Legal Document Updates in English (45/2015)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

81/2015/ND-CP

Decree No. 81/2015/ND-CP dated September 18, 2015 of the Government on disclosure of information of state enterprises

 

State enterprises must public salary and bonus regimes on website

Page 2

2

78/2015/ND-CP

Decree No. 78/2015/ND-CP dated September 14, 2015 of the Government on enterprise registration

 

The time for granting an enterprise registration certificate is shortened to 03 working days

Page 2

INVESTMENT

 

INVESTMENT

3

13/2015/TT-BKHDT

Circular No. 13/2015/TT-BKHDT dated October 28, 2015 of the Ministry of Planning and Investment issuing the list of areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of Development Fund for small and medium-sized enterprises

 

Agriculture, forestry and fisheries are entitled to the prioritized assistance

Page 2

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

4

1614/QD-TTg

Decision No. 1614/QD-TTg dated September 15, 2015 of the Prime Minister approving scheme for "conversion of uni-dimensional poverty measure into multi-dimensional poverty measure for the period of 2016 - 2020"

 

The criteria to define poor households, near poor households for the period of 2016 – 2020

Page 3

INDUSTRY

 

INDUSTRY

5

32/2015/TT-BCT

Circular No. 32/2015/TT-BCT dated October 08, 2015 of the Ministry of Industry and Trade on project development and model electricity sale contract applied to generation projects using solid wastes

 

Electricity prices for generation projects used for grid-tied generation projects

Page 3

 

SUMMARY:

 

Ü ENTERPRISE


STATE ENTERPRISES MUST PUBLIC SALARY AND BONUS REGIMES ON WEBSITE
 

In accordance with the Decree No. 81/2015/ND-CP dated September 18, 2015 of the Government on disclosure of information of state enterprises, an enterprise shall make a report on the result of performance of public-utility tasks and other social and post this report on its portal or website and, at the same time, send it to the agency representing the state owner and the Ministry of Planning and Investment for publicization, the agency representing the state owner shall post the enterprise’s report on the result of performance of public-utility tasks and other social responsibilities on the agency’s portal or website within five (5) working days.

Besides, an enterprise shall regularly disclose its development strategy; its five-year production and business and development investment plan; its annual production and business and development investment plan; assessment report on the result of its implementation of production and business plans for every year and the last

 

three (3) years including the reporting year; report on the result of its performance of public-utility tasks and other social responsibilities; report on its annual reorganization and renewal; report on its actual governance and organizational structure and its financial statements for every six (6) months and every year.

In case of occurrence of any of the extraordinary information, an enterprise shall post extraordinary information on its portal or website and publications (if any) and at its head office and business locations. Extraordinary information shall be reported to the agency representing the state owner and the Ministry of Planning and Investment within 24 hours and publicized within 36 hours from the time of occurrence of the event.

This Decree takes effect on November 5, 2015 and replaces the Prime Minister’s Decision No. 36/2014/QD-TTg of June 18, 2014.


THE TIME FOR GRANTING AN ENTERPRISE REGISTRATION CERTIFICATE
IS SHORTENED TO 03 WORKING DAYS
 

The time for granting an enterprise registration certificate is shortened from 05 working days to 03 working days after receiving a valid dossier is one of the important contents prescribed at the Decree No. 78/2015/ND-CP dated September 14, 2015 of the Government on enterprise registration and takes effect on November 01, 2015.

Organizations and individuals may choose to make online enterprise registration. An online enterprise registration dossier is valid when containing sufficient papers which are fully filled in under regulations applicable to paper dossiers and having been converted into electronic files. These electronic files shall be named consistently with those of paper documents; enterprise registration information is fully and accurately input according to electronic files and the online enterprise registration dossier is authenticated with public digital signatures or business registration accounts of the at-law representative of the enterprise.

