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1 A TTORNEYS. PATENT & T RADEMARK A GENTS. I NVESTMENT & B USINESS C ONSULTANTS Legal news Contents HIGHLIGHTED... 2 Other Sectors... 6 Finance - Banking... 6 Taxation... 6 Trade... 7 Education... 8 Labour... 9 Health Transport Construction Energy Information - Communications Administration - Judiciary Agriculture - Forestry - Fishery Miscellaneous Contact Details This Legal news is published solely for our clients and other interested persons. It is intended to be used for general information purpose only and should not be relied upon as legal advice or opinion. Professional advice should be sought for any specific situation. Please direct your inquiries to our offices or persons listed at the end of this Legal news. This Legal news is also available online at All rights reserved
2 HIGHLIGHTED 1. Detailing the implementation of a number of articles of the Law on Money Laundering Prevention and Combat On 4 April 2013, the Government stipulated Decree No. 116/2013/ND-CP, on detailing a number of articles of the Law on Money Laundering Prevention and Combat. Accordingly, information of clients must be identified, reported and kept in the following cases: (a) For financial organizations: (b) (c) (d) (e) (i) (ii) (iii) (iv) (v) (vi) When clients open accounts for the first time; including current account, saving account, card account and other accounts; When clients set up the relationship with financial organizations to use their products and services for the first time; When clients who make infrequent transactions of large value. Infrequent transaction of large value is the transaction of clients having no account or having account but no transactions were conducted through it within 6 months or more with the total value of VND 300,000,000 (Three hundred million Vietnamese Dongs) or over in a day; When conducting electronic funds transfer, the information about name, address or account number of the originator were lacked; When there is doubt that transaction or the parties concerned in transactions are related to the money laundering; When there are doubts about the accuracy or completeness of the Clients identification information previously collected. Organizations and individuals doing the business of prize-winning games and casinos must implement measures to identify clients for those conducting financial transactions with the aggregate value of VND 60,000,000 (sixty million Vietnamese Dongs) or over in a day. Organizations and individuals doing business on real estate management, brokerage and real estate trading floor must apply measures to identify clients regarding the purchasers and sellers in the transactions of real estate sale and purchase brokerage; and asset owners in providing services of real estate management. Organizations and individuals doing the business of precious metals and gems must apply measures to identify clients if transaction is conducted in cash with the value of VND 300,000,000 (three hundred million Vietnamese Dongs) or more in a day. Organizations and individuals that are doing business in providing notary or accounting services, the lawyers that provide legal services and lawyer practice organizations must apply measures to identify Page 2
3 (f) (g) (h) (i) clients when they, on behalf of clients, prepare the conditions for conducting the transactions to transfer the land use rights, house ownership, management service of money and securities or other assets of the clients; management service of the clients accounts at banks and securities companies; direction and management of the clients corporate operations, and participation in the activities of purchasing and selling business organizations. Organizations and individuals doing business in providing investment portfolio services are organizations and individuals that receive money or assets from or a number of entrusting organizations or individuals to conduct the transactions related to money or assets of the latters. Organizations and individuals providing the investment portfolio services must apply measures to identify clients regarding entrusting parties. Organizations and individuals providing the services of establishment, management and direction of enterprises; providing the registered offices, addresses or places of business; providing the service of being representative for enterprises must apply measures to identify clients that use or request for those services. Organizations and individuals that supply services of providing directors and secretary to director of enterprises for the third parties must apply measures to identify clients regarding the third parties and those directors and secretary to director. Organizations and individuals that supply services of providing the shareholder s representative must apply measures to identify clients regarding those shareholders and shareholders representative. Identification information of clients includes: (a) (b) (c) The identification information of clients who are Vietnamese or foreign organizations or individuals must include: full name; date of birth; nationality; jobs, position; telephone number, identity card number or passport number, place of issue; registered permanent/current residential address. The identification information of clients who are stateless must include: full name; date of birth; job, position; visa book; entry visa issuing agencies; Address of registered permanent residential address in foreign country and Vietnam. For the identification of the clients who have two (02) or more nationalities, in addition to the information, which is specified in Point (a), reporting entities must additionally collect the information about all nationalities, registered residential addresses in the countries of their nationalities. This Decree takes effect on 10. Page 3
