Legal Document Updates in English (30/2014)

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NUMBER

TITLE

 

In This Updates:

LAND – HOUSING

 

LAND - HOUSING

1

46/2014/ND-CP

Decree No. 46/2014/ND-CP dated May 15, 2014 of the Government on collection of land rental and water surface rental

 

From July 01, increase water surface rental frame

Page 2

INVESTMENT

 

INVESTMENT

 

2

43/NQ-CP

Resolution No. 43/NQ-CP dated June 06, 2014 of the Government on a number of key tasks of reforming administrative procedures in the formation and implementation of land-using investment projects for improvement of the business environment

 

To annul the planning licensing procedure for land-using investment projects

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

3

46/2014/QH13

Law No. 46/2014/QH13 dated June 13, 2014 of the National Assembly amending the Law on Health Insurance

 

From 2015, households must apply for health insurance

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

 

4

1168/QD-TTg

Decision No. 1168/QD-TTg dated July 16, 2014 of the Prime Minister approving the Strategy for development of Vietnam’s automobile industry through 2025, with a vision toward 2035

 

To 2020, number of domestically manufactured and assembled vehicles is 67%

Page 3

5

44/NQ-CP

Resolution No. 44/NQ-CP dated June 09, 2014 of the Government promulgation of action program of the Government in furtherance of Resolution No. 29-NQ/TW on radical changes in education and training to meet requirements of industrialization and modernization in a socialist-oriented market economy in course of international integration

 

Recognition for the high school graduation as and the university entrance examination in the future plan

Page 4

 

SUMMARY:

 

Ü LAND - HOUSING


FROM JULY 01, INCREASE WATER SURFACE RENTAL FRAME
 

In accordance with the Decree No. 46/2014/ND-CP dated May 15, 2014 of the Government On collection of land rental and water surface rental from July 01, 2014, the water surface rental frame is increased double or triple compared with current frame.

In particular, for projects using fixed water surface: between VND 20,000,000/km2/year and VND 300,000,000/km2/year; for projects using non-fixed water surface: between VND 100,000,000/km2/year and VND 750,000,000/km2/year. The Ministry of Finance shall guide the order and procedures for determination and payment of water surface rental and sea surface rental for projects on oil and gas exploitation in the territorial sea and continental shelf of Vietnam. Based on the water surface rental frame, provincial-level People’s Committees shall decide on water surface rental unit for each project. In case the leased sea surface lies within administrative boundaries of two or more provinces and centrally run cities, the People’s Committees of such provinces and cities shall reach agreement on the water surface rental; if they cannot reach agreement, they shall report such to the Prime Minister for consideration and decision.

Besides, the Decree also details Land rental and water surface rental exemption. Land and water surface rental exemption is given for the entire lease period to investment 

 

projects in the sectors eligible for special investment incentives and implemented in geographical areas facing exceptional socio-economic difficulties; projects using land for construction of condominiums for industrial park workers under approved projects, in which investors may not account land rental expenses into house rental; projects using land for construction of student dormitories with state budget funds, in which units assigned to manage and use such dormitories may not account land rental expenses into house rental and land for agricultural production of ethnic minority people; land for implementation of projects on planting of protection forests and coastal forests;

Within that land rental and water surface rental exemption or reduction shall be given to each project and applied to new land lease. In case land and water surface lessees are entitled to both rental exemption and reduction, after enjoying land and water surface rental exemption they will continue to enjoy land and water surface rental reduction under regulations for the subsequent land lease period (if any). In case the land rental or water surface rental is reduced at different levels, they will enjoy the highest reduction level.

This Decree takes effect on July 1, 2014 and  replaces the Government’s Decree No. 142/2005/ND-CP dated November 14, 2005.

Ü INVESTMENT


TO ANNUL THE PLANNING LICENSING PROCEDURE FOR
LAND-USING INVESTMENT PROJECTS
 

Not to require investors to carry out the planning licensing procedure; contents of the planning license must be shown right in the result of settlement of the procedure of approving the investment policy is the task that the Government emphasized at the Resolution No. 43/NQ-CP dated June 06, 2014 on a number of key tasks of reforming administrative procedures in the formation and implementation of land-using investment projects for improvement of the business environment.

