Legal Document Updates in English (24/2015)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

15/2015/TT-BTTTT

Circular No. 15/2015/TT-BTTTT dated June 15, 2015 of the Ministry of Information and Communications on amending a number of articles of the Circular No. 18/2012/TT-BTTTT dated November 15, 2012 of the Ministry of Information and Communications on list of telecommunications enterprises, group of telecommunications enterprises with dominant position on market for the important telecommunication services

 

Viettel Group has dominant position on Land mobile information services

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

2

89/2015/TT-BTC

Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance guiding warehouse, delivery, purchasing and selling of national reserve commodities

 

Prepay up to 15% when sign up the auction of national reserve commodities

Page 2

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

3

55/2015/ND-CP

Decree No. 55/2015/ND-CP dated June 09, 2015 of the Government on credit policies for agricultural and rural development

 

Agricultural production may borrow a loan without collateral to VND 3 billion

Page 2

ADMINISTRATIVE

 

ADMINISTRATIVE

4

57/2015/ND-CP

Decree No. 57/2015/ND-CP dated June 16, 2015 of the Government amending a number of articles of the Decree No. 152/2013/ND-CP of November 4, 2013, on management of motor vehicles brought into Vietnam by foreign tourists

 

Foreigners allowed to brought drive caravans into Vietnam

Page 3

EXIT – ENTRY

 

EXIT - ENTRY

5

46/Q-CP

Resolution No. 46/NQ-CP dated June 18, 2015 of on time-limited visa-free entry for citizens of The Kingdom of England, The French Republic, The Federal Republic of Germany, The Kingdom of Spain and The Italian Republic

 

Free on time-limited visa entry for citizens of 5 European countries

Page 3

 

SUMMARY:

 

Ü ENTERPRISE


VIETTEL GROUP HAS DOMINANT POSITION ON LAND MOBILE INFORMATION SERVICES
 

On June 15, 2015, the Ministry of Information and Communications issued the Circular No. 15/2015/TT-BTTTT amending a number of articles of the Circular No. 18/2012/TT-BTTTT dated November 15, 2012 of the Ministry of Information and Communications on list of telecommunications enterprises, group of telecommunications enterprises with dominant position on market for the important telecommunication services.

In accordance with the regulations in this Circular, from June 15, 2015, the Viettel Group is the Dominant

 

telecommunication enterprise of land mobile information services including phone service, messaging service, internet access services.

Previously, in accordance with the Circular No. 18/2012/TT-BTTTT dated November 15, 2012, there are 3 enterprises including Viettel Group; Vietnam Mobile Telecom Services Company (VMS) and Vietnam Posts and Telecommunications Group (VNPT) take the dominant position on market dominant position on market.

This Circular takes effect on June 15, 2015.

Ü EXPORT - IMPORT


PREPAY UP TO 15% WHEN SIGN UP THE AUCTION OF NATIONAL RESERVE COMMODITIES
 

In accordance with the Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance guiding warehouse, delivery, purchasing and selling of national reserve commodities, persons who sign up the auction shall be provided with information, documents related to commodities to be auctioned; must pay for the fee of signing up the auction as stipulated by the law on charges and fees and an amount of money prepaid for professional auction organizations before the auction happens.

Instead of 7% of the prepaid amount of the money as in previous regulations, the prepaid amount of money shall be negotiated between the professional auction organization and person who sell the auctioned asset but it shouldn’t be at minimum of 1% and at maximum of 15% of starting price of auctioned assets (don’t pay interest in the time of deposit). In the case that person who sign up the auction

 

are more than auctioned national assets, the prepaid amount of money must be equal to the prepaid money of units attended the auction.

Accordingly, national reserve units must publish information on selecting professional auction organizations on media right after the auction plan is approved. Notification must be done at least twice. If commodities cannot be sold after two unsuccessful auctions, the price for public direct sale to all subjects must not be lower than the starting price of the auction. Paddy, vaccines, germicide chemicals, plant protection drugs, plant seeds and white salt can on public direct sale to all subjects. National reserve commodities to serve defense and security can be put on designated sale only for defense and security purposes.

This Circular takes effect on August 01, 2015.

