Legal Document Updates in English (37/2015)

* 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:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

39/2015/QD-TTg

Decision No. 39/2015/QD-TTg dated September 11, 2015 of the Prime Minister on amending and supplementing a number of articles of the duty-free trade issued with the Decision No. 24/2009/QD-TTg dated February 17, 2009 of the Prime Minister promulgating the Regulation on trading in duty-free goods

 

Allowed to sell duty-free goods on the flight to Vietnam

Page 2

LAND – HOUSING

 

LAND - HOUSING

2

76/2015/ND-CP

Decree No. 76/2015/ND-CP dated September 10, 2015 of the Government guiding a number of articles of the Law on Real Estate Trading

 

From July 01, 2016, all enterprises conducting real estate trading must have legal capital of VND 20 billion

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

3

41/2015/QD-TTg

Decision No. 41/2015/QD-TTg dated September 15, 2015 of the Prime Minister on selling shares in blocks

 

Investors in the auction to buy shares in blocks are not required to hold a public procurement

Page 2

AGRICULTURE – FOREST

 

AGRICULTURE - FOREST

4

29/2015/TT-BNNPTNT

Circular No. 29/2015/TT-BNNPTNT dated September 04, 2015 of the Ministry of Agriculture and Rural Development on amending and supplementing a number of articles of the Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing a number of articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed

 

Time for circulation of animal feeds in Vietnam is five years

Page 3

JUSTICE

 

JUSTICE

5

80/2015/ND-CP

Decree No. 80/2015/ND-CP dated September 17, 2015 of the Government amending the Decree No. 14/2013/ND-CP dated February 05, 2013 of the Government amending the Decree No. 07/2007/ND-CP dated January 12, 2007 of the Government guiding for the Law on Legal Aid

 

Change the level of case-based remuneration for lawyers providing legal aid

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


ALLOWED TO SELL DUTY-FREE GOODS ON THE FLIGHT TO VIETNAM
 

The Prime Minister has just signed the Decision No. 39/2015/QD-TTg dated September 11, 2015 of the Prime Minister on amending and supplementing a number of articles of the duty-free trade issued with the Decision No. 24/2009/QD-TTg dated February 17, 2009 of the Prime Minister promulgating the Regulation on trading in duty-free goods.

Accordingly, beside the outbound airplanes in accordance with current regulations, from November 01, 2015, duty-free goods may be sold to outbound and inbound passengers aboard international flights of airlines established and operating under Vietnam's law. Passengers purchasing duty-free goods sold onboard international flights to

 

Vietnam must present passports and boarding pass; Flight attendants must fully record information such as name of passengers purchasing the goods (duty-free goods purchasers), passport number, flight number and seat number.

Also in accordance with this Circular, entry passengers may purchase duty-free goods at international checkpoints of airports of entry after procedures of entry are fulfilled; and no longer entitled to purchase duty-free goods after getting out of the areas under management and control of customs authority at international checkpoints of entry airports.

This Decision takes effect on November 01, 2015.

Ü LAND - HOUSING


FROM JULY 01, 2016, ALL ENTERPRISES CONDUCTING REAL ESTATE TRADING
MUST HAVE LEGAL CAPITAL OF VND 20 BILLION
 

At the Decree No. 76/2015/ND-CP dated September 10, 2015 of the Government guiding a number of articles of the Law on Real Estate Trading, the Government also emphasizes that enterprise wishes to conduct real estate trading must set up an enterprise or cooperatives which has an amount of legal capital of not smaller than VND 20 billion (excluding enterprise conducts small-scale or irregular transactions of real estate sale, transfer, lease, or lease purchase; any organization or individual providing real estate services). However, any operating real estate enterprise failing to satisfy requirement pertaining to legal capital prescribed in this Decree is entitled to keep operating, provided that it must satisfy such requirement within 01 year from July 1, 2015.

Besides, any real estate project which is received the investment decision, land allocation, land lease, or permit for project transfer and any contract for transfer, sale, lease, or lease purchase of real estate concluded before July 1, 2015 shall not be required to re-follow the procedures prescribed in the Law on real estate trading. Similarly, every

 

contract for sale, transfer, lease, lease purchase of real estate, transfer of project, and every transfer agreement concluded before the effective of this Decree shall remain their validity and it is not required to comply with templates of contract and procedures.

Particularly, procedures for transfer of the whole or a part of a real estate project which the People’s Committee of province or district decides to give to another investor, before carrying out the transfer, the transferor must notify all their clients (if any) and announce by means of mass media before 15 days (at least 03 consecutive issues of a newspaper published in the locality or a local television station or a website of the central agency (if any) in terms of the transfer, rights and interests of clients and relevant entities)….

This Decree takes effect on November 1, 2015 and replaces Decree No. 153/2007/ND-CP dated October 15, 2007.

