Legal Document Updates in English (35/2016)

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: www.english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

03/2016/NQ-HDTP

Resolution No. 03/2016/NQ-HDTP dated August 26, 2016 of the Council of Justices guiding the implementation of a number of articles of the law on bankruptcy

 

{C}{C}* Guidance on complicated bankruptcy cases

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

2

16/2016/TT-BCT

Circular No. 16/2016/TT-BCT dated August 19, 2016 of the Ministry of Industry and Trade application of import tariff-rate quotas for unmanufactured tobacco and poultry eggs originated from member states of Eurasian economic union in 2016

 

{C}{C}* The tariff-rate quota applied to imported unmanufactured tobacco from member states of Eurasian economic union shall be 500 tons

Page 2

TRANSPORT

 

TRANSPORT

3

22/2016/TT-BGTVT


Circular No. 22/2016/TT-BGTVT dated September 01, 2016 of the Ministry of Transport on regulations on management of activities of seaplanes, seaplane bases, water areas for takeoffs and landings

 

{C}{C}* Regulations on management of activities of seaplanes

Page 2

ADMINISTRATIVE

 

ADMINISTRATIVE

4

34/2016/QD-TTg

Decision No. 34/2016/QD-TTg dated August 23, 2016 of the Prime Minister on regulations on e-procedures for boats, ships’ entry, exit from seaports, inland ports, offshore oil ports via national single-window system

 

{C}{C}* E-permits for ships’ entry into seaports, inland ports

Page 3

EXPORT – IMPORT

 

EXPORT – IMPORT

5

1722/QD-TTg

Decision No. 1722/QD-TTg dated September 02, 2016 of the Prime Minister on approving the national target program for sustainable poverty reduction during 2016 - 2020

 

{C}{C}* To 2020, reduce the rate of poor households nationwide about 1% - 1.5%/year

Page 3

SUMMARY:

Ü  ENTERPRISE


GUIDANCE ON COMPLICATED BANKRUPTCY CASES

In accordance with the Resolution No. 03/2016/NQ-HDTP dated August 26, 2016 of the Supreme People’s Court ‘ s Council Of Justices guiding the implementation of a number of articles of the law on bankruptcy, In course of settling bankruptcy cases, judges must consider applying precedents recognized by the Council of Justices of the Supreme People’s Court as regulated in the Resolution No. 03/2015/NQ-HDTP; at the same time, judges may refer to the Court’s bankruptcy decision, which has been already in force, or case precedents which are analogous to the case currently being handled, in order to ensure the consistent application of laws to the handling of bankruptcy cases.

Besides, the Resolution also has regulations on complicated bankruptcy cases. Accordingly, complicated bankruptcy cases includes bankruptcy cases other than those mentioned in Points a, b, c Clause 1 Article 8 of the

 

Law on bankruptcy, and cases where an enterprise or co-operative requested to initiate bankruptcy proceedings has at least 300 (three hundred) employees, or has at least VND 100,000,000,000 (one hundred billion dongs) of charter capital of; is a credit institution, or a business or co-operative providing public utility products and services, or a business servicing national defense and security defined in laws; is a state corporation, general company or a foreign-invested business; has debts guaranteed by the Government or gets involved in the implementation of international treaties to which the Socialist Republic of Vietnam is a signatory, or written agreements on investment with foreign agencies or organizations; and has a transaction subject to any claim for being declared invalid as referred to in Article 59 of the Law on bankruptcy.

This Resolution takes effect on September 16, 2016.

Ü  EXPORT – IMPORT


THE TARIFF-RATE QUOTA APPLIED TO IMPORTED UNMANUFACTURED TOBACCO
FROM MEMBER STATES OF EURASIAN ECONOMIC UNION SHALL BE 500 TONS

This is the content prescribed at the Circular No. 16/2016/TT-BCT dated August 19, 2016 of the Ministry of Industry and Trade application of import tariff-rate quotas for unmanufactured tobacco and poultry eggs originated from member states of Eurasian economic union in 2016.

In particular, in 2016, the tariff-rate quota applied to imported poultry eggs including birds’ eggs, in shell, fresh, preserved or cooked shall be 8,000 dozens; The tariff-rate quota applied to imported unmanufactured tobacco (including) shall be 500 tons. Within that, imported goods

 

 

must be enclosed with certificates of origin issued by competent authorities of member states of Eurasian Economic Union. With regard to unmanufactured tobacco, only Vietnamese traders who can present permits to import unmanufactured tobacco. The quantity of imported goods shall be deducted from the import tariff-rate quota under the permit granted by Ministry of Industry and Trade.

This Circular takes effect on October 05, 2016 to December 12, 2016.

