Legal Document Updates in English (42/2011)

 
TO SHORTEN DECLARATION TIME
FOR DOMESTIC QUARANTINE ANIMALS
 

To animal products, making declaration at least two (02) days before transportation instead of three (03) days as in the previous regulation, if animal products have been tested for veterinary sanitation or are sent by post; seven (07) days in advance (previous regulation is 10 days), if animal products have not yet been tested for veterinary sanitation.

Within one working day after the receipt of a valid dossier, the dossier-receiving agency shall certify the quarantine registration and notify the place and time of quarantine. Within one working day after animals or animal products are brought to the prescribed place, the animal quarantine agency shall conduct quarantine.

These amends and supplements take effect on December 15, 2011.

RESTRUCTURING THE ECONOMY IS
THE LONG TERM SOLUTION TO REDUCE INFLATION
 

The Government issued the Decree No. 98/2011/ND-CP dated October 26, 2011 amending, supplementing some articles of Decrees on agriculture.

In particular, the Decree regulates that when transporting or circulating within the country terrestrial animals or animal products on the list of animals and animal products subject to quarantine, goods owners shall declare and send one (01) quarantine dossiers made according to a set form, to provincial-level, municipal state agencies or state management agencies in charge of animal health of districts, communes, towns or cities directly under provinces.

Making declaration at least two (02) days before transportation (05 days in the previous regulations), if animals have been subjected to compulsory preventive measures under regulations and still stay immune; between 15 and 30 days if animals haven’t been subjected to compulsory preventive measures under regulations and still stay immune;

To animal products, making declaration at least two (02) days before transportation instead of three (03) days as in the previous regulation, if animal products have been tested for veterinary sanitation or are sent by post; seven (07) days in advance (previous regulation is 10 days), if animal products have not yet been tested for veterinary sanitation.

Within one working day after the receipt of a valid dossier, the dossier-receiving agency shall certify the quarantine registration and notify the place and time of quarantine. Within one working day after animals or animal products are brought to the prescribed place, the animal quarantine agency shall conduct quarantine.

 
RESTRUCTURING THE ECONOMY IS
THE LONG TERM SOLUTION TO REDUCE INFLATION
 

The Government claimed that over the past years, the prolonged high inflation stemmed from a string of reasons, including the impacts of the world economy as the country’s economy is opener than many other countries. The main reason, however, are come from the internal affairs, namely the prolonged flexible monetary and fiscal policy, credit growth rate raised, high rates of budget overspending; inappropriate economic structure and investment machanism, low productivity and investment efficiency...

Accordingly, to solve the above problems, it is recommended that it should be tackled by both short-term and long-term solutions. Firstly, it is necessary to apply the tight monetary and fiscal policy; improve investment efficiency; boost exports; control imports in an appropriate way to ease trade gap; raise the effectiveness of agricultural production; reinforce confidence of people in the country’s macro-economic policy.

At the same time, in the long term, it is vital to alter growth model which will apply scientific and technological advancements, raise productivity, edge competitiveness of the economy; restructure the economy by focusing on investment mechanism, Stated-owned enterprises, and the financial and banking system; allocate sources for production and business; synchronously develop and improve state management capacity of markets; control inflation and improve the dissemination work. 

This is one of the main contents of the goverment’s regular meeting- September, 2011 on September 25 and 26, 2011, which is contained in the Resolution No. 94/NQ-CP dated on September 27, 2011

Regarding to socio-economic performance in September and first nine months of 2011, the Government announced that the macro-economy was initially improved; major balances of the economy were fundamentally ensured; inflation was put under control and in the decreased trend; consumer price index in September increased by 0.82% as compared with the previous month and become the lowest since the beginning of year. In general, consumer price index in the first nine months of 2011 increased by 18.16% as compared with the same period of 2010; The growth rate was estimated at 6.11% in quarter 3, higher than the previous quarter; and 5.76% in the first nine months of the year. Despite a string of difficulties, achievements from industry, agriculture and service were positive.