4 2. Ceiling level of deposit and labour markets in which service enterprises permitted making agreement about depositing with the employees who go to work abroad under contracts On 10, the Ministry of Labour, War Invalids and Social Affairs issued Circular No. 21/2013/TT-BLDTBXH, providing for the ceiling level of deposit and labour markets in which service enterprises permitted make agreement about the depositing with employees who go to work abroad under the contracts. Applicable subjects include: (a) (b) Service enterprises licensed for providing service of sending Vietnamese workers to work abroad under the contracts (hereinafter collectively referred to as service enterprises). Vietnamese workers going abroad for working under the contracts on sending workers to work abroad, which have been signed with service enterprises (hereinafter collectively referred to as workers). Accordingly, employees and service enterprises shall agree about the depositing according to trades, professions and countries receiving employees with a deposit not exceeding the ceiling level of deposit in markets specified in this Circular.In case where the employees fail to conduct the depositing or have not enough money for the depositing, service enterprises may agree with employees to conduct guarantee as prescribed in the Inter-ministerial Circular No. 08/2007/TTLT-BLDTBXH-BTP, dated 11 July 2007, of the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Justice, providing detailed guidelines on a number of issues about contents contained in guarantee contracts and liquidation of guarantee contracts for laborers going abroad for working under the contracts. Service enterprises have the responsibility to report periodically and irregularly (as requested) on situation of implementation, management and use of deposits of the employees, which must be sent to the Department of Overseas Labour Administration and made according to the form in Annex No. 02 accompanying this Circular before 20 June and 12 December annually. The Department of Overseas Labour Administration; inspectorate of the Ministry of Labour, War Invalids and Social Affairs; Departments of Labour, War Invalids and Social Affairs of provinces and centrally-run cities; and other relevant agencies are responsible to examine, supervise and urge the implementation by enterprises. This Circular takes effect on 1 December Detailed guidelines on labour contract On 25, the Ministry of Labour, War Invalids and Social Affairs issued Circular No. 30/2013/TT-BLDTBXH, providing guidelines for the implementation a number of articles in the Decree No. 44/2013/ND- CP, detailing and providing guidelines for the implementation of some articles in the Labour Code regarding labour contracts ( Decree 44 ). Page 4
5 This Circular provides guidelines on the implementation of compulsory social insurance, unemployment insurance and compulsory health insurance of the employees when entering into labour contracts with multiple employers; contents contained in the labor contracts for the employees hired as the directors in the enterprises with the State s capital; the order and procedures for declaring labour contracts null and void by the labour inspectors and handling invalid labour contracts under Decree 44. This Circular is applicable to the employees, employers, and relevant organizations and individuals. Accordingly, within 30 days, as from the day on which labour contract is newly signed or amended, supplemented or terminated that changed responsibility for participating in the compulsory social insurance, unemployment insurance, and compulsory health insurance of the employees and the employers, the employees are responsible to send the dossier requesting the employers of the labour contracts, under which they are responsible to participate in the compulsory social insurance, unemployment insurance, and compulsory health insurance. The employer and the employee hired as the director can agree to extend the term of labour contract 01 time, by signing an annex to the labour contract, but not exceeding 12 months. When the extension term is ended, both parties have to sign a new labour contract. The maximum extension term of labour contracts for foreigners hired as director will not exceed the term of work permit issued by the competent authorities. This Circular also clarifies the procedures for declaring labour contracts null and void, refund ratio of difference between the agreed salary and the salary stated in the invalid labour contract; as well as the responsibilities of the employer, and rights and interests of the employees when a labour contract becomes invalid. This Circular takes effect on 10 December 2013./. Page 5
