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In This Updates: |
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LAND – HOUSING |
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LAND - HOUSING |
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Circular No. 124/2016/TT-BTC dated August 03, 2016 of the Ministry of Finance guiding on management of proceeds from lease, lease-purchase and sale of State-owned dwellings; payment of monetary differences in renting public housing and management of proceeds from lease of public housing under the governments Decree No. 99/2015/ND-CP… |
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* Payment of monetary differences in renting public housing |
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COMMERCE |
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COMMERCE |
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Decree No. 115/2016/ND-CP dated July 08, 2016 of the Government on amending to the Decree No. 163/2013/ND-CP dated November 12, 2013 of the Government on penalties for administrative violations pertaining to chemicals, fertilizers and industrial explosives |
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* To fine to VND 20 million for advertising medical pesticide without an advertisement certificate |
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* Individuals in charge of supervision must have at least direct 3 years' experience |
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Joint Circular No. 90/2016/TTLT-BTC-BCT dated June 24, 2016 of the Ministry of Finance and the Ministry of Industry and Trade on amending a number of Articles of the Joint Circular No. 39/2014/TTLT-BCT-BTC on determination of basic prices, establishment, management and allocation of price stabilization funds and control of petrol and oil prices under the Government’s Decree No. 83/2014/ND-CP on petrol and oil business |
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* The retail prices of petrol and oil products shall not exceed 2% of the basic price |
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CRIMINAL |
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CRIMINAL |
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* On stay of the effective date of Penal Code |
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SUMMARY:
Ü LAND - HOUSING
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The Ministry of Finance issued the Circular No. 124/2016/TT-BTC dated August 03, 2016 guiding on management of proceeds from lease, lease-purchase and sale of State-owned dwellings; payment of monetary differences in renting public housing and management of proceeds from lease of public housing under the governments Decree No. 99/2015/ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Housing Law. In accordance with the regulations in this Circular, in cases where commercial houses are rented as public housing, but the rental price is higher than the amount that a tenant may afford to pay, (s)he shall not pay more than 10% of his/her salary received as of the date of renting of such public housing. Also in accordance with this Circular’s regulations, Pursuant to the decision on renting of commercial houses as public |
housing, issued by competent authorities, the host institutions where officers eligible for renting public housing shall notify the housing authority in writing of the rental payable and determination of the difference between the rental incurred from renting of commercial houses as public housing and the rental payable, and the amount subsidized by the state budget to cover such difference in accordance with relevant laws and regulations, in order to prepare and include them in the annual budget estimate of these institutions. Based on the budget estimate approved by competent authorities, the host institutions of officers renting public housing shall pay this difference on a monthly basis on the date of the State’s salary payment in accordance with laws and regulations, and complete preparation of final accounts of this difference in conjunction with the general financial report of these institutions. This Circular takes effect on September 19, 2016. |
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Ü COMMERCE
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In accordance with the Decree No. 115/2016/ND-CP, a fine of from VND 5 million to VND 10 million shall be imposed for advertising a domestic or medical pesticide or germicide against the advertisement certificate issued by the Ministry of Health and the fine for advertising is from VND 10 million to VND 20 million. Another important content is that a fine of from VND 01 million to VND0 2 million shall be imposed for selling less than 5 kilograms or 5 liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam. The maximum fine of VND 50 million for manufacturing, bottling, packaging a domestic or medical
