Legal Document Updates in English (51/2012)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

33/2012/TT-NHNN

Circular No. 33/2012/TT-NHNN dated December 21, 2012 of the State Bank of Vietnam on the maximum rates of interest on short-term loans in VND imposed by credit institutions and branches of foreign banks on their borrowers in order to satisfy the demand for capital serving some economic sectors and disciplines

 

From December 24, reduce the rate of interest on short-term loans to 12%/ year

Page 2

2

32/2012/TT-NHNN

Circular No. 32/2012/TT-NHNN dated December 21, 2012 of the State Bank of Vietnam on the maximum rates of interest on the deposits in VND of organizations and individuals in credit institutions and branches of foreign banks

 

From December 24, 2012, rate of interest on term deposits reduced to 8%

Page 2

INFORMATION – COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

 

3

06/2012/TT-BNG

Circular No. 06/2012/TT-BNG dated December 10, 2012 of the Ministry of Foreign Affairs on promulgating forms to carry out implementation of a number of articles of the Government’s Decree No. 88/2012/ND-CP

 

Foreign press must declare the details of the journalistic activities in Vietnam

Page 2

ADMINISTRATIVE

 

ADMINISTRATIVE

 

4

38/2012/QH13

Resolution No. 38/2012/QH13 dated November 23, 2012 of the National Assembly organizing to collect opinions of people for draft on amending the 1992 Constitution

 

Collecting opinions for draft on amending the 1992 Constitution

Page 3

EXIT – TRANSIT

 

EXIT - TRANSIT

 

5

58/2012/QD-TTg

Decision No. 58/2012/QD-TTg dated December 24, 2012 of the Prime Minister on use and management of diplomatic passports and official passports

 

Not using diplomatic passports for personal purposes

Page 3

NATIONAL SECURITY

 

NATIONAL SECURITY

 

6

104/2012/ND-CP

Decree No. 104/2012/ND-CP dated December 05, 2012 of the Government on foreign naval ships making visits to the Socialist Republic of Vietnam

 

Foreign naval ships that visit Vietnam must put all weapons in storage

Page 3

 

SUMMARY:

Ü FINANCE - BANKING


FROM DECEMBER 24, REDUCE THE RATE OF INTEREST
ON SHORT-TERM LOANS TO 12%/ YEAR
 

On November 21, 2012, the State Bank of Vietnam issued the Circular No. 33/2012/TT-NHNN on the maximum rates of interest on short-term loans in VND imposed by credit institutions and branches of foreign banks on their borrowers in order to satisfy the demand for capital serving some economic sectors and disciplines.

Accordingly, from December 24, 2012, the State Bank of Vietnam requested credit institutions and branches of foreign banks to impose the maximum rate of interest on short-term loans (under 12 months) in VND is 12% per year. People's credit funds and microfinance institutions may impose the maximum interest rate of 13% on short-term loans in VND (reduced by 1% compared with the previous regulation under the Circular No. 20/2012/TT-NHNN dated June 08, 2012).

At the same time, the State Bank of Vietnam also requested credit institutions and branches of foreign banks must publicly post the loan interest rates, the criteria for

 

identifying borrowers as prescribed under the Law and do not collect the fees related to the loans given to clients, except for some fees prescribed in the Circular No.  05/2011/TT-NHNN dated March 10, 2011.

Besides, the State Bank of Vietnam also clearly regulated that the short-term loans in VND that are eligible for the maximum interest rate prescribed above are the loans that satisfy the demands for capital that is used for serving the development agriculture and rural areas; Executing the projects of production and trading of exports; Serving the production and trading of medium and small enterprises; Serving the production and trading of the high-tech enterprises in accordance with the Law.

This Circular takes effect on December 24, 2012, and supersedes the Circular No. 14/2012/TT-NHNN dated May 04, 2012.


FROM DECEMBER 24, 2012, RATE OF INTEREST
ON TERM DEPOSITS REDUCED TO 8%
 

On December 21, 2012, the State Bank of Vietnam issued the Circular No. 32/2012/TT-NHNN on the maximum rates of interest on the deposits in VND of organizations and individuals in credit institutions and branches of foreign banks.

Under the Circular, the credit institution and branches of foreign banks shall apply the maximum rate of interest on term deposits from 1 month to under 12 months is 8% per year; people's credit funds and microfinance institutions may apply the maximum interest rate of 8.5% of on the term deposits from 1 month to under 12 months (the previous regulation is 9.5%). Besides, the Circular also regulated credit institutions and branches of foreign banks shall

 

decide the rates of interest on the term deposits over 12 months based on the capital demand and supply. At the same time, the maximum rate of interest on demand deposits and term deposits shorter than 1 month is 2% per year.

The maximum rates of interest on the deposits prescribed are applicable to the interest paid at maturity and other methods of interest payment in the form of interest at maturity.

This Circular takes effect on December 24, 2012, and supersedes the Circular No. 30/2011/TT-NHNN dated September 28, 2011 and the Circular No. 19/2012/TT-NHNN dated June 08, 2012

Ü INFORMATION - COMMUNICATIONS       


FOREIGN PRESS MUST DECLARE THE DETAILS OF
THE JOURNALISTIC ACTIVITIES IN VIETNAM
 

On December 10, 2012, the Ministry of Foreign Affairs issued the Circular No. 06/2012/TT-BNG on promulgating forms to carry out implementation of a number of articles of the Government’s Decree No. 88/2012/ND-CP, of October 23, 2012 on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam.