6 Other Sectors Finance - Banking Decree No. 133/2013/ND-CP, dated 17, on amending and supplementing to Decree No. 54/2013/ND-CP, dated 22 May 2013; and on supplementing Decree No. 75/2011/ND-CP, dated 30 August 2013, on State s investment credits and export credits. On 11, the Government issued Decree No. 122/2013/ND-CP, on the suspension of circulation, blocking, sealing, temporary detention and disposal of terrorism- and terrorism financing-related monies and properties; making of lists of terrorism- and terrorism financing-related organizations and individuals. Decree No. 117/2013/ND-CP, dated 7, on amending and supplementing a number of articles of Decree No. 130/2005/ND-CP, dated 17 October 2005, providing for the autonomy and self-responsibility mechanism concerning the staffing and budgeting in State agencies. On 15, the Prime Minister stipulated Decision No. 58/2013/QD- TTg, promulgating the Regulation on establishment, organization and operation of Credit Guarantee Fund for medium and small enterprises. Decision No. 1826/QD-TTg, dated 9, of the Prime Minister, on the adjustment in reducing the lending interest rate applicable to a number of policy credit programs at Vietnam Bank for Social Policies; On 31, the Ministry of Construction issued Circular No.18/2013/TT-BXD, on amending and supplementing a number of articles of Circular No. 07/2013/TT-BXD, dated 15 May 2013, of the Ministry of Construction, providing guidelines for the determination of subjects eligible for housing support loans under the Government s Resolution No. 02/NQ-CP, dated 7 January Circular No. 147/2013/TT-BTC, dated 23, of the Ministry of Finance, on amending and supplementing the index system of State Budget. On 22, the Ministry of Finance stipulated Circular No.146/2013/TT-BTC, providing for the regime on managing the finance and properties of Vietnamese agencies abroad. Taxation Decree No. 129/2013/ND-CP, dated 16, providing for the sanctioning of administrative violations on taxes and enforcement of tax-related administrative decisions. On 29, the Ministry of Finance issued Decision No, 150/2013/TT- Page 6
7 BTC, providing guidelines for the establishment, management and implementation of tax refund from the national Fund for VAT refund. Decision No. 7885/QD-BCT, dated 24, of the Ministry of Industry and Trade, on the supplement to the list of machineries, equipment, supplies, and materials, which can be domestically produced. On 25, the Ministry of Finance stipulated Circular No.148/2013/TT-BTC, providing guidelines on the implementation of the Regulation on sale of duty-free goods accompanying the Prime Minister s Decision No. 24/2009/QD-TTg, dated 17 February 2009 and Decision No.44/2013/QD-TTG, dated 19 July 2013, on the amendment and supplement to a number of articles of the Regulation on sale of duty-free goods, accompanying the Prime Minister s Decision No. 24/2009/QD-TTg, dated 17 February Circular No. 141/2013/TT-BTC, dated 16, of the Ministry of Finance, providing guidelines for the implementation of Decree No.92/2013/ND- CP, dated 13 August 2013, detailing the implementation of a number of articles that take effect on 1 July 2013 in the Law amending and supplementing the Law on Corporate Income Tax and the Law amending and supplementing the Law on Value-Added Tax. On 14, the Ministry of Finance issued Circular No. 140/2013/TT- BTC, on the amendment and supplement to Circular No. 34/2013/TT-BTC, dated 28 March 2013, of the Ministry of Finance, providing guidelines on the registration fees. Trade Decree No. 127/2013/ND-CP, dated 15, on sanctioning administrative violations and enforcing administrative decisions in the customs field. On 29, the Government stipulated Resolution No. 115/NQ-CP, on approving the Framework Agreement on Trade and Investment between the Government of the Republic of Haiti and the Government of the Social Republic of Vietnam. Decree No. 130/2013/ND-CP, dated 16, on the manufacture and supply of products and services of public use. On 7, the Ministry of Industry and Trade issued Decision No.7313/QD-BCT, on a number of support activities of the Ministry of Industry and Trade in favour of reputed export enterprises. Decision No. 7312, dated 7, of the Ministry of Industry and Trade, on providing the Regulation on selecting reputed export enterprises. On 30, the Ministry of Industry and Trade stipulated Circular Page 7
8 No.26/2013/TT-BTC, providing for the samples of minutes and decisions used in activities of checking and sanctioning administrative violations by the Market Management Force. Circular No. 148/2013/TT-BTC, dated 25, of the Ministry of Finance, providing guidelines on the implementation of the Regulation on sale of duty- free goods accompanying the Prime Minister s Decision No. 24/2009/QD- TTg, dated 17 February 2009, and Decision No. 44/2013/QD-TTG, dated 19 July 2013, on amendment and supplement to a number of articles of the Regulation on sale of duty-free goods, accompanying the Prime Minister s Decision No.24/2009/QD-TTg, dated 17 February On 9, the Ministry of Finance issued Circular No. 139/2013/TT- BTC, providing for the customs procedures regarding export/import/temporary import for re-export/transhipment of gasoline and oils; imported raw materials for producing gasoline and oils; and imported raw materials for processing gasoline and oils to be exported. Circular No. 30/2013/TT-BYT, dated 4, of the Ministry of Health, on promulgating