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In This Updates: |
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CONSTRUCTION |
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CONSTRUCTION |
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* Functions and organizational structure of the Ministry of Construction |
Page 2 |
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NATURAL RESOURCES - ENVIRONMENT |
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NATURAL RESOURCES - ENVIRONMENT |
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Decree No. 82/2017/ND-CP dated July 17, 2017 of the Government on providing the calculation method and charge for granting water right |
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* Charge for granting water right |
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ADMINISTRATIVE VIOLATIONS |
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ADMINISTRATIVE VIOLATIONS |
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Decree No. 90/2017/ND-CP dated July 31, 2017 of the Government on penalties for administrative violations against regulations on veterinary medicine |
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* To impose VND 25 million for soaking animal products in chemicals |
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INDUSTRY |
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INDUSTRY |
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4 |
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* The industrial cluster development plan formulated for a period of 10 years |
Page 3 |
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JUSTICE |
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JUSTICE |
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5 |
Law No. 11/2017/QH14 dated June 20, 2017 of the National Assembly on Legal Aid |
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* 14 objectives receive legal aid beneficiaries |
Page 3 |
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SUMMARY:
Ü CONSTRUCTION
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On July 17, 2017, the Government issued the Decree No. 81/2017/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Construction; replaces the Government’s Decree No. 62/2013/ND-CP of June 25, 2013. Accordingly, the Ministry of Construction is a governmental agency performing the function of state management of construction planning and architecture; construction investment; urban development; technical infrastructure; housing; public offices; the real estate market; building materials; and state management of public services in the fields under its state management as prescribed by law. On organizational structure, the Ministry of Construction owns 17 units which support the Minister performing the state management function, including The Planning-Finance Department; The Organization and Personnel Department; The Ministry Office; The Construction Economics Agency; The Construction Management
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Agency; The State Agency for Construction Quality Inspection; The Housing and Real Estate Management Agency…and 08 other non-business units attached to the Ministry, including The National Architecture Institute; The National Institute for Urban and Rural Planning; The Construction Newspaper; The Construction Journal… The Planning and Finance Department and the Organization and Personnel Department have 4 sections each; the Ministry’s Office has 8 sections; and the Ministry’s Inspectorate has 9 sections. The Construction Economics Agency has 3 sections; the Construction Management Agency, the Southern Affairs Agency and the Urban Development Agency have 4 sections each; the Technical Infrastructure Agency has 5 sections; the State Agency for Construction Quality Inspection has 6 sections; and the Housing and Real Estate Management Agency, 7 sections. This Decree takes effect on the signing date |
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Ü NATURAL RESOURCES - ENVIRONMENT
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Decree No. 82/2017/ND-CP on providing the calculation method and charge for granting water right issued by the Government on July 17, 2017, takes effect on September 01, 2017. Accordingly, the collection rate of charge for granting water right (M) is determined according to the purpose of exploitation, ranges from 0.1% to 2.0% and is detailed. Grounds for calculation of charge for granting water right includes water uses; the water quality which is determined according to water zoning or water function zoning in the water resources planning; In case the water resource planning is unavailable or the planning does not include water zoning contents, the actual quality of water source as |
prescribed in the national technical regulation on quality of surface water and underground water shall be considered; type of water source to be exploited, including: Surface water or underground water; conditions of exploitation; exploitation scale; duration of exploitation which is determined according to the duration specified in the license to exploit and use water resources. The Decree also points out clearly that charge for granting water right shall be annually paid according to the amount specified in the decision on approval for charge for granting water right. Each license holder shall, depending on its capacity, make monthly or quarterly or annual payment to the State Treasury at the province or city where the water exploitation work is located. |
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Ü ADMINISTRATIVE VIOLATIONS
