Legal Document Updates in English (32/2013)

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NUMBER

TITLE

 

In This Updates:

LAND – HOUSING

 

LAND - HOUSING

1

30/2013/TT-BNNPTNT

Circular No. 30/2013/TT-BNNPTNT dated June 11, 2013 of the Ministry of Agriculture and Rural Development guiding the formulation of plans to use the top soil and offset the area of wet-rice farm land used for another purpose

 

Plans to improve poor-quality rice farm land

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

2

101/2013/TT-BTC

Circular No. 101/2013/TT-BTC dated July 30, 2013 of the Ministry of Finance guiding the management and use of insurant protection fund

 

Limit of insurant protection fund is VND 200 million per contract

Page 2

CONSTRUCTION

 

CONSTRUCTION

 

3

13/2013/TT-BXD

Circular No. 13/2013/TT-BXD dated August 15, 2013 of the Ministry of Construction promulgating the verification, appraisal and approval for construction designs

 

Works using capital from state budget must submit construction design verification

Page 2

4

11/2013/TT-BXD

Circular No. 11/2013/TT-BXD dated July 31, 2013 of the Ministry of Construction promulgating the reporting regime on construction and business in real estate investment projects

 

Reporting regime in real estate investment projects

Page 3

NATURAL RESOURCES – ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

 

5

50/2013/QD-TTg

Decision No. 50/2013/QD-TTg dated August 9, 2013 of the Prime Minister providing the retrieval and disposal of discarded products

 

Establishing the retrieval places of discarded products

 

Page 3

 

SUMMARY:

Ü LAND - HOUSING


PLANS TO IMPROVE POOR-QUALITY RICE FARM LAND
 

This content is prescribed at the Circular No. 30/2013/TT-BNNPTNT dated June 11, 2013 of the Ministry of Agriculture and Rural Development guiding the formulation of plans to use the top soil and offset the area of wet-rice farm land used for another purpose.

Accordingly, methods to offset the area of wet-rice farm land used for another purpose include reclamation and restoration such as to build, improve and upgrade the inner-field irrigation and road systems to ensure conditions for growing two or more rice crops a year; to restore the land surface and create a suitable top soil or improve the physical and chemical properties of land to grow two or more rice crops a year or improvement of other arable land such as to elevate the low and hollow rice farm land where only one rice crop can be grown a year due to difficult water drainage for growing two rice crops a year; to build and improve the irrigation system and raise the height of the terrain of wet-rice farm land that depends on rainwater or cannot be easily irrigated  where only one rice crop can be grown a year, for growing two rice crops a year; to build and restore upland rice land into terraced field land for growing

 

two rice crops a year. And the methods also include the implementation of other plans suitable to local conditions to reclaim, restore and improve other rice farm land into wet-rice farm land.

Besides, methods of using the top soil to improve poor-quality rice farm land and other arable land include using the top soil to improve poor-quality rice farm land such as to increase the thickness of the plough layer and improve the physical and chemical properties of rice farm land  with a thin plough layer or physical and chemical properties which are less suitable for the growth and development of rice such as infertile, gray or sandy soil; to improve hollow, low or uneven rice farm land by elevating the terrain of rice fields and increasing the flatness of the terrain with the top soil. Another method is to use the top soil to improve other arable land such as to raise the terrain of farm land to prevent water logging; to increase the thickness and improve the quality of the plough layer and to add to farm land areas and gardens currently under industrial plants, fruit trees and other agricultural crops.

This Decree takes effect on July 26, 2013.

Ü FINANCE - BANKING


LIMIT OF INSURANT PROTECTION FUND IS VND 200 MILLION PER CONTRACT
 

This content is prescribed at the Circular No. 101/2013/TT-BTC guiding the management and use of insurant protection fund.

Accordingly, For life insurance contracts, the Fund shall pay for up to 90% of the liability of the life insurance companies, but the amount must not exceed 200 million VND/policyholder/contract. Where a life insurance contract covers multiple insurant, the maximum payment of the Fund is applicable to individual insurant, unless otherwise agreed by the insurant and the insurer in the insurance contract.

For compulsory vehicle insurance contracts, the Fund shall cover the whole liability of the insurer or branch within the insurance scope in accordance with current law; for contracts for other insurance services, the Fund shall pay up to 80% of the liability of the insurer or branch, but the amount shall not exceed 100 million VND/ contract.

 

The Fund shall be used to pay insurance money, surrender values, indemnity, and insurance premium refunds under insurance contracts when the insurer or branch is insolvent, or the insurer is bankrupt. The Fund shall only pay for the original insurance contracts and pay a lump sum for each claim for insurance money, surrender values, indemnity, and insurance premium refund.

