Legal Document Updates in English (18/2016)

* 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: www.english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE - BANKING

1

05/2016/TT-NHNN

Circular No. 05/2016/TT-NHNN dated April 15, 2016 of the State Bank of Vietnam on amending and supplement a number Articles of the Circular No. 03/2016/TT-NHNN by the Governor of the State Bank on guidelines for certain details of the management of foreign exchange with regard to enterprises’ foreign borrowings and repayment

 

* Repayment of short-term foreign loans granted by deferral of payment for imported goods

Page 2

INVESTMENT

 

INVESTMENT

2

16/2016/ND-CP

Decree No. 16/2016/ND-CP dated March 16, 2016 of the Government on management and use of official development assistance (ODA) and concessional loans of foreign donors

 

* Priority fields for ODA and concessional loan use

Page 2

TRANSPORTATION

 

TRANSPORTATION

3

326/QD-TTg


Decision No. 326/QD-TTg dated March 01, 2016 of the Prime Minister guiding the implementation of tax provisions applicable to organizations and individuals conducting petroleum prospecting, exploration and exploitation activities in accordance with the Petroleum Law

 

* Development of Vietnam’s expressway network

Page 2

ADMINISTRATIVE

 

ADMINISTRATIVE

4

21/NQ-CP

Resolution No. 21/NQ-CP dated March 21, 2016 of the Government on decentralization of state management between the Government and People’s Committees of provinces and centrally run cities

 

* 05 fields provided decentralization of state management in the period 2016 – 2020

Page 3

5

17/2016/ND-CP

Decree No. 17/2016/ND-CP dated March 17, 2016 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures

 

* Priority fields for ODA and concessional loan use

Page 3

 

 

SUMMARY:

 

Ü  FINANCE - BANKING


REPAYMENT OF SHORT-TERM FOREIGN LOANS GRANTED BY DEFERRAL
OF PAYMENT FOR IMPORTED GOODS
 

On April 15, 2016, the State Bank of Vietnam issued the Circular No. 05/2016/TT-NHNN dated April 15, 2016 of the State Bank of Vietnam on amending and supplement a number Articles of the Circular No. 03/2016/TT-NHNN by the Governor of the State Bank on guidelines for certain details of the management of foreign exchange with regard to enterprises’ foreign borrowings and repayment.

Within that, the important content is that when transferring repayments on the principal and interest of a foreign loan granted by deferral of payment for imported goods, a borrower shall be responsible for presenting documents and papers as requested by the bank providing account services. Repayment of short-term foreign loans granted by deferral of payment for imported goods.

Besides, the date of disbursement of foreign loan granted by deferral of payment for imported goods shall be the ninetieth day from the date that transport documents are

 

issued if the bank providing account services requires transport documents included in the payment documents; the forty-fifth day from the date that the examination of information in the cleared customs declaration if the bank providing account services does not require transport documents included in the payment documents.

Also in accordance with this Circular, borrowers can utilize the account for direct investment or an account for foreign borrowings and repayment (as distinct from the account for direct investment) to process receipts and spending related to foreign borrowings. Each short-term foreign borrowing shall only be processed through 01 (one) bank that provides account services. Borrowers can utilize 01 (one) account for 01 (one) or various short-term foreign borrowings.

This Circular takes effect on April 15, 2016.

Ü INVESTMENT


PRIORITY FIELDS FOR ODA AND CONCESSIONAL LOAN USE
 

On March 16, 2016, the Government issued the Decree No. 16/2016/ND-CP on management and use of official development assistance (ODA) and concessional loans of foreign donors.

Another important contents in this Decree are regulations on priority fields for ODA and concessional loan use such as support for implementation of socio-economic infrastructure projects; support for research and formulation of socio-economic development policies and strengthening of state management institutions; support for human resources development; scientific research and technology development; support for environmental protection, climate change response and green growth; use as investment funds of the State for the implementation of projects in the form of public-private partnership (PPP) and other priority fields as decided by the Prime Minister.

 

For program and project management, investment deciders shall establishing a specialized or regional project management unit to manage programs and projects and project components in the same specialized sector or implemented in a locality in the same region. However, cases not requiring establishment of a project management unit that the investment decider may decide not to establish a project management unit for technical assistance programs or projects funded by non-refundable ODA totaling less than USD 200,000; investment programs or projects funded by non-refundable ODA totaling less than USD 350,000 and regional programs and projects, sector-wide approach programs, budget support and non-project aid…

This Decree takes effect on May 2, 2016, and replaces the Government’s Decree No. 38/2013/ND-CP of April 23, 2013.