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From September 15, 2017, the penalties for administrative violations against regulations on veterinary medicine shall be applicable with the Decree No. 90/2017/ND-CP issued by the Government on July 31, 2017. This Decree prescribes that a fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed if slaughter animals or collect aquatic animals/animal products to use as food before the expiration of withdrawal period according to the instruction; put water or other substances into animals before the slaughter. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for soaking animal products in chemicals. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed if produce, prepare, process or trade in animal products carrying substances banned from using in animal husbandry or veterinary medicine; slaughter the animals |
infected with the diseases or trade in animal products carrying pathogens on the List of animal diseases banned from slaughtering/treatment. At the same time, a fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for transport, storage or slaughter of animals, which have administered the tranquilizer inconsistently with the instructions of drug manufacturer or the competent veterinary authority, to use as food. Also in accordance with the Decree, a fine ranging from VND 600,000 to VND 800,000 shall be imposed if failure to vaccinate against rabies for animals subject to compulsory vaccination; failure to muzzle a dog or failure to put a dog on a chain or lead a dog at public places. This Decree takes effect on September 15, 2017. |
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Ü INDUSTRY
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On August 31, 2017, the Ministry of Industry and Trade issued the Circular No. 15/2017/TT-BCT guiding the implementation of the Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government on management and development of industrial clusters. This Circular points out clearly that the industrial cluster development plan is formulated on a provincial scale and classified in the group of plans for production infrastructure structures for a period of 10 years with a vision for the following 10 years. The Plan shall be adjusted every 5 years. In necessary cases, the Provincial-level People’s Committee may discuss and reach an agreement on adjustment of the Plan with Ministry of Industry and Trade. The Plan dossier includes the draft request for approval for the Plan made by the Provincial Department of Industry and Trade; the draft of the Decision on approval for the Plan; the reports on the Plan completion after obtaining opinions |
from relevant agencies; the reports on collection and explanation about opinions given by relevant provincial-level departments/agencies, District-level People’s Committees, entities and individuals; the written opinions given by relevant provincial-level departments/agencies, District-level People’s Committees, entities and individuals; the Decision on approval for the outline and cost estimate; and other documents (if any). After completing the Plan dossier, the Provincial Department of Industry and Trade shall request the Provincial-level People’s Committee to establish the Plan Appraisal Board. The Provincial Department of Industry and Trade shall assume responsibility to send the Plan dossier to all members of the Appraisal Board at least 05 working days before the date on which the meeting is organized to appraise the Plan dossier. This Circular takes effect on October 16, 2017. |
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Ü JUSTICE
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Law on Legal Aid No. 11/2017/QH14 passed by the National Assembly on June 20, 2017 prescribed in details on 14 legal aid beneficiaries instead of 04 beneficiaries as in previous regulations. Legal aid beneficiaries includes people with meritorious service to the revolution; members of poor households; children; ethnic minority people residing in areas with extremely difficult socio-economic conditions; the accused who are aged between full 16 years and under 18 years; the accused who are members of households living just above the poverty line; people experiencing financial difficulties who fall into one of the following cases: Natural parents, spouses or children of fallen heroes or persons nurturing fallen heroes during their childhood; Agent orange victims; The elderly; People with disabilities; Victims in criminal cases who are aged between full 16 years and under 18 years; Victims of domestic violence cases or |
matters; Victims of human trafficking under the Law on Human Trafficking Prevention and Combat; HIV-infected people. The Government shall detail financial-difficulty conditions of legal aid beneficiaries prescribed in this Clause in conformity with socio-economic conditions. Legal aid beneficiaries have rights to to request confidentiality of contents of legal aid cases or matters; To select a local legal aid-providing organization or person on the announced list; to request the replacement of a legal aid-providing person who falls into one of the cases; to modify or withdraw legal aid requests. However, this Law requires the legal aid beneficiaries to refrain from requesting other legal aid-providing organizations to provide legal aid for the case or matter currently accepted and settled by a legal aid-providing organization. This Law takes effect on January 01, 2018; replaces the Law on Legal Aid No. 69/2006/QH11. |
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