1. Decree No. 86/2015/ND-CP dated 2 October 2015 of the Government prescribing the collection and management of school fees at educational institutions belonging to the national education system and policies on school fee exemption and reduction and cost-of-learning subsidies from the 2015-2016 school year to the 2020-2021 school year. The Decree took effect as from 1 December 2015.
2. Decree No. 87/2015/ND-CP dated 6 October 2015 of the Government on supervision of state capital investment in enterprises; financial supervision, assessment of operation efficiency and disclosure of financial information of state-owned and state-invested enterprises took effect as from 1 December 2015 and replaced Decree No. 61/2013/ND-CP dated 25 June 2013.
According to the Decree, the Ministry of Finance will be responsible for coordinating with other related ministries and sectors in performing the supervision of state capital investment in enterprises.
The new regulation also lays out five criteria for assessing efficiency of enterprises’ operation, including turnover; after-tax profits and return-on-equity ratio; overdue debts and capacity to pay due debts; observance of the law on investment, management and use of state capital, laws on taxes and other budget remittances, and regulations on financial statements and reports for financial supervision; and provision of public-utility products and services.
3. Decree No. 91/2015/ND-CP dated 13 October 2015 of the Government regarding state capital investment on enterprises and management, using capital, asset at enterprise issued by the Government took effect as from 1 December 2015.
State enterprises may not contribute funds or invest in real estate sector (excluding state enterprises have business line as real estate under provisions of the Real Estate Business Law), must not contribute capital, buy shares in banks, insurance companies, securities firms, venture capital funds, securities investment funds or securities investment companies, except in special cases as decided by the Prime Minister.
The Decree also stated that state enterprises have responsibility to preserve and develop the State capital invested in the enterprise. Any fluctuations in capital increase or reduction of state investment in enterprises, the enterprises must report to the representative agency of owners and representatives of financial authorities to monitor and supervise.
4. Decree No. 93/2015/ND-CP dated 15 October 2015 of the Government on management and operation of enterprises in national defense and security. The Decree took effect as from 1 December 2015.
5. Decree No. 94/2015/ND-CP dated 16 October 2015 of the Government amending and supplementing a number of articles of the Decree No. 136/2007/ND-CP dated 17August 2007 on Vietnamese citizens exit and entry came into effect as from 1 December 2015.
According to the Decree, the validity of diplomatic and official passports shall be five years since the date of issuance. The above passports shall be extended for only one time and the maximum duration of extension is three years.
6. Decree No. 95/2015/ND-CP dated 16 October 2015 of the Government on implementation of a number of articles of Law on Petroleum. The Decree applies to organizations and individuals conducting petroleum operations and relating to petroleum operations in Vietnam. The Decree took effect as from 1 December 2015 and replaces the Government Decrees No. 48/2000/ND-CP (September 12, 2000), 34/2001/ND-CP (6 July 2001), 115/2009/ND-CP (24 December 2009).
7. Decree No. 96/2015/ND-CP dated 19 October 2015 of the Government detailing some articles of the Law on Enterprise will come into effect as from 8 December 2015.
Article 16 of the Decree has clarified the establishment of enterprise through capital contribution in clause 3 of Article 189 of the Enterprise Law including: capital contribution and purchase of shares to establish a new enterprise; and purchase of capital contribution and shares of established enterprises.
The company president or member of the associative council, and member of the administrative council of the concerned company will be jointly responsible for compensating the damage caused by the company in case of violations relating to the decision in capital contribution, purchase of shares and the capital contribution from other companies, according to regulations in the Decree.
8. Decree No. 97/2015/ND-CP dated 19 October 2015 of the Government issued on management of title and position holders at wholly state-owned single-member limited liability companies. The Decree took effect as from 5 December 2015.
9. Decree No. 99/2015/ND-CP dated 20 October 2015 of the Government guiding the implementation of the 2014 Housing Law will take effect as from 10 December 2015.
According to the Decree, the proportion of apartments owned by foreign organizations and individuals to the total number of apartments in all apartment buildings for sale or lease-purchase in a ward must not exceed 30 percent. As required by the Decree, in order to own property in Vietnam, a foreigner must possess a valid visa stamped by the Vietnamese immigration authority. Persons entitled to diplomatic privileges and immunities under the Ordinance on Privileges and Immunities for Diplomatic Representations, Foreign Consulates and Representative Offices of International Organizations in Vietnam may not own apartments or individual houses in Vietnam.
Foreign organizations and individuals doing business in Vietnam may carry out property transactions if possessing valid investment registration certificates or relevant certificates granted by Vietnamese competent authorities.
10. Decree No. 100/2015/ND-CP dated 20 October 2015 of the Government on development and management of social housing will take effect as from 10 December 2015.
According to the Decree, the area of an apartment unit must range from 25 to 70 square meters. In addition, the State does not limit the number of units measuring 25 square meters.
11. Decree No. 102/2015/ND-CP dated 20 October 2015 of the Government on the management and operation of airports in Viet Nam will take effect as from 12 December 2015.
