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TITLE |
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In This Updates: |
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ENTERPRISE |
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ENTERPRISE |
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1 |
Decree No. 49/2014/ND-CP dated May 20, 2014 of the Government providing the supervision, examination and inspection of state enterprises in the observance of law and owners’ decisions |
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Supervision of state enterprises in the observance of law |
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LAND – HOUSING |
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LAND - HOUSING |
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Decree No. 47/2014/ND-CP dated May 15, 2014 of the Government on compensation, support and resettlement upon land recovery by the State |
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The support for stabilizing production upon land recovery by the State |
Page 2 |
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Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government on detailing a number of articles of the Land Law |
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Conditions for land allocation, land lease for implementing investment projects |
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NATURAL RESOUCES - ENVIRONMENT |
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NATURAL RESOURCES - ENVIRONMENT |
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Decree No. 51/2014/ND-CP dated May 21, 2014 of the Government providing the assignment of given sea areas to organizations and individuals for marine resource exploitation and use |
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Assignment of given sea areas to organizations and individuals for marine resource exploitation |
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INSURANCE |
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INSURANCE |
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Decree No. 68/2014/ND-CP dated July 09, 2014 of the Government on amending, supplementing a number of articles of the Decree No. 45/2007/ND-Cp dated March 27, 2007 of the Government detailing the implementation of a number of articles of the Insurance Business Law |
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Supplement guarantee insurance as the non-life insurance |
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SUMMARY:
Ü ENTERPRISE
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In order to assist state management agencies and owners in detecting weaknesses in business activities of state enterprises; to identify causes and responsibilities of related agencies, organizations and individuals and handle them according to competence or report to competent persons for consideration and handling and promptly detect loopholes and problems in policies, laws and management mechanisms applicable to state enterprises in order to propose solutions to competent state agencies..on May 20, 2014, the Government issued the Decree No. 49/2014/ND-CP providing the supervision, examination and inspection of state enterprises in the observance of law and owners’ decisions. The supervision, examination and inspection of state enterprises shall be implemented in the fields as follows: management and use of state capital and assets; financial regime applicable to and financial supervision of enterprises under the Government’s Decree No. 61/2013/ND-CP of June 25, 2013, and guiding documents; reorganization, renewal, and consolidation of the organization and operation, of enterprises; formulation and implementation of development investment strategies, master plans and plans and production and business plans for enterprises; recruitment, management and employment of laborers; assessment, commendation and disciplining of, and salaries, bonuses and other regimes and policies toward, managers, representatives and laborers of |
enterprises..besides, the supervision, examination and inspection of owners’ decisions concerning implementation of approved production and business strategies and plans and development investment plans; public-utility tasks assigned to enterprises; distribution of profits, and setting up and use of funds; increase or decrease of charter capital; borrowing and provision of (domestic and foreign) loans; capital raising; asset liabilities; purchase and sale of valuable assets (accounting for 50% or more of charter capital or as prescribed in the charter); contribution, holding, increase or decrease of capital of enterprises at other enterprises under approved policies.... Within that, the supervision, examination and inspection must comply with law and ensuring objectivity, accuracy, promptness, publicity and transparency; enhance effective coordination between owners, agencies, organizations and individuals assigned with supervision, examination and inspection tasks and other related agencies, organizations and individuals in supervision, examination and inspection work; not impede normal operation of enterprises subjected to supervision, examination and inspection and other related entities and ensure no overlap in the scope, contents, subjects and time frames of examinations and inspections conducted by competent agencies, organizations and persons. This Decree takes effect on July 10, 2014. |
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Ü LAND - HOUSING
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On May 15, 2014, the Government issued the Decree No. 47/2014/ND-CP on compensation, support and resettlement upon land recovery by the State, within that the most important content is the support for stabilization of livelihood and production upon land recovery by the State. Accordingly, economic organizations, households and individuals engaged in production and business and foreign-invested enterprises are entitled to support in money for stabilizing production which does not exceed 30% of the after-tax income of one year being the average of the last three years. Upon land recovery by the State, households and individuals currently using land received through contractual allocation for use for agricultural, forestry or aquaculture purposes (excluding land for special-use forests and protection forests) from state-owned agricultural or forest farms who are members of these farms currently working or having retired, stopped working due to loss of working capacity or been laid off on allowance and are directly engaged in agricultural production and earn stable incomes from agricultural production on such land shall be entitled to support for stabilization of livelihood and production. In particular, if between 30% and 70% of the area of agricultural land is recovered, |
