Legal Document Updates in English (47/2015)

FEES FOR CITIZEN IDENTIFICATION CARD IS VND 50.000/CARD
 

In accordance with the Circular No. 170/2015/TT-BTC dated November 09, 2015 of the Ministry of Finance providing on collection rate, collection regime and management of fees for citizen identification card, citizens being 14 years old or over process the procedures of granting the citizen identification card for the first time; change the citizen identification card when they reach full 25 years old, full 40 years old and full 60 years old or when there are mistakes on the citizen identification card made by management agencies do not have to pay fee.

Beside above cases, Vietnamese citizens being 14 years old or over when processing the procedures of changing, re-granting the citizen identification card as must pay

EXPORT PROCESSING ENTERPRISES MAY SELL THEIR LIQUIDATED ASSETS
AND GOODS IN THE INLAND MARKET
 

Takes effect on December 25, 2015, the Decree No. 114/2015/ND-CP dated November 09, 2015 Amending and supplementing Article 21 of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones, export processing enterprises may sell their liquidated assets and goods in the inland market in accordance with the law on investment and commerce. Exports and imports management policies shall not be applied at the time of sale or liquidation in the inland market, except for goods managed under specialized conditions, criteria and inspection that have not yet been made upon importation; goods managed under licenses must obtain written approval of import licensing agencies.

Besides, the Decree also allows that export processing enterprises and sellers of export processing enterprises may choose to or not to carry out import, export and customs procedures for building materials, office equipment and stationery, food, foodstuffs and consumer goods from inland Vietnam. Especially, from December 25, 2015, export processing enterprises which have been granted business licenses for goods trading and activities directly related to goods trading in Vietnam shall open separate account books for revenues from and expenses for goods trading activities in Vietnam, and set up goods storage areas separately from areas storing goods serving their production activities or establish separate branches outside export processing zones and enterprises to implement these activities.

CITIZENS HAVE THE RIGHT TO MONITOR INVESTMENT PROJECTS
 

On December 30, 2015, the Government issued the Decree No. 84/2015/ND-CP on investment supervision and evaluation; within that, Citizens have the right to monitor investment projects through community investment monitoring boards.

In particular, a community investment monitoring board may request competent state management agencies to provide information on socio-economic development master plans, sectoral development master plans, land use master plans and plans, infrastructure development master plans, detailed plans on construction of urban centers, residential areas and industrial parks, and relevant investment plans in communes in accordance with law; request related state management agencies to give replies on issues under their management; and request program or project  managers to give replies and provide information serving investment monitoring: investment decision; information about project owner, project management unit and contact address; investment schedule and plan; land area and use; detailed plan on construction site and architectural plan;

compensation, ground clearance and resettlement plan; and plan on waste disposal and environmental protection.

At the same time, a community investment monitoring board may propose competent authorities to suspend investment in and operation of a project when detecting signs of law violation during the implementation of projects which seriously affect production, security, socio-cultural affairs or the living environment of the community; the program or project manager fails to public announce information on the investment program or project…

The commune-level Vietnam Fatherland Front Committee shall form a community investment monitoring board for every program or project. The board shall be composed of at least 5 members, including representatives of the commune-level Vietnam Fatherland Front Committee and the People’s Inspection Board and representatives of commune residents.

This Decree takes effect on November 20, 2015 and replaces the Government’s Decree No. 113/2009/ND-CP of December 15, 2009.

STATE ENTERPRISES NOT ALLOWED IN REAL ESTATES AND SECURITY
 

This content prescribed at the Decree No. 91/2015/ND-CP of the Government on October on investment of state capital in enterprises and management and use of capital and assets at enterprises, takes effect on December 01, 2015.

In particular, state enterprises may use assets and capital under their management and use for outside investment, including offshore investment. The outside investment of a state enterprise must comply with law and conform with its major business line without affecting its production and business activities, and ensuring efficiency, preservation and development of the invested capital; a state enterprise may not contribute capital to, or invest in, real estate must not contribute capital to, or buy shares of, banks, insurance companies, securities companies, risk investment funds, securities investment funds, and securities investment companies. If a state enterprise has contributed capital to, or invested in the fields referred to at Point b of this Clause other than the cases permitted for investment by the Prime Minister, it shall implement a restructuring plan and transfer all of the invested capital amount under regulations.

Besides, the Decree also prescribes on Scope of investment of state capital to establish state enterprises. State enterprises which provide essential public-utility

THE REVOCATION OF WRITTEN CERTIFICATIONS OF ELIGIBILITY
FOR ENVIRONMENTAL PROTECTION TAKES EFFECT WITHIN 2 YEARS
 

On September 09, 2015, the Ministry of Natural Resources and Environment issued the Circular No. 41/2015/TT-BTNMT on environmental protection in the import of scraps for use as production materials.

In accordance with the Circular, the Ministry of Natural Resources and Environment shall grant, re-grant or revoke a written certification of eligibility for environmental protection in the import of scraps for use as production materials when organizations and individuals directly using imported scraps as production materials import scraps in quantities and organizations and individuals undertake the entrusted import of scraps for organizations and individuals using imported scraps as production materials.