Accordingly, in the request form for journalistic activities in Vietnam and request form for journalistic activities by the foreign media’s resident office, the Ministry of Foreign Affairs requested foreign press to declare the details of media delegation; the media organization; Tentative program; time; place; Questions for interview; Publication.  

 

and broadcasting plan…At the same time, they also must declare the list of technical equipment to be brought into Viet Nam.

Besides, the Ministry of Foreign Affairs also regulated 4 other forms such as: Application form for establishing the resident office of foreign press agency in Vietnam; Application form for assigning the resident correspondent to Vietnam of foreign press agencies; Request form for issuing/re-issuing/renewing the resident foreign correspondent’s card; Request form for licensing to do as news assistant/stringer of the resident Office.

This Circular takes effect on December 10, 2012

Ü ADMINISTRATIVE


COLLECTING OPINIONS FOR DRAFT ON AMENDING THE 1992 CONSTITUTION
 

To promote the owners' right, to mobilize intelligence, heart of people, to create consent of people, to show will, aspiration of people for amendment of the 1992 Constitution; on November 23, 2012, the National Assembly approved the Resolution No.38/2012/QH13 on organizing to collect opinions of People for draft on amending the 1992 Constitution.

Accordingly, subjects of opinion colection include classes of people; State agencies, organizations at central level and local state agencies; Fatherland Front of Vietnam; socio-political organizations, socio-political - professional organizations; Institutes, universities, academies; Agencies of news, press… Forms of collection

 

of people’s opinions include: Having ideas directly or in writing and sending to agencies, organizations; Discussing in conferences, seminars, talks; On the website of National Assembly htttp://duthaoonline.quochoi.vn and via means of mass media…

Collecting opinions of people for entire of draft on amending the 1992 constitution. Besides, agencies, organizations, individuals giving opinions for entire of draft of amendment to the 1992 Constitution; based on their functions, tasks, powers, concentrate to contribute depth opinions on contents directly relating to their scope of operation field and problems in which they are interested

Ü EXIT - TRANSIT


NOT USING DIPLOMATIC PASSPORTS FOR PERSONAL PURPOSES
 

On December 24, 2012, the Prime Minister issued the Decision No. 58/2012/QD-TTg on use and management of diplomatic passports and official passports.

Accordingly, the Prime Minister regulated that it is not to use diplomatic passports or official passports in order to go abroad for personal purposes. Besides, persons being granted diplomatic passports or official passports are only permitted to use only one valuable type of passport for each journey for mission abroad in conformity with decision on appointing to go for mission and nature of work performed overseas, except for special cases under guidance of the Ministry of Foreign Affairs. Within 5 working days as from entry in Vietnam after ending the journey for mission overseas, they must submit passports for the agency managing passport, except for case having legitimate reason decided by head of the agency managing passport.

 

 

Under this Decision, the Prime Minister assigned the responsibilities to agencies managing passports in managing passports of cadres, civil servants, and military officers, professional soldiers in people’s army and people’s public security in their management scope. Accordingly, they have to make a book to monitor delivery and receipt of passports; hand over for cadres, civil servants when having decision on appointing to go abroad for mission; have an immediate written notice for agencies granted passports and the Exit and Entry Management Department on loss or spoilt of passports managed by their agencies… Agencies managing passports of those managed by the Communist Party of Vietnam, those managed by the National Assembly, those belonging to the President, those managed by the Government… must collect and manage passports of spouse accompany by in journey for mission of these persons (if any)…

This Decision takes effect on March 01, 2013..

Ü NATIONAL SECURITY


FOREIGN NAVAL SHIPS THAT VISIT VIETNAM MUST
PUT ALL WEAPONS IN STORAGE
 

On December 05, 2012, the Government issued the Decree No. 104/2012/ND-CP on the foreign naval ships making visits to the Socialist Republic of Vietnam.

Under the Circular, foreign naval ships that visit Vietnam must comply with rules such as: must be licensed by competent State management agencies; must comply with Vietnam’s laws; the activity schedule of the ship and the crew thereon must be consistent with the agreed plan. When foreign naval ships arrive at Vietnam’s territorial sea before entering a port: Submarines and other underwater vehicles must emerge from the water and raise its national flag; the ship body must bear its name and number; All weapons must be disengaged or in storage; Stop at the pilot station for carrying out entry procedures and follow the instruction of the Vietnam’s port authority and pilots; only use the equipment necessary for the maritime safety and

 

the registered radio frequency; Arrive at the correct port using the correct routes and corridors.

Besides, under this Circular, all organizations, individuals, and vehicles of Vietnam and other countries (except for the officers, employees, and vehicles of State management agencies at the port or military port performing their duties) that enter, exit, and operate within the areas where foreign naval ships are anchoring; disembark from foreign naval ships for working or doing other activities, come alongside foreign naval ships while they are anchoring at the port, naval port, inland waters, or territorial sea, must be licensed by competent agencies.

This Decree takes effect on January 20, 2013, and supersedes the Government's Decree No. 55/CP dated October 01, 1996.

 

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