Legal Document Updates in English (35/2013)

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NUMBER

TITLE

 

In This Updates:

LAND – HOUSING

 

LAND - HOUSING

1

49/2013/QH13

Resolution No. 49/2013/QH13 of June 21, 2013, on extension of the duration of use of land for cultivation of annual crops, aquaculture or salt making of households and individuals

 

Allowed to cultivate annual crops upon the expiration of the land use duration

Page 2

INVESTMENT

 

INVESTMENT

 

2

103/NQ-CP

Resolution No. 103/NQ-CP dated August 29, 2013 of the Government on the orientation in increasing the efficiency in attracting, using and managing Foreign Direct Investment in the next time

 

Amending investment incentive policies in Vietnam

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

 

3

84/2013/TTLT-BTC-BCT-BGTVT

Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT dated June 25, 2013 of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport guiding the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system

 

The pilot application of the national single-window customs system

Page 2

NATURAL RESOURCES – ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

 

4

33/2013/QH13

Law No. 33/2013/QH13 dated June 19, 2013 of the National Assembly on Natural Disaster Prevention and Control

 

Information in natural disaster forecasts and warnings must be in Vietnamese

Page 3

CIVIL

 

CIVIL

5

35/2013/QH13

Law No. 35/2013/QH13 dated June 20, 2013 of the National Assembly on Grassroots Conciliation

 

Conciliators must obtain the consent of more than 50% of the household representatives

Page 3

 

SUMMARY:

Ü LAND - HOUSING


ALLOWED TO CULTIVATE ANNUAL CROPS UPON THE EXPIRATION
OF THE LAND USE DURATION
 

On June 21, 2013, the National Assembly approves the Resolution No. 49/2013/QH13 on extension of the duration of use of land for cultivation of annual crops, aquaculture or salt making of households and individuals.

In accordance with this Resolution, Upon the expiration of the land use duration households and individuals directly engaged in agricultural production, aquaculture or salt

 

making may continue to use the land until the Land Law (amended) is promulgated and takes effect. Then, the duration for use of land for cultivation of annual crops, aquaculture or salt making of households and individuals will comply with the amended Land Law.

This Resolution takes effect on October 1, 2013.

Ü INVESTMENT


AMENDING INVESTMENT INCENTIVE POLICIES IN VIETNAM
 

On August 29, 2013, the Government issues the Resolution No. 103/NQ-CP on the orientation in increasing the efficiency in attracting, using and managing Foreign Direct Investment in the next time.

Within that, one of solutions that the Government wants to focus on is to amend investment incentive policies to ensure the systematic characteristic from tax preference (Law on Enterprise Income Tax, Law on Export Tax and Import Tax), financial preferences to non-financial preferences; unify between tax policy and investment policy aiming to contribute in increasing the competition with other countries in region regarding FDI attraction; to adjust objects enjoyed tax preferences according to direction of attaching the preferences based on the prioritized sectors and fields with preferences based on various territories in order to promote division of labor between localities; to perform the selective investment preference conforming to new orientation for FDI attraction; research, supplement preferences for investment projects in industrial parks.

 

At the same time, to step up land auction and bidding; to review and classify all projects using land; resolutely recover areas of land, water surface assigned to enterprises, including enterprises with FDI capital but not be used or used ineffectively for auction, bidding or assigning to potential investors to carry out investment, using more effectively; and to research, amend and supplement some provisions in Law on business in real estate in direction of increasing the rate of equity capital of investors; to expand scope of business in real estate for foreign investors; to supplement provisions on form of contributing capital by right to develop the project,…

Besides, to define more clearly characteristics of investment procedures and conditions for foreign investors in order to facilitate more for investors through the transparency of procedures; and ensure efficiency of state management on investment.

Ü EXPORT - IMPORT


THE PILOT APPLICATION OF THE NATIONAL SINGLE-WINDOW CUSTOMS SYSTEM
 

On June 25, 2013, the Joint – Ministries of Finance, Industry and Trade and Transport issues the Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system.

At this Circular, the Joint-Ministries  provides a list of administrative procedures applying the national single-window customs system on a pilot basis (below referred to as single-window administrative procedures) including single-window administrative procedures of the Ministry of Finance; single-window administrative procedures of the Ministry of Industry and Trade; and single-window administrative procedures of the Ministry of Transport.

The Circular also explain clearly that the national single-window customs system is an integrated system consisting of the national single-window portal, the customs clearance system of the customs, licensing systems of the Ministry of Industry and Trade, the communication system of the Ministry of Transport and other information technology systems (below referred to as specialized processing systems).

