Legal Document Updates in English (18/2011)

SOME NEW POINTS OF THE LAW ON
PROTECTION OF CONSUMER RIGHTS
 

On November 30, 2010, the President issued the Order formally announcing the Law on Protection of Customer Rights (Law) No. 59/2010/QH12 passed by the National Assembly of the Socialist Republic of Vietnam at its 8th session on November 17, 2010.

Compared to previous regulations on protection of consumer rights, this Law includes some advanced and prominent points and what is the most attracted one that Law regulates prohibited behaviors in consumer right protection.

In particular, prohibiting goods or service trader makes deceitful or misleading advertisements or conceal information or provide incomplete, untruthful or inaccurate information; harass consumers through goods or service marketing against consumers’ will for 2 or more times or commits an act that obstructs or affects the normal work or day-to-day activities of consumers; forces consumers.

Besides, in order to overcome disadvantages in the Ordinance on consumer right protection in 1999 on controlling model contracts and general transaction conditions,  the Law requires that A trader of goods or services onthe Prime

Minister’s  list of essential goods and services shall register its model contract and general transaction conditions with a competent state agency in charge of consumer right protection. A competent state agency in charge of consumer right protection may, itself or at the request of consumers, request a goods or service trader to cancel or modify its model contract or general transaction conditions when detecting such contract or conditions infringe upon consumer rights.

The Law also includes 01 Chapter regulating settlement of disputes between consumers and goods and service traders, including negotiation; mediation; arbitration; court. Especially, a consumer is obliged to provide evidence and prove in a civil case to protect his/her legitimate rights and interests under the law on civil procedures, except proving faults of a goods or service trader.

This Law takes effect on July 1, 2011. Ordinance No. 13/1999/PL-UBTVQHQ10 on Consumer Right Protection ceases to be effective on the date this Law takes effect.

PUBLIC EMPLOYEES ARE ALLOWED TO CONTRIBUTED CAPITAL
 

Public employees are allowed to contribute capital to but be disallowed to participate in managing and administering limited liability companies, joint-stock companies, partnerships, cooperatives, and private hospitals, schools or scientific research institutions, unless otherwise provided for by law.

This regulation is clearly stated at the Law on Public Employees No. 58/2010/QH12 passed by the National Assembly on November 15, 2010 and the President of the Socialist Republic of Vietnam signed the Order on November 29, 2010. This Law provides for public employees; rights and obligations of public employees; and recruitment, employment and management of public employees in public non-business units.

Accordingly, public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

Beside rights of public employees in professional activities, rights of public employees to salaries and salary-related regimes and rights of public employees to rest; public employees have the right to do business and work outside prescribed hours including carrying out professional activities after working hours stated in working contracts, unless otherwise provided for by law;  signing with agencies, organizations and units other than their employing public non-business units

piecework contracts which are not banned by law, provided that they accomplish their assigned tasks and obtain consent of the heads of their public non-business units; contributing capital to but be disallowed to participate in managing and administering limited liability companies, joint-stock companies, partnerships, cooperatives, and private hospitals, schools or scientific research institutions, unless otherwise provided for by law.

When terminating working contracts, public employees are entitled to job discontinuation allowance, job loss allowance or social insurance benefits under the labor law and social insurance law.

Public employees who were recruited before July 1, 2003, have the rights and obligations and shall be managed like public employees working under working contracts with an indefinite term provided in this Law. Public non-business units shall complete procedures to ensure the interests, benefits and policies on job stabilization, salary regime and other interests which they are enjoying.  Public employees who are recruited from July 1, 2003, to the effective date of this Law, continue to perform working contracts already signed with their public non-business units, and have the rights and obligations and shall be managed under this Law.

IMPOSE ENVIRONMENTAL PROTECTION TAX ON 8 GOODS GROUPS IN 2012
 

On December 15, 2010, the Office of President held a press conference announcing Order of the President of Socialist Republic of Vietnam on Law No. 57/2010/QH12 on Environmental Protection Tax passed on November 15, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

Accordingly, Law regulates 08 groups imposed environmental protection tax including: Petrol, oil and grease (Petrol, except ethanol, Jet fuel, Diesel oil, Kerosene, Fuel oil, Lubricant, Grease) with tax rate from 1,000 VND – 4,000 VND/liter; Coal with tax rate from 10,000 – 50,000 VND/ton; HCFC solution with tax rate from 1,000 – 5,000 VND/kg;  Taxable plastic bags with tax rate from 30,000-50,000 VND/kg; Herbicides restricted from use with tax rate from 500 – 2,000 VND/kg; Termiticides restricted from use with tax rate from 1,000-3,000 VND/kg and Forest product preservatives restricted from use with tax rate from 1,000-3,000 VND/kg.