Besides, the Government also annuls the procedure of investment registration or verification and grant of investment certificates for land-using investment projects not subject to conditional investment to replace the procedure of verification and grant of investment certificates in case of auction of land use rights or bidding for selection of investors to implement land-using investment projects and investors to implement investment projects on land under the use rights of investors with the procedure of investment registration with simple registration contents which only include information on investment projects; to incorporate the approval contents of the procedures of investment registration and verification and grant of investment certificates into the approval contents of the procedure of approving the investment policy to become a uniform administrative procedure for land allocation or lease for implementation of investment projects not through auction or bidding. The result of settlement of this administrative procedure is the investment registration certificate.

To reform administrative procedures in the formation and implementation of land-using investment projects with the aims to improve the legal system on investment and ensure the effective enforcement of the Land Law; create a transparent, fair, open and favorable business environment; reduce at least 40% of the implementation time associated with cutting to the utmost administrative procedure compliance costs for investors of all economic sectors; heighten Vietnam’s rankings in the Ease of Doing Business Index and the Global Competitiveness Index; promote

 

investment attraction and make contribution to corruption prevention and control and socio-economic development.

For bidding for selection of investors of land-using investment projects, to specify conditions for bidding for selection of investors of land-using investment projects, including: the project is on the list of bidding for selection of investors approved and announced under planning by competent authorities; the project is located in an area with approved detailed planning of 1:500 scale; the project is located in an area with approved compensation and support cost estimates; and the project has its land use levy or land rental unit approved; to clearly and specifically provide constituents of the procedure of selection of investors of land-using investment projects and the result of settlement of this administrative procedure is the written approval of the result of investor selection, which must include the following contents: project name; name of investor/owner; form of investment; investment objectives; site of construction; project scale; land use area; land use boundary; planning and architectural norms such as land use coefficient, construction density, etc.; total investment of the project; land use levy/land rental unit; implementation time and schedule (divided into phases); funding sources; project management and operation plan; and investment incentives.

Pending the amendment, supplementation, replacement, annulment or cancellation of related provisions of laws and ordinances for the performance of the tasks specified in Clause 1 of this Article, completing and standardizing the process for implementation of administrative procedures in the formation and implementation of land-using investment projects, adhering to the following principles to apply to the utmost the one-stop-shop mechanism which allows investors to go to only one place and submit 1 set of dossier once and receive settlement results from different agencies and permit the concurrent implementation of different administrative procedures to shorten implementation time for investors.

This Resolution takes effect on the signing date.

Ü MEDICAL - HEALTH


FROM 2015, HOUSEHOLDS MUST APPLY FOR HEALTH INSURANCE
 

In accordance with the Law No. 46/2014/QH13 passed by the eighth National Assembly of the Socialist Republic of Vietnam in the 7th Conference on June 13, 2014 amending the Law on Health Insurance. This is the first time households are considered as the object for applying the health insurance. In particular,  all of the members of the households must purchase health insurance. The premiums shall decrease from the second member of a household, the premiums of the first ones must not exceed 6% of the base salary; the premiums of the second, third, forth ones shall be equal to 70%, 60%, 50% of the premiums of the first ones respectively and the premiums of fifth ones and the followings shall be equal to 40% of the premiums of the first ones.

The Law also adds more regulations that total medical examination and treatment expenditures with regard to the at least 5-year-insured whose medical examination and treatment expenditures exceed the total amount of the base

 

salaries in 6 months, except for the insured who go to the hospitals different from the registered hospitals. The insured who are poor household members or ethnics living in regions facing socio-economic difficulties, regions facing extreme socio-economic difficulties; the insured living in island communes or islands districts who go to the hospitals different from the registered hospital shall be paid for their medical examination and treatment expenditures at the commune hospitals, their inpatient treatment costs at the provincial and central hospital by the health insurance fund according to the benefit levels.

