Legal Document Updates in English (34/2011)

REDUCE ½ TIME FOR FLIGHT AUTHORIZATION
 

On September 05, 2011, the Government issued the Decree No. 79/2011/ND-CP amending, supplementing some articles of the Decree No. 36/2008/ND-CP dated March 28, 2009 of the Government on management of unmanned aircraft and ultralight aircraft and the Decree No. 58/2010/ND-CP dated June 01, 2010 of the Government detailing and guiding the implementation of some articles of the Law on Militia and Self-Defense Forces.

Accordingly, any individual or organization when wishing to organize flight activities, organizations and individuals shall submit dossiers of application for flight licenses without technical documents on flying vehicles, including photos of the type of the aircraft or flying vehicle and a written explanation of technical aviation properties of the aircraft or flying vehicle as previous regulations. Time limit for licensing or refusing to license flying activities is shortened from 10 (ten) days to 05 (five) days.

However, an application for a flight license in Vietnamese and English instead of only by Vietnamese as previous regulations.

The Decree also regulates in details the time for receiving dossiers for allowance of militiamen and self-defense members who are sick, are dead or have accidents; in particular, term for receiving dossiers from commune-level military commands, commands of grassroots agencies and organizations, heads of agencies, organizations, enterprise owners or legal representatives of enterprise owners (where not having military commands) is 03 (three) days; from commune-level military commands is 05 (five) days; from commune-level People’s Committees is 05 (five) days.

THE PRIME MINISTER APPROVES THE MASTER PLAN ON HANOI CITY
 

The Prime Minister approved the the master plan on socio-economic development of Hanoi city through 2020, with orientations toward 2030 attached with the Decision No. 1081/QD-TTg.

Accordingly, to organize the Hanoi urban space after the model of cluster of urban centers, including central and satellite urban centers, townships and rural areas, which are connected by belt roads combined with radial trunk roads and linked to regional and national transport networks. The city's center will be separated from satellite urban centers and townships by greenery corridors.

The central urban center will accommodate head offices of central agencies and the nerve centers of the Party, the State and national and municipal mass organizations; offices, of foreign diplomatic missions and international organizations; trade, transaction, financial, banking, insurance and securing service establishments; leading research institutes; and headquarters of economic groups and major enterprises; and quality training institutions of appropriate sizes.

The system of public centers including existing municipal centers such as the Ba Dinh national administrative and political center and the municipal administrative-political center in the Hoan Kiem lake area is completed. The central urban center will be developed and expanded from the inner city westward and southward to belt road 4 and northward to Me Linh and Dong Anh areas; and eastward to Gia Lam and Long Bien areas.

To economic objects of Hanoi in the term 2011 – 2015, the average annual economic growth rate will be 12-13% during 2011-2015, 11-12% during 2016-2020, and 9.5-10% during 2021-2030; by 2015, Hanoi's average per-capita GDP will be about USD 4,100 -4,300 by 2015, about USD 7,100-7,500 by 2020, and about USD 16,000-17,000 by 2030 (according to actual prices). Its economy will be restructured toward services-industry and agriculture, with high-quality services playing a major role in the city's economic structure.

To social objects, the population will reach 7.2-7.3 million, 7.9-8 million and about 9.2 million by 2015, 2020 and 2030, respectively. The rate of trained labor will surpass 55% by 2015 arid reach 70-75% by 2020; regarding education and training development, the city will become a high-quality training center of the whole country and regional caliber. The percentage of schools (from preschools to upper secondary schools) reaching national standards will be 50-55% by 2015 and 65-70% by 2020; importance will be attached to career orientation, training, developing vocational training, particularly training of high-level technical workers to meet the Capital's economic development requirements and for labor export;

The total investment capital need is estimated at about VND 1,400-1,500 trillion according) actual prices (equivalent to USD 69-70 billion) in the 2011-2015 period and VND 2,500-2,600 trillion (equivalent to USD 110-120 billion).

THE PRIME MINISTER APPROVES THE STRATEGY FOR THE LAWYER PROFESSION DEVELOPMENT
THROUGH 2020
 

The Prime Minister issued the Decision No. 1072/QD-TTg dated July 05, 2011 of the Prime Minister approving the strategy for development of the lawyer profession through 2020 with a view to institutionalizing the Party's guidelines and policies on socio-economic development, building of a socialist law-governed state and judicial reforms.

Accordingly, By 2020, to have 18.000-20.000 lawyers practicing law in specialized legal fields: to raise quality of lawyers and law practice activities, and the position and role of lawyers in judicial proceedings, to step by step develop and expand the legal service market and create foundations for developing Vietnam's lawyer profession to regional and world levels.

