Legal Document Updates in English (34/2015)

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NUMBER

TITLE

 

In This Updates:

INVESTMENT

 

INVESTMENT

1

59/2015/ND-CP

Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on management of construction investment projects

 

Conditions on construction practice certificates

Page 2

TRANSPORT

 

TRANSPORT

2

66/2015/ND-CP

Decree No. 66/2015/ND-CP dated August 12, 2015 of the Government on regulations on aviation authorities

 

The Civil Aviation Authorities are the aviation authorities

Page 2

INFORMATION – COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

3

18/2015/TTLT-BTTTT-BTC

Joint Circular No. 18/2015/TTLT-BTTTT-BTC dated July 17, 2015 of the Ministry of Information and Communications and the Ministry of Finance guiding the case of postal parcels without recipients

 

Public information on postal parcels without recipients

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

4

872/QD-TTg

Decision No. 872/QD-TTg dated June 17, 2015 of the Prime Minister approving the adjusted master plan on socio-economic development of Thanh Hoa province through 2020, with orientations toward 2030

 

By 2020, Thanh Hoa will become an industrial province

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

5

17/2015/QD-TTg

Decision No. 17/2015/QD-TTg 17/2015/QD-TTg dated June 09, 2015 of the Prime Minister promulgating the Regulation on protection forest management

 

Forest zones with total area of 3,000 hectares or more must establish protection forest management boards

Page 3

 

SUMMARY:

 

Ü INVESTMENT


CONDITIONS ON CONSTRUCTION PRACTICE CERTIFICATES
 

On June 18, 2015, the Government issued the Decree No. 59/2015/ND-CP on management of construction investment projects, within that the important regulations is that construction practice certificates shall be granted to Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam for them to hold certain titles or perform tasks for certain title holders or work as independent practitioners as prescribed.

An individual shall be granted a construction practice certificate if he/she has full civil act capacity as prescribed by law; possessing a residence permit in Vietnam, for foreigners and overseas Vietnamese; and possesses trained qualifications and working time and experience relevant to the practice certificate applied for Class I: Possessing a bachelor’s degree in a relevant specialty and at least 7 (seven) years’ experience of work relevant to the practice certificate applied for; Class II: Possessing a bachelor’s degree in a relevant specialty and at least 5 (five) years’ experience of work relevant to the practice certificate applied for; and Class III: Possessing relevant professional qualifications and at least 3 (three) years’ experience of work relevant to the practice certificate applied for, for those who possess a bachelor’s degree; or at least 5 (five) years’ experience of work relevant to the practice certificate applied for, for those who possess a college or professional secondary school degree.

The construction practice certificate must be valid for 5 (five) years at most. When it expires, procedures shall be

 

carried out for re-grant. Construction practice certificates already granted by competent state agencies may be further used until they expire. Conversion of these practice certificates before their expiry dates must comply with this Decree. After March 1, 2016, individuals who need to use practice certificates shall carry out the application procedures.

Foreigners or overseas Vietnamese who possess practice certificates granted by a foreign agency or organization and conduct construction activities in Vietnam for under 6 (six) months shall be allowed to practice construction activities. An individual who conducts construction activities in Vietnam for 6 (six) months or longer must have his/her construction practice certificate changed at the Ministry of Construction. The other important content is on Posting of information on capacity of organizations participating in construction activities, organizations participating in construction activities shall provide their construction capacity information to specialized construction agencies for posting on these agencies’ websites. Information about construction capacity serving as the basis for the selection of organizations and individuals participating in construction activities includes construction planning; construction investment project formulation and appraisal; construction investment project management; construction cost management of construction investment projects using state budget funds….

This Decree takes effect on August 05, 2015.

Ü TRANSPORT


THE CIVIL AVIATION AUTHORITIES ARE THE AVIATION AUTHORITIES
 

At the Decree No. 66/2015/ND-CP dated August 12, 2015 on regulations on aviation authorities, the Government prescribed that the Civil Aviation Authorities of Viet Nam under the Ministry of Transport as aviation authorities, therefore when performing duties and powers, the aviation authorities shall use the seal of the Civil Aviation Authorities of Viet Nam and the international transaction name as “Civil Aviation Authorities of Vietnam”

Aviation authorities have duties and powers such as issuing directives and precepts to ensure the compliance with regulations on aviation safety, security and maintain synchronous operation of air transport lines; taking emergency measures, including deciding the suspension of flight activities at airport in case of necessity due to natural disaster or airport emergency; suspending the operation of aircraft operator and specialized aviation services; suspending flight and operation of aircraft, specialized

 

 

aviation means and equipment in case of threat of air safety or aviation security; suspending operation of aviation staff in case of breaching regulations on ensuring aviation safety and security or hindering aviation transportation activities…

Besides, the aviation authorities also responsible for establishing reporting system of aviation incidents and accidents in aviation sector; aggregating, analyzing report and assessing aviation incidents and accidents; investigating, analyzing, verifying and assessing situations of threat of air safety or aviation security, aviation incidents and accidents and directing and monitoring the handling and overcoming of situations of threat of air safety or aviation security, aviation incidents and accidents; issuing necessary recommendations and directives in order to prevent and stop such aviation incidents and accidents.

