Vietnamese* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.
* For further details, please visit: english.luatvietnam.vn
|
#
|
NUMBER |
TITLE |
|
In This Updates: |
|
|
INVESTMENT |
|
INVESTMENT |
|||
|
1 |
Resolution No. 556/NQ-UBTVQH14 dated July 31, 2018 of the National Assembly Standing Committee On the plan to use VND 15 trillion from the reserve fund… |
|
To spend VND 15,000 billion for 14 important transport projects |
Page 2 |
|
|
FINANCE - BANKING |
|
FINANCE – BANKING |
|||
|
2 |
Decree No. 97/2018/ND-CP dated June 30, 2018 of the Government on on-lending of the Government’s ODA loans and foreign concessional loans |
|
Hanoi, Ho Chi Minh City are entitled to borrow 100% ODA loans |
Page 2 |
|
|
3 |
Circular No. 16/2018/TT-NHNN dated July 31, 2018 of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular 36/2014/TT-NHNN… |
|
The rate of short term capital sources using as medium and long term loans |
Page 2 |
|
|
4 |
Decree No. 93/2018/ND-CP dated June 30, 2018 of the Government on providing for provincial-government debt management |
|
Local is entitle to issue bond's face with value VND 100,000 |
Page 3 |
|
|
NATURAL RESOURCES – ENVIRONMENT |
|
NATURAL RESOURCES – ENVIRONMENT |
|||
|
5 |
Decision No. 936/QD-TTg dated July 30, 2018 of the Prime Minister on promulgating procedure for operating inter-reservoirs in Kon – Ha Thanh river basin |
|
Procedure for operating inter-reservoirs in Kon - Ha Thanh river basin |
Page 3 |
|
|
6 |
Decision No. 910/QD-TTg dated July 25, 2018 of the Prime Minister on approving planning on exploration, extraction, processing and use of Vietnams’ … |
|
By 2025, spend almost VND 3,800 billion to explore, process gold ores |
Page 3 |
|
|
7 |
Decree No. 78/2018/ND-CP dated May 16, 2015 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP … |
|
Prioritize to elaborate technical regulations regulating groups of similar subjects |
Page 4 |
|
|
8 |
Decree No. 76/2018/ND-CP dated May 15, 2018 of the Government on detailing and guiding the implementation of a number of articles of the Law on Technology Transfer |
|
Incentive policies for enterprises receive transferred technologies |
Page 4 |
|
|
ADMINISTRATIVE |
|
ADMINISTRATIVE |
|||
|
9 |
Decision No. 985/QD-TTg dated August 08, 2018 of the Prime Minister on promulgating the Plan on implementation of the Government’s Decree No. 61/2018/ND-CP …. |
|
Have the specific policy for staff at single-window sections |
Page 4 |
|
|
FOREIGN AFFAIRS |
|
FOREIGN AFFAIRS |
|||
|
10 |
Decree No. 104/2018/ND-CP dated August 08, 2018 of the Government on detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions… |
|
To appoint a person surpasses the prescribed age for an ambassador extraordinary and plenipotentiary |
Page 5 |
|
SUMMARY:
|
|
||
|
On July 31, 2018, the National Assembly Standing Committee issues the Resolution No. 556/NQ-UBTVQH14 on the plan to use VND 15 trillion from the reserve fund under the 2016-2020 medium-term public investment plan for important and urgent railway and road projects. Accordingly, the National Assembly Standing Committee accepts with the plan to use VND 15 trillion for 4 important and urgent railway projects and 10 important and urgent road projects, within that: - Railway projects include: Repair and upgrading of essential structures of the Hanoi-Vinh railway section; |
Repair and upgrading of essential structures of the Nha Trang-Sai Gon railway section; Reinforcement of weak tunnels in combination with opening of new stations and renovation of upper architecture of the Vinh-Nha Trang railway section… - Road projects include: National highway No. 3B; Road connecting the Hanoi-Hai Phong expressway with the Cau Gie-Ninh Binh expressway; Upgrading of the Cao Lanh-Hong Ngu section, Dong Thap province, of national highway No. 30… This Resolution takes effect on the signing date. |
|
|
|
||
|
This information is provided from the Decree No. 97/2018/ND-CP on on-lending of the Government’s ODA loans and foreign concessional loans which is issued by the Government on June 30, 2018. Specifically, the on-lent proportion for the People’s Committee of the province is from 30 – 70% of the ODA loan or concessional loan, depend on the rate of additional funding from the Central government budget; for Hanoi capital and Ho Chi Minh city, the on-lent proportion is 100% of the ODA loan or concessional loan. The enterprises are eligible for receiving all of the on-lent capital derived from the ODA loan and concessional loan which are used for investment project, but this amount shall not exceed 70% of the total investment capital approved by the competent authority. With regards to the public sector entity which covers full recurrent expenditures and partial investment funding by its |
