Legal Document Updates in English (39/2012)

BY 2013, COMPLETING INVESTMENT LAW 2005 AMENDMENTS
 

This is one of the contents regulated under the Decision No. 1231/QD-TTg dated September 07, 2012 of the Prime Minister on approving the development plan for small- and medium-sized enterprises during 2011-2015.

Under the Decision, the Prime Minister requests the Ministry of Planning and Investment to complete all amendment and supplement laws of Investment Law 2005 to ensure separate regulations on investment activities and establishing, organizing and managing the enterprises and Investment Law 2005 on the direction of improving regulations on administrative procedures related to the business registration, solving the difficulties in the process of implementing the Enterprise Law 2005 in accordance with the roadmap committed in international treaties that Vietnam is a member such as: applying the major in appraising the contributed assets as capital, register to

TEMPORARY CEASE OF AUTOMATIC IMPORT LICENSING
TO SOME GOODS ITEMS
 

On September 26, 2012, the Ministry of Industry and Trade issued the Circular No. 27/2012/TT-BCT providing temporary cease of the application of regulations on automatic import licensing to a number of goods items specified in the Circular No.24/2010/TT-BCT, of May 28, 2010.

Accordingly, from September 26, 2012, to temporarily cease the application of regulations on automatic import licensing to a number of goods items specified in the Circular No.24/2010/TT-BCT, of May 28, 2010, of the Ministry of Industry and

8 KINDS OF MATERIALS BANNED TO EXPORT
AS BUILDING MATERIALS
 

On September 20, 2012, the Ministry of Construction issued the Circular No. 04/2012/TT-BXD guiding the export of minerals for producing building materials.

Accordingly, from November 06, 2012, the following mineral exported as building materials are banned from export: limestone and additives in the Planning of minerals for producing cement; Building stone from the mines in South-East and South-West provinces; Stone blocks; Salted sand; Building sand (natural sand); Gravel; Felspat; Clay.

At the same time, the Ministry of Finance issued the list of mineral exported as building materials, including: Sand (White sand, Yellow sand for making casts and filtering water, Ground sand, Salted sand); Stone (limestone, marble…) used to

PRINCIPLES TO DETERMINE PRICE OF COMMON-USED
TECHNICAL INFRASTRUCTURE WORKS LEASE
 

The Government promulgates the Decree No. 72/2012/ND-CP dated September 24, 2012 on management and common-use of technical infrastructure works, of which, one of the notable points is on principles in management and common-use of technical infrastructure works.

Accordingly, price of the common-used technical infrastructure works lease (works constructed to arrange, install lines, cables, pipelines) must be calculated exactly and fully for expenditures of investment in construction; expenditures of operation management, maintain; other expenditures as prescribed by law; in association of service quality; compatible with policy mechanism, economic- technical norms, expenditure norm promulgated by competent agencies.

If organizations, individuals invest in construction of common-used technical infrastructure works for business under form of leasing, the price of lease shall be determined on works, expenditures as prescribed and rational profit and must be based on the following factors:

A FINE OF VND 15 MILLION FOR DRIVING UNDER INFLUENCE OF ALCOHOL
 

The Government issues the Decree No. 71/2012/ND-CP dated September 19, 2012 amending and supplementing a number of Articles of the Decree No.34/2010/ND-CP of April 02, 2010 of the Government on sanction of administrative violations in the field of road transport.

Accordingly, the Government decided to raise the fine level to acts of driving vehicles beyond the prescribed speed, driving on the road that driver’s blood has alcohol concentration exceeding the prescribed level, Carrying from 3 (three) people or more on vehicle….from November 10, 2012.

Specifically, a fine of between VND 8,000,000 and 10,000,000 shall be imposed for drivers driving on the road that driver’s blood or breath has alcohol concentration exceeding 50 milligram to 80 milligram/100 milliliters of blood or exceeding 0,25 to 0,4 milligram/1 liter of gas (according to the current regulation, the is VND 4,000,000 – VND 6,000,000). A fine of between VND 10,000,000 and 15,000,000 shall be imposed for drivers driving on the road

FORMULATE PLAN FOR ADJUSTING ELECTRICITY PRICE
 

On September 26, 2012, the Prime Minister issued the Directive No. 25/CT-TTg on the enhancement of price stabilization and management in the last months of 2012.

For the purposes of controlling inflation and stabilizing the macro-economy, the Prime Minister requests the Ministry of Finance and the Ministry of Industry and Trade continue to comprehensively and efficiently implement the carry out the duties for resolving the difficulties for the production, business and supporting the market; Some objectives and solutions for managing and stabilizing prices in the last months of 2012 must be immediately carried out such as: formulate a plan for adjusting the electricity price through the market mechanism under the State’s management in accordance with the National Assembly’s Resolutions, Compatible with the domestic and the world’s economic