Legal Document Updates in English (36/2017)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

88/2017/TT-BTC


Circular No. 88/2017/TT-BTC dated August 08, 2017 of the Ministry of Finance guiding financial mechanism to implement the Scheme for training and re-training of human resources of science and technology in the country and foreign countries by the state budget

 

* Scheme for training and re-training of human resources of science and technology

Page 2

2

1255/QD-TTg

Decision No. 1255/QD-TTg dated August 21, 2017 of the Prime Minister on approving the Scheme of completion of the legal framework on management of virtual assets, digital currencies and virtual currencies

 

* Shall have regulations on management of virtual assets, digital currencies and virtual currencies

Page 2

MEDICAL - HEALTH

 

MEDICAL - HEALTH

3

106/2017/ND-CP

Decree No. 106/2017/ND-CP dated September 14, 2017 of the Government amending, supplementing a number of articles of the Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business

 

* Tobacco business is the business needs conditions

Page 2

INDUSTRY

 

INDUSTRY

4

16/2017/TT-BCT

Circular No. 16/2017/TT-BCT dated September 12, 2017 of the Ministry of Industry and Trade on on project development and model power purchase agreements applied to solar power projects

 

* Conditions for investing in solar power projects

Page 3

JUSTICE

 

JUSTICE

5

102/2017/ND-CP


Decree No. 102/2017/ND-CP dated September 01, 2017 of the Government on registration of security interests

 

* 4 methods for registration of security interests

Page 3

 

 

SUMMARY:

 

Ü  FINANCE - BANKING        


SCHEME FOR TRAINING AND RE-TRAINING OF HUMAN RESOURCES
OF SCIENCE AND TECHNOLOGY
 

At the Circular No. 88/2017/TT-BTC, the Ministry of Finance guiding financial mechanism to implement the Scheme for training and re-training of human resources of science and technology in the country and foreign countries by the state budget at the Decision No. 2395/QD-TTg dated December 25, 2015.

Accordingly, learners that are selected for postdoctoral re-training in the country having the maximum supported amount is 200 million dong/re-training course.  In the case of long term training, re-training (over 6 months) in foreign countries, learners shall be supported with expenses for training, re-training , implementing the task of doing the research and other expenditures related to the training and re-training courses (if any); expenses for passports, visa; subsistence fees; compulsory health insurance; round-trip flight tickets (Economy class); trip fee.

Expenses for doing research shall be applied for forms of training, retraining specialists, research group and long  

 

term postdoctoral re-training in foreign countries.  To support 300 USD/person/month at most for individuals sent for postdoctoral training, retraining; 1000 USD/month for research group sent for training, re-training in the group; o support 100% of expense for publishing the research results on prestigious scientific journals; 100% of expenses for registration and publication of intellectual property rights for patents, solutions …

The persons sent for training and re-training shall reimburse the training cost if failing to complete the training and retraining course; failing to comply with the working time as stipulated after completing the training and retraining courses. The organization sending human resources for training and retraining shall arrange jobs of the learner no later than 3 months after the learner completes the training course.

This Circular takes effect on October 07, 2017.


SHALL HAVE REGULATIONS ON MANAGEMENT OF VIRTUAL ASSETS, DIGITAL CURRENCIES
AND VIRTUAL CURRENCIES
 

In order to effectively restrict, prevent and control related risks and abuses; elaborate regulations on property rights on virtual assets, digital currencies and virtual currencies, on August 21, 2017, the Prime Minister approves the Scheme of completion of the legal framework on management of virtual assets, digital currencies and virtual currencies at the Decision No. 1255/QD-TTg.

This Scheme points out clear that, within August, 2018, the State Bank of Vietnam shall review, research and propose amendments and new legislative documents on digital currencies; within December, 2018, the Ministry of Justice shall research and prepare proposal to amend laws and

  

 

ordinances in order to complete the legal framework for management and handling of virtual assets and currencies; a proposal to build legislative documents on taxes related to virtual assets and currencies in accordance with the law on promulgation of legislative documents 2015 within June 2019.

Particularly, consider proposing measures for criminal violations such as criminal fraud, money laundering, terrorism financing and other crimes related to virtual assets and currencies within September 2019.

This Decision takes effect on the signing date.

 

Ü   MEDICAL - HEALTH   


TOBACCO BUSINESS IS THE BUSINESS NEEDS CONDITIONS
 

At the Decree No. 106/2017/ND-CP on amending, supplementing a number of articles of the Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business, the Government prescribes tobacco business is the business that needs to meet conditions.

Tobacco retailers may buy tobacco from tobacco distributors or tobacco wholesalers and sell them at licensed locations

 

Tobacco retailers may buy tobacco from tobacco distributors or tobacco wholesalers and sell them at licensed locations.

Tobacco distributors may buy tobacco from tobacco suppliers or other tobacco distributors and sell them to tobacco wholesalers or retail tobacco at their retail outlets in licensed localities.

This Decree is issued on September 14, 2017; and takes effect on November 01, 2017.

Ü   INDUSTRY    


CONDITIONS FOR INVESTING IN SOLAR POWER PROJECTS
 

On September 12, 2017, the Ministry of Industry and Trade issued the Circular No. 16/2017/TT-BCT on project development and model power purchase agreements applied to solar power projects.

On grid-connected PV power projects, the investor shall only invest in the solar power project included in any of the following approved planning: provincial or national solar power development planning; or provincial or national power development planning. The content of the solar power project shall comply with regulations on investment management of construction works and include influence of the plan for connecting solar power plan with the local power system;  availability of devices connecting to the supervisory control and data acquisition (SCADA) system or moderate information to update moderation controllers on forecasts of hourly electricity generation; the owner’s

 

equity rate of grid-connected PV power projects shall be at least twenty percent (20 %) of the total investment; and the long-term area for use shall not exceed 1.2 ha/MWp…

For rooftop PV power projects having a capacity of under 1 (one) MW, the investor shall register the connecting terminal with a provincial power company and provide general information about expected capacity, specifications of solar panels and the power inverter. In order to ensure safety for the electricity grid system, the power inverter shall have the anti-grid function when the electricity grid has no power and meets the prescribed voltage and frequency standards. In case of the rooftop PV power project having a capacity of 1 (one) MW or over, the investor shall follow procedures for inclusion of the solar power development planning in power development planning…

This Circular takes effect on October 26, 2017.

Ü   JUSTICE  


4 METHODS FOR REGISTRATION OF SECURITY INTERESTS
 

On September 01, 2017, the Government issued the Decree No. 102/2017/ND-CP on registration of security interests, takes effect on October 15, 2017.

This Decree points out clearly that the security interests are subject to registration such as mortgage of land use rights; mortgage of property on land whose ownership has been stated in the certificate of rights to use land, ownership of land and property on land (hereinafter referred to as land use right certificate); pledge or mortgage of aircrafts; and mortgage of seagoing ships.

Besides, there are three security interests are subject to registration upon requests such as mortgage of 

 

other personal/movable property; mortgage of off-the-plan property on land; title retention in case of purchase of property on land, off-the-plan property on land; purchase of aircrafts, seagoing ships; or purchase of other personal/movable property with title retention.

An application for security interest registration shall be filed by any of the methods such as via the online registration system; in person; by post; and  via emails in a case where the applicant for registration has been granted a user code for the security interest database.

 

 

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