Legal Document Updates in English (37/2011)

CPI INDEX IN AUGUST IS 0.93%, GDP IS EXPECTED TO REACH ABOUT 6%
 

Socio-economic panorama in the reviewed periods continued to witness positive signals, many socio-economic criteria are forecast to reach and surpass the preset ones. Inflation has been curbed and gradually decreased month by month, consumer price index is 0.93% in August, lowest figure so far in the year; export turnover soared beyond the preset target, trade deficit reduced; State budget collection increased fairly, State budget overspending dipped; foreign currency markets stabilized, foreign currency reserve rose. GDP growth in 2011 is expected to reach about 6%.

These are some Government’s forecasts economic conditions in August and 2011 which are acknowledged in the Resolution No. 91/NQ-CP on the Government’s Regular Meeting – August, 2011 held on 30 and 31 of August, 2011.However, there have been some shortcomings in socio-economic situation: Inflation decrease but still in high level; high interest rate affected production, business; decrease in investment attraction; securities and real estate market slumped; number of the poor households decreased more slowly than preset target; people's life, especially the poor, workers in the industrial parks, mountainous, minority groups are still facing many difficulties; social evils, traffic accidents and congestion are among pressing issues, especially serious traffic accidents.

Therefore, in a bid to fully achieve the preset socio-economic targets for the whole year, in the coming months the Government requests ministries, sectors and localities to continue synchronous and comprehensive implementation of measures enshrined in the Politburo’s Conclusion No. 02-KL/TW, the National Assembly’s Resolution No. 59/2011/QH12 and the Government’s Resolution 02/NQ - CP, especially the Resolution 11/NQ-CP.

The State Bank of Vietnam continues regulate the monetary policy in a tightened and effective manner based on the market signal; gradually decrease credit interest rate in line with the decrease of consumer price indexes growth, control the growth of credit borrowing under 20% with the priority for production field, especially agriculture and rural area; ensuring to reach the targets of curbing inflation, decreasing interest rate, the whole year’s GDP growth reaches about 6%; coordinating with the Ministry of Public Security and other related agencies to put the gold, foreign currency sale activities under control as regulated.

The Ministry of Planning and Investment, State Bank of Vietnam, the Ministry of Finance direct the related agencies to study, analyze and find out the reason for inflation growing in the country, then to propose basic solutions for effective response in line with the realities, and submit those to the Government for consideration in the September's regular meeting – 2011.

12 PROHIBITED ACTS IN MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES
 

On  June 30, 2011, the National Assembly Standing Committee course XII approved the Ordinance No. 16/2011/UBTVQH12 including 6 Chapters, 38 Articles on management and use of weapons, explosives and supporting tools.

According to the Ordinance, there are 12 prohibited acts and the most prominent point is personally possessing weapons (excluding rudimentary weapons include daggers, swords, long-handled spears, long-handled machetes, bayonets, knife-shaped lances, scimitars, clubs, bows and crossbows. Prohibiting all the acts of illegally manufacturing, storing, transporting, using, trading, importing or exporting or appropriating weapons, explosives and supporting tools; abusing the use of weapons, explosives or supporting tools to infringe upon the health or lives of other people, or the rights and legitimate interests of individuals, agencies or organizations; deliberately destroying or damaging assigned weapons; assigning weapons, explosives and supporting tools to agencies, organizations or persons that fail to fully satisfy set conditions and standards; giving away, presenting as gift, entrusting to others' care, borrowing, lending, renting, leasing, pledging or mortgaging weapons, explosives or supporting tools; illegally bringing weapons, explosives or supporting tools into or out of the Vietnamese territory and so on.

The Ordinance also regulates 05 entities equipped with military weapons as follows: People's Army; People's Public Security Force; Militia and Self Defense Forces; Forest rangers, full-time anti smuggling customs forces and border-gale customs units; Aviation security force.

Besides, there are 04 entities to be equipped with sports weapons as follows: Units of the People's Army, the People's Public Security and Militia and Self-Defense Forces; Sport clubs, schools and training centers; Defense-security education centers; other organizations that need to be equipped with sports weapons for sports practice and competitions, which are established and operate under licenses issued by competent state agencies.
Provisions on opening of fire are an extremely important and directly relate to the national security, social order and security. Therefore, cases of fire opening include subjects are using force, weapons or explosives directly threatening the lives of persons on duty or other persons; using weapons or explosives to attack or threaten the safety of important works related to national security or important targets protected under law; seizing guns of persons on duty; using weapons to cause public disorder, which may cause very serious or especially serious consequences; rescuing persons who are detained or escorted due to their especially serious crimes or dangerous recidivism: persons who are detained, held in custody, escorted due to their especially serious crimes are escaping or resisting and so on.

MAXIMUM FEE FOR MINING LICENSES ISSUANCE IS VND 100 MILLION
 

On September 15, 2011, the Ministry of Finance issued the Circular No. 129/2011/TT-BTC promulgating rates, collection, remittance, management and use of the fee for issuance of mining licenses Vietnamese and foreign organizations and individuals shall pay the fee for mining licenses.

The fee rate for a mining license for exploration activities: VND 4,000,000/license, for an explored area of under 100 ha; VND 10,000,000/license, for an explored area of between 100 ha and 50,000 ha; VND 15,000,000/license, for an explored area of over 50,000 ha.

