Legal Document Updates in English (42/2014)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

69/2014/ND-CP

Decree No. 69/2014/ND-CP dated July 15, 2014 of the Government on state economic groups and state corporations

 

An economic group or a corporation has at most 3 levels of enterprises

Page 2

INVESTMENT

 

INVESTMENT

2

49/2014/QH13

Law No. 49/2014/QH13 dated June 18, 2014 of the National Assembly on Public Investment

 

Only pay outstanding debts in capital construction arising before 2015

Page 2

COMMERCE

 

COMMERCE

3

30/CT-TTg

Directive No. 30/CT-TTg dated September 30, 2014 of the Prime Minister enhancing the tobacco smuggling

 

Quickly detect and tackle with tobacco smuggling

Page 3

NATURAL RESOURCES – ENVIRONMENT

 

NATURAL RESOURCES  - ENVIRONMENT

4

66/2014/ND-CP

Decree No. 66/2014/ND-CP dated July 04, 2014 of the Government detailing and guiding a number of articles of the Law on Natural Disaster Prevention and Control

 

Exempt the duties and fees for import and export of means serving emergency relief

Page 3

TRANSPORT

 

TRANSPORT

5

86/2014/ND-CP

Decree No. 86/2014/ND-CP dated September 10, 2014 of the Government business and transportation business’s conditions for car

 

From July 01, 2016, the driver must print the bill

Page 3

 

SUMMARY:

 

Ü ENTERPRISE


AN ECONOMIC GROUP OR A CORPORATION HAS AT MOST
3 LEVELS OF ENTERPRISES
 

This is one of the contents prescribed at the Decree No. 69/2014/ND-CP dated July 15, 2014 of the Government on state economic groups and state corporations.

In particular, from September 01, 2014, an economic group or a corporation has at most 3 levels of enterprises and is structured as:  The parent company (below referred to as level-I enterprise) is an enterprise in which the State owns 100% of charter capital or holds controlling rights; subsidiary companies of the level-I enterprise (below referred to as level-II enterprises) are enterprises in which the parent company holds the controlling rights. A level-II enterprise shall be organized in the form of single-member limited liability company, in case the parent company owns 100% of its charter capital, or joint-stock company or limited liability company with two or more members, in case the parent company holds the controlling rights over it and subsidiary companies of level-II enterprises (below referred to as level-III enterprises). The Decree also emphasizes that economic groups and corporations established before September 01, 2014 have more than three levels of enterprises shall, within two years, reorganize and arrange subsidiary companies of existing level-III enterprises. Agencies representing the owner shall monitor and supervise the reorganization and arrangement of these economic groups and corporations.

 

Accordingly, from September 01, 2014, 3, a to-be-established economic group must fall into the sectors and fields which produce products or provide services of special importance to national economic security; create the foundation for national economic infrastructure; and create a driving force for increasing the competitiveness of enterprises and the whole economy. The Prime Minister shall determine business sectors and fields eligible for consideration for establishment of economic groups in each period. The economic group’s parent company must have a charter capital of at least VND 10 trillion. In case the parent company is organized in the form of joint-stock company or limited liability company with two or more members, state capital must account for at least 75% of its charter capital. The Prime Minister shall consider and decide on the case in which a parent company’s charter capital or the ratio of state capital to its charter capital is lower than the prescribed level.

For economic groups and corporations established before September 01, 2014, fail to meet the establishment criteria shall be transformed into corporations or company groups relevant to their actual conditions within two (2) years after September 01, 2014.

This Decree takes effect on September 1, 2014.

Ü INVESTMENT


ONLY PAY OUTSTANDING DEBTS IN CAPITAL CONSTRUCTION ARISING BEFORE 2015
 

On June 18, 2014, the National Assembly passed the Law No. 49/2014/QH13 on Public Investment and decides to only pay outstanding debts in capital construction arising before January 01, 2015; at the same time, encouragement of organizations and individuals to make direct investment or investment in the form of public-private partnership for socio-economic infrastructure and public-service provision projects.

Besides, the Law also details some public investment sectors such as investment in socio-economic infrastructure programs and projects; investment to serve activities of state agencies, non-business units, political organizations and socio-political organizations; investment in and support of the provision of public-utility products and services and state investment in projects to be implemented in the form of public-private partnership. Depending on their importance and size, public investment projects shall be classified into national important projects; group-A, group-B and group-C projects. A national important project is an independent investment project or a cluster of closely linked works which being financed by public investment funds of VND 10 trillion or more; exerting great environmental impacts or having the latent possibility of exerting serious

 

environmental impacts, including nuclear power plants; using land requiring the change of the use purpose of land of a national park; a nature reserve; a protected landscape area; 3. Using land requiring the change of the use purpose of land under wet rice cultivation with two or more crops of 500 hectares or more; relocating and resettling 20,000 residents or more in mountainous regions or 50,000 residents or more in other regions and projects that require the application of special mechanisms and policies subject to decision by the National Assembly. The Prime Minister has the competence to decide on investment policy on programs and projects.

The public investment activities must assure the publicity and transparency. Management of the use of public investment funds according to regulations applicable to each funding source; assurance of concentrated, synchronous, quality, efficient, effective investment and resource balancing capability; avoidance of losses and waste; Conformity with the national socio-economic development strategy and five-year socio-economic development plans, and socio-economic development and sectoral development master plans.

This Law takes effect on January 01, 2015.

