* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.
* For further details, please visit: english.luatvietnam.vn
#
| NUMBER | TITLE |
| In This Updates: | |
FINANCE – BANKING |
| FINANCE – BANKING | |||
1 | Decision No. 241/QD-TTg dated February 23, 2018 of the Prime Minister on approving the scheme for intensifying payment for public services, including tax, electricity, water, tuition fees and hospital charges, and social security programs via banks |
| Intensifying payment of electricity, water via banks | Page 2 | |
2 | Decree No. 167/2017/ND-CP dated December 31, 2017 of the Government on disposition of public property |
| Public land not used continuously more than 12 months shall be forfeited | Page 2 | |
CONSTRUCTION |
| CONSTRUCTION | |||
3 | Circular No. 02/2018/TT-BXD dated February 06, 2018 of the Ministry of Construction providing for environmental protection in construction and reporting thereof |
| Contractor must suspend the construction works when finding out any risks of serious environmental pollution | Page 2 | |
INFORMATION - COMMUNICATIONS |
| INFORMATION - COMMUNICATIONS | |||
4 | Circular No. 35/2017/TT-BTTTT dated November 23, 2017 of the Ministry of Information and Communicators on terrestrial mobile network porting |
| From January 8, 2018, allow to change mobile network, retaining number | Page 3 | |
INTELLECTUAL PROPERTIES |
| INTELLECTUAL PROPERTIES | |||
5 | Decree No. 22/2018/ND-CP dated February 23, 2018 of the Government on guidelines for certain number of articles of the Intellectual Property Law and Law on amendments to the Intellectual Property Law 2009 in terms of the copyright and related rights |
| News of the day are not covered by copyright protection | Page 3 | |
JUSTICE |
| JUSTICE | |||
6 | Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development and the People’s Supreme Procuracy dated December 29, 2017 on cooperation between various authorities in implementation of the criminal procedure code 2015 regarding receipt and handling of crime reports and petitions for prosecution |
| From March 01, allow recording audio or video crime reports | Page 3 |
SUMMARY:
Ü FINANCE – BANKING
| ||
The scheme for intensifying payment for public services, including tax, electricity, water, tuition fees and hospital charges, and social security programs via banks was approved at Decision No. 241/QD-TTg on February 23, 2018 by the Prime Minister. This Scheme set the targets by 2020, 80% of payments for taxes is made via banks at central-affiliated cities and provincial cities; 70% of electricity companies shall accept payments for electricity bills via banks; 100% of universities and colleges accepts payments for tuition fees via banks and 80% of students at universities and colleges shall use bank services to pay their tuition fees; 50% of hospitals in big cities shall accept payments for hospital charges via banks… | In order to achieve these goals, there are some solutions such as equip and develop POS terminals at State Treasuries, hospital and schools to serve payments made via banks. Besides, develop multi-functional or multi-purpose bank cards allowing card users to make payments for taxes and tolls, receive social insurance benefits, and make payments for tuition fees or hospital charges in different forms such as online payment, payments via mobile apps, contactless payment. Complete and put the automated clearing system for retail transactions into official operation with its 24/7 availability… This Decision takes effect on February 23, 2018. |
| ||
Decree No. 167/2017/ND-CP on disposition of public property was issued on December 31, 2017 by the Government, takes effect on January 01, 2018. According to this Decree, public property includes: Land, Houses; Cars; Other machinery, equipment. Within that, the forfeiture of property shall be applied in one of the following cases: The body or enterprise has not used property continuously for more than 12 months; Using property in contravention of the provisions; Assignment, sale, giving, capital contribution, or use of property as security of a civil obligation not in accordance with laws and regulations; Property which has been allocated, constructed or procured but no longer need to be used… | The Minister of Finance is responsible for deciding forfeiture of property under management of central bodies or enterprises; Each People’s Committee of province is responsible for deciding forfeiture of property under management of provincial bodies or enterprises… Also in accordance with this Decree, forms of change in purpose of land use shall solely apply to property managed by enterprises. Particularly, the change in land use purposes for executing real estate business projects shall solely apply to enterprises meeting the conditions prescribed by the legislation on enterprises, the law on real estate business… |
Ü CONSTRUCTION
| ||
On February 06, 2018, the Ministry of Construction issued the Circular No. 02/2018/TT-BXD dated February 06, 2018 of the Ministry of Construction providing for environmental protection in construction and reporting thereof. Accordingly, the building contractor shall implement the environmental protection and management plan, and regulations on environmental protection during the execution of construction works; arrange environmental staff as prescribed by the Law on environmental protection to implement environmental protection measures included | in the environmental impact assessment report or the environmental protection plan of the construction project. Besides, the building contractors must formulate and implement internal rules and regulations on environmental protection during the execution of construction works. Suspend construction works when finding out any risks of serious environmental emergencies or pollution events, and take corrective actions so as to the satisfaction of environmental protection requirements in construction… This Circular takes effect on April 01, 2018. |
