Legal Document Updates in English (44/2016)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR – SALARY

1

31/2016/TT-BLDTBXH

Circular No. 31/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs on management of employees, salary, remuneration and bonus by organizations that are incorporated and operate as wholly state-owned single-member limited liability companies under the law on securities

 

* To classify pay scale and payroll in state securities trading organization

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

158/2016/TT-BTC

Circular No. 158/2016/TT-BTC dated October 25, 2016 of the Ministry of Finance on the management and utilization of the software for aggregation of data on land transport infrastructure asset inventory

 

* Management and utilization of the software for aggregation of data on land transport infrastructure asset inventory

Page 2

POLICY

 

POLICY

3

2086/QD-TTg

Decision No. 2086/QD-TTg dated October 31, 2016 of the Prime Minister on the approval of the project of economic - social development for ethnic minorities with sparse population from 2016 to 2025

 

* To 2025, every household shall be given support to develop production

Page 2

COMMERCE – ADVERTISING

 

COMMERCE – ADVERTISING

4

149/2016/ND-CP

Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending, supplementing a number of articles of the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding a number of articles of the Law on Price

 

* To supplement goods and services subject to price declaration

Page 3

ADMINISTRATIVE VIOLATIONS

 

ADMINISTRATIVE VIOLATIONS

5

145/2016/ND-CP

Circular No. 145/2016/ND-CP dated November 01, 2016 of the Government on amending the Government’s Decree No. 108/2013/ND-CP dated September 23, 2013 on penalties for administrative violations against regulations on securities and securities market

 

* To fine to VND 100 million if non-public offering of stocks failing to apply for securities

Page 3

 

SUMMARY:

 

Ü  LABOR - SALARY


TO CLASSIFY PAY SCALE AND PAYROLL
IN STATE SECURITIES TRADING ORGANIZATION
 

Takes effect on December 10, 2016, the Circular No. 31/2016/TT-BLDTBXH dated October  25, 2016 on management of employees, salary, remuneration and bonus by organizations that are incorporated and operate as wholly state-owned single-member limited liability companies under the law on securities, including the Stock Exchange of Hanoi; the Stock Exchange of Ho Chi Minh and the Vietnam Securities Depository.

Securities trading organizations shall manage their employees, determine planned payroll budget, piece rate, salary advances and realized payroll and pay salaries and bonuses under section2, Article 9, 10 and 13 Section 3 and 4 of the Circular No. 26/2016/TT-BLDTBXH dated September 01, 2016.

 

For the purpose of determination of the planned average pay rate according to the average productivity and profit . The planned average labor productivity shall be equaled to estimated averaged number of employees divided by total estimated revenue; besides, the annual realized average labor productivity (or of the immediately preceding year) is equaled to actual average number of employees in the year (or the immediately preceding year) divided by total annual realized revenue (or of the immediately preceding year).

Policies on management of employees, salaries, remunerations and bonuses shall apply on January 01, 2016.

Ü  FINANCE - BANKING


MANAGEMENT AND UTILIZATION OF THE SOFTWARE FOR AGGREGATION
OF DATA ON LAND TRANSPORT INFRASTRUCTURE ASSET INVENTORY
 

On October 25, 2016, the Ministry of Finance issued the Circular No. 158/2016/TT-BTC on the management and utilization of the software for aggregation of data on land transport infrastructure asset inventory.

Accordingly, The data on land transport infrastructure assets in the software is subject to pre-input verification and validation by the Directorate for Roads of Vietnam or a Department of Transport. The national database on land transport infrastructure assets is a constituent of the

 

national database on state-owned property. The information in the national database on land transport infrastructure assets is as valid as that in paper documents. Software input includes information reported and supplementary information on land transport infrastructure assets newly invested and constructed, acquired in use, liquidated, transferred or on the renaming, division, merger or dissolution of the asset management organization.

This Circular takes effect on January 01, 2017.

Ü  POLICY


TO 2025, EVERY HOUSEHOLD SHALL BE GIVEN SUPPORT
TO DEVELOP PRODUCTION
 

In order to maintain, develop and enhance the position of the sparse ethnic minorities; lessen and eradicate poverty, ameliorate sustainably the material and spiritual life of the compatriots in order to narrow the growth gap with other local ethnic groups, Decrease the annual ratio of poor households to 7% - 8%...on October 31, 2016, the Prime Minister signed the Decision No. 2086/QD-TTg on the approval of the project of economic - social development for ethnic minorities with sparse population from 2016 to 2025.