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pesticide or germicide where a Certificate of free sale in Vietnam of such pesticide or germicide has not been granted. Also in accordance with this Decree, a fine of from VND 7 million to VND 10 million shall be imposed for failure to classify chemicals before using or selling chemicals according to regulations of law on labeling and classifying chemicals. A fine of from VND 5 million to VND 7 million shall be imposed for using or selling hazardous chemicals without a chemical safety note and a fine of from VND 1 million to VND 3 million shall be imposed for failure to write sufficient about hazardous chemicals on the chemical safety note. This Decree takes effect on September 15, 2016. |
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In accordance with the Circular No. 10/2016/TT-BKHDT dated July 22, 2016 of the Ministry of Planning and Investment on guidelines for supervision and inspection of bidding, an individual in charge of supervision must at least direct 3 years' experience in the following entities: Bidding management authorities; procuring entities; groups of specialists, assessment agencies. Besides, an individual in charge of supervision must obtain a certificate of training in bidding in accordance with law on bidding and achieve foreign language level that satisfy requirements for procurements under international bidding, procurements under projects funded by ODA and concessional loans by sponsors. |
All of inspectorate members must satisfy requirements and chief inspector must also have at least direct 5 years' experience in bidding. In the special case where it needs to have specialists’ opinions, the chief inspector shall request the head of the inspecting agency to add those specialists to the inspectorate. The specialist is not required to obtain a certificate of training in bidding. This Circular takes effect on September 09, 2016, this Circular shall replaces Circular No. 01/2011/TT-BKHDT dated January 4, 2011 on inspection of bidding. |
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On June 24, 2016, the Ministry of Finance and the Ministry of Industry and Trade issued the Joint Circular No. 90/2016/TTLT-BTC-BCT on amending a number of Articles of the Joint Circular No. 39/2014/TTLT-BCT-BTC on determination of basic prices, establishment, management and allocation of price stabilization funds and control of petrol and oil prices under the Government’s Decree No. 83/2014/ND-CP on petrol and oil business. Accordingly, from August 15, 2016, every distributor shall be entitled to decide the retail prices of petrol and oil products (wholesale price of mazut fuel) at regions distant from petrol and oil ports, wholesale warehouses and producing facilities to offset their incurring reasonable operating costs for selling petrol and oil in distant areas but the price shall not exceed 2% of the basic price published at the same time |
Regulated operating costs mean the wholesaler’s expenses for sale of petrol and oil on the domestic market applied to determine the basic price are: unleaded petrol: VND 1,050 /liter; E5 and E10 petrol: VND 1,250/liter; diesel fuel and kerosene: VND 950/liter; mazut fuel: VND 600/liter. In case of distance from ports, petrol and oil warehouses and producing facilities, if the reasonable audited regulated operating cost (for both wholesale and retail) is higher than that set above, the wholesaler shall be responsible for their income and shall be entitled to decide the selling price within the local area to offset their exceeding reasonable operating costs but the selling price shall not exceed 2% of the published priced at the same time. This Circular takes effect on August 15, 2016 |
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Ü CRIMINAL
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On June 29, 2016, the National Assembly issued the Resolution No. 144/2016/QH13 on stay of the effective date of Penal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, Law No. 94/2015/QH13 on Custody and Temporary Detention, and addition of the draft Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 to the 2016 law- and ordinance-making program. Accordingly, the Resolution decides to stay the effective date of Penal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Custody and Temporary Detention from July 1, 2016, to the date the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 takes effect; to continue to apply Penal Code No. 15/1999/QH10 (which was amended and supplemented under Law No. 37/2009/QH12), Criminal |
Procedure Code No. 19/2003/QH11, Ordinance No. 23/2004/PL-UBTVQH11 on Organization of Criminal Investigation (which was amended and supplemented under Ordinance No. 30/2006/PL-UBTVQH11 and Ordinance No. 09/2009/PL-UBTVQH12), the Government’s Decree No. 89/1998/ND-CP, promulgating the Regulation on custody and temporary detention (which was amended and supplemented under the Government’s Decree No. 98/2002/ND-CP and Decree No. 09/2011/ND-CP) until the effective date of the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13. To implement the provisions favorable to offenders in Clause 3, Article 7 of Penal Code No. 100/2015/QH13, and at Point b, Clause 1, Article 1 of Resolution No. 109/2015/QH13, on implementation of the Penal Code; and to continue to apply Clause 2, Article 1 and other provisions favorable to offenders in Resolution No. 109/2015/QH13 and shall be applicable from July 01, 2016. This Resolution takes effect on June 30, 2016. |
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