Legal Document Updates in English (29/2014)

TAKE THE CONSULTATION OF ORGANIZATIONS REPRESENTING EMPLOYEES
IN THE FORMULATION OF LABOR POLICIES
 

In accordance with the Decree No. 53/2014/ND-CP providing the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues issued by the Government on May 26, 2014, the state management agencies for consultation shall consult organizations representing employees and employers in the process of formulation of labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation. Past the time limit for consultation, state management agencies shall summarize opinions of the organizations representing employees and employers and related agencies and organizations, report on assimilation and explanation of opinions, and submit them to competent agencies for promulgation, or promulgate according to their competence such policies and law. Besides, these agencies also shall consult organizations representing employees and employers in the process of formulation and implementation of programs on coordinated action in prevention and settlement of labor disputes; to assess the implementation of measures for prevention and settlement of labor disputes.

 Within that, the consultation of organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues must comply with law and respect the rights and legitimate interests of employees and employers. And the consultation may be in written consultation; consultation through drafting committees, editorial boards, steering committees and

PAY IN ADVANCE 95% OF THE CONTRACTUAL VALUE PRIOR TO THE HANDOVER OF
COMMERCIAL HOUSES FOR RESETTLEMENT
 

On May 20, 2014, the Ministry of Construction issued the Circular No. 07/2014/TT-BXD guiding a number of contents of the Government’s Decree No. 84/2013/ND-CP of July 25, 2013, providing the development and management of resettlement houses.

In particular, if the house purchaser being a project investor with demand for houses to serve resettlement directly purchases commercial houses for use as resettlement houses, the house purchaser shall sign a commercial house purchase contract with the house seller and pay an amount equal to 95% of the value of the commercial house purchase contract prior to the handover of houses for resettlement; and the house purchaser shall pay the remaining 5% of the contractual value to the house seller after the resettlement households or individuals are granted certificates of house ownership and land use rights and ownership of other land-attached assets.

A 50% REDUCTION OF LAND USE LEVY FOR POOR HOUSEHOLDS
 

This is the Government’s policy at the Decree No. 45/2014/ND-CP dated May 15, 2014 providing the collection of land use levy. Accordingly, a 50% reduction of land use levy for the land area within the allocation quota for residential land is applicable to ethnic minority households and poor households in localities (except for the households in the land use levy exemption) upon issuance of a decision by a competent state agency on land allocation; first-time recognition (grant of certificates) of land use rights for currently used land or upon permission for change from non-residential land to residential land.

This Decree also prescribe the land use levy exemption within the allocation quota for residential land which is used for implementation of housing policies, residential land for people with meritorious services to the revolution who are eligible for land use levy exemption under regulations on people with meritorious services; poor households and ethnic minority households in areas with extremely difficult socio-economic conditions or in border areas or on islands; or land used for construction of social houses under the housing law; or houses for people who have to relocate due to natural disasters; for the land area within the allocation quota for residential land upon first-time grant of certificates for land changed from non-residential land to residential land as a result of separation of households for ethnic

LIBERALIZATION OF CURRENT TRANSACTIONS
 

In accordance with the Decree No. 70/2014/ND-CP dated July 17, 2014 of the Government on detailing a number of articles of the Ordinance on foreign exchange and the Ordinance amending, supplementing a number of Articles of the Ordinance on foreign exchange. All payment transactions and money transfers for current transactions in the Vietnamese territory, between residents and nonresidents are conducted freely in accordance with the provisions of this Decree and relevant provisions of law.

Within that, residents and nonresidents may buy, transfer or carry abroad foreign currencies to meet payment and money transfer demands in current transactions; residents and nonresidents must present documents under regulations of credit institutions upon the purchase, transfer or carrying abroad of foreign currencies in service of current transactions and take responsibility before law for the truthfulness of papers and documents produced to licensed credit institutions. When buying, transferring or carrying

ROAD TOLLS FOR MOTORCYCLES SHALL BE REMITTED INTO LOCAL BUDGETS
FOR INVESTMENT IN RURAL ROADS
 

This is one of important contents prescribed in the Decree No. 56/2014/ND-CP dated May 30, 2014 of the Government amending and supplementing a number of articles of the Government’s Decree No. 18/2012/ND-CP of March 13, 2012, on road maintenance funds.