support shall be provided for 6 months in case relocation is not required, and for 12 months in case relocation is required. The period of support may be up to 24 months in case of relocation to localities with difficult or extremely difficult socio-economic conditions. If over 70% of the area of agricultural land is recovered, support shall be provided for 12 months if relocation is not required and for 24 months if relocation is required. The period of support may be up to 36 months in case of relocation to localities with difficult or extremely difficult socio-economic conditions; And the level of support per registered household member shall be calculated in money equivalent to 30 kilos of rice a month at the average local price at the time of support. Economic organizations, households and individuals engaged in production and business and foreign-invested enterprises are entitled to support in money for stabilizing production which does not exceed 30% of the after-tax income of one year being the average of the last three years. This Decree takes effect on July 1, 2014 and replaces the Government’s Decree No. 197/2004/ND-CP dated December 03, 2004. |
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In accordance with the Decree No. 43/2014/ND-CP detailing a number of articles of the Land Law issued by the Government on May 15, 2014, the allocated or leased land by the State or permitted by the State to change land use purpose to implement investment projects must satisfy some conditions on the projects using land and financial capacity to ensure the land use according to the investment project’s schedule. In particular, investment projects to build houses for sale or lease or both sale and lease in accordance with the housing law; investment projects to deal in real estate associated with land use rights in accordance with the law on real estate business and production or business projects not funded by the state budget. The condition of financial capacity to ensure the land use according to the investment project’s schedule is prescribed as having own capital for implementation of the project equal to at least 20% of the total investment, for projects using less than 20 hectares of land; or to at least 15% of the total investment, for projects using 20 hectares of land or more and being able to raise capital for implementation of the project from credit institutions, foreign bank branches and other organizations and individuals. |
Besides, the Decree also details the point of time for counting the land use term extension of 24 months in case land is not put to use or the land use schedule is late. In case an investment project fails to put land into use for 12 consecutive months after receiving land handed over in the field, the investor may extend the land use term for 24 months counted from the 13th month since the land handover. And in case the land use schedule of an investment project is 24 months late compared with the schedule stated in the project documents since the land handover in the field, the point of time for counting the land use term extension of 24 months is the 25th month since the planned time of completion of construction investment. Provincial-level People’s Committees shall review, handle and publicize on their websites investment projects that have failed to put land into use for 12 consecutive months or have land use schedules 24 months late compared with those stated in project documents; projects that have their land use terms extended; and projects that have late land use schedules due to force majeure circumstances; and provide information to be publicized on the websites of the Ministry of Natural Resources and Environment and the General Department of Land Administration. |
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Ü NATURAL RESOURCES - ENVIRONMENT
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On May 21, 2014, the Government issued the Decree No. 51/2014/ND-CP providing the assignment of given sea areas to organizations and individuals for marine resource exploitation and use with the maximum duration is 30 years. The maximum sea area assignment duration can be extended for many times, but the total extension duration must not exceed 20 years and must satisfy below conditions to get the consideration such as The investment certificates, marine resource exploitation or use permits or decisions have been extended by competent state management agencies; organizations or individuals use the sea areas for the proper purposes; fully observe regulations on marine environment protection; by the time of proposing the extension, organizations or individuals have fulfilled their financial obligations as provided by law; and the organizations or individuals that demand the sea area assignment duration extension must submit complete dossiers to the dossier-receiving agencies when the sea area assignment decisions remain valid for at least 60 days. Organizations and individuals that are assigned sea areas for marine resource exploitation and use shall pay the sea |
area use levy under law. The sea area use levy is determined on the basis of the sea acreages permitted for use, the sea area use duration and types of marine resource allowed for exploitation or use. Besides, the Decree also details some prohibited acts as abusing the use of sea areas to affect national defense or security, national interests, legitimate rights and interests of other organizations and individuals; exploiting or using marine resources without being assigned sea areas by competent state management agencies or authorities; using sea areas for improper purposes; encroaching upon, occupying the sea, destroying the marine environment; violating the sea use master plans and plans already approved by competent authorities and obstructing activities of basic surveys, scientific research of marine resources and environment; activities of marine navigation, lawful marine resource exploitation and use permitted by competent state management agencies in the assigned sea areas and other lawful activities on the sea as provided by law…. This Decree takes effect on July 15, 2014. |
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Ü INSURANCE
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On July 09, 2014, the Government issued the Decree No. 68/2014/ND-CP amending, supplementing a number of articles of the Decree No. 45/2007/ND-Cp dated March 27, 2007 of the Government detailing the implementation of a number of articles of the Insurance Business Law. Guarantee insurance is business insurance activity that insurance enterprise and branches of foreign non-life insurance accept the risks of persons being guaranteed if the guaranteed parties pay insurance fee for insurance enterprise, branches of foreign non-life insurance to fulfill |
obligations on behalf of guaranteed parties if the guaranteed parties fail to fulfill its obligations. The guaranteed parties receive debt and return to insurance enterprise, branches of foreign non-life insurance as agreed in the contract. Parties may negotiate on the fact that insurance enterprise and branches of foreign non-life insurance only perform their obligations only when the guaranteed parties are impossible to fulfill its obligations. This Decision takes effect on August 25, 2014. |
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