 

When an enterprise carries out procedures for business suspension, it shall also send a notice of suspension of its branch, representative office or business location to the business registration section with which the branch, representative office or business location has made registration. In case an enterprise or a branch, representative office or business location suspends its business or resumes its business ahead of the notified schedule, it shall send to the business registration section with which the enterprise or its branch, representative office or business location has made registration at least 15 days before the date of business suspension or resumption. The business suspension period must not exceed one year. After this notified period, if the enterprise or its branch, representative office or business location still suspends its business, it shall send another notice thereof to the business registration section. The total period of continuous business suspension must not exceed two years.

Ü INVESTMENT


AGRICULTURE, FORESTRY AND FISHERIES ARE ENTITLED
TO THE PRIORITIZED ASSISTANCE
 

This content is prescribed at the Circular No. 13/2015/TT-BKHDT of the Ministry of Planning and Investment dated October 28, 2015 issuing the list of areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of Development Fund for small and medium-sized enterprises.

The fund shall make prioritized loan to the Enterprise having investment project and business and production plan under one of the economic sectors classified according to the economic sector System of Vietnam including agriculture, forestry and fisheries; manufacturing and processing industry and water supply, management and treatment of waste and wastewater.

 

The Fund shall prioritize its loan to the Enterprise meeting at least one of criteria such as output products: making high quality products, new materials and energy; renovation: Renovating the technical equipment to increase the labor productivity, fabrication and use of new and high technologies; management capacity: The enterprise manager’s capacity and experience of management and operation as well as the enterprise’s credit history and reputation or Job creation and gender factors: Creating new jobs; employing a lot of female workers….

This Circular takes effect on December 13, 2015

Ü ECONOMIC – SOCIAL POLICIES


THE CRITERIA TO DEFINE POOR HOUSEHOLDS, NEAR POOR HOUSEHOLDS
FOR THE PERIOD OF 2016 – 2020
 

The Prime Minister signed the Decision No. 1614/QD-TTg approving scheme for "conversion of uni-dimensional poverty measure into multi-dimensional poverty measure for the period of 2016 - 2020" on September 15, 2015, within that the Decision emphasizes that the poverty line for the period of 2016 – 2020 shall be built as combine income-based poverty line and the lack of access to basic services; establish minimum income standard to ensure social security for the people, and apply policy poverty line to classify poor households in accordance with government budget.

In particular, poor households  is a household whose per capita income does not exceed the policy poverty line or exceeds the policy poverty line but lower than the minimum income standard  and it is deprived in a third or more of ten

 

indicators of basic services. Near poor household is a household whose per capita income exceeds the policy poverty line but does not exceed the minimum living standard and it is deprived in a third or more of ten indicators of basic services. Household without complete access to basic services is a household whose per capita income exceeds the minimum income standard and it is deprived in a third or more of ten indicators of basic services.

Similarly, household with below median living standard is a household whose per capita income is lower than the median living standard but exceeds the minimum living standard.

This Decision takes effect on the signing date.

Ü INDUSTRY


ELECTRICITY PRICES FOR GENERATION PROJECTS USED
FOR GRID-TIED GENERATION PROJECTS
 

Takes effect from December 07, 2015, the Circular No. 32/2015/TT-BCT dated October 08, 2015 on project development and model electricity sale contract applied to generation projects using solid wastes, emphasizes that the investors may only formulate generation project using solid wastes within the national planning for development of power sources using solid wastes.

If the project is divided into smaller stages and the total power of each stage is different, the investor must formulate the project by each stage. If the time of inauguration of the project is different by more than 06 months according to the schedule in the national planning for development of power sources using solid wastes, the investor must submit a

 

report to the People’s Committee of the province and Energy Administration – the Ministry of Industry and Trade.

The buyers has the obligation to buy all electricity energy from grid-tied generation projects using solid wastes at the electricity prices at the delivery points (exclusive of VAT), for generation projects that directly burn solid wastes: 2,114 VND/kWh (10.05 UScents/kWh); for generation projects that burn gases from landfills: 1.532 VND/kWh (7.28 UScents/kWh). Generation projects using solid wastes that apply electricity prices prescribed in Clause 1 of this Article shall not receive subsidies according to other regulations; electricity prices shall be adjusted according to the exchange rate between VND and USD.

 

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