Ü TRANSPORTATION


DEVELOPMENT OF VIETNAM’S EXPRESSWAY NETWORK
 

On March 01, 2016, the Prime Minister signed the Decision No. 326/QD-TTg approving the master plan on development of Vietnam’s expressway network through 2020, with orientations toward 2030; to rapidly form the national expressway network, ensuring linkage between key economic centers, major border gates and important traffic hubs with great demand for high-speed transport. To focus on the building of the North-South expressway with priority given to routes linked to big cities (Hanoi, Ho Chi Minh City and Da Nang city) and routes to big seaports.

Accordingly, based on transport demand forecasts, national socio-economic development orientations through 2030, economic development orientations of 4 key economic regions, and the strategy for transport development through 2020, with orientations toward 2030, the master plan sets up Vietnam’s expressway network consisting of 21 routes with a total length of 6,411 km, the North-South expressway consist of 2 routes with a total length of around 3,083 km, including the eastern North-South route of a total length of

 

1,814 km and the western North-South route of a total length of 1,269 km. The expressway system in the northern region consists of 14 radial routes linked with Hanoi capital with a total length of 1,368 km, including Hanoi-Bac Giang-Lang Son expressway, 143 km long; Hanoi-Hai Phong expressway, 105 km long; Hanoi-Viet Tri (Phu Tho province)-Lao Cai expressway, 264 km long; Hanoi-Thai Nguyen expressway, 62 km long; Thai Nguyen-Cho Moi (Bac Kan province)-Bac Kan expressway, 43 km long;  Lang (Hanoi)-Hoa Lac (Hanoi) expressway, 30 km long…

The total land area for building of expressways under the master plan is around 42,043 ha, of which the land area occupied by existing expressways and expressways under construction is around 8,688 ha and the land area to be additionally used is 33,355 ha (including around 16,402 ha of agricultural land).

This Decision takes effect on the date of its signing, and replaces the Prime Minister’s Decision No.1734/QD-TTg of December 01, 2008.

Ü ADMINISTRATIVE


05 FIELDS PROVIDED DECENTRALIZATION OF STATE MANAGEMENT
IN THE PERIOD 2016 – 2020

 

On March 21, 2016, the Government issued the Resolution No. 21/NQ-CP on decentralization of state management between the Government and People’s Committees of provinces and centrally run cities, with the objectives to raise effectiveness and efficiency of state management of sectors and fields on the basis of reasonable and clear decentralization of tasks, powers and responsibilities among the Government, the Prime Minister, ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities, ensuring the unified management of the Government and promoting the initiative, responsibility and creativity of local administrations.

This Resolution prescribes the fields of focused decentralization of state management in the 2016-2020 period, including state budget management; exercise of rights and performance of obligations of the state owner

 

toward state enterprises and state capital invested in enterprises; investment management; management of official duties, cadres, civil servants and public employees; land administration;

Within that, in the Investment management (for investment from the state budget and government bonds): To improve the decentralization of public investment management on the basis of ensuring the centralized and unified management of master plans, mechanisms and policies and proactive balance of resources, putting an end to thinned-out and scattered investment in order to raise effectiveness and efficiency of public investment management and use according to the objectives and orientations of national socio-economic development strategies and plans; to prevent loss and waste; to ensure publicity and transparency in public investment management…


TO SUPPLEMENT THE CASE FOR PROVIDING THE MEASURES OF CUSTODY
OF VIOLATORS TO ADMINISTRATIVE PROCEDURES

 

On March 17, 2016, the Government issued the Decree No. 17/2016/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures.

Within that, the most important contents is for providing the measures of custody of violators to administrative procedures. Accordingly, from May 02, 2016, custody of a person according to administrative procedures may only be applied when it is necessary to prevent and stop the acts

 

such as disturbing public order; inflicting injury on other persons. When it is necessary to prevent and stop acts of smuggling or illegal cross-border transportation of goods in the following cases where violators show signs of escape or destruction of material evidence and means of violation, obstructing the handling of violations such as importing or exporting goods banned or suspended from export or import ; importing or exporting goods on the list of goods subject to conditional import or export without an export or import permit or paper granted by a competent agency in accordance with regulations accompanying the goods..

This Decree takes effect on May 2, 2016.

 

 

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: 04.37833688 (Ext 518) - Fax: 04.37833699
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
                       Tel: (
08) 399 507 24 - Fax: (08) 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.

Rate:
(0 rated)
For further support, please call 19006192

SAME CATEGORY

See more