Legal Document Updates in English (29/2017)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR – SALARY

1

76/2017/ND-CP


Decree No. 76/2017/ND-CP dated June 30, 2017 of the Government on amending the pensions, social insurance benefits and monthly benefits

 

* From July 01, to increase pensions, social insurance benefits by 7.44%

Page 2

FINANCE - BANKING

 

FINANCE – BANKING

2

67/2017/TT-BTC


Circular No. 67/2017/TT-BTC dated June 30, 2017 of the Ministry of Finance guiding the determination of funding demand and source and methods of payment for adjustment of the statutory pay rate under the Government’s Decree No. 47/2017/ND-CP and adjustment of monthly benefits of retired officials of communes as prescribed in the Government’s Decree No. 76/2017/ND-CP dated June 30, 2017

 

* Guiding the methods of payment for adjustment of the statutory pay rate

Page 2

3

42/2017/QH14

Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly on the pilot settlement of bad debts of credit institutions

 

* Pilot settlement of bad debts of credit institutions

Page 2

EXPORT - IMPORT

 

EXPORT - IMPORT

4

65/2017/TT-BTC


Circular No. 65/2017/TT-BTC dated June 27, 2017 of the Ministry of Finance on promulgating the List of Vietnam’s posts and exports

 

* List of Vietnam’s posts and exports

Page 3

NATURAL RESOURCES – ENVIRONMENT  

 

NATURAL RESOURCES – ENVIRONMENT

5

73/2017/ND-CP


Decree No. 73/2017/ND-CP dated June 14, 2017 of the Government on collection, management and use of data on natural resources and environment

 

* Collection, management and use of data on natural resources and environment

Page 3

 

SUMMARY:

 

Ü  LABOR - SALARY         


FROM JULY 01, TO INCREASE PENSIONS, SOCIAL INSURANCE BENEFITS
 BY 7.44%
 

On June 30, 2017, the Government issued the Decree No. 76/2017/ND-CP dated June 30, 2017 of the Government on amending the pensions, social insurance benefits and monthly benefits.

This Decree points out clearly that the pensions, social insurance benefits and monthly benefits paid in June, 2017 to the entities such as officials, public employees and

 

workers; officials of communes, wards and commune-level towns; persons on monthly disability benefits; officials of communes, wards and commune-level towns; service members; people’s policemen on monthly benefits; servicemen, the people’s policemen, and cipher officers  shall be increased by 7.44% as of July 01, 2017.

This Decree takes effect on August 15, 2017.

Ü   FINANCE – BANKING    


GUIDING THE METHODS OF PAYMENT FOR ADJUSTMENT
OF THE STATUTORY PAY RATE
 

On June 30, 2017, the Ministry of Finance issued the Circular No. 67/2017/TT-BTC dated June 30, 2017 of the Ministry of Finance guiding the determination of funding demand and source and methods of payment for adjustment of the statutory pay rate under the Government’s Decree No. 47/2017/ND-CP and adjustment of monthly benefits of retired officials of communes as prescribed in the Government’s Decree No. 76/2017/ND-CP dated June 30, 2017.

In particular, Governments of provinces or central-affiliated cities that have large sources of funding to meet funding demand for implementing Decree No. 47/2017/ND-CP and Decree No. 76/2017/ND-CP shall actively use the increased revenues of local-government budget and saving from 10% of regular expenditure (part retained in focus) to provide additional funding sources for estimate units at the same level and affiliated budget estimate units that still lack of funding sources.

For financially-challenged local governments that have low budget and demand for funding to implement policies in

 

Decree No. 47/2017/ND-CP and Decree No. 76/2017/ND-CP larger than funding sources. While waiting for the funding additionally provided by competent authorities, the superior-level budget may make advance payment for subordinate budget that lacks of funding for implementation of the said decrees; the advanced funding shall be deducted from the funding officially provided by competent authorities. Units funded by state budget shall actively use the 2017 budget estimates that are assigned and the revenues retained as regulated to promptly pay the increased salary and allowances for the entities. Financially-challenged local governments that have low budget shall send written requests to Ministry of Finance for advance of funding for implementing the said decrees.

