Legal Document Updates in English (16/2014)

REGULATIONS ON JUDICIAL EXPERTISE CHARGES IN FORENSIC MEDICINE
 

In accordance with the Circular No. 34/2014/TT-BTC dated March 21, 2014 of the Ministry of Finance prescribing the levels and regime of collection, payment, management and use of judicial expertise charges in forensic medicine. Procedure-conducting agencies, procedure-conducting persons that solicit expertise will have to pay judicial expertise charges in forensic medicine for criminal cases. Organizations, individuals requesting solicitation of expertise will have to pay judicial expertise charges in forensic medicine for civil cases and matters, administrative cases.

Particularly, expertise-soliciting persons who are invalids, relatives of martyrs, persons exposed to orange agent, the poor, the elderly who are alone or helpless, orphans or handicapped children will not have to pay judicial expertise charges. These expenses will be paid by the State Budget. The charges fluctuates from VND  75 thousands to VND 73.23 million.

EMPLOYEES MUST GIVE A NOTICE IN ADVANCE15 DAYS BEFORE  CONTRACT TERMINATION
 

This is the content of the Decree No. 27/2014/ND-CP dated April 07, 2014 of the Government guiding some regulations of the Labor Code on domestic servants.

Accordingly, employees must give a notice in advance15 days before unilaterally terminating the labor contract; particularly, the works assigned or the working locations are not consistent with the labor contract; wages are not paid in full or on schedule according to the labor contract, unless otherwise agreed by both parties and employees are not provided with acceptable living conditions as stated in the labor contract, employees must give a notice in advance03 days before unilaterally terminating the labor contract.

Or in the case that employees is abused, insulted, sexually harassed, attacked, or forced to work by employers or a family member; the working conditions are dangerous or threaten the safety or health of employees, and employers fails to take any effective measure and employees to fails to keep performing the contract due to a natural disaster, blaze, or another force majeure circumstance despite all the measures taken or employees fail to continue working due to a disease or accident, it is not required to notice in advance of unilateral termination of the labor 

ALL INDIRECT INVESTMENT ACTIVITIES IN VIETNAM MUST BE CONDUCTED IN VIETNAM DONG
 

On March 12, 2014, the State Bank of Vietnam issued the Circular 05/2014/TT-NHNN dated March 12, 2014 of the State Bank of Vietnam guiding the open and use of indirect investment capital accounts for the implementation of foreign direct investment in Vietnam. This Circular applies to foreign investors who are nonresidents conducting indirect investment activities in Vietnam; organizations and individuals who are related to indirect investment activities in Vietnam, and it does not govern foreign investors being residents who are foreign organizations and individuals.

This Circular points out clearly that all indirect investment activities in Vietnam must be conducted in Vietnam Dong. In case of having demand in remittance of capitals, interests and other lawful incomes from foreign indirect investment activities to foreign countries, the foreign investor may use Vietnam Dong in the capital account of indirect investment to buy foreign currencies at licensed credit institutions and remit to foreign countries. At the

CHANGING THE TIME TO RECEIVE PAYMENT DOCUMENTS
 

In accordance with the Circular No. 32/2014/TT-BTC dated March 11, 2014 of the Ministry of Finance amending and supplementing a number of the Circular No. 85/2011/TT-BTC dated June 17, 2011 of the Ministry of Finance guiding the process of organization and coordination in collection of state budget between the state treasury – the general department of taxation – the general department of customs and commercial banks.

“Cut off time” moment: is the moment that stops transmission, receipt of payment documents in the day in order to compare payment figures in the day between the State Treasury and commercial banks where the State Treasury opened its accounts. “Cut off time” moment as prescribed is 16:00 of a working day. Where it is necessary to extend transactions time of a working day, State Treasuries shall assume the prime responsibility for, and coordinate with commercial banks to unify "cut off time" moment of such a working day”.

Beside above amendments, Specialized receiving accounts of units under the State Treasury at branches of

IT IS PROHIBITED TO IMPORT USED MOTOR VEHICLES OVER 5 YEARS
 

In accordance with the Circular No. 04/2014/TT-BCT of the Ministry of Industry and Trade detailing the implementation of the Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries.

Used automobiles (including passenger cars, cargo trucks, pickup trucks, and specialized cars) may be imported if they have not been used for more than 05 years from the manufacturing year (e.g. only the automobiles manufactured in 2009 and later may be imported in 2014). Other regulations shall be implemented in accordance with the instructions of relevant Ministries.

At the same time, the Circular points out clearly that It is prohibited to import right-hand-drive vehicles (wrong-hand-drive vehicles), including knocked-down kids and those transformed before import to Vietnam, except for the right-hand-drive vehicles that are used within a small area including crane trucks, canal digging machines, road sweeper lorries, spraying lorries, garbage trucks, mobile workshops, airport buses, forklifts, concrete-pump trucks, and golf carts. It is also prohibited to import automobiles and knocked-down kits of which the structures or functions