Above goods are not subject to environmental protection tax if they are transited or transferred from/to Vietnamese border gates or borders under law, temporarily imported for re-export within the time limit specified by law; exported directly by producers or exported under producers’ entrustment to exporters, except goods bought by organizations, households or individuals for export.

According to the Deputy Minister of the Finance Ministry, Mr. Do Hoang Anh Tuan, the issuance of this Law is to strengthen the environmental protection awareness of the society, state management and implement commitments to international community, encourage social contribution in creating budget for environmental protection.

Law on Environmental Protection Tax includes 4 Chapters and 13 Articles; this Law takes effect on January 1, 2012. The provisions on collection of petrol and oil charges of Ordinance No. 38/2001/PL-UBTVQH10 on Charges and Fees cease to be effective on January 01, 2012

SOME MAJOR CONTENTS OF INSPECTION LAW
 

On November 15, 2010, the National Assembly of the Socialist Republic of Vietnam passed the Law on Inspection No. 56/2010/QH12 on November 15, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

This Law include 7 Chapters, 78 Articles and agencies performing the inspection function  including the Government Inspectorate; Inspectorates of ministries and ministerial-level agencies (below collectively referred to as ministerial inspectorates); Inspectorates of provinces and centrally run cities (below collectively referred to as provincial inspectorates); Inspectorates of provincial-level departments; Inspectorates of rural districts, urban districts, towns and provincial cities (below collectively referred to as district inspectorates).

Agencies assigned to perform the specialized inspection function shall not establish independent inspectorates. Specialized inspection activities shall be conducted by persons assigned to perform the specialized inspection task under this Law and other relevant laws. When conducting inspection, persons assigned to perform the specialized inspection task may sanction administrative violations and perform other tasks and exercise other powers under law.

Besides, this Law defines clearly responsibilities in building inspection program

orientations and inspection plans. By October 15 every year at the latest, the Inspector General shall submit to the Prime Minister for approval inspection program orientations. The Prime Minister shall examine and approve inspection program orientations no later than October 30 every year.  After inspection program orientations are approved, they shall be sent by the Government Inspectorate to ministers and chairpersons of provincial-level People’s Committees. Based on the inspection program orientations, the Inspector General shall elaborate an inspection plan of the Government Inspectorate and guide ministerial inspectorates and provincial inspectorates in elaborating their own inspection plans.

At the same time, by November 15 every year, ministerial chief inspectors, heads of ministries’ agencies assigned to perform the specialized inspection function and provincial chief inspectors shall base themselves on the inspection program orientations, guidance of the Inspector General and management requirements of ministries, their agencies assigned to perform the specialized inspection function and provincial-level People’s Committees to submit inspection plans to heads of state management agencies of the same level for approval.

This Law takes effect on July 1, 2011 and replaces the Law No. 22/2004/QH11 on Inspection dated June 15, 2004.

PILOT IMPLEMENTATION ELECTRONIC CUSTOMS
CLEARANCE FOR SEAGOING VESSELS FROM MAY 15^TH
 

The Prime Minister issued the Decision No. 19/2011/QD-TTg dated March 23, 2011 on pilot implementation of commodities declaration, related documents and electronic customs clearance for seagoing vessels on entrance or exit Vietnam.

Pilot subjects comprise: Vietnamese seagoing vessels, foreign seagoing vessels on entrance or exit; the shipping firms, shipping agencies and logistics companies; The Customs department at border ports or seaports; Marine Port authorities. The Minister of Finance shall decide the selection of specific subjects participating in the pilot performance.

Time and areas for pilot implementation from 2011 to 2012 at the sea ports of Hai Phong city, Da Nang city, Ho Chi Minh City and Ba Ria-Vung Tau province; and in 2012: extending the implementation to seaports in the provinces: Quang Ninh, Quang Ngai, Binh Dinh, Khanh Hoa, and Can Tho city.

The time limit for providing information about the declaration of imported goods, house bill of lading: within 12 hours for seagoing vessels that have journey lasting less than 05 days, not later than 24 hours for seagoing vessels have other journey, before seagoing vessels docked as scheduled time.