For mining activities, fee rates for license for exploitation of sand and gravel on the stream bed are from VND 1 million to VND 5 million depending on output; fee rates for license for exploitation of minerals for use as ordinary construction materials, without using industrial explosive materials are from VND 15 million  to VND 40 million; fee rate for license for exploitation of precious and rare minerals is VND 80 million and fee rate for license for exploitation of special and hazardous minerals is VND 100 million.

In case of extension of licenses or re-issuance of licenses upon transfer or inheritance, persons having their licenses extended or transferees or heirs shall pay the fee at rates equal to 50% of the above corresponding fee rates. The fee for mining licenses and the fee for exclusive mineral exploration shall be paid in Vietnam dong. Foreign organizations or individuals that wish to pay fees in foreign currencies shall pay them at the average interbank foreign exchange rate announced by the State Bank of Vietnam at the time of fee payment.

State agencies competent to issue mining licenses or licenses for mineral exploration shall collect the fee for mining licenses. The fee for mining licenses constitutes state budget revenue. Fee-collecting agencies shall remit the whole collected fee amount into the state budget according to the corresponding chapter, category, clause, item and sub-item of the current State Budget Index.

REGULATIONS ON LICENSING TO REPRESENTATIVE PRESS AGENCIES
ARE AMENDED
 

On July 13, 2011, the Ministry of Information and Communications issued the Circular No. 21/2011/TT-BTTTT amending and supplementing a number of provisions of Circular No. 13/2008/TT-BTTTT of December 31, 2008, guiding the establishment and operation of representative offices and locally based permanent correspondents of press agencies.

Accordingly, dossiers for the representative establishments only need copies of Certificate of press operation's Head of representative office and permanent correspondent's press cards  which certified by the press agency instead of submitting notarized copies as stipulated before.
Within 30 working days after receiving a complete dossier as required, the provincial-level Department of Information and Communications shall consider and permit the press agency to set up and organize activities of its local representative office. However, the Circular also supplements the procedure before permitting dossier, the Department of Information and Communications will have more 5 working days to examine the dossier's validity and guide the press agency in completing the dossier.

Besides, the Circular also amends and supplement Article 10 and 02 forms of the Decision No. 28/2002/QD-BVHTT dated November 21, 2002 promulgating the regulation on publication of bulletins, documents, leaflets; issuance of press releases; publication and/or transmission of news bulletins on electronic screens by foreign agencies and organizations as well as legal persons involving foreign elements.

Specifically, any agency or organization who wants to publish bulletins, documents; leaflets, issuance of press releases; publication or transmission of new bulletins on electronic screens has to propose for permit issuance to the Ministry of Information and Communications and submit dossiers to the Press Department of the Ministry of Information and Communications.

TO 2015, 100% COMMUNES HAVE CAR-ACCESSIBLE ROADS
TO COMMUNE CENTERS
 

By 2015, 100% of communes will have car-accessible roads to commune centers, excluding communes facing extreme topographical difficulties and too high investment expenses where already exist roads accessible to motorbikes and rudimentary vehicles; in communes on islets and islands, ferry stages and wharves must be built for connection to commune centers. 100% of district and commune roads will be accessible all year round; 100% of district roads and at least 70% of commune roads will be asphalted or concreted.

This is some specific objective in the Strategy on development of Vietnam’s rural transport through 2020 with a vision to 2030 issued with the Decision No/ 1509/QD-BGTVT dated July 08, 2011.

Also according to this Decision, the Ministry of Transport also mentions other development objectives in rural transport such as at least 50% of village and hamlet roads will he concreted to grade A; at least 45% of inner-field main roads will be concreted to facilitate motor vehicles' operation; to step by step build permanent bridges and sluices along rural roads: to abolish rudimentary bridges, especially in the Mekong River delta; to develop inner-field roads to meet the demand for industrialization of production, harvesting, processing and sale of agricultural products and mechanization of agricultural production; to step by step allocate funds for maintaining rural roads: 100% of district roads and at least 45% of commune roads.

To waterways, the Decision also regulates clearly the visions to 2020 to upgrade and renovate transport inland waterways with irrigation systems; step by step build wharves and river ports (by 2020, there will be one port or wharf per commune on average) in areas where passenger and goods transportation by river can be used to serve agriculture and rural areas, especially in the Red River and Mekong River deltas.

To 2030, further organize and improve transportation services from district to commune centers lo meet travel and development needs in rural areas and basically complete the rural transport infrastructure network, 100% of district and commune roads will be upgraded to technical grades, asphalted or concreted and maintained under plans: 100% of village and hamlet roads will be concreted at least to grade A. To further develop and improve inner-field transport quality.

To develop rural transport according to strategies, master plans and plans, based on approved strategies for rural transport development nationwide and in economic zones, local administrations shall, according to their functions, tasks and powers, elaborate and implement rural development master plans and plans in their localities.

DEPOSIT OF OVERSEAS CREDIT INSTITUTIONS ARE REQUIRED
TO MAINTAIN RESERVE
 

On August 31, 2011, the State Bank of Vietnam issued the Circular No. 27/2011/TT-NHNN on the amendment, supplement several articles of the Regulation on required reserve applicable to credit institutions issued in conjunction with the Decision No. 581/2003/QD-NHNN dated June 09, 2003 of the Governor of the State Bank.

Accordingly, since September 01, 2011, there will be once more kind of deposits in foreign currency which is deposit of overseas credit institutions and these institutions are required to maintain adequately required reserves at the State Bank in the period of required reserves maintenance.

This Circular also supplements reporting forms on the average balance of mobilized deposits which are subject to required reserve and on the performance of required reserve of credit institutions.

This Circular takes effect on September 01, 2011.