Ü  TRANSPORT


REGULATIONS ON MANAGEMENT OF ACTIVITIES OF SEAPLANES

On September 01, 2016, the Ministry of Transport issued the Circular No. 22/2016/TT-BGTVT on regulations on management of activities of seaplanes, seaplane bases, water areas for takeoffs and landings, accordingly, seaplanes refer to the special-use planes designed for taking off, landing, moving on stretches of land or open water.

This Circular points out clearly that, Seaplanes shall be allowed to take off and land on seaplane bases, water areas for takeoffs and landings which have been granted certificates of registration of special-use airports, certificates of operation of special-use airports and established

 

according to the Law on Civil Aviation. Activities of seaplanes on water shall be placed under the management of port authorities, inland waterway port authorities, Services of Transport where seaplane bases, water areas for takeoffs and landings are established and operate according to laws.

Seaplanes shall be defined as boats, ships, inland watercraft when they operate on water, be allowed to enter, leave seaports, inland ports, wharves (herein ‘ports’) and compliant with regulations on management of watercraft’s entry, exit from ports.

This Circular takes effect on November 01, 2016.

Ü  ADMINISTRATIVE


E-PERMITS FOR SHIPS’ ENTRY INTO SEAPORTS, INLAND PORTS

The Prime Minister issued the Decision No. 34/2016/QD-TTg dated August 23, 2016 on regulations on e-procedures for boats, ships’ entry, exit from seaports, inland ports, offshore oil ports via national single-window system.

In accordance with this decision, two hours at the latest before arrival of ships at pilot boarding area; Vietnamese and Cambodian inland watercraft’s entry into Vietnamese seaports, inland ports must process the e-procedures performed via national single-window system. 30 minutes at the latest since the declarant completes e-declaration and presentation of documents as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue e-permits for departures through NSW portal.

Similarly, Time limits for submission of documents: 02 hours at the latest before departures for e-procedures for Vietnamese and Cambodian inland watercraft’s exit from Vietnamese seaports, inland ports.  30 minutes at the latest since the declarant completes e-declaration and presentation of documents as prescribed, based on feedback from relevant agencies, port authorities shall

 

check information about ships and crew to issue e-permits for departures through NSW portal.  If a watercraft stays at the port for more than 24 hours since its departure is accepted, procedures for departure shall be carried out again.

On e-procedures for foreign ships in transit, Time limits for provision of information about ship’s security notification: 24 hours at the latest before expected arrival of ships at ports; notice of transit: 12 hours at the latest since expected arrival of ships at an anchorage waiting for transit; notice of transit: two hours at the latest before expected arrival of ships at pilot boarding area; time limits for provision of information about cargo manifest, house bill of lading: 12 hours at the latest before expected arrival of ships at an anchorage waiting for transit with regard to shipments taking less than five days; 24 hours at the latest before expected arrival of ships at the anchorage waiting for transit for other shipments… E permit shall be issued within one hour at the latest since all the documents are presented.

This Decision takes effect on November 15, 2016

Ü  TRANSPORT


TO 2020, REDUCE THE RATE OF POOR HOUSEHOLDS NATIONWIDE
ABOUT 1% - 1.5%/YEAR

On September 02, 2016, the Prime Minister signed the Decision No. 1722/QD-TTg  on approving the national target program for sustainable poverty reduction during 2016 – 2020; with the objectives to achieve sustainable poverty reduction objectives and prevent poverty relapse; make contribution to the economic growth, guarantee social security benefits, improve the life, increase income of people, especially people in poor regions, facilitate the poor and poor households in accessing basic social services…

The Program set the specific objectives such as reduce the rate of poor households nationwide about 1% - 1.5%/year (particularly, reduce the rate of poor districts and communes about 4%/year, and that of poor households in ethnic minority areas about 3% - 4%/year) according to the poverty line by the multidimensional approaching methods employed during 2016 – 2020; improve economic conditions and the quality of life of the poor, make the per capita income of poor households nationwide increase 1.5 times by 2020 in comparison with that at the end of 2015; make investment in infrastructure to serve the production

 

development and the people’s livelihood in districts/communes/hamlets under the Program in conformity with the residential area planning and production planning for effectively serving the life and production development of people.

The Program’s projects include Investment in infrastructure in poor districts, in extreme difficulty-hit communes in alluvial and coastal regions and on islands; Support for production development, livelihood diversification and development of poverty reduction model in poor districts and extreme difficulty-hit communes in alluvial and coastal regions and on islands; Support for workers of poor households, nearly poor households and ethnic minority households to work for fixed term abroad…

The Program shall be executed nationwide; resources of the Program shall be firstly used to make investment in poor districts/communes. The total expenditure for executing the Program: VND 48,397 billion.

This Decision takes effect on the signing date.

 

 

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82 -  Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
                       Tel: 04.37833688 (Ext 518) - Fax: 04.37833699
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
                       Tel: (
08) 399 507 24 - Fax: (08) 399 507 27
Email: [email protected]

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.

Rate:
(0 rated)
For further support, please call 19006192

SAME CATEGORY

See more