Legal Document Updates in English (21/2017)

TO EXEMPT THE LAND USE LEVY FOR PROJECTS IN AN ECONOMIC ZONE
 

In accordance with the Decree No. 35/2017/ND-CP dated April 03, 2017 of the Government prescribing the collection of land use levy, land rental and water surface rental in economic zones and hi-tech zones, land use levy exemption and reduction are not allowed for projects that are allocated by the State land with land use levy in economic zones to construct commercial houses for sale or for combined sale and lease.

Lessees of land and water surface in economic zones may only enjoy land and water surface rental exemption and reduction after they carry out procedures to request such exemption and reduction under regulations. Land rental shall be exempted for the capital construction period which must not exceed 3 years counting from the date of issuance of the land lease decision by a competent state agency. After the period of capital construction during which land

RENTAL RATES OF INLAND CONTAINER DEPOT INFRASTRUCTURE FACILITIES
MAY BE ADJUSTED  EVERY 5 YEARS
 

This is the content prescribed at the Decree No. 38/2017/ND-CP issued by the Government on April 04, 2017 on construction and operation management of inland container depots; taking effect on July 01, 2017.

In particular, rental rates of inland container depot infrastructure facilities for operation must comply with the law on price. The Minister of Finance shall decide on rental rates of inland container depot infrastructure facilities for operation at the proposal of project owners or agencies approving plans on lease of inland container depot infrastructure facilities for operation. Rental rates may be adjusted once every 5 years; when the inflation rate in Vietnam exceeds 15% a year; other circumstances as proposed by the lessor or lessee and approved by the investment-deciding agency.

Also in accordance with the Decree, a lessee of inland container depot infrastructure for operation must have the legal person status prescribed by law; be financially capable; have adequate staff members for operation management of infrastructure facilities to be leased; have an efficient infrastructure operation plan; offer the highest rental which is not lower than the rental rate stated in the

TO CARRY OUT THE ACCREDITATION EVERY 5 YEARS
 

In accordance with the Circular No. 12/2017/TT-BGDDT dated May 19, 2017 of the Ministry of Education promulgating the regulation on higher education accreditation; the accreditation shall be carried out every 5 years. The process of education accreditation shall be performed according to the following steps: Internal assessment; External assessment; Verification of quality assessment result; Recognition of conformance to education quality standards.

Within that, conditions for the recognition of conformance to education quality standards are that at least one course is completed; an external assessment is carried out and a written request sent to the education accrediting organization for the recognition of conformance to education quality standards is made. If the information of the educational institution must be kept confidential as prescribed by the State, the educational institution shall request that the external assessment result be sent to the authority in charge of directly managing education institution and apply for the certification of meeting education quality standards; and after being verified of the education quality assessment result, the average point of

ENTITIES APPLIED FOR PERMITS OF ACCESS TO GENETIC RESOURCES
 

The Government issued the Decree No. 59/2017/ND-CP dated  May 12, 2017 of the Government on management of access to genetic resources and benefit sharing arising from their utilization.

Within that, the most is important content is the entities shall register and apply for permits: Vietnamese organizations and individuals that seek access to genetic resources for commercial purposes and commercial product development purposes; foreign organizations and individuals that seek access to genetic resources in Vietnam for any purposes; and Vietnamese organizations and individuals that wish to take genetic resources abroad.

The validity period of the permit shall be determined by the permitting authority according to the objective and the plan

CONDITIONS FOR COMMERCIAL OPERATION OF SEAPORTS
 

On April 04, 2017, the Government issued the Decree No. 37/2017/ND-CP on conditions for commercial operation of seaports; port enterprises may commercially operate seaports only after obtaining a certificate of eligibility for commercial operation of seaports; port enterprises shall commercially operate seaports in conformity with announced use purposes and functions of seaports; port enterprises shall maintain all conditions prescribed in this Decree and other relevant laws throughout the period of commercial operation of seaports.

At the same time, enterprises must satisfy all the conditions for commercial operation of seaports such as organizational structure and personnel; physical foundations and equipment; occupational safety and health, fire and explosion prevention and fighting; on environmental protection. Within that, the person in charge of the section managing commercial operation of seaports must possess a university or higher degree in maritime shipping, economics or trade and have at least 5 years’ experience in commercial operation of seaports; enterprises must have