own budget, the on-lent proportion is 50% of the ODA loan and concessional loan used for investment project; 100% of the on-lent capital derived from the ODA loan and concessional loan used for investment project for the public sector entity which covers full recurrent expenditures and investment expenditures by its own budget. Also in accordance with this Decree, if the end borrower cannot make repayment on principal, interest, fees and other relevant charges on time, it shall pay for the late payment interest which is equal to late payment interest rate specified in the Foreign Loan Agreement; if the Foreign Loan Agreement does not specify the late payment interest rate, this rate shall be determined as 150% of the on-lending interest rate. This Decree takes effect on July 01, 2018. |
|
|
|
||
|
This is one of the contents are promulgated at the Circular No. 16/2018/TT-NHNN dated July 31, 2018 on amending and supplementing a number of Articles of the Circular 36/2014/TT-NHNN providing for prudential ratios and limits for operations of credit institutions and foreign bank branches. Specifically, credit institutions, foreign bank branches are entitled to use short-term capital sources as medium and long term loans under the following maximum rate schedule: |
- From January 01, 2018 to December 31, 2018 inclusively: + Banks, foreign bank branches: 45%; + Non-bank credit institutions: 90%. - From January 01, 2019: + Banks, foreign bank branches: 40%; + Non-bank credit institutions: 90%. This Circular takes effect on July 31, 2018. |
|
|
|
||
|
This content is prescribed at the Decree No. 93/2018/ND-CP dated June 30, 2018 of the Government on providing for provincial-government debt management, within that, issuing municipal bonds is one type of borrowing funds of the provincial government. The scheme for issuance of municipal bonds must include: Quantity of bonds to be issued; Bond term which must be at least 01 year; Bond's face value which is VND 100,000 or |
its multiple; Currency which is VND; Planned time and method of issuance of municipal bonds… The issuance of municipal green bonds must conform to regulations on issuance of municipal regular bonds, and Provincial People's Committee must report the list of projects using funds from issuance of municipal green bonds as regulated by the Ministry of Finance. This Decree takes effect on July 01, 2018. |
|
Ü NATURAL RESOURCES – ENVIRONMENT
|
|
||
|
On July 30, 2017, the Prime Minister issues the Decision No. 936/QD-TTg on promulgating procedure for operating inter-reservoirs in Kon - Ha Thanh river basin. The procedure for operating inter-reservoirs in Kon - Ha Thanh river basin include: Vinh Son A, Vinh Son B, Vinh Son C, Vinh Son 4, Vinh Son 5, Tra Xom 1, Dinh Binh, Nui Mot, Thuan Ninh and Van Phong reservoirs. The water level corresponding to the river flood water warning level at Binh Nghi hydrological stations is 15,5m – water warning level I; 16,5m – water warning level II; 17,5m – water warning level III. For Tra Xom 1, Dinh Binh, Nui Mot, Thuan Ninh, Vinh Son 4, Vinh Son 5 and Van Phong reservoirs, under normal |
weather conditions, Director of the reservoir management and operation entities may proactively operate and regulate the reservoirs. When there’s a forecast about an emergency storm, inshore tropical depression or other weather conditions, which are likely to cause rain and flood, thereby directly affecting the areas in Kon river basin in the next 24-to-48 hours, the head of Steering Committee of Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province shall decide to operate reservoirs. This Decision takes effect on September 01, 2018. |
|
|
|
||
|
The Plan on exploration, extraction, processing and use of Vietnams’ gold, copper, nickel and molybdenum ores up to 2025, with visions towards 2035 is approved by the Prime Minister at the Decision No. 910/QD-TTg dated July 25, 2018. Total investment capital required for exploration, extraction and processing of gold, copper, nickel and molybdenum ores up to 2025, with visions towards 2035 is estimated at around VND 3.795 billion for gold ore, VND 2.830,5 billion for copper ore, VND 2.151 billion for nickel and VND 620,4 billion for molybdenum ore. With regards to the management, shall publicly reveal coordinates of boundary of projects on gold, copper, nickel |
and molybdenum ore planning. Enhance inspection and guard of mine boundary and recently-discovered mine spots as well as areas for reserving mineral resources of gold, copper, nickel and molybdenum ores. The Ministry of Natural Resources and Environment shall review and instruct investors of projects to carry out assessment and exploration of gold, copper, nickel and molybdenum ores licensed for extraction but fail to be explored in accordance with provisions of the Mineral Law zone. This Decision takes effect on the signing date and replaces the Decision No.11/2008/QD-BCT. |
|
|
|
||
|
On May 16, 2018, the Government issues the Decree No. 78/2018/ND-CP on amending and supplementing a number of articles of the Decree No. 127/2007/ND-CP detailing the implementation of a number of articles of the Law on Standards and Technical Regulations. The Decree prescribes some of general requirements in the elaboration of standards and technical regulations as follow: - To prioritize the elaboration of technical regulations regulating groups of subjects which are similar in terms of technical characteristics and management requirements; - In case of citing international, regional or foreign standards for technical requirements, promulgating |
