Legal Document Updates in English (22/2014)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

52/2014/ND-CP

Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities

 

Enterprises engaged in employment service activities must deposit VND 300 million

Page 2

2

21/2014/TT-BTC

Circular No. 21/2014/TT-BTC dated February 14, 2014 of the Ministry of Finance promulgating the Regulation on activities of authorized representatives for state capital invested in enterprises

 

Authorized representatives must possessing at least three years of experience

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

3

16/2014/ND-CP

Decree No. 16/2014/ND-CP dated March 03, 2014 of the Government on management of the balance of international payments of Vietnam

 

Management of the balance of international payments of Vietnam

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

4

20/2014/TT-BTC

Circular No. 20/2014/TT-BTC dated February 12, 2014 of the Ministry of Finance prescribing the import of automobiles and motorcycles as personal effects of overseas Vietnamese who are permitted to register permanent residence in Vietnam

 

Import conditions of automobiles and motorcycles for repatriated overseas Vietnamese citizens

Page 3

SCIENCE – TECHNOLOGY

 

SCIENCE - TECHNOLOGY

 

5

11/2014/ND-CP

Decree No. 11/2014/ND-CP dated February 18, 2014 of the Government on science and technology information activities

 

Red-arrow_n Develop science and technology information activities

Page 3

 

SUMMARY:

 

Ü ENTERPRISE


ENTERPRISES ENGAGED IN EMPLOYMENT SERVICE ACTIVITIES
MUST DEPOSIT VND 300 MILLION
 

In accordance with the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities, enterprises must deposit VND 300 million in a commercial bank where enterprises open its main account to deal with the risks and compensations in the course of operating job service activities of enterprises.

Besides, location of head offices, branches of enterprises must be stable and they must be located for three years or longer; If the offices are under the ownership of person who registers the business registration certificate, the dossier of application for permits must contain all valid papers; If the offices are rented, it must contain the house lease contract with the validity of three years or longer; at the same time, enterprises must have the specialized organizational structure to implement employment service activities must have three officials of collegial or higher degree, who have full civil act capacity and have clear backgrounds.

To satisfy above conditions, permits for employment service activities shall be granted by the provincial/municipal

 

People’s Committees or the Ministry of Labors, Invalid and Social Affairs that is authorized by the provincial/municipal People’s to enterprises. The maximum validity duration of permits is five years.

This Decree also points out that enterprises engaged in employment service activities must fulfill the concluded contracts and commitments with laborers, employers, job trainees and persons who are advised, recommended; strictly complying with the regimes on finance and remittances according to law provisions and compensate for damage caused by contractual breaches; monitor the job conditions of laborers recommended or supplied by enterprises in case of performing seasonal contracts, performing a job under 12 months. For labor contracts of full 12 months or longer, monitoring the job conditions of laborers within 12 months and post the notarized copy of the permits for the employment service activities at the office;

This Decree takes effect on July 15, 2014.


AUTHORIZED REPRESENTATIVES MUST POSSESSING
AT LEAST THREE YEARS OF EXPERIENCE
 

On February 14, 2014, the Ministry of Finance issued the Circular No. 21/2014/TT-BTC promulgating the Regulation on activities of authorized representatives for state capital invested in enterprises.

In particular, the most important contents are regulations are the standards and conditions for authorized representatives. Authorized representatives must satisfy the standards and conditions as: being a Vietnamese citizen permanently residing in Vietnam; having full civil act capacity; possessing good moral qualities and being physically fit for the post; possessing legal knowledge and a sense of law observance; possessing professional university or higher qualifications, ability and practical experience of three or more years in corporate finance management, business and organization of corporate management relevant to the requirements of the post of authorized representative. In foreign-involved enterprises,

 

the representative must have adequate foreign language skills to work directly with foreigners; not being a spouse, parent or adoptive parent, birth or adopted child or natural sibling of a manager or executive of the enterprise with state-contributed capital and of a person competent to decide on authorization of representatives.

In the case that the authorized representatives join in the Board of Directors or Members’ Council or hold the post of general director or director of an enterprise, a representative must satisfy all standards and conditions of such post as prescribed by the Law on Enterprises; the charter of the enterprise; standards of leading and managerial posts as prescribed by the Law on Cadres and Civil Servants for persons appointed to be representatives of enterprises with state-contributed capital.

