Legal Document Updates in English (30/2018)

SCHEDULE OF FEE FOR APPRAISAL
OF ENVIRONMENTAL IMPACT ASSESSMENT REPORT
 

On June 25, 2018, the Ministry of Finance issues the Circular No. 56/2018/TT-BTC on prescribing rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body.

Schedule of rates of collection of fees for appraisal of environmental impact assessment report is prescribed as below:

- With regards to civil construction projects: From VND 08 million – VND 84 million, depends on the investment capital;

- With regards to infrastructure engineering projects: From VND 8.6 million – VND 86 million, depends on the investment capital;

TO ADJUST CONDITIONS FOR ISSUANCE
OF THE CONSTRUCTION PRACTICING CERTIFICATES
 

On July 16, 2018, the Government issues the Decree No. 100/2018/ND-CP on amending and annulling some regulations on necessary business conditions in fields under the management of the Ministry of Construction.

Noticeably, general eligibility requirements for issuance of the construction practicing certificates are adjusted, specifically:

- A Rank-II practicing certificate is awarded to the individual who gains a bachelor's degree in appropriate major and at least 04 years’ experience relevant to requirements of that practicing certificate, meanwhile, in the previous provision is 05 years.

- A Rank-III practicing certificate is awarded to the individual who has appropriate qualifications and at least 02 years

TO DISCOUNT OR PLEDGE DEBT OF GOVERNMENT BONDS
 

On June 30, 2018, the Government issues the Decree No.  95/2018/ND-CP on providing the issuance, registration, depositing, listing and trading of government debt instruments on securities market

A holder of government debt instruments is entitled to receive full payment of principal and interest on debt instruments upon their maturity date and transfer, give, donate, discount or pledge debt instruments, leave them as inheritance or use them to conduct other transactions in accordance with applicable laws.

The Ministry of Finance shall take charge of paying principal and interest on Government debt instruments

PROCEDURES FOR INSPECTION OF VALUATION APPLIED
TO EXPORTED AND IMPORTED GOODS
 

Procedures for inspection, consultation and customs valuation applied to exported and imported goods during customs procedures is issued by the General Department of Customs at the Decision No.  1810/QD-TCHQ dated June 15, 2018.

This procedure provides guidelines for procedures for inspection of declaration contents, declared value, consultation and customs valuation applied to exported goods and imported goods during customs procedures, applied to consignments subject to documentary inspection, physical inspection which is carried out in conjunction with other practices.

ENTERPRISE GET THE NATIONAL QUALITY GOLD PRIZE
SHALL BE PRIORITIZED TO BORROW LOANS
 

A number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality is amended and supplemented by the Government at the Decree No. 74/2018/ND-CP dated May 15, 2018.

The national quality prizes include: The national quality gold prize and the national quality prize. Awarded organizations and enterprises shall be given national quality prize trophies together with the Ministry of Science and Technology’s certificates. The Ministry of Science and Technology shall consider and select the 20 best outstanding enterprises that have been awarded the national quality gold prize to propose to the Prime Minister for grant of certificates of merit in recognition of their excellent achievements in raising productivity and product and goods quality.

TO MAKE A WRONG JUDGMENT, CIVIL SERVANT MUST PAY BY SALARY
 

The Government issues the Decree No. 68/2018/ND-CP detailing a number of articles and measures for enforcement of the Law on State Compensation Liability; within that, requires the damage-causing official-duty performer must use his/her salary pay for the amount of money the State compensate for person who had a wrong judgment.

Salary of the damage-causing official-duty performer for reimbursement shall be the base salary multiplied by the rank- and grade-based coefficient according to law at the time the reimbursement decision is issued. In case by the time the reimbursement decision is issued, the damage-causing official-duty performer has retired, his/her reimbursement liability shall be considered on the basis of his/her salary upon his/her retirement.

In case civil servant causing the damage not to the extent for penal liability examination, the amount to be reimbursed shall be determined as follows:

- In case the money amount already compensated by the State is higher than 100 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount will be 50 months’ salary of such person;

REQUIREMENTS FOR HYDRAULIC STRUCTURE-EXPLOITING UNITS
 

According to the Decree No. 67/2018/ND-CP of the Government detailing a number of articles of the Law on Hydraulic Work, dam and reservoir-exploiting organizations and individuals must meet specific requirements due to size of each dam and reservoir.

- For a particularly important reservoir: To have 7 hydraulic engineers, of whom at least 2 have at least 5 years’ practical experience in dam or reservoir management and operation

- For large reservoirs: To have 1 - 3 hydraulic engineers, due to the storage capacity of each reservoir.

- For medium-sized reservoirs: To have a hydraulic engineer or a staff possessing a college degree in hydraulic work, due to the storage capacity of each reservoir.

CRITERIA FOR DETERMINATION OF COMPLEX
AND TYPICAL LEGAL AID CASES
 

On June 21, 2018, the Ministry of Justice issues the Circular No. 09/2018/TT-BTP on criteria for determination of complex and typical legal aid cases.

Within that, general criteria for legal proceedings are prescribed as follow:

- Legal aid is provided in legal cases, which have aroused public concern and have been reported by central and local news agencies;

- A case where the point of view given by the legal aid-providing person differs from one of presiding agencies and is accepted toward in favor of the legally-aided person at judgments and decisions;

- Legal aid is provided in a case where there are many materials and items of evidence in conflict or evaluation of