Legal Document Updates in English (39/2015)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE - BANKING

1

15/2015/TT-NHNN

Circular No. 15/2015/TT-NHNN dated October 02, 2015 of the State Bank of Vietnam guiding on foreign exchange transactions of Credit Institutions that are permitted to engage in foreign exchange transactions

 

Payment of transaction of foreign currency transaction must not exceed two working days

Page 2

NATURAL RESOURCES – ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

2

82/2015/QH13

Law No. 82/2015/QH13 dated June 25, 2015 of the National Assembly on Marine and Island Resources and Environment

 

From July, 2015, licensing marine research for foreign organizations and international organizations

Page 2

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING - VOCATION

3

36/2015/TT-BLDTBXH

Circular No. 36/2015/TT-BLDTBXH dated September 28, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the application and procedures for preferential treatment in education for people devote to the revolution and their children

 

Preferential treatment in education for children of people devote to the revolution

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

4

80/2015/QH13

Law No. 80/2015/QH13 dated June 22, 2015 of the National Assembly on promulgation of legal documents

 

Supplement the cases on the document cease to be effective

Page 3

ENTRY - EXIT

 

ENTRY - EXIT

5

82/2015/ND-CP

Decree No. 82/2015/ND-CP dated September 24, 2015 of the Government prescribing visa exemption for overseas Vietnamese and foreigners who are spouses or children of overseas Vietnamese or Vietnamese citizens

 

Visa exemption for overseas Vietnamese

Page 3

 

SUMMARY:

 

Ü FINANCE - BANKING


PAYMENT OF TRANSACTION OF FOREIGN CURRENCY TRANSACTION
MUST NOT EXCEED TWO WORKING DAYS
 

In accordance with the Circular No. 15/2015/TT-NHNN dated October 02, 2015 of the State Bank of Vietnam guiding on foreign exchange transactions of Credit Institutions that are permitted to engage in foreign exchange transactions, parties shall decide on payment of transaction for spot transaction, spot transaction on swap transaction but it must not exceed two working days since the transaction is performed.

Payment of transaction forward transaction, forward transaction on swap transaction is the last day of the transaction term; if the date of payment is on the weekend or holidays, it shall be the following day. Customers’ proposals of using Vietnam dong to purchase foreign

 

currency before due date shall follow documents from 3 working days or more, permitted credit institutions shall only sell forward foreign currencies.

Also in accordance with this Circular, when permitted credit institutions perform foreign currency transactions with other permitted credit institutions, they shall not be required to present documents to prove the purpose of using foreign currency. Permitted credit institutions when performing foreign currency transactions with customers shall consider, supervise, save documents used in the transactions to ensure that foreign currency transactions are performed in accordance with purposes and the law.

This Circular takes effect on October 05, 2015.

Ü NATURAL RESOURCES - ENVIRONMENT


FROM JULY, 2015, LICENSING MARINE RESEARCH FOR FOREIGN ORGANIZATIONS
AND INTERNATIONAL ORGANIZATIONS
 

The National Assembly has just passed the Law No. 82/2015/QH13 dated June 25, 2015, takes effect on July 01, 2016, on Marine and Island Resources and Environment defines to license of scientific research within Vietnam’s maritime zones for foreign organizations and individuals.

To conduct scientific research within Vietnam’s maritime zones, a foreign organization or individual must have the legal entity status as prescribed by the law of the country where it is established, for foreign organizations; being an inter-governmental organization, for international organizations; or having full civil act capacity as prescribed by the law of the country of which he/she is a citizen, for foreign individuals; wish to conduct scientific research independently or in cooperation with the Vietnamese side; conduct scientific research for peaceful purposes; causing no harm to national sovereignty or national defense and security activities of Vietnam; causing no pollution to the marine environment; and causing no obstruction to lawful activities of organizations and individuals within Vietnam’s maritime zones and submit a complete dossier for licensing as prescribed…

 

 

From July 01, 2016, no new construction is allowed and the existing works shall be kept unchanged within 100 meters from the mean high tide’s water level over many years to the mainland or to the inside of an island as identified by provincial-level People’s Committees of coastal localities under the guidance of the Ministry of Natural Resources and Environment until coast protection corridors are established (within 18 months from July 01, 2016).

Particularly, construction of new works for national defense and security purposes, prevention and control of natural disasters and coastal erosion, response to climate change and sea level rise, and conservation and promotion of the values of cultural heritages; construction of new works under investment projects to serve national and public interests as decided by the National Assembly, the Government, the Prime Minister, ministers, heads of central agencies, or provincial-level People’s Councils or People’s Committees of coastal localities or construction of works under investment projects already decided by competent state agencies or construction of works already licensed by competent state agencies…allowed to carry on.