the list of milk products for children under 6 years old, which pertain to goods subject to price stabilization. On 3, the Ministry of Finance stipulated Circular No.136/2013/TT- BTC, providing guidelines for the business activities of lottery with random numbers generated automatically by computer. Education Decree No. 141/2013/ND-CP, dated 24, detailing and providing guidelines for a number of articles of Law on Higher Education. On 22, the Government issued Decree No. 138/2013/ND-CP, on sanctioning administrative violations in the field of education. Decision No. 6269/QD-UBND, dated 17, of the Hanoi People s Committee, on publishing the newly-promulgated administrative procedures in the education field under the jurisdiction of the Department of Education and Training in the area of Hanoi. On 15, the Ministry of Agriculture and Rural Development stipulated Decision No. 2371/QD-BNN-TCCB, promulgating the Model Regulation on the operations of the Councils of vocational junior colleges and intermediate-level vocational schools directly under the Ministry of Agriculture and Rural Development. Decision No. 2370/QD-BNN-TCCB, dated 15, of the Ministry of Agriculture and Rural Development, promulgating the Model Regulation on the operations of the Councils of intermediate-level professional schools directly Page 8
9 under the Ministry of Agriculture and Rural Development. On 2, the Ministry of Education and Training issued Decision No.4415/QD-BGDDT, promulgating the Program on fostering legal knowledge and skills in legal works for legal staffs in the education branch. Circular No. 29/2013/TT-BLDTNXH, dated 22, of the Ministry of Labour, War Invalids and Social Affairs, providing for the formulation of programs and the elaboration of vocational curriculum at intermediate-level schools and junior college levels for key occupations at national level. On 16, the Ministry of Labour, War Invalids and Social Affairs stipulated Circular No. 23/2013TT-BLDBXH, providing guidelines for a number of articles on the foreign co-operation and investment in the education field of Decree No. 73/2012/ND-CP, dated 26 September 2013, providing for the foreign co-operation and investment in the education field. Circular No. 20/2013/TT-BLDTBXH, dated 4, of the Ministry of Labour, War Invalids and Social Affairs, promulgating the list of equipment for vocational education at vocational junior colleges and intermediate-level vocational schools regarding the occupations of: Operating and repairing electric pump stations; Operating and repairing refrigeration equipment; Database management; Office informatics; Controlling dredger boats; Topographic survey; Protecting sea environment; Biotechnology; Cultivating food crops; and Receptionist business Receptionist administration. Labour On 30, the Government issued Decree No. 148/2013/ND-CP, providing for sanctioning administrative violations in the field of vocational education. Decision No. 47/2013/QD-UBND, dated 17, of the People s Committee of Ho Chi Minh City, providing for the Regulation on recruitment of public servants and salary grades when appointing professional titles. On 8, the Vietnam Social Insurance stipulated Decision No.1066/QD-BHXH, promulgating the Regulation on management of investments by social insurance and health insurance funds. Decision No. 55/2013/QD-TTg, dated 3, of the Prime Minister, providing for the apprentice support levels for the employees who are receiving unemployment insurance benefits. On 2, the Vietnam Social Insurance issued Decision No. 1055/QD- BHXH, promulgating the form of health insurance card. Circular No. 30/2013/TT-BLDTBXH, dated 25, of the Ministry of Labour, War Invalids and Social Affairs, providing guidelines for the Page 9
10 implementation of a number of articles of Decree No. 44/2013/ND-CP, dated 10 May 2013, detailing the implementation of a number of articles of Labour Code regarding labour contracts. On 18, the Ministry of Labour, War Invalids and Social Affairs stipulated Circular No. 26/2013/TT-BLDTBXH, promulgating the list of works, for which use of female employees is not allowed. Circular No. 25/2013/TT-BLDTBXH, dated 18, of the Ministry of Labour, War Invalids and Social Affairs, providing guidelines for the regime on benefits in kind for the employees working in conditions, which have dangerous and hazardous factors. On 15, the Ministry of Labour, War Invalids and Social Affairs issued Circular No. 22/2013/TT-BLDTBXH, providing for the form of and contents contained in labour supply contract and guest worker contract. Circular No. 21/2013/TT-BLDTBXH, dated 10, of the Ministry of Labour, War Invalids and Social Affairs, providing for the ceiling level of deposit and labour markets in which service enterprises permitted making agreement about the depositing with workers. Health On 30, the Prime Minister stipulated Decision No. 1976/QD-TTg, on approving the overall planning for developing medicine materials to 2020, with orientation to Circular No. 35/2013/TT-BYT, dated 30, of the Ministry of Health, on recovering the practicing certificates and operating licenses and suspending professional operations of practitioners and medical examination and treatment establishments. On 29, the Ministry of Finance issued Circular No. 149/2013/TT- BTC, providing for the collection rates, submission, management and use of charges and fees for management of food safety and hygiene. Inter-ministerial Circular No. 33/2013/TTLT-BYT-BTC, dated 18, of the Ministry of Finance and the Ministry of Health, providing guidelines for the implementation of Decision No. 14/2012/QD-TTg, dated 1 March 2012, of the Prime Minister, on amending and supplementing a number of articles of Decision 139/2002/QD-TTg, dated 15 October 2002, of the Prime Minister on medical examination and treatment for poor people. On 28, the Ministry of Health stipulated Circular No. 34/2013/TT- BYT, on promulgating the list of diseases, which are needed to treat for a longterm. Circular No. 32/2013/TT-BYT, dated 17, of the Ministry of Heath, Page 10