Ü COMMERCE


QUICKLY DETECT AND TACKLE WITH TOBACCO SMUGGLING
 

Before the developments in the tobacco smuggling, trafficking, concealment and trading in illegally imported tobacco have still occurred seriously, especially in the provinces and cities below: Quang Tri, Tay Ninh, Long An, Dong Thap, An Giang, Kien Giang, Ho Chi Minh, Da Nang, Hai Phong, Quang Ninh…which causes serious damage to the domestic production and affects public health..on September 30, 2014, the Prime Minister issued the Directive No. 30/CT-TTg dated September 30, 2014 of the Prime Minister enhancing the tobacco smuggling.

At the same time, the Prime Minister requires People’s Committee of central-affiliated cities and provinces to direct the districts, towns, and competent authorities in the administrative division to fight, quickly detect and strictly tackle with acts of smuggling, trafficking, concealment and trading in illegally imported tobacco;  enhance the organizational structure, provide necessary equipment for the competent authorities ensure finishing their assignments and make a plan or planning for economic development and job creation in order the inhabitants of

 

border areas to settle down and not to take part in smuggling.

Vietnam Tobacco Association must cooperate with Ministries, authorities, local governments, and competent agencies in information exchange and provision about smugglers; manufacture the tobacco products in accordance with consumers in each region in order to meet the demand of domestic and exporting market. The Ministry of Industry and Trade must direct the Market control forces to enhance the management of domestic market, regularly inspect wholesale or retail outlets of the illegally importer tobacco in order to quickly detect and tackle with violators; cooperate with the Police forces in inspection at such outlets and take charge and cooperate with relevant authorities in amendments to the Joint Circular No. 36/2012/TTLT-BCT-BCA-BTP-BYT-TANDTC-VKSNDTC dated December 7, 2012 on decreasing the amount of packs of illegally imported tobacco as the basis for criminal prosecution…

Ü NATURAL RESOURCES - ENVIRONMENT


EXEMPT THE DUTIES AND FEES FOR IMPORT AND EXPORT OF MEANS
SERVING EMERGENCY RELIEF
 

In accordance with the Decree No. 66/2014/ND-CP dated July 04, 2014 of the National Assembly detailing and guiding a number of articles of the Law on Natural Disaster Prevention and Control. Foreign organizations and individuals and international organizations that participate in the response to and remediation of consequences of natural disasters in Vietnam and import or re-export means, equipment and goods to serve emergency relief, search and rescue, relief and support for natural disaster victims are exempted from import and export duties and fees.

After completion of operations of search and rescue, relief and support for natural disaster victims, means, equipment and goods permitted for import for re-export may have customs procedures cleared at priority gates at airports, seaports and land border gates. Persons permitted to enter Vietnam for natural disaster response and consequence remediation may carry out entry and exit procedures at priority gates at airports, seaports and land border gates; persons engaged in urgent response may be granted visas at border gates.

Besides, the Decree also details the frequency and lengths of time of transmission of information on the direction and

 

command of response to natural disasters. Accordingly, Vietnam Television and Voice of Vietnam shall broadcast documents directing natural disaster response of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue immediately after receiving them and re-broadcast them at least once every 3 hours for level-3 natural disasters and every 1 hour for level-4 or level-5 natural disasters until they receive new directing documents or responses to natural disasters have been operated or natural disaster developments have changed and no longer cause any consequences. Within that, the length of time of broadcasting information on directions and commands on response to natural disasters includes the time of broadcasting the full text of competent agencies’ documents directing and commanding response to natural disasters and bulletins on natural disaster forecasts and warnings, clearly stating changes of directing and commanding documents and updates of natural disaster developments and natural disaster response activities.

This Decree takes effect on August 20, 2014.

Ü TRANSPORT


FROM JULY 01, 2016, THE DRIVER MUST PRINT THE BILL
 

From July 01, 2016, taxi must have the printing equipment connected with the taximeter; the driver must print the bill and hand it to passenger is the important content at the Decree No. 86/2014/ND-CP of the Government business and transportation business’s conditions for car.

Enterprises and cooperatives doing business of passenger transport by taxi must register and paint their logo which is not identical with the registered one of the previous taxi transportation business unit and transaction telephone number for the taxis of such units. Enterprises and cooperatives doing business of passenger transport by taxi must have operating center and maintain the operation of such center with drivers, register contact frequency and have contact equipment between the center with the taxis of such units. From January 01, 2016, enterprises and cooperatives doing business of passenger transport by taxi must have at least 10 taxis and 50 taxis for urban areas of special grade.

Also in accordance with this Decree, from July 01, 2015, for car with design payload from 10 passengers or more, before implementing the contract, the transportation business unit must inform the Department of Transport

 

where the transportation business Permit of main information of the trip, including: itinerary, number of passengers place of passenger pick-up and drop-off, time of contract implementation.

Other important contents mention that cars used for passenger transportation business or goods transportation business in container, trailer or semi-trailer tractor used for transportation business and cars used for goods transportation business must be installed the route monitoring equipment which must ensure the good technical condition and continuous operation during traffic circulation.

For types of car not installed the route monitoring equipment before July 01, 2016, the installation of route monitoring equipment will be done before July 01, 2015 for taxi, trailer or semi-trailer tractor used for transportation business; before January 01, 2016 for cars used for goods transportation business with design payload from 10 tons or more and before July 01, 2016 for cars used for goods transportation business with design payload from 07 tons to less than 10 tons…

This Decree takes effect on December 01, 2014

 

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