Accordingly, from August 20, 2014, Road tolls for motorcycles shall be remitted into local budgets for investment in rural roads under the Program on Building of a New Countryside and channeled into local funds. The provincial-level People’s Councils shall elaborate and submit to provincial-level People’s Councils for decision on spending the entire collected toll amount from motorcycles or a certain proportion of the amount to be channeled into local funds to the collected toll amount to be remitted into local budgets for investment in rural roads by commune-level People’s Committees under the Program on Building

GUIDING PROCEDURES FOR MORTGAGE OF HOUSES TO BE FORMED
IN THE FUTURE
 

On April 25, 2014, the Joint-Ministries of Construction, Justice, Natural Resources and Environment and the State Bank of Vietnam issued the Joint Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT guiding procedures for mortgage of houses to be formed in the future under the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the implementation of the Housing Law.

In particular, a future house is only mortgaged at a credit institution when its technical design has been approved, its foundation has been completed, purchase and sale procedures have been completed, a purchase and sale contract has been signed with a real estate trading enterprise in accordance with the housing law or it has been handed over to the purchaser but has not been granted a certificate by a competent state agency in accordance with law; the future house is not distained for enforcement of a judgment or for execution of an administrative decision of a competent state agency, in case it has been handed over to the purchaser but has not been granted a certificate by a competent state agency

AREAS WITH COMPULSORY REGISTRATION FOR THE GROUNDWATER EXTRACTION
 

In accordance with the Joint Circular No. 27/2014/TT-BTNMT dated May 30, 2014 of the Ministry of Natural Resources and Environment on the registration for groundwater extraction, dossier form for issue, extension, modification, re-issue of water resource permit.

Within that, areas with the groundwater level which is lower than the water level lowered as stipulated by People’s Committee of provinces and centrally-affiliated cities; areas with the groundwater level which has been declined for three (03) consecutive years and is at risk of lower than the permissible low water level; areas with land subsidence, deformation of works due to the extraction of groundwater; urban areas and rural residential areas located in limestone areas or in areas with weak soil structure. Based on the characteristics of the aquifers, the current state of extraction and use of groundwater and management requirements of local authorities, the provincial-level People's Committees shall specify the permissibly lowered water level, but not exceeding half the thickness of the aquifer for the unconfined aquifer, and not exceeding the roof of aquifer and not deeper than 50 m from the ground to the confined aquifers.

Also in accordance with this Circular, areas with compulsory registration for the groundwater extraction are areas with land subsidence, deformation of works due to the extraction of groundwater; urban areas and rural residential areas located in limestone areas or in areas with

CHANGE THE ORGANIZATIONAL STRUCTURE OF THE VOICE OF VIETNAM
 

On May 30, 2014, the Government issued the Decree No. 55/2014/ND-CP defining the functions, tasks, powers and organizational structure of the Voice of Vietnam, allow the Voice of Vietnam to organize two more program-producing units: the VOV National Transportation Channel (VOVGT) and the National Assembly Television Channel.

Accordingly, from July 20, 2014, VOV owns 27 attached units; including 06 units assisting the General Director of the Voice of Vietnam (The Department for Editorial Secretariat and Audience; The Organization and Personnel Department; The Planning and Finance Department;  The International Cooperation Department; The Examination Board and the Office) and 21 program-producing units such as The Ethnic Languages Channel (VOV4); The Voice of Vietnam newspaper (VOV newspaper); The Radio Informatics and Technology Center (RITC);…within that, The Services Channel (VOV5) is re-named as The World Services Channel (VOV5); and other name is changed as