11 providing guidelines for management and monitoring of treatment for people acquiring HIV and exposed to HIV. Transport On 30, the Government issued Decree No. 147/2013/ND-CP, on sanctioning administrative violations in the field of civil aviation. Decree No. 146/2013/ND-CP, dated 30, of the Government, promulgating the maritime routes and traffic threading in the territorial water of Vietnam. On 15, the Government stipulated Decree No. 128/2013/ND-CP, on the settlement of sunken properties on inland waterways, sea port water and Vietnam sea area. Decision No. 3362/QD-BGTVT, dated 25, of the Ministry of Transport, on promulgating the Regulation on Public inspectorate of the Ministry of Transport. On 7, the Ministry of Transport issued Decision No. 3095/QD- BGTVT, on promulgating the Temporary Regulation on technological and technical solutions for transition between roads and bridges (sewers) on auto roads. Decision 2995/QD-BGTVT, dated 1, of the Ministry of Transport, on promulgating the Regulation on speaking and providing information to the press of the Ministry of Transport. On 11, the Ministry of Transport stipulated Decision No.3173/QD- BGTVT, on promulgating the Temporary Regulation on activities of work construction supervision consultancy in the Transport branch. Decision No. 60/2013/QD-TTg, dated 21, of the Prime Minister, on providing for the functions, tasks and organizational structure of the Directorate for Roads of Vietnam. On 14, the Ministry of Transport issued Decision No. 3191/QD- BGTVT, promulgating the Temporary Regulation on designs, constructions, and final check and acceptance of the recycled layer cooled in place with cement or cement and emulsions of asphalt in the road pavement structure for auto roads. Circular No. 151/2013/TT-BTC, dated 29, of the Ministry of Finance, providing for the collection rates and the regime on collection, submission, management and use of airfields and airports exploration concession fees. On 24, the Ministry of Transport stipulated Circular No.38/2013/TT-BGTVT, amending and supplementing a number of articles of Circular No.46/2012/TT-BGTVT, dated 7 November 2012, of the Ministry of Page 11
12 Transport on training, examining and issuing licenses for land road motorized vehicle drivers. Circular No. 37/2013/TT-BGTVT, dated 24, of the Ministry of Transport, on dredging of inland waterways, harbour s water, and inland water stations in combination with spent products. On 23, the Ministry of Transport issued Circular No. 36/2013/TT- BGTVT, on training, granting and revoking the Certificate of professional competent of maritime pilotage and Certificate of the operating area for maritime pilotage. Circular No. 35/2013/TT-BGTVT, dated 21, of the Ministry of Transport, on the arrangement of merchandise in automobiles on road traffic. On 15, the Ministry of Transport stipulated Circular No.34/2013/TT-BGTVT, on providing for the tasks, powers and organizational structures of the Inspectorate of Vietnam Maritime Administration. Circular No. 33/2013/TT-BGTVT, dated 15, of the Ministry of Transport, on providing for the functions, tasks and organizational structures of the Inspectorate of the Civil Aviation Administration of Vietnam. On 15, the Ministry of Transport issued Circular No. 32/2013/TT- BGTVT, on promulgating the samples of minutes and decisions on sanctioning administrative violations in the field of maritime and inland waterway traffic. Circular No. 31/2013/TT-BGTVT, dated 9, of the Ministry of Transport, on the economic - technical norm of fuel consumption applicable to special-purpose vehicles in the management and maintenance work of inland water ways. On 8, the Ministry of Transport stipulated Circular No.30/2013/TT-BGTVT, repealing Decision No. 22/2008/QD-BGTVT, dated 20 October 2008, of the Ministry of Transport, on promulgating the Regulation on work construction supervision consultancy in the Transport branch. Circular No. 29/2013/TT-BGTVT, dated 7, of the Ministry of Transport, on amending and supplementing a number of articles of Circular No.15/2009/TT-BGTVT, dated 4 August 2009, of the Ministry of Transport on handling rail traffic incidents and accidents. Construction On 10, the Government issued Decree No. 121/2013/ND-CP, on sanctioning of administrative violations in activities of construction; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure; and management of development of residential housing and offices. Page 12