Also, in this regular meeting, the Goverment listened and gave comments on the Reports of financial situation and efficiency of production and business activities of State-owned enterprises in the 2006-2010 period, orientations, tasks and solutions in the 2011-2015 period.

 
SUPPLEMENT ORGANIZATIONS LICENSED
TO ESTABLISH PUBLISHING HOUSES
 

On August 23, 2011, the Government issued the Decree No. 72/2011/ND-CP amending and supplementing a number of articles of the Government's Decree No. 111/ 2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law, which was amended and supplemented under the Government's Decree No. 11/2009/ND-CP of  February 10, 2009, and Decree No. 105/2007/ND-CP of June 21, 2007, on printing of non-publication products.

The Decree regulates other organizations licensed to establish publishing houses, beside central political-social-professional organizations directly creating and publicizing works; in particular, central public non-business units and socio-professional organizations directly creating and publicizing works, which are licensed to establish publishing houses by the Ministry of Information and Communications after obtaining the Prime Minister's consent.

A dossier of application for a publication printing permit specified in Clause 2, Article 31 of the Publication Law shall be made in 1 (one) set and sent by post or delivery services or directly to the licensing agency. The form of the application for a publication printing permit is promulgated by the Ministry of Information and Communications.

Before printing press products or anti-counterfeit stamps, a printing establishment shall compile one (1) set of dossier of application for a printing permit and send it directly or by post or delivery services to the state management agency.

Besides, printing establishments which receive foreign orders for printing foreign products, including votive paper, newspapers, savings book, passport, identity card, diploma, certificate and anti-counterfeit stamp, shall compile and send dossiers of application for permits to print products for foreign parties by post or delivery service or directly to the competent state management agency.

Within 5 (five) working days instead of 7 (seven) working days as in previous regulation after receiving a complete and valid dossier, the Authority of Publication shall grant a permit; in case of refusal, it shall issue a written reply clearly stating the reason.

This Decree takes effect on October 10, 2011.

 
DETAILING 11 ACTS OF VIOLATING CHILDREN'S RIGHTS
 

On August 22, 2011, the Government issued the Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the Law on Child Protection, Care and Education.

The Circular details 11 acts of violating children's rights such as abandoning children by their parents or guardians; seducing, enticing, forcing, controlling children to live a street life, abusing street children for self-seeking purposes; seducing, deceiving, forcing children to illegally buy, sell, transport, store or use narcotics: enticing children to gamble; selling to children or letting them drink liquor and beer, smoke cigarettes or use other stimulants harmful to their health; seducing, deceiving, leading, harboring or forcing children into prostitution; sexually abusing children and so on.

Courts shall decide to restrict the parental rights to minor children when the parents violate their children's rights and harm the normal development of their children, depending on the nature and seriousness of such violations.Also according to this Decree, Child support funds are set up for mobilizing voluntary

contributions of domestic and foreign agencies, organizations and individuals, international aid and state budget supports for the cause of child protection, care and education.

Child support funds shall be used to provide support for orphaned children having nobody to rely on, abandoned children, handicapped and disabled children; children who are toxic chemical victims; HIV/AIDS-infected children; children doing heavy or dangerous jobs or jobs in exposure to hazardous substances: children working far from their families; street children: sexually abused children; narcotic-addicted children; juvenile delinquents; children suffering dangerous diseases in need of high treatment costs, children in mountainous, deep-lying, remote, revolutionary base and natural disaster-stricken or epidemic-hit areas; children of poor families; and for their management work.

This Decree takes effect on October 10, 2011 and replaces the Government's Decree No. 36/2005/ND-CP of March 17, 2005.

ROADMAP FOR APPLICATION OF EXHAUST EMISSION
STANDARDS TO MOTOR VEHICLES
 

The Prime Minister issued the Decision No. 49/2011/QD-TTg dated September 1, 2011 providing the roadmap for application of exhaust emission standards to manufactured, assembled and imported brand-new cars and motorbikes.

