New legal documents come into effect as from July 2016
Besides 14 laws coming into effect as from 1 July 2016, there are a range of decrees of the Government, decisions of the Prime Minister and circulars of ministries taking effect as from July 2016, as follows:
1. Decree No. 132/2015/ND-CP dated 25 December 2015 of the Government on penalties against administrative violations in relation to inland water transport took effect as from 1 July 2016.
2. Decree No. 34/2016/ND-CP dated 14 May 2016 of the Government on promulgation of legal documents took effect on 1 July 2016. The Decree, which consists of 189 articles arranged in 11 chapters, focuses on seven issues including: assessment of impacts of policies; format and techniques of presentation of legal documents; Cong Bao (Official Gazette) and publication of legal documents; translation of legal documents into ethnic minority languages and foreign languages; examination and handling of legal documents; review and systemization of legal documents; and resources for elaboration and promulgation of legal documents.
3. Decree No. 35/2016/ND-CP dated 15 May 2016 of the Government on guidelines for the 2015’s Law on veterinary medicine took effect as from 1 July 2016.
4. Decree No. 37/2016/ND-CP dated 15 May 2016 of the Government providing guidelines for certain articles of the 2015’s Law on occupational safety and hygiene took effect as from 1 July 2016.Under the Decree, the employer contributes 1% of its salary fund, which is the basis for contribution to employees’ social insurance, on monthly basis.
The rate of social insurance contribution at 1% of the statutory pay rate is applied to non-commissioned officers and soldiers in the people’s army, non-commissioned officers and policemen on definite-term service in the people’s public security force, cadets in the army, public security force and cipher sector, who are entitled to cost-of-living allowance. As of 1 January 2018, the Government shall lower the rates of contribution.
5. Decree No. 38/2016/ND-CP dated 15 May 2016 the Government stipulates seven works of hydro-meteorology supervision including (1) airport; (2) hydro-electric reservoir; (3) seaport (type 1 and 2); (4) bridges crossing river month, channels, bays; (5) radio and television towers providing business and sightseeing activities; (6) cables for tourism; and (7) national parks. The Decree took effect on 1 July 2016.
6. Decree No. 41/2016/ND-CP dated 15 May 2016 of the Government stipulating the granting of licenses to foreign organizations and individuals to conduct scientific research in the sea areas of Vietnam as well as its exclusive economic zone and continental shelf took effect as from 1 July 2016.
According to the Decree, eight situations that would be rejected to grant licenses include (i) the scientific research activities are not for peaceful purposes, affecting the country’s sovereignty, sovereign rights and jurisdiction as well as its national defense, security, maritime interests, and order and safety at sea; (ii) the activities seriously affect baseline surveys, scientific research and mineral resource exploration and exploitation which are being carried out lawfully in Vietnam’s waters; (iii) the activities involve the use of explosive material, toxic chemicals, or any means and equipment that could cause harm to humans, natural resources and the marine environment; (iv) the activities include the construction of artificial islands and offshore facilities; (v) the information provided by foreign organizations and individuals to get scientific research licenses is inaccurate or not suitable with evident truths; (vi) foreign organizations and individuals that were formerly granted licenses to conduct scientific research in Vietnam’s sea but failed to fully implement fully the country’s law and the 1982 UN Convention on the Law of the Sea (UNCLOS); (vii) the activities encompass drilling on the seabed or under the seabed, excluding those allowed by competent agencies and (viii) foreign organizations and individuals that conduct scientific research in Vietnam’s internal and territorial waters refuse to cooperate with Vietnam when they are requested.
Decree No. 44/2016/ND-CP on guidelines for the 2015’s Law on occupational safety and hygiene with regard to examination of occupational safety techniques, occupational safety and hygiene training and occupational environment monitoring
7. Decree No. 47/2016/ND-CP dated 26 May 2016 of the Government will take effect as from 15 July 2016. Under the Decree, the monthly base salary for civil servants, public employees and those working in the armed forces has been officially stipulated to go up by 5% to VND 1.21 million (nearly US$ 54). The targeted group will enjoy the new base salary with an additional VND 60,000 on top of the previous VND 1.15 million (more than US$51), starting from May 1 this year.