Besides, the amount of money contributed to the Fund must not exceed 0.3% of the total revenue from insurance premium of original insurance contracts in the previous fiscal year of the insurer or the branch. The contribution amount shall be announced in writing by the Ministry of Finance before April 30 every year.

This Circular takes effect on September 15, 2013.

Ü CONSTRUCTION


WORKS USING CAPITAL FROM STATE BUDGET MUST SUBMIT
CONSTRUCTION DESIGN VERIFICATION
 

On July 09, 2013, the Prime Minister issues the Decision No.  1113/QD-TTg approving the general planning adjustment of Phu My new urban area, Ba Ria – Vung Tau with the vision to 2030.

At this Decision, the Prime Minister has plan to develop the new urban area, keeping role as a center of industry, international seaport, service and tourism, being important transport focal center of Ba Ria – Vung Tau province and a south key economy region, with importance position on security and national defense. By 2020, population of entire urban area will be about 200,000 persons, in which inner-city population will be about 174,000 persons, outer-city population will be about 26,000 persons and by 2030, population of entire urban area will be about 310,000 persons, in which inner-city population will be about

 

285,000 persons, outer-city population will be about 25,000 persons.

The use planning at head period till 2020 is to develop projects of investment in infrastructure construction of industrial zones, seaports from My Xuan area to Cai Mep Ha, Long Huong area with total scale of about 5,000 ha; to develop tourism projects at Dinh, Toc Tien and Thi Vai mountains; to innovate and embellish the existing residential areas from My Xuan, Ngoc Ha areas to Tan Hoa, Tan Hai areas. And the expended Phu My II industrial zone (403 ha); Phu My III industrial zone (942 ha); Long Huong industrial zone (400ha); the expended My Xuan industrial zone (100 ha) and so on.

This Decision takes effect on the signing date.


REPORTING REGIME IN REAL ESTATE INVESTMENT PROJECTS
 

On July, 31, 2013, the Ministry of Construction issues the Circular No. 11/2013/TT-BXD promulgating the reporting regime on construction and business in real estate investment projects.

Accordingly , the Ministry of Construction  requires the  Investors of real estate projects, Management Boards of industrial parks, industrial clusters; Management Boards of urban development zones which are established by State to include contents in the report as follows: general report on basic information of real estate projects in localities: Reporting basic content of project under the written approval for investment, certificate of investment or decision on investment permission of competent state agencies. When projects have adjustments or supplementations, the investors of real estate projects shall make reports supplementing the adjusted contents; Report

 

on carrying out investment in construction of projects; report on business status at project; report on ending investment in construction of projects: report on major content of projects after having finished the investment in construction.

In the case that Investors of real estate projects who fail to report or report improperly with the time limit, report with the incorrect or insufficient content for the first time, the local Construction Departments shall send document for reminding to investor;  for the second time: To publicize information of violations on website of the Ministry of Construction, websites of the provincial People’s Committees, websites of the local Construction Departments where implement the real estate projects and notify to investors (if any).   Concurrently, sanction administrative violation prescribed by law.

This Circular takes effect on October 01, 2013.

Ü NATURAL RESOURCES - ENVIRONMENT


ESTABLISHING THE RETRIEVAL PLACES OF DISCARDED PRODUCTS
 

On August 09. 2013, the Prime Minister signed the Decision No. 50/2013/QD-TTg providing the retrieval and disposal of discarded products.

In accordance with this Decision, manufacturers or importers have responsibilities to set up discarded product retrieval sites; to receive discarded products sold by manufacturers or importers in the Vietnamese market; to reach agreements with consumers on the methods of delivery and receipt of discarded products in retrieval sites; to transport discarded products from retrieval sites to disposing establishments; to dispose of discarded products; to notify in writing discarded product retrieval sites and disposing establishments to the Ministry of Natural Resources and Environment and to publicize information related to discarded product retrieval sites and disposing establishments on the websites of the Ministry of Natural Resources and Environment and manufacturers or importers.

 

Besides, manufacturers, importers, consumers and discarded product collecting or disposing establishments are eligible for incentives and supports as provided by law; manufacturers or importers which set up retrieval sites to receive discarded products being hazardous wastes are exempt from registration of hazardous waste generators; manufacturers or importers which directly retrieve or transport discarded products being hazardous wastes are exempt from registration of hazardous waste management practice; manufacturers or importers may cooperate with others in performing the retrieval and disposal of discarded products; manufacturers or importers may enter into contracts with collecting or disposing establishments which satisfy the operation conditions as prescribed by law to retrieve and dispose of discarded products.

This Decision takes effect on September 25, 2013.

 

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