Accordingly, manufactured, assembled and imported brand-new cars are subject to level-4 exhaust emission standard from January 1, 2017; level-5 exhaust emission standard from January 1, 2022; manufactured, assembled and imported brand-new motorbikes are subject to level-3 exhaust emission standard from January 1, 2017.

Level-3, -4 and -5 exhaust emission standards are standards on the testing and limits of pollutants in exhaust gases applicable to manufactured, assembled and imported brand-new motor vehicles and equivalent to Euro 3. Euro 4 and Euro 5 limits provided in United Nations Economic Commission for Europe's technical regulations on motor vehicle exhaust emission or European Union directives.

Also according to this Decision, the Ministry of Transport shall be responsible for elaborating, promulgating and publicizing national technical regulations on level-3, -4 and -5 motor vehicle exhaust emission, assuring their effect according to the roadmap.

The Ministry of Science and Technology shall study and elaborate, promulgate and publicize as soon as possible national technical regulations on petrol, diesel oil and bio-fuel of a quality up to level-3 exhaust emission standard. National technical regulations on petrol, diesel oil and bio-fuel of a quality up to level-4 or level-5 exhaust emission standards, assuring their effect from January 1, 2016, or January 1, 2021, respectively.

This Decision takes effect on October 18, 2011.

MANAGEMENT FOR MEDIUM AND LONG TERM OVERSEAS
LOANS OF STATE-OWNED COMMERCIAL BANKS
 

On August 23, 2011, the State Bank of Viet Nam issued the Circular No. 18/2011/TT-NHNN guiding foreign exchange management for medium and long term overseas loans of commercial banks being state enterprises (below referred to as state-owned commercial banks).

State-owned commercial banks sign overseas loan agreements only after obtaining the State Bank’s written approval; These State-owned commercial banks are obliged to properly and effectively use loans and pay loan principals and interests as committed in overseas loan agreements, bear all risks and take responsibility before law for the borrowing of overseas loans and payment of overseas debts.

Withdrawal of capital and payment of overseas loan principals and interests may be conducted only after the registration of overseas loans is certified by the State Bank. State-owned commercial banks may pay charges related to overseas loans only after obtaining the State Bank's approval of the signing of overseas loan agreements.

Before signing overseas loan agreements or requesting certification of quotas of international bonds to be issued, state-owned commercial banks shall send directly or by post dossiers to the State Bank

 (the Foreign Exchange Management Department), requesting the State Bank to approve overseas loans or international bond issue plans. Dossier examination time limit is within 15 working days after receiving complete and valid dossiers.

Bases for the State Bank to consider and approve overseas loans or international bond issue plans are based on 4 factors: the compliance of State-owned commercial banks with current regulations on safety ratios; The value of loans or issued bonds within the country's total quota of commercial overseas loans; Contents of overseas loan agreements or international bond issue plans; Other requirements under current regulations on foreign exchange management, borrowing of overseas loans and payment of overseas debts, and other relevant regulations.

This Circular takes effect from October 15, 2011; medium and long term overseas loans of State-owned commercial banks for which registration or modification registration had been certified before the effective date of this Circular continue to comply with the State Bank's written certification of registration or modification registration.

CARRYING OVER 5000 USD ON ENTRY OR EXIT
IS REQUIRED TO DECLARE TO CUSTOMS OFFICES
 

On August 12, 2011, the State Bank of Viet Nam issued the Circular No. 15/2011/TT-NHNN providing the carrying of foreign-currency and Vietnam-dong cash by persons on entry or exit.

Specifically, upon entry or exit via Vietnam’s international border gates with passports, persons who carry foreign-currency or Vietnam-dong cash in excess of the following amount shall be required to declare to border-gate customs offices: USD 5,000 or cash amounts in other foreign currencies of equivalent value or VND 15,000,000.