This Decree takes effect on October 01, 2015.

Ü INFORMATION - COMMUNICATIONS


PUBLIC INFORMATION ON POSTAL PARCELS WITHOUT RECIPIENTS
 

Businesses shall publicly disclose information about undeliverable parcels at post offices at provincial and municipal level, and on the website of businesses within three months at the latest is the important content prescribed at the Joint Circular No. 18/2015/TTLT-BTTTT-BTC dated July 17, 2015 of the Ministry of Information and Communications and the Ministry of Finance guiding the case of postal parcels without recipients.

Information to be disclosed shall include number sign of parcels (if any); date of acceptance of parcels (date stamp or information about time of acceptance of parcels as foundations for determination of acceptance date); post offices that accept parcels; full name and address of senders, recipients; weight of parcels (if any); reasons for being undeliverable and not returnable;

 

When opening parcels without recipients and finding address or information about senders, recipients, the Council shall hand over such parcels to the business for delivery to service users. In case it is undeliverable, the Council shall make decision on the way of handling. Parcels without recipients shall be handed over to relevant competent state agencies originals of papers issued by competent state agencies; assign money contained in parcels without recipients to the business for accounting according to law provisions; assign articles or goods items contained in parcels without recipients to the business for sale, destruction, charity or handling.

The Joint Circular supersedes the Joint Circular No. 03/2004/TTLT-BBCVT-BTC dated November 29, 2004 and takes effect on September 15, 2015.

Ü ECONOMIC – SOCIAL POLICIES


BY 2020, THANH HOA WILL BECOME AN INDUSTRIAL PROVINCE
 

To strive for fast socio-economic development, step by step create changes in the economy’s growth quality and competitiveness. By 2020, Thanh Hoa will become an industrial province with a rational economic structure and a synchronous and modern socio-economic infrastructure, on June 17, 2015, the Prime Minister signed the Decision No. 872/QD-TTg approving the adjusted master plan on socio-economic development of Thanh Hoa province through 2020, with orientations toward 2030.

At the Decision, the Prime Minister suggest  on regions prioritized for development, to develop motive-force economic regions, including the Nghi Son economic zone, Thanh Hoa city-Sam Son, Lam Son-Sao Vang, and Bim Son-Thach Thanh. In the 2016-2020 period, to focus investment on infrastructure of the Nghi Son economic zone and Thanh Hoa city-Sam Son, step by step invest in developing Bim Son-Thach Thanh region and the Lam Son-Sao Vang industrial park associated with the establishment of Lam Son-Sao Vang urban center. To attach importance to agriculture and rural development, especially in mountainous areas and poor districts, and focus on production development to reduce poverty sustainably and build new countryside.

 

On industrial development, to restructure the industrial sector in the direction of reducing the proportion of mining and construction material production industries and environmentally unfriendly sectors and increasing the proportion of products with hi-tech contents, intensive and environment-friendly production for export. It is planned that, to 2020, the annual average gross regional domestic product (GRDP) will be 12-13%, the average per-capita GRDP will be USD 3,600 or more; residents’ income in 2020 will be a 4.4 fold increase over 2010. The agriculture-forestry-fisheries sector will make up 12.1%; the industry-construction sector, 53.7%; and the service sector, 34.2% of the economic structure. The total export value will exceed USD 1.9 billion. The society’s total development investment capital will exceed VND 610 trillion. The rate of trained laborers will reach 70%, more than 25% of whom are diploma or certificate holders. To annually create more than 650,000 jobs. The rate of agricultural laborers will be 35-38%...

This Decision takes effect on the signing date.

Ü AGRICULTURE - FOREST


FOREST ZONES WITH TOTAL AREA OF 3,000 HECTARES OR MORE
MUST ESTABLISH PROTECTION FOREST MANAGEMENT BOARDS
 

This is the main content prescribed at the Decision No. 17/2015/QD-TTg dated June 09, 2015 of the Prime Minister promulgating the Regulation on protection forest management.

In accordance with this Decision, provincial-level People’s Committees shall decide to establish protection forest management boards according to current regulations of the State when concentrated watershed protection forest zones have an area of 5,000 hectares or more; concentrated waterbreak and sea encroachment prevention forest zones or wind- and sand-breaking forest protection forest zones have a an area of 3,000 hectares or more; scattered but important watershed protection forest zones have a total area of 5,000 hectares or more within the administrative boundary of a province; scattered but important waterbreak and sea encroachment prevention, wind- and sand-breaking forest zones have a total area of 3,000 hectares or

 

more within the administrative boundary of a province and in special cases in which protection forest zones do not have the area as specified at Point a or b of this Article but it is necessary to establish a protection forest management board, such establishment must obtain written approval of the Ministry of Agriculture and Rural Development.

Besides, the Decision also prescribes on criteria for formation of protection forest zones. The area of land under forest trees must make up at least 70% of the total area of a protection forest zone; the area of full forest coverage must be at least 0.5 hectares. A forest strip must be at least 20 meters wide and have at least 3 rows of trees; and it must be an eco-system which is composed mainly of perennial woody plants, areca, bamboo and neohouzeaua with a height of at least 5 meters (except some plants of coastal mangrove forests)….

This Decision takes effect on July 30, 2015.

 

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