New legal documents come into effect as from March 2016
09:19 10/03/2016
There are a range of legal documents of the Vietnamese Government, the Prime Minister and ministries coming into effect as from March 2016, as follows:
1. Decree No. 05/2016/ND-CP dated 11January 2016 of the Government on policies and regimes for relatives of non-commissioned officers and soldiers performing compulsory service in the People’s Public Security force came into effect as from 1 March 2016.
Under the Decree, beneficiaries include fathers, mothers, father and mother-in-law, spouse, offspring, adapted children of non-commissioned officers and soldiers.
2. Decree No. 06/2016/ND-CP dated 18 January 2016 of the Government on the management, provision and use of radio and television services came into effect as from 1 March 2016.
According to the Decree, a foreign broadcasting channel in a pay radio or television system in Viet Nam must produce programs with healthy contents in line with the Vietnamese culture and not violate the press law of Viet Nam.
The programs also need to meet the requirement to own or use the copyrighted contents being aired or televised in such system and obtain certificates of registration of service provision on pay radio and television.
3. Decree No. 07/2016/ND-CP dated 25 January 2016 of the Government, regarding foreign traders wanting to establish branches, representative offices in Viet Nam defines the rights, responsibilities, the granting and extension of certificates pertaining to the setting up of foreign traders’ representative offices in Viet Nam and the State management on the operation of these representatives and branches, comes into effect as from 10 March 2016. The new Decree replaces Decree No.72/2006/ND-CP on representative offices (“RO”) and branches of foreign companies in Vietnam.
Under the regulation of the Decree, a foreign company is allowed to establish a RO/branch in accordance with commitments in “international treaties” to which Vietnam is a party. “International treaties” for this purpose is not defined. Where the foreign company is not from a country which has such an international treaty with Vietnam, the establishment of the RO/branch must be approved by the relevant government ministry.
4. Decree No. 08/2016/ND-CP dated 25 January 2016 of the Government which regulates the number of Vice Chairpersons and procedures on election, reassignment, and dismissal of People’s Committee members comes into effect from 10 March 2016.
Accordingly, the number of Vice Chairpersons for Grade 1, Grade 2 and Grade 3 provinces does not exceed four, three and two, respectively.
5. Decision No. 01/2016/QD-TTg dated 19 January 2016 of the Prime Minister on mechanisms and procedures to support localities to overcome natural disaster consequences took effect as from 5 March 2016.
6. Decision No. 02/2016/QD-TTg dated 28 January 2016 of the Prime Minister which specifies conditions on the announcement of the outbreak of infectious epidemic diseases will take effect as from 15 March 2016.
7. Decision No. 306/QD-TTg dated 26 February 2016 of the Prime Minister on adjustment of loan limits applicable to households conducting production and business activities in disadvantaged areas will come into effect as from 15 March 2016.
The Decision regulates that the Vietnam Bank for Social Policy, based on funding resources, investment demand and the borrowers’ ability to repay, can give out a loan of up to 100 million VND (4,340 USD). As regulated in the decision, borrowers must have business plans or projects certified by the local Commune People’s Committees.
For those who want to borrow over 50 million VND, the decision regulates that the borrower must contribute at least 20 percent of the total capital need for the business. The borrower also has to use the assets formed from the loan capital as a loan guarantee.
For loan guarantee terms, the borrower does not need loan guarantees if the loan size is 50 million VND or below. The borrower has to implement loan guarantees in accordance with regulations of the guarantee if the loan size is over 50 million VND. The decision is not applied to additional loans for contracts signed before 15 March.
8. Decision No. 307/QD-TTg dated 26 February 2016 of the Prime Minister on adjustment of loan limits applicable to traders conducting commercial activities in disadvantaged areas will come into effect as from 15 March 2016.
9. Decision No. 326/QD-TTg dated 1 March 2016 of the Prime Minister approving the master plan on development of Vietnam’s expressway network through 2020, with orientations toward 2030 came into effect as from 1 March 2016.
10. Circular No. 91/2015/TT-BGTVT dated 31 December 2015 of the Ministry of Transport on speed and the distance to be maintained between vehicles took effect as from 1 March 2016.