Especially, in accordance with regulations in this Law, the inpatient treatment expenditures of the insured who go to any provincial hospital in Vietnam different from their registered hospitals shall be paid by the health insurance fund from January 01, 2021.

This Law takes effect on January 01, 2015..

Ü ECONOMIC – SOCIAL POLICIES


TO 2020, NUMBER OF DOMESTICALLY MANUFACTURED
AND ASSEMBLED VEHICLES IS 67%
 

With the viewpoints that the automobile industry is an industry that creates an important motive force for promoting industrialization and modernization and should be encouraged through stable, consistent and long-term development policies and to develop the automobile industry on the basis of drawing upon the potential of enterprises of all economic sectors with the aims to get specific targets such as by 2020, the total number of vehicles will reach approximately 227,500, including around 114,000 cars of up to 9 seats, around 14,200 cars of 10 or more seats, around 97,960 trucks, and around 1,340 special-use vehicles….on July 16, 2014, the Prime Minister signed the Decision No. 1168/QD-TTg approving the Strategy for development of Vietnam’s automobile industry through 2025, with a vision toward 2035.

At the Decision, the Prime Minister requires the Ministries, related ministries and sectors in identifying and establishing strategic partnerships and promote investment in projects which are large enough for creating markets for the supporting industry. To encourage the manufacture of environment-friendly vehicle lines (energy-efficient, hybrid, biofuel-powered and electric vehicles, etc.) to meet the requirements on emission standards. At the same time, to

 

concentrate investment on renovating and upgrading technologies for raising the quality of products to conform with international standards and form a number of concentrated automobile industrial centers/clusters through  manufacture reorganization. To step up cooperation and association among automobile manufacture and assembly enterprises, supporting industry enterprises, research & development institutions and training institutions of all economic sectors for raising investment efficiency and increasing specialization.

The Prime Minister also emphasizes that For trucks and passenger cars of 10 seats or more to attach importance to developing multi-utility small trucks to serve agricultural production and rural areas and medium- and short-distance passenger cars running on inter-provincial and -district routes and in inner urban areas, etc., which are suitable to local terrain conditions and transport infrastructure, ensuring reasonable cost, safety and comfort. For passenger cars of up to 9 seats, to focus on energy-efficient small-sized personal cars suitable to transport infrastructure and people’s incomes.

This Decision takes effect on the signing date.


RECOGNITION FOR THE HIGH SCHOOL GRADUATION AS AND
THE UNIVERSITY ENTRANCE EXAMINATION IN THE FUTURE PLAN
 

On June 09, 2014, the Government issued the Resolution No. 44/NQ-CP on the promulgation of action program of the Government in furtherance of Resolution No. 29-NQ/TW on radical changes in education and training to meet requirements of industrialization and modernization in a socialist-oriented market economy in course of international integration.

One of the important tasks in this Program is Changes in the form and methods for the examination and evaluation of the education and training results.Change the form and methods for examination and evaluation of the education and training results so that the learners’ ability can be evaluated; combine the overall evaluation with the term and year evaluations according to the model of the countries having development education such as changing the organization of the GCSE examination, the recognition for the high school graduation and the university entrance examination; organize

 

integrated examinations whose result can be used for recognition of the high school graduation, and admission to universities and colleges; establish independent testing centers; enhancing the management of the quality of the learners graduating from the vocational schools and universities to ensure the quality of the manpower to meet the requirements of the labor market; establishing the mechanism for determining annual enrolment targets of vocational training centers, colleges and universities according to the needs of the labor market, training capacity and the percentage of students that are employed after graduation and so on.

Besides, at this Program, the Government also emphasizes on changing the educational Programs towards simplicity, modernity, and practicality; develop the ability and qualities of the learners; focus on the tradition, morality, lifestyles; enhance the foreign language and IT skills; sharpen the skills in applying the theories to reality; develop the creativity and learning autonomy…

 

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