Ü ECONOMIC – SOCIAL POLICIES


AGRICULTURAL PRODUCTION MAY BORROW A LOAN
WITHOUT COLLATERAL TO VND 3 BILLION
 

In accordance with the Decree No. 55/2015/ND-CP dated June 09, 2015 of the Government on credit policies for agricultural and rural development, organizations and individuals that may borrow loans including individuals and households residing in rural areas or engaged in production and business activities in the field of agriculture; business households operating in rural areas; farm owners; cooperative groups, cooperatives and unions of cooperatives located in rural areas or engaged in production and business activities in the field of agriculture; enterprises conducting production and business activities in rural areas( except real estate enterprises, mining enterprises, hydropower and thermo-power plants…) Credit institutions may consider providing loans to clients with or without collateral in accordance with law.

Within that, the a loan without collateral from credit institutions, which must not exceed VND 50 million, for individuals and households residing outside rural areas and engaged in production and business activities in the field of agriculture, VND 100 million, for individuals and households residing in rural areas; and individuals and households residing outside rural areas and having agricultural production linkage with cooperatives or enterprises; VND 200 million, for individuals and households planting industrial trees and perennial fruit trees; VND 300 million, for cooperative groups and business households; VND 500 million, for aquaculture households and offshore fishing 

 

households signing product sale contracts with direct processing and exporting organizations and VND 3 billion, for unions of aquaculture or offshore fishing or offshore fishing service cooperatives.

Clients eligible to borrow loans without collateral as prescribed in Clause 2 of this Article shall submit to credit institutions a land use rights certificate (for those possessing this certificate) or a commune-level People’s Committee’s written certification that they have not yet been granted a land use rights certificate and that the land is dispute-free.

Credit institutions and clients shall reach agreement on loan terms and duration of credit limit maintenance for clients based on production and business cycles, capital recovery duration of production and business projects or plans, and payment ability of clients and loan-funding sources of credit institutions. If clients cannot pay debts on schedule due to an objective or force majeure circumstance, credit institutions may consider debt rescheduling and keeping unchanged debt categories for clients, and at the same time, based on the feasibility of production and business projects or plans and debt payment ability of clients, consider providing new loans with a view to helping clients overcome difficulties, stabilize production and pay both old and new debts.

This Decree takes effect on July 25, 2015.

Ü ADMINISTRATIVE


FOREIGNERS ALLOWED TO BROUGHT DRIVE CARAVANS INTO VIETNAM
 

On June 16, 2015, the Government issued the Decree No. 57/2015/ND-CP amending a number of articles of the Decree No. 152/2013/ND-CP of November 4, 2013, on management of motor vehicles brought into Vietnam by foreign tourists.

Firstly, the Decree has supplement the left-hand drive caravans to the objectives allowed to be brought into Vietnam by foreign tourists beside left-hand drive automobiles for the transport of up to 9 persons, and motorbikes as in previous regulations.

At the same time, the Decree also shorten t he time for approving the foreign motor vehicle to on public roads in Vietnam. In particular, not later than 03 working days from

 

the day on which the satisfactory application specified in Clause 1 of this Article is received, the Ministry of Transport shall issue a written permission for the use of the foreign motor vehicle to on public roads in Vietnam. The written permission shall be sent to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Border Guard High Command and relevant People’s Committees of provinces for cooperation in management. If the application is rejected, a written response shall be sent within 03 working days containing the explanation.

This Decree takes effect on August 01, 2015.

Ü EXIT - ENTRY


FREE ON TIME-LIMITED VISA ENTRY FOR CITIZENS OF 5 EUROPEAN COUNTRIES
 

On June 18, 2015, the Government issued the Resolution No. 46/Q-CP dated June 18, 2015 of on time-limited visa-free entry for citizens of The Kingdom of England, The French Republic, The Federal Republic of Germany, The Kingdom of Spain and The Italian Republic.

In accordance with regulations in this Resolution, Visa-free entry is granted for any citizens of the Kingdom of England, the French Republic, the Federal Republic of Germany, the Kingdom of Spain and the Italian Republic who enters Vietnam with temporary residence duration not exceeding

 

15 days from the date of entry, regardless of passport types or entry purposes, supposed that he/she comply with the provisions of Vietnamese laws.

The policy on visa-free entry for citizens of the countries specified in Article 1 who enter Vietnam shall be applicable within 01 year, from July 01, 2015 to June 30, 2016. Extension of this period shall be considered according to the provisions of Vietnamese laws.

This Resolution takes effect on the signing date.

 

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