Ü INFORMATION - COMMUNICATIONS
| ||
On November 23, 2017, the Ministry of Information and Communications issued provisions on terrestrial mobile network porting at the Circular No. 35/2017/TT-BTTTT. According to this Circular, mobile network porting services shall be provided under a commercial contract between the terrestrial mobile network service provider and the mobile subscriber. Mobile network porting services shall not include the continued provision of value-added services and the donor operator's telecommunications application services that are being used by the requesting subscriber. The donor operator shall not incur charges for any value-added service and telecommunications application services as soon as the requesting subscriber’s services are deactivated. The donor operator shall be only entitled to reject the request for mobile network porting submitted by the requesting subscriber in one of the following cases: Subscriber’s information included in the request for mobile network porting submitted to the recipient operator is not | consistent with the information kept by the donor operator; Any complaint or dispute between the requesting subscriber and the donor operator arises during rendering and use of telecommunication services; The requesting subscriber has breached a telecommunications service contract or other general contractual terms and conditions agreed upon with the donor operator… This Circular also prescribed, from the date of registering mobile network porting services to before the date of receiving the porting schedule from the porting center, the requesting subscriber may cancel the request for mobile network porting by submitting the request to the recipient operator or sending a message to 1441. The donor operator and recipient operator shall be only entitled to stop the mobile network porting process upon receipt of the request for canceling mobile network porting from the porting center. This Circular takes effect on January 08, 2018. |
Ü INTELLECTUAL PROPERTIES
| ||
On February 23, 2018, the Government issued Decree No. 22/2018/ND-CP on guidelines for certain number of articles of the Intellectual Property Law and Law on amendments to the Intellectual Property Law 2009 in terms of the copyright and related rights which takes effect on April 10, 2018. Accordingly, subject matters not covered by copyright protection includes: News of the day and Administrative documents. Within that, news of the day means daily news briefs which are merely of informatory nature and contain no creative elements; administrative documents including documents issued by state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, and people’s armed forces units. | Also in accordance with this Decree, reasonable recitation of a work by a person without misrepresenting the author’s views for commentary or illustrative purpose in his/her work must satisfy 2 following conditions: The recited parts aim merely to introduce, comment or clarify matters touched upon in his/her work; The number and essence of parts recited from the work used for recitation are not prejudicial to the copyright to such work and suitable to the nature and characteristics of the type of work used for recitation. With regards to royalties, remunerations, payment of royalties, remunerations and material benefits must assure the interests of authors, users and the public; the sums of royalties, remunerations and material benefits depends on the category, form, quality, quantity or use frequency of works… |
Ü JUSTICE
| ||
This content is prescribed at Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC on cooperation between various authorities in implementation of the Criminal procedure Code 2015 regarding receipt and handling of crime reports and petition for prosecution. Accordingly, every investigating authority and Procuracy shall have a team which operates 24/24 to receive every crime report and petition for prosecution. Investigating authorities and agencies assigned to investigate shall record crime reports and requests for charges sent by post, by phone or other media in their logbooks. Information that | is provided in person shall be written in a logbook and a record. Audio or video recording is permissible. Also in accordance with this Joint Circular, a crime report or petition for prosecution shall be handled within 20 days from the day on which it is received by a competent authority. In complicated cases that require verification at multiple locations, the chief or deputy of the handling authority may extend the aforementioned time limit to up to 02 months. This Joint Circular takes effect on March 01, 2018. |
Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn
Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.
Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.
We would like to show great thanks to you for reading our Legal Updates!
LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi: 3rd Floor, IC Building, No. 82 - Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
Tel: 024.37833688 - Fax: 024.37833699
Ho Chi Minh: No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (028) 399 507 24 - Fax: (028) 399 507 27
Email: [email protected]
Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.