13 Decision No.46/2013/QD-UBND, dated 25, of the Hanoi People s Committee, on strengthening the organization and activities of the Inspectorate of the Hanoi Department of Construction. On 8, the Hanoi People s Committee stipulated Decision No.6093/QD-UBND, on approving the Project on Providing information of construction planning for Hanoi in the period from 2012 to Circular No. 17/2013/TT-BXD, dated 30, of the Ministry of Construction, providing for guidelines on the determination and management of construction survey costs. On 18, the Ministry of Industry and Trade issued Circular No.23/2013/TT-BTC, on providing for the contents and order of formulation, assessment and appraisal, and approval of the work construction designs of nuclear power plants. Circular No. 16/2013/TT-BXD, dated 16, of the Ministry of Construction, on amending and supplementing a number of articles of Circular No. 06/2013/TT-BXD, dated 13 May 2013, of the Ministry of Construction providing guidelines on the contents contained in urban designs. On 8, the Ministry of Transport stipulated Circular No.30/2013/TT-BGTVT, on repealing Decision No. 22/2008/QD-BGTVT, dated 20 October 2008, of the Ministry of Transport, promulgating the Regulation on work construction supervision consultancy in the Transport branch. Land Decree No. 126/2013/ND-CP, dated 15, on providing guidelines for Resolution No. 49/2013/QH13, dated 21 June 2013, of the National Assembly, on the prolongation of use term of households and individuals land for cultivation of annual crops, aquaculture or salt making. On 30, the Prime Minister issued Decision No. 1975/QD-TTg, on approving the Project on Setting up the national database on land. Decision No. 48/2013/QD-UBND, dated 17, of the People s Committee of Ho Chi Minh City, on promulgating the Regulation on order and procedures for valuation of houses and land under the State management at the market prices in Ho Chi Minh City. On 15, the Hanoi People s Committee stipulated Decision No.6239/QD-UBND, on providing for the order and procedures for promulgating decisions on plan of organizing land recovery, survey, investigation, inventory and measures of land recovery and site clearance; and on promulgating decisions on divergence of land recovery, land allocation and site clearance. Decision No. 1851/QD-TTg, dated 14, of the Prime Minister, on Page 13
14 supplementing subjects enjoying reduction of land rents in 2013 and in 2014 with respect to organizations, households and individuals who had to adjust unit price of land rent under the policies before the effective date of Decree No.121/2010/ND-CP, dated 30 December On 25, the Ministry of Natural Resources and Environment issued Circular No. 33/2013/TT-BTNMT, on promulgating economic and technical norms for land documentation archive. Circular No. 31/2013/TT-BTNMT, dated 23, of the Ministry of Natural Resources and Environment, on promulgating the Professional processes for land documentation archive. On 14, the Ministry of Natural Resources and Environment stipulated Circular No. 30/2013/TT-BTNMT, on providing for the integration of measurement for setting up and revision of cadastral maps into the registration and issuance of certificates of land use rights, ownership of house and other assets attached to land; and building up cadastral dossiers and database. Natural Resources - Environment Decree No. 142/2013, dated 24, on sanctioning administrative violations in the field of water resources and minerals. On 17, the Ministry of Planning and Investment issued Decision No. 1485/QD-BKHDT, on promulgating the guidance frame on choice of priorities adapted with climate change in setting up plan of socio-economic development. Decision No. 45/2013/QD-UBND, dated 17, of the Hanoi People s Committee, on amending and supplementing a number of articles of the Regulation on activities of measuring maps and using products of map measurement in the area of Hanoi, accompanying Decision No. 54/2010/QD- UBND, dated 19 November 2010, of the Hanoi People s Committee. On 15, the Prime Minister stipulated Decision No. 1876/QD-TTg, on approving the list of missions and projects for the period from 2013 to 2020 to implement the Overall scheme on basic survey and management of sea environment resources up to 2010, with orientation to Decision No. 5977/QD-UBND, dated 2, of the Hanoi People s Committee, on approving the areas not subject to auction of the rights to exploit minerals in the area of Hanoi. On 30, the Ministry of Natural Resources and Environment issued Circular No. 34/2013/TT-BTNMT, providing for the delivery and submission, collection, storage, preservation and provision of environmental data. Circular No. 31/2013/TT-BYT, dated 15, of the Ministry of Heath, Page 14
