Legal Document Updates in English (48/2020)

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NUMBER

TITLE

 

In This Updates:

CONSTRUCTION

 

CONSTRUCTION

1

 

85/2020/ND-CP

 

Decree No. 85/2020/ND-CP dated July 17, 2020 of the Government detailing a number of articles of the Law on Architecture

 

Contents of the set of test questions for grant of architecture practice certificates

Page 2

SECURITIES

 

SECURITIES

2

91/2020/TT-BTC

Circular No. 91/2020/TT-BTC dated November 13, 2020 of the Ministry of Finance, prescribing prudential ratios and remedies to be taken by securities trading institutions that fail to achieve these ratios

 

3 cases where a securities trading institution is placed in the state of warning

Page 2

POLICY

 

POLICY

3

29/CT-TTg

Directive No. 29/CT-TTg dated July 23, 2020 of the Prime Minister on a number of urgent solutions for wildlife management

 

Vietnam stops import of wild animals

Page 2

AGRICULTURE – FORESTRY

 

AGRICULTURE – FORESTRY

4

83/2020/ND-CP

Decree No. 83/2020/ND-CP dated July 15, 2020 of the Government amending and supplementing a number of articles of the Government’s Decree No. 156/2018/ND-CP of November 16, 2018, detailing a number of articles of the Law on Forestry

 

The forest conversion must conform to the forestry master plan

Page 3

NAVIGATION

 

NAVIGATION

5

 

86/2020/ND-CP

 

Decree No. 86/2020/ND-CP dated July 23, 2020 of the Government amending and supplementing a number of articles of the Government’s Decree No. 171/2016/ND-CP of December 27, 2016, on registration, deregistration, purchase, sale and building of seagoing ships

 

To amend and supplement the procedure for purchase of a seagoing ship with state funds

Page 3

 

SUMMARY:

 

Ü  CONSTRUCTION

CONTENTS OF THE SET OF TEST QUESTIONS
FOR GRANT OF ARCHITECTURE PRACTICE CERTIFICATES

The Decree No. 85/2020/ND-CP detailing a number of articles of the Law on Architecture is issued by the Government on July 17, 2020.

Accordingly, the Vietnam Association of Architects shall, after reaching a written agreement with the Ministry of Construction, develop and issue programs and documents serving tests and a set of test questions for grant of architecture practice certificates. Contents of the set of test questions with the maximum score of 100 points, consisting of: 10 questions on professional experience; 05 questions on legal knowledge; 05 questions on professional knowledge; 05 questions on the Code of professional conduct for practicing architects.

Also in accordance with this Decree, a dossiers for grant of architecture practice

 

certificates includes: An application for an architecture practice certificate made according to the form as prescribed; two 4cm x 6cm color portrait photos with white background, taken within 06 months by the date of application; The valid certificate of test results proving that the applicant has passed the test; A higher education diploma, granted by a lawful training institution as relevant to the certificate to be granted; etc.

Within 15 days after receiving a complete and valid dossier, a competent agency shall grant an architecture practice certificate; this time limit is 05 days or 10 days in case of re-grant or extension of such a certificate.

This Decree takes effect on September 07, 2020.

Ü  SECURITIES

3 CASES WHERE A SECURITIES TRADING INSTITUTION
IS PLACED IN THE STATE OF WARNING

The Ministry of Finance issues the Circular No. 91/2020/TT-BTC prescribing prudential ratios and remedies to be taken by securities trading institutions that fail to achieve these ratios on November 13, 2020.

The State Securities Commission shall issue a decision to place a securities trading institution in the state of warning if its liquidity ratio is between 150% and less than 180% in all reporting periods for 03 consecutive months; or its liquidity ratio reviewed or audited by an accredited audit firm is between 150% and under 180%.

The third case where a securities trading institution is placed in the state of warning is prescribed as follow: In a prudential ratio report, an accredit audit firm gives modified opinions (or adverse opinions), makes a disclaimer of opinions (or is

 

unable to give opinions), gives qualified opinions on a number of items in such report, and if the impact of qualified opinions on liquidity is done away, the liquidity ratio will reach between 150% and under 180%.

The warning period starts from the date on which the securities trading institution is placed  in the state of warning to the date on which the State Securities Commission issues a decision to place such securities trading institution out of the state of warning.

