Legal Document Updates in English (30/2017)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING  

 

FINANCE – BANKING

1

1058/QD-TTg


Decision No. 1058/QD-TTg dated , July 19, 2017 of the Prime Minister on approving scheme for “Restructuring system of credit institutions associated with settlement of bad debts in the period of 2016-2020”

 

* Restructuring system of credit institutions associated with settlement of bad debts

Page 2

2

20/2017/QD-TTg


Decision No. 20/2017/QD-TTg dated June 12, 2017 of the Prime Minister on regulating operations of microfinance programs and projects of political organizations, socio-political organizations and non-governmental organizations

 

* Micro-sized enterprise allowed to have maximum loan of VND 50 million from microfinance client

Page 2

MEDICAL - HEALTH

 

MEDICAL – HEALTH

3

75/2017/ND-CP

Decree No. 75/2017/ND-CP dated June 20, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Health

 

* To adjust the organizational structure of the Ministry of Health

Page 2

INSURANCE  

 

INSURANCE

4

21/2017/QD-TTg


Decision No. 21/2017/QD-TTg dated June 15, 2017 of the Prime Minister on insurance money limit

 

* To increase the deposit insurance to VND 75 million

Page 3

AGRICULTURE – FOREST   

 

AGRICULTURE - FOREST

5

08/2017/QH14

Law No. 08/2017/QH14 dated June 19, 2017 of the National Assembly on irrigation

 

* To transfer the regime from fee to the price of irrigation services

Page 3

 

SUMMARY:

 

Ü  FINANCE - BANKING         


RESTRUCTURING SYSTEM OF CREDIT INSTITUTIONS ASSOCIATED
WITH SETTLEMENT OF BAD DEBTS
 

The Scheme “Restructuring system of credit institutions associated with settlement of bad debts in the period of 2016-2020” is approved by the Prime Minister at the Decision No. 1058/QD-TTg dated July 19, 2017 with the objectives to settling bad debts and financially weak credit institutions in forms; keep financially healthy situation, enhance administration capacity of credit institutions as per the law and in conformity with international practice…

Orientations and solutions for restructuring commercial banks whose more than 50% of charter capital is held by the State, the Scheme has the policy that orientations and solutions for restructuring commercial banks whose more than 50% of charter capital is held by the State. Continue boosting the issuance of shares to investors on the principle of ensuring the dominant role of the State in commercial banks whose more than 50% of charter capital is held by the State, of which the State holds at least 65% of the total number of voting shares. Select strategic shareholders, ensuring that at least one foreign strategic investor has prestige in the market, financial capacity, management experience; prepare the preconditions, proceed to listing on

 

the international stock market; Strongly develop electronic distribution channels, enhance information security capability in order to increase the customers' access to services..

If a weak joint-stock commercial bank is unable to implement the approved plan, the following measures shall be applied  such as limit/No dividends, profit; strict control of the transfer of shares, equity and assets of financially weak joint stock commercial banks; reduce outstanding credit balance; limitations of expanding scale and network operation; temporarily suspending, dismissing the position of managers and executives of weak joint-stock commercial banks; place the bank into the state of special control; merger, consolidation, acquisition on a voluntary basis…

Improve the organizational structure and operation of VAMC; increase charter capital for VAMC to reach VND 5,000 billion and to reach VND 10,000 trillion in the period 2019 – 2020.

This Decision takes effect on the signing date.


MICRO-SIZED ENTERPRISE ALLOWED TO HAVE MAXIMUM LOAN
OF VND 50 MILLION FROM MICROFINANCE CLIENT
 

This is the content prescribed by the Prime Minister at the Decision No. 20/2017/QD-TTg dated June 2, 2017 on regulating operations of microfinance programs and projects of political organizations, socio-political organizations and non-governmental organizations.

In particular, lending conditions are that microfinance clients have the civil legal capacity and civil act capacity; loans provided to microfinance clients are secured by compulsory saving deposits and/or guaranteed by a group of microfinance clients; loan use purposes are lawful and the maximum loan to be provided to a microfinance client must not exceed VND 50 million. Within that microfinance client means an individual of a poor household, a near-poor household, a household having just escaped from poverty or a middle-income household, a low-income individual or a micro-sized enterprise.

Also in accordance with the Decision, a political organization, socio-political organization or domestic non-governmental organization may transform its microfinance program or project into a microfinance organization when

 

the transformation is on a voluntary basis; total assets of such program or project is at least VND 75 billion and total outstanding loans for microfinance clients is at least VND 50 billion.

A microfinance program or project shall be transformed into a microfinance organization within 24 months after August 01, 2017, for microfinance programs and projects that are operational before August 01, 2017. A microfinance program or project shall be transformed into a microfinance organization within 24 months from the date of its latest operation report for microfinance programs and projects that are subject to transformation after August 01, 2017.