15 on the observation of environmental impacts from medical examination and treatment activities of hospitals. On 14, the Ministry of Industry and Trade stipulated Circular No.22/2013/TT-BTCT, providing for the declaration, management and use of environmental database of the Industry and Trade branch. Circular No. 29/2013/TT-BTNMT, dated 9, of the Ministry of Natural Resources and Environment, on promulgating the System of statistical indicators of the Natural Resources and Environment. On 8, the Ministry of Natural Resources and Environment, the Ministry of Finance, and the Ministry of Planning and Investment jointly issued Inter-ministerial Circular No. 28/2010/TTLT-BTNMT-BTC-BKHDT, on providing guidelines, for the regime on management and use of expenditures funded by the State Budget to implement the National target program on overcoming pollutions and improving environment for the period from 2012 to Energy Decree No. 137/2013/ND-CP, dated 21, detailing the implementation of a number of articles of Law on Electricity and Law amending and supplementing a number of articles of Law on Electricity. On 17, the Government stipulated Decree No. 134/2013/ND-CP, on sanctioning administrative violations in the field of energy, hydroelectric dam safety, and economical and efficient use of energy. Decree No. 124/2013ND-CP, dated 14, providing for the policies on incentives and support for people participating in training on atomic energy. On 31, the Ministry of Industry and Trade issued Circular No.27/2013/TT-BCT, on Inspection of electric activities and electric usage, and settlement of disputes on electricity purchase contracts. Circular No. 25/2013/TT-BCT, dated 29, of the Ministry of Industry and Trade, on providing for the order of and procedures for issuance, extension, supplement, revocation and term of power operation licenses. On 21, the Ministry of Industry and Trade stipulated Circular No.24/2013/TT-BCT, providing for the list, management and use of dossiers and documents related to nuclear power plants. Information - Communications Decree No. 132/2013/ND-CP, dated 16, on providing for the functions, tasks and organizational structure of the Ministry of Information and Communications. Page 15
16 On 18, the Ministry of Finance issued Decisions No. 2607/QD- BTC, on amending and supplementing the regulations on standards for application of information technology in administrative agencies and nonbusiness professional units directly under the Ministry of Finance, accompanying Decision No. 1895/QD-BTC, dated 30 July Decision No. 1260/QD-BTTTT, dated 3, of the Ministry of Information and Communications, on the Plan of information about and propaganda for digitalization of transmissions and broadcasting terrestrial television of the Ministry of Information and Communications for the period from 2013 to On 2, the Committee for Ethnic Minority Affairs stipulated Decision No. 467/QD-UBDT, promulgating the Regulation on managing, using and providing information on the Committee for Ethnic Minority Affairs Portal. Decision No. 466/QD-UBDT, dated 2, of the Committee for Ethnic Minority Affairs, promulgating the Regulation on guaranteeing security and safety on information network in the Committee for Ethnic Minority Affairs s operations. On 2, the Committee for Ethnic Minority Affairs issued Decision No. 465/QD-UBDT, promulgating the Regulation on managing, using and exploiting the General information system of the Committee for Ethnic Minority Affairs. Decision No. 1486/QD-LDTBXH, dated 3, of the Ministry of Labour, War Invalids and Social Affairs, on promulgating the Regulation on records and archive of the Ministry of Labour, War Invalids and Social Affairs. On 15, the Ministry of Information and Communications stipulated Circular No. 18/2013/TT-BTTTT, on promulgating the National technical regulations on frequency spectrum and compatible electronics of DVB T2 digital transmitters. Administration - Judiciary Decree No. 144/2013/ND-CP, dated 29, on sanctioning administrative violations on social patronization and relief and children protection and care. On 18, the Government issued Decree No. 135/2013/ND-CP, on amending and supplementing the title and a number of articles of Decree No.61/2009/ND-CP, dated 24 July 2009, on the organization and operations of bailiffs under the pilot implementation in Ho Chi Minh City. Decree No. 125/2013/ND-CP, dated 14, on amending and supplementing a number of articles of Decree No. 58/2009/ND-CP, dated 13 July Page 16
17 2009, on detailing and providing guidelines for a number of articles of Law on Enforcement of Civil Judgements on procedures for the enforcement of civil judgements. On 14, the Government stipulated Decree No. 123/2013/ND-CP, on detailing a number of articles and enforcement measures of Law on Lawyers. Decree No. 115/2013/ND-CP, dated 3, on the management and preservation of exhibits and means of administrative violations temporarily detained or confiscated according to administrative procedures. On 2, the Government issued Decree No. 112/2013/ND-CP, providing for the sanctions of expulsion, temporary detention, and escort of violators according to administrative procedures and the management of foreigners violating Vietnamese laws during the waiting time for expulsion. Decision No. 6454/QD-UBND, dated 28, of the Hanoi People s Committee, on promulgating the Plan of implementation of Planning for development of notarial organizations up to 2020 in the area of Hanoi. On 25, the Prime Minister stipulated Decision No. 1950/QD-TTg, on approving the Scheme on Building up organizational apparatus and staffing to initiate the implementation of the Ministry of Justice, Ministries, Ministeriallevel agencies and local judicial authorities unified management of enforcement of laws on sanctioning administrative violations. Decision No. 6238/QD-UBND, dated 15, of the Hanoi People s Committee, correcting Decision No. 31/2013/QD-UBND, dated 6 August 2013, of the Hanoi People s Committee. On 15, the Hanoi People s Committee issued Decision No.6236/QD-UBND, on