Within that, the single-window customs administrative procedures and the

 

exchange of information between processing agencies through the national single-window portal  shall be are carried out in 04 steps such as declarants and processing agencies send information on the single-window customs administrative procedures to the national single-window portal; the national single-window portal receives and forwards information to specialized processing systems; processing agencies receive and process information, notify the status of information receipt/processing and processing results to the national single-window portal; the national single-window portal notifies the status of information receipt/processing and processing results to declarants and involved specialized processing systems.

This Circular is applicable for enterprises having imports and exports or vehicles on entry or exit or in transit; and organizations and persons involved in import and export activities and vehicles on entry or exit or in transit that choose to carry out single-window administrative procedures through the national single-window portal and meet the conditions on information technology and technical requirements.

This Circular takes effect on August 28, 2013.

Ü NATURAL RESOURCES - ENVIRONMENT


INFORMATION IN NATURAL DISASTER FORECASTS AND WARNINGS
MUST BE IN VIETNAMESE
 

In accordance with the Law No. 33/2013/QH13 on Natural Disaster Prevention and Control approved by the National Assembly on June 19, 2013, information, communication and education about natural disaster prevention and control aim to provide knowledge about types of natural disasters, impacts of natural disasters, measures to prevent and control natural disasters, responsibilities of organizations and individuals in natural disaster prevention and control activities, and relevant laws.

Principal contents of a bulletin on natural disaster forecasts and warnings include a bulletin on meteorological, hydrographical and oceanographic forecasts and warnings about natural disasters must have information on the type of natural disaster, intensity and level of natural disaster risk, current location and coordinates, and forecast of natural disaster developments; and an bulletin on earthquakes and tsunami forecasts and warnings must have information on the location, intensity and level of risk of, and the extent of impacts caused by earthquakes; forecasts of the starting location, possibility, height, level of risk and direction of, and areas affected by, tsunamis.

 

Besides, the contents of a document to direct and command response to natural disasters must conform to the contents of the bulletin on natural disaster forecasts and warnings and actual developments of natural disasters in localities; natural disaster response and search and rescue measures; and the means for transmitting and broadcasting documents to direct and command response to natural disasters include fax, short message service (SMS), television, radio, early warning system, direct transmission, and other forms.

Also in accordance with this Law, owners of ships and boats operating on the sea and rivers shall fully equip appropriate lifebuoys and communication and signaling devices; promptly provide accurate information on the positions and state of their operating means to local administrations and functional agencies when natural disasters occur; when encountering other ships and boats in distress, they shall promptly render salvation, search and rescue, or notify such by all means to the search and rescue agency in case the incident is beyond their capacity;

This Law takes effect on May 1, 2014.

Ü CIVIL


CONCILIATORS MUST OBTAIN THE CONSENT OF MORE THAN 50%
OF THE HOUSEHOLD REPRESENTATIVES
 

On June 20, 2013, the XIIIth National Assembly formally approve the Law No. 35/2013/QH13 on Grassroots Conciliation provides the principles and the State’s policies on grassroots conciliation, conciliators and conciliation teams; grassroots conciliation activities; and responsibilities of agencies and organizations in grassroots conciliation activities (excluding Conciliation activities of courts and arbitrations, commercial conciliation, labor conciliation and conciliation at People’s Committees of communes, wards or townships).

Within that grassroots conciliation means the process whereby conciliators guide and assist the involved parties in reaching agreement on voluntary settlement between themselves of conflicts, disputes or law violations and persons elected to be conciliators must be Vietnamese citizens residing at the grassroots, voluntarily participate in grassroots conciliation activities and meet the criteria such as having good moral quality; having prestige in the residential communities and having capability to persuade and agitate people; having legal knowledge.

Heads of the Front Working Boards shall assume the prime responsibility for, and

 

coordinate with village chiefs or heads of street residential groups in, organizing the election of conciliators in villages or street residential groups by public voting or secret ballots at meetings of household representatives and distributing opinion cards to households. Persons proposed for recognition as conciliators must obtain the consent of more than 50% of the household representatives in the village or street residential group.

The Law also promulgates clearly that conciliators shall have the rights to conduct grassroots conciliation activities; to request parties to provide documents and information relating to cases or matters to be conciliated; to participate in activities of conciliation teams, discuss and decide on contents and mode of operation of these teams; to be trained in legal knowledge and conciliation skills; to be provided with documents relating to conciliation activities; to enjoy remunerations according to conciliated cases and matters; to be commended and rewarded according to the law on emulation and commendation and so on.

This Law takes effect on January 1, 2014.

 

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