Ü FINANCE - BANKING


INVESTORS IN THE AUCTION TO BUY SHARES IN BLOCKS ARE NOT REQUIRED
TO HOLD A PUBLIC PROCUREMENT
 

Taking effect on the signing date, the Decision No. 41/2015/QD-TTg issued by the Government on September 15, 2015 on selling shares in blocks deals with withdrawal of state capital of unlisted public companies from joint-stock companies that have not been listed or registered on Upcom (Hanoi Stock Exchange), the ownership of which is represented by Ministries, ministerial agencies, Governmental agencies , (hereinafter referred to as regulatory Ministries), People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provinces), state-owned corporations, and companies whose 100% charter capital is held by the State (hereinafter referred to as wholly state-owned companies)

At the Decision, the Prime Minister emphasizes that the sale of shares in blocks must be put up at auction via the Stock Exchange under a plan approved by a competent authority as prescribed in Article 5 of this Decision. The plan for selling shares in blocks must contain the following information: quantity of blocks of shares to be sold at

 

auction; quantity of shares of each block; starting price, requirements for participation in the auction; contingency plan in case the auction is unsuccessful. Shares may be divided into multiple blocks to be sold at auction depending on the quantity of shares and market development. However, only one block of shares shall be sold in an auction. The quantity of shares in a block must be at least 5% of charter capital of the joint-stock company. Particularly, investors who participate in the auction to buy shares in blocks under this Decision are not required to hold a public procurement according to regulations of law on securities and securities market.

Investors buying shares in blocks must be financially capable; commit themselves to the enterprise’s interest; have plans for keep existing employees; support the enterprise in expanding its market, improving its capacity in terms of finance, business administration, transfer and application of new technologies, training; improve the enterprise’s business efficiency and competitiveness….

Ü AGRICULTURE - FOREST


TIME FOR CIRCULATION OF ANIMAL FEEDS IN VIETNAM IS FIVE YEARS
 

On September 04, 2015, the Ministry of Agriculture and Rural Development issued the Circular No. 29/2015/TT-BNNPTNT dated September 04, 2015 of the Ministry of Agriculture and Rural Development on amending and supplementing a number of articles of the Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing a number of articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed.

At the Circular, the Ministry of Agriculture and Rural Development emphasizes that animal feeds eligible for sale in Vietnam are the animal feeds that have been recognized as eligible for sale in Vietnam by Directorate of Fisheries or the Department of Livestock Production after approval is issued by the Minister of Agriculture and Rural

 

Development. Directorate of Fisheries and the Department of Livestock Production shall be responsible for carrying out monthly compilation and announcement of the list of animal feeds allowed to be circulated in Vietnam on the portals of Directorate of Fisheries, the Department of Livestock Production and the Ministry of Agriculture and Rural Development. Time for circulation of animal feeds in Vietnam is five years since the date of recognition.  

Another important content is on advertisements of animal feeds, advertisements of animal feeds must conform with applied standards and corresponding technical regulations (if any) and contain name of animal feeds; origin of raw materials for processing; names and addresses of organizations and individuals responsible for launching products to the market.

This Circular takes effect on September 04, 2015.

Ü JUSTICE


CHANGE THE LEVEL OF CASE-BASED REMUNERATION
FOR LAWYERS PROVIDING LEGAL AID
 

From November 10, 2015, If legal aid is provided in the form of participation in legal proceedings, the remuneration level for the lawyer providing legal aid as required is equal to VND 500,000 for a working session or a fixed amount for a case of between 3 months’ basic salary and 10 months’ basic salary (on case-by-case basis) is one of the important content prescribed at the Decree No. 80/2015/ND-CP dated September 17, 2015 of the Government amending the Decree No. 14/2013/ND-CP dated February 05, 2013 of the Government amending the Decree No. 07/2007/ND-CP dated January 12, 2007 of the Government guiding for the Law on Legal Aid.

Also from this date, Each legal aid provider is entitled to a professional responsibility-based allowance equal to 25% of their current salary, leadership allowance and extra-seniority allowance (if any).  When participating in legal proceedings, each legal aid provider is entitled to a case-based allowance equal to 40% of the remuneration level applicable to a lawyer providing legal aid as required by the

 

State as prescribed in Clause 4 of this Article. When providing extrajudicial representation or reconciliation, each legal aid provider is entitled to a case-based allowance equal to 20% of the remuneration level applicable to a lawyer providing legal aid as required by the State.

Another important contents is that a person who has obtained a Bachelor’s Degree in law, has graduated in lawyer training course, has worked for a legal aid center of the State, and has participated in a refresher course in legal aid shall be issued a certificate of eligibility for legal aid by the Academy of Justice of the Ministry of Justice if he/she is qualified. A person who used to work as a lawyer or is not required to participate in a training course in lawyer as prescribed in the Law on lawyer, has worked for a legal aid center of the State, and has participated in a refresher course in legal aid shall be issued a certificate of eligibility for legal aid by the Academy of Justice of the Ministry of Justice if he/she is qualified.

This Decree takes effect on November 10, 2015.

 

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