Legal Document Updates in English (17/2017)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

07/2017/QD-TTg

Decision No. 07/2017/QD-TTg dated March 27, 2017 of the Prime Minister on non-stop electronic toll collection

 

* Regulations on non-stop electronic toll collection

Page 2

SECURITIES

 

SECURITIES

2

23/2017/TT-BTC


Circular No. 23/2017/TT-BTC dated March 16, 2017 of the Ministry of Finance on revising and supplementing a number of articles of the Circular No. 11/2016/TT-BTC dated January 19, 2016 on instructions for certain articles of the Government's Decree No. 42/2015/ND-CP dated May 5, 2015 on derivative securities and derivatives exchanges

 

* Regulations on derivative securities

Page 2

EDUCATION – TRAINING - VOCATION

 

EDUCATION – TRAINING - VOCATION

3

09/2017/TT-BGDDT

Circular No. 09/2017/TT-BGDDT dated April 4, 2017 of the Ministry of Education and Training on prescribing requirements, processes and procedures for opening of academic disciplines or majors, suspension or cancellation of enrolment, revocation of decision on opening of disciplines or majors at the master’s or doctoral level

 

* Conditions on training at the master level

Page 2

4

08/2017/TT-BGDDT

Circular No. 08/2017/TT-BGDDT dated April 4, 2017 of the Ministry of Education and Training on introducing regulations on doctoral enrolment and training

 

* Changing conditions on doctoral enrolment and training

Page 3

ADMINISTRATIVE VIOLATIONS

 

ADMINISTRATIVE VIOLATIONS

5

33/2017/ND-CP


Decree No. 33/2017/ND-CP dated April 03, 2017 of the Government on penalties for administrative violations against regulations on water and mineral resources

 

* To fine VND 250 million for discharging wastewater into water bodies without licenses

Page 3

 

SUMMARY:

 

Ü  FINANCE - BANKING   


REGULATIONS ON NON-STOP ELECTRONIC TOLL COLLECTION
 

Decision No.  07/2017/QD-TTg on non-stop electronic toll collection issued by the Prime Minister on March 27, 2017 of the Prime Minister; takes effect on May 15, 2017.

This Decision points out that a vehicle subject to tolls shall be affixed to with a tag in conformity with standards for passive radio frequency identification for wireless link; the tag shall be affixed by a motor vehicle registration or an agency authorized by the toll service provider and a vehicle user is exempt from the expense associated with tag affixture for the first installation. If the tag is lost or damaged, the vehicle user shall, at his/her cost, have a new tag affixed to the vehicle, except for objective causes or technical defects.

A toll service provider shall open a prepaid account for a vehicle user in the toll collection system upon the first installation of a tag. Each prepaid account may be used for paying tolls for multiple vehicles, but each vehicle’s toll is

 

paid solely from an prepaid account. A vehicle user will credit an amount of money to a prepaid account for making toll payments by making wire transfer or use payment services of the bank; use scratch cards to credit money via phone messages or website of a toll service provider; pay cash at an agency authorized by a toll service provider; make payments through a payment intermediary….

If a prepaid account linked to a tag which is affixed to a vehicle going through a non-stop toll plaza is not enough to pay an toll amount, the toll service provider shall debit such amount from the account and give a notice to the vehicle user. The vehicle user must credit an amount to the prepaid account for abovementioned payment within 10 days from the date of receipt. If the vehicle user fails to credit amount for the payment upon expiration of the deadline, the toll service provider will refuse to provide services for such vehicle…

Ü  SECURITIES


REGULATIONS ON DERIVATIVE SECURITIES
 

On March 16, 2017, the Ministry of Finance issued the Circular No. 23/2017/TT-BTC dated  March 16, 2017 of the Ministry of Finance on revising and supplementing a number of articles of the Circular No. 11/2016/TT-BTC dated January 19, 2016 on instructions for certain articles of the Government's Decree No. 42/2015/ND-CP dated May 5, 2015 on derivative securities and derivatives exchanges.

This Circular implements that the investor may open an general transaction account when  the fund management company referred to in Clause 2 of this Article is allowed to open one (01) general transaction account held in the name of the domestic entrusting investor and one (01) general transaction account held in the name of the foreign entrusting investor; a securities enterprise established in overseas countries allowed to open one (01) general transaction account to act on behalf of the foreign investor

 

 

to perform derivatives brokerage activities; other situations that may occur are subject to instructions given by the VSD.

The investor's position on the trading account must be within the position limit according to the rules of VSD. In case the position limit is exceeded, the investor shall conduct matched sale-purchase transactions to reduce his position or provide additional margins (in case of need) within the period regulated by VSD.

After the stated period, the investor fails to reduce its position, the clearing member may perform matched transactions to contribute a portion or all of its positions. In case where the clearing member fails to perform matched transactions to close its position, VSD shall be allowed to perform matched transactions to close part or all of the investor's position held in the name of the clearing member.

This Circular takes effect on May 01, 2017

Ü  EDUCATION – TRAINING - VOCATION


CONDITIONS ON TRAINING AT THE MASTER LEVEL
 

On April 04,2017, the Ministry of Education and Training issued the Circular No. 09/2017/TT-BGDDT on prescribing requirements, processes and procedures for opening of academic disciplines or majors, suspension or cancellation of enrolment, revocation of decision on opening of disciplines or majors at the master’s or doctoral level.