This Circular takes effect on April 01, 2014

Ü FINANCE - BANKING


MANAGEMENT OF THE BALANCE OF
INTERNATIONAL PAYMENTS OF VIETNAM
 

In accordance with the Decree No. 16/2014/ND-CP dated March 03, 2014 of the Government On management of the balance of international payments of Vietnam, the Ministries of Planning and Investment; Finance; Industry and Trade; Labor, War Invalids and Social Affairs and other individuals and organizations that provide information to serve the formulation, analysis and forecasting of the balance of international payments of Vietnam shall be responsible for making general statistical report on transactions between residents and non-residents over a given period (Balance of international payments of Vietnam.

Types of information provided by ministries include socio-economic development undertakings, policies, plans and strategies of Vietnam in different periods related to import and export of goods, services, labor, attraction of foreign investment, offshore investment; short-, medium- and long-term foreign loan borrowing and repayment, and the implementation of such undertakings, policies, plans and strategies; information required in report forms; other information at the request of the State Bank to serve the

 

formulation, analysis and forecasting of the balance of payments. Besides, information provided by other individuals and organizations at the request of the State Bank and as prescribed in regular or irregular statistical surveys to serve the formulation, analysis and forecasting of the balance of payments.

In September every year, the State Bank shall assume the prime responsibility for, and coordinate with the ministries specified in Clause 2, Article 2 of this Decree in, making forecasts of main items in the balance of payments of the following year, including forecasts for the whole year and forecasts of the quarters to serve the administration of the monetary policy and other macro-economic policies. And in every quarter, the State Bank shall coordinate with the ministries in considering and adjusting balance of payments forecasts to suit the trend and developments of the national economy and the world economy.

This Decree takes effect on April 21, 2014, and replaces the Government’s Decree No. 164/1999/ND-CP of November 16, 1999.

Ü EXPORT - IMPORT


IMPORT CONDITIONS OF AUTOMOBILES AND MOTORCYCLES
FOR REPATRIATED OVERSEAS VIETNAMESE CITIZENS
 

On February 12, 2014, the Ministry of Finance issued the Circular No. 20/2014/TT-BTC prescribing the import of automobiles and motorcycles as personal effects of overseas Vietnamese who are permitted to register permanent residence in Vietnam.

Within that, the most important contents are  the import of automobiles and motorcycles as personal effects of overseas Vietnamese who are Overseas Vietnamese citizens who hold a valid foreign passport or foreign passport substitute and have been permitted to register permanent residence in Vietnam in accordance with current Vietnamese laws and the citizens who hold a Vietnamese passport and permanent residence paper granted by a foreign country and have been permitted to register permanent residence in Vietnam in accordance with current Vietnamese laws. 

Accordingly, imported automobiles must have been registered for circulation for at least 6 months in the country where the overseas Vietnamese citizen resides or works, and have run a distance of at least 10,000 km by the time of arrival at a Vietnamese port. And imported automobiles

 

must satisfy the requirements set in the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing and transit with foreign countries, and in the Ministry of Transport’s Circular No. 31/2011/TT-BGTVT of April 15, 2011, prescribing the inspection of quality, technical safety and environmental protection of imported motor vehicles.

Similarly, the import of motorcycles as personal effects must satisfy some conditions such as motorcycles must be registered for circulation in the country where the overseas Vietnamese citizen resides or works before he/she is permitted to register permanent residence in Vietnam, with the time of permission to register permanent residence in Vietnam determined based on the permanent residence book granted by the police; motorcycles are of types permitted for registration and circulation in Vietnam and imported motorcycles must be within 3 years from the date of manufacture to the date of arrival at a Vietnamese port.

This Circular takes effect on April 1, 2014.

Ü SCIENCE - TECHNOLOGY


DEVELOP SCIENCE AND TECHNOLOGY INFORMATION ACTIVITIES
 

On February 18, 2014, the Government issued the Decree No. 11/2014/ND-CP science and technology information activities, encourage individuals and organizations to cooperate in and finance the formation and development of the national science and technology database.

The national research and training information network is a non-profit private telecommunications network connecting the domestic research and training community and connecting this community with regional and international research and training communities. The national research and training information network must prioritize connections of areas where are concentrated scientific research and

 

technological development institutions and tertiary education institutions. Members of the national research and training information network are scientific research and technological development institutions, tertiary education institutions, national key laboratories, central- and provincial-level hospitals, organizations with the science and technology information function and other organizations.

This Decree takes effect on April 15, 2014 and ceases the Government’s Decree No. 159/2004/ND-CP of August 31, 2004.

 

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