The accounting and settlement for funding to adjust salary and allocates for the entities prescribed in this Circular shall comply with regulations of the Law on State Budget and current legal documents.

This Circular takes effect on August 15, 2017 and replaces the Circular No. 103/2016/TT-BTC dated June 29, 2016.


PILOT SETTLEMENT OF BAD DEBTS OF CREDIT INSTITUTIONS
 

On June 21, 2017, the National Assembly passed the Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly on the pilot settlement of bad debts of credit institutions, applicable to the debt that has arisen and has been considered as a bad debt before August 15, 2017; and the debt that has arisen before August 15, 2017 and has been considered as a bad debt during the effective period of the Resolution.

In accordance with the Resolution, credit institutions and the bad debt purchaser/manager sell bad debts or collateral transparently and in accordance with regulations of law; the selling price is consistent with market price, probably greater or smaller than principal balance of the debt.

The purchaser of a debt derived from bad debt of credit institution secured by collateral being land use

 

right, property on land or off-the-plan property on land is entitled to inherit rights and obligations of mortgagee.

A credit institution or bad debt purchaser/manager is entitled to assign collateral being a real property project if the project has been approved by competent authorities as per the law; a decision on land allocation or land lease has been issued by competent authority; the project is not in dispute over land use right in a case that has been accepted but remained unsolved or has been resolving at an authorized court; the project is not distrained for judgment enforcement or observance to administrative decisions of competent authorities; no decision on revocation of project or land expropriation has been issued by competent authorities.

This Resolution takes effect on August 15, 2017 and remains in force for 5 years from the effective date.

Ü   EXPORT – IMPORT   


LIST OF VIETNAM’S POSTS AND EXPORTS
 

On June 27, 2017, the Ministry of Finance issued the Circular No. 65/2017/TT-BTC dated June 27, 2017 of the Ministry of Finance on promulgating the List of Vietnam’s posts and exports, applied from January 01, 2018.

The List of Vietnam's imports and exports shall be used for introducing import and export tariffs; compiling the Lists of goods to serve the state management purposes; making State’s statistical reports on imports and exports; and serving the state management of good importation and exportation, and other sectors.

 

Beside issuing the List of Vietnam's imports and exports, the Circular also prescribes the Six (6) general rules explaining the classification of goods according to the List of Vietnam's imports and exports based on the Harmonized Commodity Description and Coding System (HS) of the World Customs Organization.

This Circular replaces the Circular No. 103/2015/TT-BTC dated July 01, 2016.

Ü   NATURAL RESOURCES - ENVIRONMENT   


COLLECTION, MANAGEMENT AND USE OF DATA
ON NATURAL RESOURCES AND ENVIRONMENT
 

At the Decree No. 73/2017/ND-CP dated June 14, 2017 of the Government on collection, management and use of data on natural resources and environment, the Government prescribes that An organization or individual must apply for the access right granted by the data-providing agency to access and use natural resources and environment data available on the website or the portal of such data-providing agency; having the access right must use correct user name and password to access the website or portal of the data-providing agency, and not reveal the granted user name and password.

Fees for using natural resources and environment data shall be paid in accordance with regulations of the Law on Fees and Charges. A user of natural resources and environment data shall have responsibility and rights such as comply with principles for using natural resources and environment data; not to provide natural resources and environment data to the third party for use, except the

 

 

cases where it is agreed upon in the written agreement signed by and between the user and data-providing agency; not to falsify information and data obtained for use; pay fees for using natural resources and environment data; abide by regulations of the law on intellectual property; timely give notification to the data-providing agency of mistakes of provided data; make complaint or denunciation of actions against the user’s rights to use data…

Also in accordance with this Decree, organizations and individuals are encouraged by the Government to make investment in collection, establishment, provision and sharing of natural resources and environment data; organizations and individuals are encouraged to provide or donate natural resources and environment data to regulatory authorities in order to serve the protection of national sovereignty and common social benefits.

This Decree takes effect on August 01, 2017.

 

 

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