Within 12 months after the time limit, a political organization, socio-political organization or domestic non-governmental organization that fails to transform itself into a microfinance organization shall terminate its operation or reduce its operation scale of its microfinance program or project to ensure that it is not subject to transformation.

This Decision takes effect on August 01, 2017.

Ü   MEDICAL - HEALTH    


TO ADJUST THE ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF HEALTH
 

On June 20, 2017, the Government issued the Decree No. 75/2017/ND-CP on defining the functions, tasks, powers and organizational structure of the Ministry of Health; to replace the Decree No. 63/2012/ND-CP dated August 31, 2012.

In accordance with  this Decree, the Practical Medicine Magazine does not belong to the organizational structure of the Ministry of Health. Therefore, the organization structure only includes 23 units instead of 24 units as in previous regulation. They are the Communication, Emulation and Commendation Department; the Maternal and Child Health Department; the  Medical Equipment and Health Works Department; the Health Insurance Department; the Planning and Finance Department; the Organization and Personnel Department; the International Cooperation Department; the Legal Affairs Department; the Ministry’s Office; the Ministry Inspectorate; the General Department of

 

Preventive Medicine; the Vietnam Administration of HIV/AIDS Control; the Vietnam Food Administration; the Health Environment Management Agency; the Administration of Science, Technology and Training; the  Medical Services Administration; the Traditional Medicine Administration; the Drug Administration of Vietnam; the Information Technology Department…

The Ministry of Health is a governmental agency, performing the function of state management of health, covering preventive health; medical examination and treatment, functional rehabilitation; medical assessment, forensic examination and forensic psychiatry; traditional medicine and pharmacy; reproductive health; medical equipment and facilities; pharmacy and cosmetics; food safety; health insurance; population; and state management of public services under its state management.

This Decision takes effect on August 01, 2017.

Ü    INSURANCE   


TO INCREASE THE DEPOSIT INSURANCE TO VND 75 MILLION
 

The Decision No. 21/2017/QD-TTg on insurance money limit issued by the Prime Minister on June 15, 2017, takes effect on August 05, 2017.

In accordance with this Decision, the payable insurance money amount for all deposits covered by insurance in accordance with the Law on Deposit Insurance (including principal and interest) of an individual at an organization participating in deposit insurance must not exceed VND 75 million (seventy five million Vietnam dong).

 

In previous regulations, the Decree No. 109/2005/ND-CP dated August 24, 2005, the Government prescribes that the maximum amount of insurance proceeds payable for all deposits  of any one depositor at any one institution participating in deposit insurance and falling within the category shall be fifty (50) million Vietnamese dong. After 10 years of application, this deposit has not been suitable with the current situation of the society. Therefore, the increase in deposit decrease is completely suitable.

Ü   AGRICULTURE - FOREST   


TO TRANSFER THE REGIME FROM FEE TO THE PRICE OF IRRIGATION SERVICES
 

On June 19, 2017, the National Assembly passed the Law on Irrigation No. 08/2017/QH14, takes effect on July 01, 2018, and replaces the Ordinance on Exploitation and Protection of Irrigation Projects No. 32/2001/PL-UBTVQH10.

In accordance with the regulations in this Law, valuation of irrigation product or service shall be carried out in accordance with price laws and price of irrigation product or service shall be composed of operation and maintenance cost, amortization cost, other reasonable actual costs and profit relevant to the market price. Over periods of time, depending on socio-economic situations, the Minister of Finance shall decide the amortization cost charged for state-funded irrigation projects; price of irrigation product or service shall be adjusted promptly when factors in price formation are changed.

Bases for valuation of irrigation products or services shall include cost and quality of irrigation product or service; profit level; schedule of adjustment in price of irrigation product or service approved by competent regulatory authorities; capability of making payment by irrigation product or service consumers; capability of supplying irrigation products or services; features and types of

 

 

irrigation project; socio-economic norms for management, operation, maintenance and investment in development of irrigation projects, adopted by competent regulatory authorities.

The Law also points out that provide tax incentives for organizations or individuals charged with managing or operating or utilizing irrigation projects that supply public irrigation products or utilities; provide subsidies or support for organizations or individuals for investment in development, repair or improvement of systems of small-scale or inter-field irrigation projects; advanced and water-efficient irrigation systems; advanced and modern irrigation and drainage systems; effluent or wastewater treatment systems that serve water reuse purposes; provide subsidies or support for investment in improvement or modernization of irrigation projects….

Over periods of time, based on the availability of state budget, the Government shall provide financial support for use of public irrigation products and utilities, irrespective of the source of financing for investment in irrigation projects. Subsidies for use of public irrigation products and utilities shall be covered by the state budget and comply with applicable legislation on the state budget.

 

 

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