The Decree stipulates the principles and responsibility of agencies and units to manage, plan and operate airports. The Decree also includes regulations on opening and closing procedures for airports; the management and operation of airports and nearby areas, and shared airports for military and civilian purposes; sales, collateral, rental and capital contribution with assets related to airport land; and business activities in airports.
12. Decree No. 105/2015/ND-CP dated 20 October 2015 of the Government detailing and guiding some articles of Ordinance on Environmental Police force took effect as from 5 December 2015.
According to the Decree, environmental police forces shall be responsible for handling crimes and administrative violations pertaining to environmental protection, natural resources, and food safety discovered during the cooperation.
They shall have to cooperate with agencies and units affiliated to relevant ministries and bodies in inspecting, discovering, dealing with crimes and administrative violations pertaining to environmental protection, natural resources, and food safety.
13. Decree No. 106/2015/ND-CP dated 23 October 2015 of the Government on management of state capital representatives hold management positions in enterprises in which the State holds more than 50% of capital. The Decree will take effect as from 25 December 2015.
14. Decree No. 110/2015/ND-CP dated 29 October 2015 of the Government amending and supplementing a number of articles of the Government’s Decree No. 21/2010/ND-CP of 8 March 2010 on management of civil servant payrolls will take effect as from 15 December 2015.
15. Decree No. 112/2015/ND-CP dated 3 November 2015 of the Government amending and supplementing a number of articles of the Government’s Decree No. 123/2004/ND-CP of May 8, 2004, on a number of special budgetary-financial regimes applicable to Hanoi capital will take effect as from 20 December 2015.
16. Decree No. 114/2015/ND-CP dated 9 November 2015 of the Government amending Article 21 of the Government’s Decree No. 29/2008/ND-CP of 14 March 2008, prescribing industrial parks, export-processing zones and economic zones will take effect as from 25 December 2015.
Under the Decree, processing zones and enterprises may apply legal provisions applicable to non-tariff areas excluding separate preference for border gate economic zones. Processing enterprises are stipulated in investment registration licenses or document of competent registration agencies in case they are not subjected to comply with investment registration procedures.
17. Decree No. 113/2015/ND-CP dated 9 November 2015 of the Government prescribing special allowances, preferential allowances, responsibility allowances and heavy, hazardous or dangerous job-based allowances for teachers at public vocational training institutions will take effect as from 27 December 2015.
18. Decree No. 118/2015/NĐ-CP dated 12 November 2015 of the Government detailing some articles of the Law on Investment will take effect as from 27 December 2015.
According to the Decree, foreign investors who buy shares in or contribute capital to economic organizations won't have to deal with procedures involved in investment certification. In addition, foreign investors will themselves have to register with the planning and investment departments in localities where the economic organizations are headquartered, in the following cases: (i) the economic institutions engage in business areas that are accompanied by certain conditions for foreign investment, as stipulated by the authorities, and (ii) the stake acquisition or capital contribution increases the share of foreign investors in the economic institutions from below 51% to 51% or more; or from 51% to higher levels.
19. Beside the documents mentioned as above, other legal normative documents also come into effect from October 2015, including:
- Decision No. 47/2015/QD-TTg dated 5 October 2015 of the Prime Minister on mechanisms and policies to encourage the development of inland waterway navigation took effect as from 1 December 15;
- Decision No. 48/2015/QD-TTg dated 8 October 2015 of the Prime Minister defining the functions, tasks, powers and organizational structure of the State Securities Commission of Vietnam under the Ministry of Finance took effect as from 1 December 15;
- Decision No. 51/2015/QD-TTg dated 14 October 2015 of the Prime Minister on search and rescue on inland waterways took effect as from 1 December 15;
- Decision No. 54/2015/QD-TTg dated 29 October 2015 of the Prime Minister amending and supplementing a number of articles of the Regulation on grant and management of APEC business travel cards promulgated together with the Prime Minister’s Decision No. 45/2006/QD-TTg of 28 February 2006 will come into effect as from 15 December 2015;
- Decision No. 55/2015/QD-TTg dated 9 November 2015 of the Prime Minister amending a number of articles of the Prime Minister’s Decision No. 15/2012/QD-TTg of March 6, 2012, on pilot application of a special financial mechanism to the Vietnam News Agency during 2012-2014 will come into effect as from 25 December 2015;
- Circular No. 16/2015/TT-NHNN dated 19 October 2015 of the State Bank of Vietnam amending and supplementing a number of articles of the State Bank Governor’s Circular No. 32/2013/TT-NHNN of December 26, 2013, guiding the implementation of restrictions on the use of foreign currencies in the Vietnamese territory took effect as from 3 December 15;
- Circular No. 10/2015/TT-BKHDT dated 27 October 2015 of the Ministry of Planning and Investment detailing contractor selection plans will come into effect as from 10 December 2015;
- Circular No. 11/2015/TT-BKHDT dated 27 October 2015 of the Ministry of Planning and Investment detailing the formulation of dossiers of requirements in case of contractor appointment and competitive offering will come into effect as from 22 December 2015.