Legal Document Updates in English (40/2013)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISES

 

ENTERPRISES

1

110/2013/ND-CP

Decree No. 110/2013/ND-CP dated of September 24th, 2013 of the Government on regulating sanction of administrative violation in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, enterprise and cooperative bankruptcy

 

Fine up to VND 30 million to act of violating regulations on marriage brokerage

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

 

2

140/2013/TT-BTC

Circular No. 140/2013/TT-BTC dated October 14, 2013 of the Ministry of Finance on amending and supplementing the Circular No. 34/2013/TT-BTC dated March 28, 2013 of the Ministry of Finance which details the registration fee

 

To give instructions of registration fee before transferring automobiles with diplomatic number plate

Page 2

INVESTMENT

 

INVESTMENT

 

3

133/2013/ND-CP

Decree No. 133/2013/ND-CP dated October 17, 2013 of the Government on amending and supplementing the Decree No. 54/2013/ND-CP DATED MAY 22, 2013 and on supplementing the Government’s Decree No. 75/2011/ND-CP dated August 30, 2013 on State’s investment credit and export credit

 

To prolong the loaning duration of export credit up to maximum 36 months for coffee

Page 2

EDUCATION - TRAINING

 

EDUCATION - TRAINING

 

4

22/2013/TT-BYT

Circular No. 22/2013/TT-BYT dated August 9, 2013 of the Ministry of Health on guiding on continuous training in health sector

 

To change the duration of continuous training in health sector

Page 3

INSURANCE

 

INSURANCE

 

5

1215/QD-TTg

Decision No. 1215/QD-TTg of July 23, 2013, approving the Strategy on development of Vietnam’s social insurance sector through 2020

 

More than 80% of the population will enjoy health insurance by 2020

Page 3

STRUCTURE - ORGANIZATION

 

STRUCTURE - ORGANIZATION

 

6

88/2013/ND-CP

Decree No. 88/2013/ND-CP of August 1, 2013, defining the functions, tasks, powers and organizational structure of the Vietnam News Agency

 

Functions, tasks, powers and organizational structure of the Vietnam News Agency

Page 3

 

SUMMARY:

Ü ENTERPRISES

FINE UP TO VND 30 MILLION TO ACT OF VIOLATING REGULATIONS ON MARRIAGE BROKERAGE

Decree No. 110/2013/ND-CP dated of September 24th, 2013 of the Government on regulating sanction of administrative violation in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, enterprise and cooperative bankruptcy.
Accordingly, some remarkable regulations on the sanction level are applied to violations of birth registration, marriage registration, marriage brokerage, ethnics and gender redefinition… Specifically, a fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of illegal marriage brokerage; a fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of forging papers for the ethnics and gender redefinition…
Simultaneously, the Decree also remove homosexual marriage from marriage cases under prohibition. Accordingly, the act of violating regulations on prohibition of marriage and violating monogamy regulations include: Getting married between people with relatives within three generations, getting married between

 

adoptive parents and adopted children, being married but living as husband and wife with another person, being single but living as husband and wife with another person known as married person… The sanction level applied for these cases increases from VND 100,000 – 500,000 to VND 1 million- 3 million.
Besides, the Decree also details the regulations towards administrative violations on judicial assistance, judicial administration, civil judgment enforcement, enterprise bankruptcy… such as: A fine of between VND 10 million- 20 million and VND 7 million- 10 million shall be imposed for acts of colluding or lowering price by tricks during the auction and cheating at
property participation conditions, respectively…
This Decree takes effect on November 11, 2013.

 

Ü TAX – CHARGE - FEE

TO GIVE INSTRUCTIONS OF REGISTRATION FEE BEFORE TRANSFERRING AUTOMOBILES WITH DIPLOMATIC NUMBER PLATE

On October 14, 2013, the Ministry of Finance issued Circular No.  140/2013/TT-BTC on amending and supplementing the Circular No. 34/2013/TT-BTC dated March 28, 2013 of the Ministry of Finance which details the registration fee.
Accordingly, for automobiles bearing diplomatic number plate, foreign number plate and international number plate specified in Clause 2 Article 4 of the Decree No. 45/2011/ND-CP transferred to other organizations or individuals in Vietnam (Not under objects specified in Clause 2 Article 4 of the Decree No. 45/2011/ND-CP), the transferring organizations or individuals shall do procedures for declaration, submission of import tax, excise tax, value-added tax in accordance with regulations and payment of the registration fee at the rate for the first time (From 10% to 15%) in accordance with regulations of the

 

People's Council of provinces and central- affiliated cities.
For automobiles bearing foreign number plate owned by foreigners (not under objects specified in Clause 2 Article 4 of the Decree No. 45/2011/ND-CP), of which the owners have declared and submitted the registration fee at the rate of the first time upon registering the ownership and use right. If the foreigners transfer these assets to other organizations or individuals in Vietnam, the transferred organizations or individuals must declare and submit the registration fee upon registering for ownership and use right at the rate of 2%.The price used to calculate the registration fee is defined in line with the real transferring price of the domestic market.
The Circular takes effect on December 1, 2013.