promulgating the Scheme on Pilot implementation of bailiffs regulations in Hanoi. Decision No. 44/2013/QD-UBND, dated 10, of the People s Committee of Ho Chi Minh City, on promulgating the Regulation on management of electronic dossiers of Ho Chi Minh City s cadres, public officials and servants. On 8, the Ministry of Home Affairs stipulated Decision No.1110/QD-BNV, on publishing administrative procedures under its management functions. Circular No. 153/2013/TT-BTC, dated 31, of the Ministry of Finance, on procedures for collection and payment of fines, receipts for collection of fines and expenditures funded by the State Budget for guaranteeing operations of the forces sanctioning administrative violations. On 15, the Supreme People s Court and the Supreme People s Procuracy jointly issued Inter-ministerial Circular No. 03/2013/TTLT-TANDTC- Page 17
18 VKSNDTC, providing guidelines for the implementation of a number of provisions on judicial review procedures, new trial procedures, and special procedures for reviewing a decision of the Judges Council of the Supreme People s Court in the amended and supplemented Civil Code in accordance with Law amending and supplementing the Civil Proceedings Code. Joint Circular No. 02/2013/TTLT-TANDTC-VKSNDTC, dated 15 October 2013, of the Supreme People s Court and the Supreme People s Procuracy, on providing guidelines for the judicial review procedures, new trial procedures, and special procedures for reviewing a decision of Judges Council of the Supreme People s Court in the Administrative Proceedings Code. On 9, the Ministry of Finance stipulated Circular No.138/2013/TT- BTC, on providing guidelines for a number of article of Judicial Expertise Law and Decree No. 85/2013/ND-CP, dated 29 July 2013, detailing and providing for the enforcement measures of Judicial Expertise Law. Agriculture - Forestry - Fishery Decree No. 139/2013/ND-CP, dated 22, on sanctioning of administrative violations on the exploitation and protection of irrigation works; dikes; flood and storm prevention and combat. On 9, the Government issued Decree No. 119/2013/ND-CP, on sanctioning of administrative violations in the field of animal health, livestock, and animal feeds. Decree No. 114/2013/ND-CP, dated 3, on sanctioning of administrative violations in the field of plant varieties, and plant protection and quarantine. On 24, the Ministry of Agriculture and Rural Development stipulated Decision No. 2487/QD-BNN-TCLN, announcing forests surface areas within the valley of two or more provinces, which are taken as the basis for the implementation of policies on payment for forest environmental services. Decision No. 2453/QD-BNN-PC, dated 22, of the Ministry of Agriculture and Rural Development, repealing Circular No. 36/2013/TT- BNNPTNT dated 23 July On 9, the Ministry of Agriculture and Rural Development issued Decision No. 2331/QD-BNN-TCTS, repealing Decision No. 06/2006/QD-BTS, dated 10 April 2006, promulgating the Regulation on Management of safe shrimp breeding areas and establishments. Decision No. 2329/QD-BNN-TCLN, dated 9, of the Ministry of Agriculture and Rural Development, approving the project on "Elephant Emergency conservation and improvement of capacity of controlling the ivory Page 18
19 trade in Vietnam up to 2020". On 23, the Ministry of Agriculture and Rural Development stipulated Circular No. 44/2013/TT-BNNPTNT, repealing Article 6 and amending Article 15 of Circular No. 29/2013/TT-BNNPTNT, dated 4 June 2013, of the Ministry Agriculture and Rural Development, providing for the establishment and management of provincial marine reserves. Miscellaneous Decree No. 131/2013/ND-CP, dated 16, on sanctioning administrative violations of copyright and related rights. On 15, the People's Committee of Hanoi issued Decision No.43/2013/QD-UBND, promulgating the Regulation on coordinated State management regarding industrial clusters in the area of Hanoi. Circular No. 05/2013/TT-BKHDT, dated 31, of the Ministry of Planning and Investment, providing guidelines for organizing the formulation, assessment and appraisal, approval, adjustment and publication of the master plan for economic - social development, and planning for key sectors, domains and products. On 28, the Committee for Ethnic Affairs stipulated Circular No.03/2013/TT-UBDT, providing guidelines for the implementation of a number of articles of Decision No. 29/2013/QD-TTg, dated 20 May 2013, of the Prime Minister, on a number of policies supporting to settlement of residential land and jobs for poor people of ethnic minorities having difficult life in Mekong delta in the period from 2013 to Page 19
20 Contact Details Hanoi Office Mr. Pham Nghiem Xuan Bac Managing Partner Mr. Luu Tien Ngoc Director, Business Development Mr. Pham Minh Hai Partner, Consulting Practice Ms. Le Quynh Anh Executive Partner, Legal Practice Ms. Le Thi Kim Dzung Partner, Intellectual Property Practice Unit , 3 rd Floor, Hanoi Towers 49 Hai Ba Trung, Hanoi, Vietnam Tel: / Fax: vision@vision-associates.com Ho Chi Minh City Office Mr. Luu Tien Ngoc Director, Business Development Mrs. Nguyen Thi Van Head of Ho Chi Minh City Office Unit 905, 9 th Floor, CitiLight Tower 45 Vo Thi Sau, District 1, Ho Chi Minh City, Vietnam. Tel: Fax: hcmvision@vision-associates.com Page 20
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