A securities trading institution may be considered to be placed out of the state of warning if its liquidity ratio reaches or surpasses 180% for 03 consecutive months.

This Circular takes effect on January 01, 2021.

Ü  POLICY

VIETNAM STOPS IMPORT OF WILD ANIMALS

The Prime Minister issues the Directive No. 29/CT-TTg on a number of urgent solutions for wildlife management on July 23, 2020.

Accordingly, in order to ensure the strict implementation of the law on wildlife management, the Prime Minister requests: To stop import of wild animals, whether alive or dead; Ministries shall, within the ambit of their functions and competence, review relevant legal documents in order to propose competent authorities to revise or add sanctions; To resolutely eliminate marketplaces and places for illegal trade of wild animals; To strictly control and handle acts of illegally hunting, catching, trading in, transporting wild animals; etc.

In addition, the Ministry of Agriculture and Rural Development shall evaluate the actual situation of pilot farming of tigers as approved in the Document No. 1761/VPCP-NN; intensify measures to supervise animal epidemics and veterinary

 

hygiene at facilities raising and trading in wild animals; etc.

The Ministry of National Defense and functional forces shall intensify patrols and strict control at border gates, border crossings and on the sea; stepping up public communication to raise the awareness of inhabitants in border areas about prohibition from illegally hunting, catching, raising, keeping in captivity, trading and transporting wild animals.

Besides, the Prime Minister also requests the Ministry of Health to direct the review of and manage medical and pharmaceutical trading establishments and establishments manufacturing drugs and medical products with ingredients taken from wild animals, ensuring that only wild animals of lawful origin are used in the medical and pharmaceutical industries.

Ü  AGRICULTURE – FORESTRY

THE FOREST CONVERSION MUST CONFORM TO THE FORESTRY MASTER PLAN

On July, 15, 2020, the Government issues the Decree No. 83/2020/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 156/2018/ND-CP of November 16, 2018, detailing a number of articles of the Law on Forestry.

To be specific: to add criteria for identifying projects allowed for conversion of natural forests as follows: Projects of national importance as prescribed; Projects serving national defense or security as certified in writing by the Ministry of National Defense or the Ministry of Public Security; Urgent projects in need of conversion of natural forests; Projects for which investment policy has been approved or in which investment has been decided by competent authorities.

Besides, the approval of the policy of conversion of natural forests must satisfy the following criteria: Having an investment project proposal in accordance with the laws on investment and public investment; Conforming with the

 

national forestry master plan and land use master plan and plan approved by competent state agencies in accordance with the planning law; Being certified by the chairperson of the provincial-level People’s Committee; Being located outside strictly protected sub-zones of special-use forests; natural forests under the master plan on special-use forests; etc.

In addition, the Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and related ministries and sectors in, appraising the dossier; and report them to the Prime Minister for consideration and decision on the policy of forest conversion within 25 working days after receiving a complete dossier instead of 30 days as in previous regulations.

This Decree takes effect on the signing date.

Ü  NAVIGATION

TO AMEND AND SUPPLEMENT THE PROCEDURE
FOR PURCHASE OF A SEAGOING SHIP WITH STATE FUNDS

The Government issues the Decree No. 86/2020/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 171/2016/ND-CP of December 27, 2016, on registration, deregistration, purchase, sale and building of seagoing ships on July 23, 2020.

According to the new regulations, the purchase of a seagoing ship with state funds shall be carried out according to the following procedure with 05 steps: Approving the ship purchase policy; Selecting a ship, estimating purchase prices and expenses related to the purchase transaction; Preparing, appraising and approving a seagoing ship purchase project; Deciding the ship purchase; Completing ship purchase procedures. The sale of a state-invested seagoing ship shall also be carried out in accordance with a procedure with 05 steps.

 

The certificate of deregistration of an inland waterway craft, for used VR-SB inland waterway craft is additionally required in a dossier for indefinite-term registration of a seagoing ship or a dossier for registration of a small seagoing ship.

Besides, the Vietnam National Register of Ships shall be used to record information relating to registered or deregistered seagoing ships, official-duty seagoing ships, submarines, submersibles, floating production storage units, and mobile offshore drilling units under regulations. The Vietnam National Register of Ships is made in the form of paper notebook and e-database.

This Decree takes effect on September 15, 2020.

 

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