Ü INVESTMENT

TO PROLONG THE LOANING DURATION OF EXPORT CREDIT UP TO MAXIMUM 36 MONTHS FOR COFFEE

This content is regulated in Decree 133/2013/ND-CP dated October 17, 2013 of the Government on amending and supplementing the Decree No. 54/2013/ND-CP DATED MAY 22, 2013 and on supplementing the Government’s Decree No. 75/2011/ND-CP dated August 30, 2013 on State’s investment credit and export credit.
In this Decree, the Government decided to prolong the maximum loaning duration up to 36 months for loan of State’s export credit applied to export headings being coffee and processed cashew nuts,  

 

vegetables, fruits and aquatic products and under conditions that enterprises suffer from loss in 2011 and 2012, failing to balance funding source to pay debts in accordance with credit contracts already signed with the Vietnam Development Bank from October 18, 2013.
Previously, the maximum loaning duration of 36 months is only applied to the loan of State’s export credit for items like vegetables, fruits, aquatic products with the same conditions mentioned above.

The Decree takes effect from October 18, 2013.

Ü EDUCATION - TRAINING

TO CHANGE THE DURATION OF CONTINUOUS TRAINING IN HEALTH SECTOR

On August 9, 2013, the Ministry of Health issued Circular No. 22/2013/TT-BYT on guiding on continuous training in health sector.
Accordingly, the remarkable regulation details the duration of continuous training for medical officers. Specifically, the medical officers, who have been granted certificate of practice and are practicing in medical examination and treatment, have obligation to participate in continuous training courses of 48 periods of learning in 2 consecutive years minimally instead of accumulating continuous training course of 120 periods of learning in 5 consecutive years minimally as they did before. Medical officers, who practice in medical examination and treatment, fail to implement fully the training obligation in 2 consecutive years prescribed in this Circular, are withdrawn certificate of practicing in accordance with law on medical  

 

examination and treatment. The medical officers, other than cases specified in Clause 1 of this Article, have obligation to participate in continuous training course of 120 periods of learning in 5 consecutive years minimally, in which it is 12 periods of learning for every year minimally.
Expenditure for continuous training is covered from contribution of learners; State budget; other legal revenues. Expenditure for training is calculated on the practice costs of courses in the principle which revenues are sufficient for expenditures, not for profit purpose and comply with current regulations of State.

This Circular takes effect on October 01, 2013.

 

Ü INSURANCE

MORE THAN 80% OF THE POPULATION WILL ENJOY HEALTH INSURANCE BY 2020

This is one of the target of the Strategy on development of Vietnam’s social insurance sector through 2020 approved by the Government in Decision No. 1215/QD-TTg of July 23, 2013.
Accordingly, social insurance and health insurance are two important social policies and the main pillar of the social security system that must be gradually expanded to increase participants, contribute to realizing social progress and justice and ensure social-political stability and socio-economic development. The strategy sets out the 2020’s target to reach 50% of the workforce in social insurance, 35%  of those in unemployment insurance and more than 80% of the population in health insurance by 2020.
Simultaneously, it ‘s necessary to ensure the application of TCVN ISO 9001:2008 quality management system to activities of agencies in the entire sector by 2015; to grant each citizen participating in social insurance and health insurance with an identification number that conforms with the citizen identification number stipulated by the State to serve and manage the collection process, policy settlement, and the payment of social, unemployment and health insurance in an accurate and convenient manner;
and ensure the uniform management of the insured identification numbers from 2016.

 

In order to develop insurance- participated objects, the major solutions are to promote dissemination of information and mobilization so as to raise the awareness of administrations of all levels, sectors, mass organizations, agencies, organizations and enterprises about the benefits and obligations, payment and enjoyment rates, and methods and procedures for participation in social insurance, health insurance and unemployment insurance; simultaneously, closely coordinate with ministries, sectors and localities in scrutinizing all agencies, organizations, enterprises and other organizations and individuals that hire, employee and pay workers (especially non-state enterprises), requesting them to provide adequate information and documents relating to the responsibilities to participate in social insurance, health insurance and unemployment insurance, and on that basis to clearly identify persons obliged to participate in social insurance, health insurance and unemployment insurance as prescribed;
The strategy also asks agencies to closely coordinate with People’s Committees at all levels in managing and making the lists of under 6 children to ensure the timely grant of health insurance cards to these children.

The Decision takes effect from its signing date.

Ü STRUCTURE - ORGANIZATION

FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM NEWS AGENCY

On August 1, 2013, the Government promulgated Decree No. 88/2013/ND-CP on defining the functions, tasks, powers and organizational structure of the Vietnam News Agency.
The Vietnam News Agency is a government-attached agency which performs the function of a state news agency in the publication of news and official documents of the Party and the State; supplies information for the requirements of the Party leadership and state management; collects and disseminates information through various means of communication to supply for mass media agencies and the public and to meet demands at home and abroad.
Specifically, Vietnam News Agency has the responsibilities to collect, compile, publish and disseminate information products to supply for mass media agencies, the public and to meet demands at home and abroad; to produce and broadcast the television news channel to perform essential political and information tasks of the nation; to perform the foreign service news task assigned by the Party and the
State; to collect and disseminate information about Vietnam in various languages for domestic agencies

 

and organizations, foreign news and press agencies, foreigners and overseas Vietnamese; to perform the tasks of information and propaganda for mountainous ethnic people in their spoken and written languages…
The General Director of the Vietnam News Agency is appointed and removed from office by the Prime Minister; and shall take responsibility before the Government and the Prime Minister for all activities of the Vietnam News Agency. The General Director of the Vietnam News Agency gets support from 05 assisting units; 21 information units and 05 information service units. The General Director of the Vietnam News Agency shall specify the functions, tasks, powers and organizational structures of attached units and appoint or remove from office heads and 3 deputy heads at most for each attached unit…

This Decree takes effect on September 15, 2013.

 

 

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