Persons on entry who carry a cash amount of USD 5,000 or less or cash amounts in other foreign currencies of equivalent value and wish to deposit such amounts in their foreign-currency payment accounts at credit institutions or foreign bank branches licensed to conduct foreign exchange operations shall also be required to declare to border-gate customs offices. Entry/exit declarations bearing border-gate customs offices’ certification of foreign-currency cash amounts carried upon entry serve as a basis for licensed credit institutions to permit the deposit of foreign-currency cash amounts in payment accounts.

The foreign-currency and Vietnam dong cash amounts to be declared to border-gate customs offices

are not applicable to persons who carry foreign-currency or Vietnam-dong payment instruments or valuable papers such as traveler’s checks, bank cards, savings books, securities and other valuable papers.

Also, in this Circular, Directors general (directors) or lawfully authorized persons of licensed credit institutions shall issue written certifications (made according to a set form) to persons carrying foreign-currency or Vietnam-dong cash abroad for the purposes specified in Clauses 2 and 3, Article 8 of the Government’s Decree No. 160/2006/ND-CP of December 28, 2006.

For cases other than those specified, the State Bank of Vietnam shall consider and issue written approval to persons who wish to carry foreign-currency or Vietnam-dong cash abroad on a case-by-case basis, depending on the practical situation and need of each case.

This Circular takes effect on September 1, 2011; The Decision No. 337/1998/QD-NHNN7 of October 10, 1998 and Decision No. 921/2005/QD-NHNN of June 27, 2005 cease to be effective on the effective date of this Circular

TWO CONDITIONS FOR ACCEPTANCE FOR SETTLEMENT OF
LAWSUIT PETITIONS IN LAND ADMINISTRATION
 

On July 29, 2011, the Judges Council of the Supreme People’s Court issued the Resolution No. 01/2011/NQ-HDTP  guiding a number of provisions of the National Assembly's Resolution No. 56/2010/QH12 of November 24, 2010, on the implementation of the Law On Administrative Procedures.

Accordingly, the time limit for filing protests according to cassation or reopening procedures against court judgments or rulings which take legal effect before the date of promulgation of the Law on Administrative Procedures (December 7, 2010) complies with Clauses 1 and 2 of article 69 of the Ordinance on Procedures for Handling of Administrative Cases.

The time limit for filing a protest according to cassation or reopening procedures against a court judgment or ruling which takes legal effect during the period from the date of promulgation of the Law on Administrative Procedures (December 7, 2010) to the effective date of the Law on Administrative Procedures (July 1, 2011) complies with Articles 215 and 236 of the Law on Administrative Procedures.

As from the effective date of the Law on Administrative Procedures (July 1, 2011), protests according to cassation or reopening procedures against court judgments or rulings which took legal effect before such date shall be filed according to the procedures specified in the Law on Administrative Procedures.

Also, in this Resolution, a court shall accept for settlement a lawsuit petition about an administrative decision on or an administrative act in land administration (the contents of state administration of land specified in Clause 2 of Article 6 of the 2003 Land Law) specified in Article 3 of Resolution No. 56 only when the two following conditions are fully met: The lawsuit is initiated within one year counting from the effective dale of the Law on Administrative Procedures (July 1. 2011); The litigator filed a complaint with the chairperson of the People's Committee of the district, town or provincial city or the chairperson of the provincial-level People's Committee during the period from June I. 2006. to the effective date of the Law on Administrative Procedures (July 1. 2011) but such complaint has not yet been settled or he/ she disagreed with the complaint settlement but has not yet initiated an administrative lawsuit at a people's court or he/she initiated an administrative lawsuit at a people's court but the court has returned his/her lawsuit petition or terminated the settlement of the administrative case according to Clause 3, Article 41 of the Ordinance on Handling of Administrative Cases.

This Resolution was adopted on June 30, 2011, by the Judges' Council of the Supreme People's Court and takes effect on September 12, 2011.