Accordingly, cars, 30-seater coaches, excluding public buses and vehicles with a capacity of up to 3.5 tones will be allowed to run at a maximum speed of 90km per hour on two-way roads with a central divider. There was no intersection on Belt Road No 3, so the proposal to increase the speed limit from 1 March was reasonable. The DRVN has asked the municipal transport department to change the signboard systems on the road to boost traffic movement./.
Under the Decree, beneficiaries include fathers, mothers, father and mother-in-law, spouse, offspring, adapted children of non-commissioned officers and soldiers.
2. Decree No. 06/2016/ND-CP dated 18 January 2016 of the Government on the management, provision and use of radio and television services came into effect as from 1 March 2016.
According to the Decree, a foreign broadcasting channel in a pay radio or television system in Viet Nam must produce programs with healthy contents in line with the Vietnamese culture and not violate the press law of Viet Nam.
The programs also need to meet the requirement to own or use the copyrighted contents being aired or televised in such system and obtain certificates of registration of service provision on pay radio and television.
3. Decree No. 07/2016/ND-CP dated 25 January 2016 of the Government, regarding foreign traders wanting to establish branches, representative offices in Viet Nam defines the rights, responsibilities, the granting and extension of certificates pertaining to the setting up of foreign traders’ representative offices in Viet Nam and the State management on the operation of these representatives and branches, comes into effect as from 10 March 2016. The new Decree replaces Decree No.72/2006/ND-CP on representative offices (“RO”) and branches of foreign companies in Vietnam.
Under the regulation of the Decree, a foreign company is allowed to establish a RO/branch in accordance with commitments in “international treaties” to which Vietnam is a party. “International treaties” for this purpose is not defined. Where the foreign company is not from a country which has such an international treaty with Vietnam, the establishment of the RO/branch must be approved by the relevant government ministry.
4. Decree No. 08/2016/ND-CP dated 25 January 2016 of the Government which regulates the number of Vice Chairpersons and procedures on election, reassignment, and dismissal of People’s Committee members comes into effect from 10 March 2016.
Accordingly, the number of Vice Chairpersons for Grade 1, Grade 2 and Grade 3 provinces does not exceed four, three and two, respectively.
5. Decision No. 01/2016/QD-TTg dated 19 January 2016 of the Prime Minister on mechanisms and procedures to support localities to overcome natural disaster consequences took effect as from 5 March 2016.
6. Decision No. 02/2016/QD-TTg dated 28 January 2016 of the Prime Minister which specifies conditions on the announcement of the outbreak of infectious epidemic diseases will take effect as from 15 March 2016.
7. Decision No. 306/QD-TTg dated 26 February 2016 of the Prime Minister on adjustment of loan limits applicable to households conducting production and business activities in disadvantaged areas will come into effect as from 15 March 2016.
The Decision regulates that the Vietnam Bank for Social Policy, based on funding resources, investment demand and the borrowers’ ability to repay, can give out a loan of up to 100 million VND (4,340 USD). As regulated in the decision, borrowers must have business plans or projects certified by the local Commune People’s Committees.
For those who want to borrow over 50 million VND, the decision regulates that the borrower must contribute at least 20 percent of the total capital need for the business. The borrower also has to use the assets formed from the loan capital as a loan guarantee.
For loan guarantee terms, the borrower does not need loan guarantees if the loan size is 50 million VND or below. The borrower has to implement loan guarantees in accordance with regulations of the guarantee if the loan size is over 50 million VND. The decision is not applied to additional loans for contracts signed before 15 March.
8. Decision No. 307/QD-TTg dated 26 February 2016 of the Prime Minister on adjustment of loan limits applicable to traders conducting commercial activities in disadvantaged areas will come into effect as from 15 March 2016.
9. Decision No. 326/QD-TTg dated 1 March 2016 of the Prime Minister approving the master plan on development of Vietnam’s expressway network through 2020, with orientations toward 2030 came into effect as from 1 March 2016.
10. Circular No. 91/2015/TT-BGTVT dated 31 December 2015 of the Ministry of Transport on speed and the distance to be maintained between vehicles took effect as from 1 March 2016.
Accordingly, cars, 30-seater coaches, excluding public buses and vehicles with a capacity of up to 3.5 tones will be allowed to run at a maximum speed of 90km per hour on two-way roads with a central divider. There was no intersection on Belt Road No 3, so the proposal to increase the speed limit from 1 March was reasonable. The DRVN has asked the municipal transport department to change the signboard systems on the road to boost traffic movement./.