agencies shall ensure the availability of Vietnamese versions of the cited documents upon requests of organizations and individuals for reference; - When elaborating standards, there must have the participating of representatives of related management agencies, associations, unions, science and technology enterprises and organizations, consumers and experts; - The elaboration of standards must comply with the principle of consensus on the basis of public and democratic discussions and opinion contribution… This Decree takes effect on July 01, 2018. |
|
|
|
||
|
On May 15, 2018, the Government issues the Decree No. 76/2018/ND-CP detailing and guiding the implementation of a number of articles of the Law on Technology Transfer. Accordingly, support for businesses having projects in the sectors, fields or localities eligible for investment incentives to receive technologies transferred from science and technology organizations: - To support with the maximum support level of 2%/year of the interest rate of loans from the national technology innovation fund, science and technology development funds of ministries… - Provision of support funds through the performance of scientific and technological tasks or direct supports. Concurrently, this Decree also has provisions on supporting and incentives for businesses to invest in physical and |
technical foundations for technology decoding activities, and organizations and individuals engaged in technology decoding: - Support funds, loan guarantees or loan interest rate supports from the national technology innovation fund or credit institutions; - Prioritized investment in a hi-tech park. Besides, the Decree encourages the cooperation between businesses and agencies, organizations or individuals in implementing investment projects on technology innovation, innovation startups, development of infrastructure to serve science and technology development, and general research. This Decree takes effect on July 01, 2018. |
|
|
|
||
|
On August 08, 2018, the Prime Minister issues the Decision No. 985/QD-TTg promulgating the Plan on implementation of the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in performance of administrative procedures. This plan contains these following contents: - To promulgate documents guiding policy for cadres, civil servants work at single-window sections; - To promulgate Circular on detailing the Decree No. 61/2018/ND-CP on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures; |
- To complete the arrangement of offices (priority in extend of change of function of offices) and instruments at the single-window sections; - To publish the List of administrative procedures that be received at the single-window sections and the List of administrative procedures that can be received at the website of Ministry, provinces; - To promulgate the internal procedures, e-procedures for each administrative procedure. This Decision takes effect on the signing date. |
|
|
|
||
|
On August 08, 2018, the Government issues the Decree No. 104/2018/ND-CP detailing a number of articles of the Law amending and supplementing a number of articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam. Accordingly, in case a person nominated to be an ambassador extraordinary and plenipotentiary surpasses the prescribed age for being appointed, he/she may be considered for appointment if meets all the following requirements: - Conditions on personal capacity and prestige: An ambassador extraordinary and plenipotentiary shall be appointed in a special case if: Having profound knowledge about the host country or international organization; Having dominant prestige, experience and capacity in the field of external relations. |
- Conditions on external relations requirements: An ambassador extraordinary and plenipotentiary shall be appointed in a special case in order to promote one or more than one particularly important sphere of cooperation; deal with one or more than one important issue that has profound impacts on Vietnam’s interests in the relationship between Vietnam and the host country or international organization… - Conditions on working locations: An ambassador extraordinary and plenipotentiary shall be appointed in a special case to work in one of these locations: Countries bordering Vietnam or in the Southeast Asia region; Countries having strategic partnership or comprehensive partnership relationship with Vietnam, the United Nations… This Decree takes effect on August 08, 2018. |
|
Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn
Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.
Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.
We would like to show great thanks to you for reading our Legal Updates!
LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi: 3rd Floor, IC Building, No. 82 - Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
Tel: (024) 37833688 - Fax: (024) 37833699
Ho Chi Minh: No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (028) 399 507 24 - Fax: (028) 399 507 27
Email: [email protected]
Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.