At the Scheme, the Prime Minister emphasizes to invest in and upgrade the following essential facilities prioritized for the hamlets where the ratio of poor households is high: Road, bridge, sewer; irrigational and electrical infrastructure for production and living; substantial classrooms, teachers’ accommodation…at the same time, provide breeding

 

animals, seeds and materials for changing to highly valuable domestic animals and plants; vaccines for diseases adverse to poultry and livestock; support land reclamation for production; given fixed contracts for forest protection and afforestation; support enhancing the compatriots’ abilities and expertise in production.

It is planned that By 2025, every hamlet shall have all-season bridges and roads connecting to the communal center; substantial classrooms, official teacher premises and public gathering house; electricity, centralized water system and irrigational facilities for production in line with the new rural criteria. Every household shall be given support to develop production, agriculture and forestry…

This Decision takes effect on the signing date.

Ü  COMMERCE - ADVERTISING


TO SUPPLEMENT GOODS AND SERVICES SUBJECT TO PRICE DECLARATION
 

On November 11, 2016, the Government issued the Decree No. 149/2016/ND-CP amending, supplementing a number of articles of the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding a number of articles of the Law on Price.

This Decree prescribes 16 types of goods and services subject to price declaration (compared with 13 types as in previous regulations). Beside goods and services subject to price declaration in previous regulations such as services at sea ports; cement and constructional steel; coal; animal feed for cattle, poultry and aquatic animals; antidotal,  antiseptic, disinfectant drug, treatment for cattle, poultry and aquatic animals; aviation services at airport; textbooks; aviation services on the domestic routes in the list of regulation on price bracket; freight of passenger transportation on fixed routes by road; freight of passenger transportation by taxi; functional food for children below 06 years of age …the Decree also add three more goods and services such as freight of passenger transportation by railway with hard seat type and soft seat type; ethanol; liquefied natural gas, compressed natural gas (CNG); service of monitoring railway transportation.

 

Also in accordance with this Decree, organizations and individuals producing and trading goods and services subject to price declaration shall implement price declaration by sending the announcement of declared price to the competent State agency before evaluation and price adjustment. Where organizations and individuals producing and trading goods and services subject to price declaration of reduction, price reduction should be done promptly and send the price declaration form to notify the deduction rate to competent agencies. Within that, where the producing and trading organizations, individuals only sell by wholesale, they shall declare the wholesale price; where the producing and trading organizations and individuals sell by both wholesale and retail, they shall declare both wholesale price and detail price; where the producing and trading organizations and individuals are importing units and exclusive distributors, they shall declare the estimated wholesale price and detail price…

This Decree takes effect on January 01, 2017.

Ü  ADMINISTRATIVE VIOLATIONS


TO FINE TO VND 100 MILLION IF NON-PUBLIC OFFERING
OF STOCKS FAILING TO APPLY FOR SECURITIES
 

This is one of the important contents prescribed at the Decree No. 145/2016/ND-CP dated November 01, 2016 of the Government on amending the Government’s Decree No. 108/2013/ND-CP dated September 23, 2013 on penalties for administrative violations against regulations on securities and securities market.

In particular, from December 15, 2016, any organization conducting the non-public offering of stocks inconsistently with the registered plan or regulated period; conducting the private placement of bonds inconsistently with the approved plan; or failing to open the escrow account at a commercial bank; failing to transfer the proceeds from the offering to the opened escrow account; releasing or using the proceeds from the offering before obtaining a written certification of offering results from the State Securities Commission of Vietnam shall have a fine from VND 70 – 100 million. This fine shall be imposed for failing to apply or delaying the application for registration of public company 36 months or more from the deadline; for delaying the application for securities listing and trading 03 – 06 months from the deadline.

 

 

For the case failing to reveal the report on asset use accredited by auditors in the General Meeting of Shareholders or failing to state detailed notes to use of assets earned from the non-public offering of stocks in the annual financial statements accredited by auditors, except for cases where stocks are offered for sale for the purpose of swapping them for debts or shares or contributed capital, the fine shall be from VND 50 million – 70 million.

Also from December 15, a fine of from VND 400 million to VND 700 shall be imposed for forging documents of the non-public offering of stocks but is not liable to criminal prosecution; a fine equal to between 1% and 5% of total illegally-raised amount of money shall be imposed for forging documents of the public offering of securities but is not liable to criminal prosecution. Specially, a fine of from VND 1 billion to VND 1,2 billion shall be imposed on an organization that organizes the securities trading market against regulations of law provided that there is no illegal revenue earned thereof, instead of VND 1,8 billion to 2 billion as in previous.

This Decision takes effect on December 15, 2016.

 

 

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