Besides, the Law also decides that The Vietnam Sea and Island Week last from the 1st to the 8th of June every year.

Ü EDUCATION – TRAINING - VOCATION


PREFERENTIAL TREATMENT IN EDUCATION FOR CHILDREN OF
PEOPLE DEVOTE TO THE REVOLUTION
 

On September 28, 2015, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 36/2015/TT-BLDTBXH guiding the application and procedures for preferential treatment in education for people devote to the revolution and their children, including, any children of people meritorious to the revolution who is studying at a preschool education institution, compulsory education institution, continuing education institution (applicable to students studying at secondary schools, high schools); a ethnic boarding school, a pre-college school, a gifted school or a school for disabled people under the national education system; any people meritorious to the revolution and their children who takes a course with duration of 01 year or longer at a vocational education institution or at a higher education institution under the national education system.

Accordingly, the Office of Labor, War Invalids and Social Affair shall manage and pay the benefits to students eligible for the preferential treatment. Annual benefits are benefits

 

that are at the beginning of an academic year or a course, to be specific (on October or November, applicable to students specified in Point a Clause 1 Article 2; on November or December, applicable to students specified in Point b Clause 1 Article 2), the preferential benefits that have not been paid shall be paid retrospectively. The monthly benefits are benefits that are paid twice a year, the first payment shall be in October or November  or November or December . The remains shall be paid in March or April and the preferential benefits that have not been paid shall be paid retrospectively.

He/she is receiving wages or subsistence for study; has received preferential treatment at another vocational education institution/university; the meritorious person incurs a suspension of receipt of preferential treatment for people meritorious to the revolution shall not receive the preferential treatment in education.

This Circular takes effect on November 12, 2015.

Ü ADMINISTRATIVE


SUPPLEMENT THE CASES ON THE DOCUMENT CEASE TO BE EFFECTIVE
 

On June 22, 2015, the National Assembly passed the Law No. 80/2015/QH13 on Promulgation of Legal Documents, within that, the most important contents is the supplementation on legal documents ceasing to be effective.

In particular, beside a legal document ceases to be effective in part or in whole such as its effective period specified therein expires; it is amended and supplemented by or replaced with another legal document which is promulgated by the same state agency; it is annulled by a document of a competent state agency, from July 01, 2016, when a legal document ceases to be effective, the documents detailing it also cease to be effective.

Joint circulars between ministries and ministerial-level agencies and directives of People’s Committees of all levels that are promulgated before the effective date of this Law continue to be effective until they are annulled by or replaced with other legal documents. The provisions on administrative procedures in legal documents promulgated

 

by the competent agencies and persons before July 01, 2016 continue to be effective until they are annulled by other documents or replaced with new administrative procedures.

The Vietnam Fatherland Front, Vietnam Chamber of Commerce and Industry, other member organizations of the Vietnam Fatherland Front, other agencies and organizations and individuals are entitled and shall be provided with conditions to contribute their opinions on proposals for formulation of legal documents and on draft legal documents. During the formulation of legal documents, drafting agencies or organizations and related agencies and organizations shall create conditions for other agencies, organizations and individuals to contribute opinions on proposals for formulation of legal documents and on draft legal documents; and collect opinions from subjects directly affected by legal documents.

This Law takes effect on July 01, 2016.

Ü ENTRY - EXIT


VISA EXEMPTION FOR OVERSEAS VIETNAMESE
 

Taking effect on November 15, 2015, the Decree No. 82/2015/ND-CP dated September 24, 2015 of the Government prescribing visa exemption for overseas Vietnamese and foreigners who are spouses or children of overseas Vietnamese or Vietnamese citizens, having a passport or an international travel document valid for at least 1 year; having papers proving eligibility; not falling into the cases subject to suspension from entry and exit.

A visa exemption paper is valid for no more than 5 years and expires at least 6 months prior to the expiry date of the holder’s passport or international travel document. Each person shall be granted a separate visa exemption paper. Children sharing passports with their parents shall share visa exemption papers with their parents.

 

In particular, people entering Vietnam with visa exemption papers before the effective date of this Decree who wishes to extend their temporary residence for relative visit or personal business shall be considered for extension of no more than 90 days. A person entering Vietnam with a visa exemption paper shall be granted by an immigration control unit a six-month temporary residence certificate upon each entry; if the visa exemption paper is valid for less than 6 months, the validity duration of the temporary residence certificate is the same as that of the visa exemption paper.

This Decree takes effect on November 15, 2015 and replaces the Prime Minister’s Decision No. 135/2007/QD-TTg of August 17, 2007 and Decision No. 10/2012/QD-TTg of February 10, 2012.

 

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