8. Decree No. 48/2016/ND-CP dated 27 May 2016 of the Government defining the functions, tasks, powers, organizational structures and payrolls of offices of People’s Councils of provinces and centrally run cities will take effect as from 15 July 2016.
9. Decree No. 50/2016/ND-CP dated 1 June 2016 of the Government on sanctioning of administrative violations in the field of planning and investment will take effect as from 15 July 2016. According to the Decree, the heaviest rate of VND 80 million (US$ 3.800) will be imposed since 15 July 2016.
10. Beside the documents mentioned as above, other legal normative documents also come into effect as from June 2016, including:
- Decision No. 16/2016/QD-TTg dated 29 April 2016 of the Prime Minister on establishment, organization and operation of the Steering Committee for Animal Disease Prevention and Control at all levels took effect as from 1 July 2016;
- Decision No. 21/2016/QD-TTg dated 17 May 2016 of the Prime Minister promulgating the Regulation on inter-sectoral coordination in domestic violence prevention and control will take effect on 15 July 2016;
- Circular No. 04/2016/TT-BNNPTNT dated 10 May 2016 of the Ministry of Agriculture and Rural Development on prevention and control of aquatic animal diseases and epidemics took effect as from 1 July 2016;
- Circular No. 06/2016/TT-NHNN dated 27 May 2016 of State Bank of Vietnam amending a number of articles of the State Bank Governor’s Circular No. 36/2014/TT-NHNN of November 20, 2014, providing prudential ratios and limits in operations of credit institutions and foreign bank branches in Vietnam took effect as from 1 July 2016;
- Circular No. 04/2016/TT-BKHDT dated 17 May 2016 of the Ministry of Planning and Investment prescribing forms of documents used in registration of social enterprises under the Government’s Decree No. 96/2015/ND-CP of October 19, 2015, detailing a number of articles of the Law on Enterprises took effect as from 1 July 2016;
- Circular No. 75/2016/TT-BTC dated 24 May 2016 of the Ministry of Finance amending Clause 2, Article 1 of Circular No. 34/2013/TT-BTC of March 28, 2013, amending a number of articles of the Ministry of Finance’s Circular No. 124/2011/TT-BTC of August 31, 2011, guiding registration fee will take effect as from 10 July 2016;
- Circular No. 08/2016/TT-BNNPTNT dated 1 June 2016 of the Ministry of Agriculture and Rural Development providing food safety supervision of agricultural, forest and aquatic products will take effect on 15 July 2016;
- Circular No. 04/2016/TT-BCT dated 6 June 2016 of the Ministry of Industry and Trade amending a number of the Ministry of Industry and Trade’s circulars on administrative procedures in the fields of e-commerce, chemical, liquor production and trading, commercial franchising, goods purchase and sale via goods exchanges, energy, food safety and electricity will take effect as from 20 July 2016;
- Circular No. 05/2016/TT-BCT dated 6 June 6 2016 of the Ministry of Industry and Trade on provision of online public services by the Ministry of Industry and Trade will take effect as from 20 July 2016;
- Circular No. 04/2016/TT-BNV dated 10 June 2016 of the Ministry of Home Affairs guiding a number of contents on specialized inspection in the religion field will take effect as from 25 July 2016;
- Joint Circular No. 09/2016/TTLT-BGTVT-BTC dated 10 May 2016 of the Ministry of Transport and Ministry of Finance guiding methods for determining and managing prices of public-utility products and services concerning management and maintenance of national railways, which are produced or provided by the mode of order placement or plan assignment with funds from the central budget took effect as from 1 July 2016;
- Joint Circular No. 80/2016/TTLT-BTC-BTTTT dated 13 June 2016 of the Ministry of Finance and the Ministry of Information and Communications guiding the implementation of national single-window mechanism in the information and communications field will take effect as from 31 July 2016./.