By 2020, to develop around 12.000-20.000 lawyers, reaching the ratio of 1 lawyer to 4.500 people, increasingly meeting the needs for legal services of agencies, organizations, individuals and enterprises. Each locality with socio­economic difficulties will have between 30-50 lawyers for participation in 100% of criminal cases at the request of procedure-conducting agencies. The number of lawyers capable of providing consultancy and settling international trade disputes will be around 150.

Besides, it is necessary to increase retraining in professional operations, legal know ledge, professional skills, ethics and conduct, politics and ideology for lawyers; to adopt policies to attract professionally qualified lawyers with political and moral qualities for recruitment and appointment to judicial titles and other positions in state agencies;

To strive to have by 2020 around 30 law-practicing organizations with each having 50-100 lawyers and 100 lawyers or more specialized in foreign-involved investment, business and trade, including around 10 regionally and internationally known and prestigious ones. To have between 5-10 law-practicing organizations operating in localities with socio-economic difficulties.

It is known that over the recent lime, the contingent of Vietnamese lawyers has seen a fast development in quantity and quality and shown a higher professionalism in professional practice. At present, there are 62 bar associations in 63 provinces and cities nationwide with a total membership of over 6,250 lawyers and over 3.000 trainee lawyers who are working for nearly 2.750 law-practicing organizations, including around 10 specialized in foreign-involved business, trade and investment.

Regarding the participation in judicial proceedings, according to statistics of 6 years (2005-2010), Vietnamese lawyers had participated in over 85.000 criminal cases, 53,000 civil cases and matters, 3.500 economic cases and matters, 1.500 labor cases and matters and 2.800 administrative cases and mailers, assuring the adherence to the principle of oral argument at court hearings and importantly contributing to performing the central task of the judicial reform.

SUPPLEMENT INVOICES AND DOCUMENTS AFTER 72 HOURS
 

Joint-ministries: Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Public Security issued the Joint Circular No. 60/2011/TTLT-BTC-BCT-BCA dated May 12, 2011 guiding invoices and documents required for imports circulated in the market.

Accordingly, imports which are being transported en route, including imports which are preserved at warehouses, storing yards or other places, import dealers shall produce invoices and documents to prove their lawfulness upon request of inspection agencies.

For imports which are displayed for sale or preserved at warehouses or storing yards owned or used by import dealers (provided that warehouse or yard dealers have made business registration with competent agencies), import dealers shall produce invoices and documents to prove the lawfulness of these goods within 72 hours after goods are inspected.

In case inspection agencies have grounds to believe that goods are of unlawful origin though import dealers have produced adequate dossiers to prove their lawfulness, they shall check dossiers and verify the origin of these goods for handling according to law.

Imports on the list of those subject to conditional import must be accompanied with papers prescribed by competent agencies. In case these original papers have been submitted to customs agencies, their true copies certified by the import dealers are required.

For goods traded across the border, including goods imported via the border; goods brought into border markets, border-gate markets or markets in border-gate economic zones, import goods declarations containing the customs agency’s certification of completion of customs procedures are required.

BANKS VIOLATING INTEREST RATE FOR CAPITAL MOBILIZATION WILL BE SUSPENDED
FOR LENDING ACTIVITIES
 

Over the last time, most of credit institutions have had interest rate for Vietnam-dong and dollar capital mobilization higher than the fixed interest rate at the Circular No. 02/2011/TT-NHNN and the Circular No. 14/2011/TT-NHNN under various forms and solutions, serious scopes regulated in above Circulars have potential threats of risks for credit institutions.

Therefore, in order to stabilize market and create conditions for enterprises to approach the banking capital resources in production and business with suitable interest rate, the Governor of State Bank of Vietnam issued the Directive No. 02/CT-NHNN on reorganizing the implementation of regulations on interest rates of Vietnam-dong and dollar capital mobilization of credit institutions and foreign bank branches.

Accordingly, the Governor requires credit institutions and branches of foreign banks to implement the right interest rate for capital mobilization in accordance with regulations; to self-investigate, find out violations on interest rates for Vietnam-dong and dollar capital mobilization, to direct in reorganizing and having strict treatment on heads of branches, units of credit institutions where having violations and not complying with directives of the Governor of State Bank of Vietnam; at the same time, report to the State Bank of Vietnam.

The Banking Inspection and Supervision Agency and the State Bank of provinces and cities shall be responsible for organizing and remaining hotline to receive information from individuals and organization to have treatment in accordance with legal regulations; checking, investigating and supervising the implementation of regulations on interest rates for capital mobilization.

For credit institutions having violations of interest rate for capital mobilization, the State Bank of Vietnam applies handling measures as follows: Suspending or removing from post managers or executive officers of credit institutions; To restrict the expansion, scale and operation region of credit institutions within 01 (one) year from the handling date; To restrict or temporarily suspend the mobilization and lending activities of the unit having violations within the scope of that credit institution.