This Circular points out clearly that universities, academies and higher education shall be licensed to open master's-level majors only if satisfying the following requirements: these new proposed majors are tailored to learners' demands and workforce requirements to match the local, regional and nationwide socio-economic development needs; the proposed majors must be defined in the Fourth-level Classification of Education …Have a staff of at least five (5) tenured lecturers who hold the title of professor, associate professor, Doctor of Philosophy and doctorate degree in majors the same as or similar to the proposed majors and are not in the list of tenured lecturers that serves as the eligibility requirement for opening of master’s-level sub-majors belonging to other majors…; These master's-level training institutions must provide facilities, instruments, libraries and teaching materials that meet training requirements of proposed majors at the master’s level.

 

The training institution shall be subjected to the revocation of the decision to approve opening of majors at the master’s and doctoral level issued by Ministry of Education and Training when one of the following circumstances occurs there is any fraudulent act in applying for approval of opening of majors at the master’s and doctoral level; there is any serious violation against regulations on enrolment, management and organization of the training process; by the deadline for enrolment, causes for such suspension have not yet been corrected; it has committed any offence against laws and regulations on education that is subject to revocation of the decision to approve opening of majors imposed as an administrative penalty; The decision on revocation of the decision to approve the master’s- and doctoral-level training must specify clear reasons for such revocation, specific measures to protect rights and benefits of lecturers and master’s and doctorate degree students; must be published on the website of the Ministry of Education and Training.

This Circular takes effect on May 19, 2017; replace the Circular No. 38/2010/TT-BGDDT dated October 22, 2010.


CHANGING CONDITIONS ON DOCTORAL ENROLMENT AND TRAINING
 

This is one of the important content prescribed at the Regulations on Doctoral Enrolment and Training issued on April 04, 2017 at the Circular No. 08/2017/TT-BGDDT.

In particular, from May 18, 2017, in order to be eligible for enrolling in doctoral degree programs, a doctoral student must meet the following requirements: hold at least an undergraduate degree with the excellent grade or a master's degree; be an author of 01 peer-reviewed journal article, paper or presentation relating to an intended research field which is published on the academic journal, or proceedings of seminar or specialized workshops 03 years (36 months) till the date of submission of application for enrolment.  If the doctoral student is a Vietnamese national, (s)he must hold one of the language qualifications or certificates as a proof of his/her foreign language competence, including undergraduate degree or master’s degree issued by an overseas institution to full-time learners in a visiting country where they have to use English or another language during their learning period;

 

undergraduate degree in foreign language majors issued by a Vietnamese institution; at least Level-45 TOEFL iBT certificate or at least Level-5.0 IELTS certificate (Academic test) issued by a internationally or locally-accredited testing organization 02 years (24 months) till the date of submission of application for enrolment…

Another important content is that, from May 18, 2017, doctoral training program shall be designed, assessed and released at the discretion of institutions that the minimum number of credits required for doctoral students that have achieved master’s degrees and bachelor's degrees is 90 and 120 respectively. Besides, the Circular also allows the annual enrolment frequency: 01 or multiple. Enrolment announcement shall be published on the website of a institution and by other means of mass media at least 03 months before the date of admission or admission test.

This Circular takes effect on May 18, 2017

Ü  ADMINISTRATIVE VIOLATIONS


PREFERENTIAL POLICIES APPLICABLE TO INDIVIDUALS ENGAGING
IN EMERGENCY EVENTS AND SAR

 

In accordance with the Decree No. 33/2017/ND-CP dated April 03, 2017 of the Government on penalties for administrative violations against regulations on water and mineral resources; the fines for discharging wastewater into water bodies without licenses are between VND 20 – 250 million.

In particular, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharge of wastewater containing toxic chemicals and/or radioactive substances into water bodies with a discharged wastewater volume of less than 5 m3/24 hours. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the violations such as discharge of wastewater into water bodies with a discharged wastewater volume of between 5 m3/24 hours and 50 m3/24 hours; discharge of aquaculture wastewater into water bodies with a discharged wastewater volume of between 10,000 m3/24 hours and 30,000 m3/24 hours; a fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging of aquaculture wastewater into water bodies with a discharged wastewater volume of 200,000 m3/24 hours or more…

 

A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for transfer of right to extract water without the consent given by the licensing authority; Fines shall be imposed for transfer or receipt of transfer of mineral extraction rights without obtaining a written approval from the authorized licensing authority; a fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for the extraction of minerals licensed by the Provincial-level People’s Committee; a fine ranging from VND 260,000,000 to VND 300,000,000 shall be imposed for the extraction of minerals licensed by the Ministry of Natural Resources and Environment.

Also in accordance with this Decree, fines shall be imposed for failure to carry out the registration of the commencement of mine fundamental construction; or failure to carry out the registration of the commencement of extraction activities with the licensing authority. A fine ranging from VND 20,000,000 to VND 30,000,000 if the license is issued by the Provincial-level People’s Committee; and a fine ranging from VND 30,000,000 to VND 50,000,000 if the license is issued by Ministry of Natural Resources and Environment.

This Decree takes effect on May 20, 2017.

 

 

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