Hereinafter, the Legal Secretary would like to introduce prominent policies in various fields effective from the beginning of May 2017. To be specific:
Article table of contents
- From May 28, 2017, many contract templates related to land use rights will be abolished
This is a significant content mentioned in Circular 04/2017/TT-BTP (effective from May 28, 2017), which stipulates the abolition of certain legal normative documents.
Circular 04/2017/TT-BTP abolishes all provisions of Inter-ministerial Circular 04/2006/TTLT-BTP-BTNMT; contract templates (CT) related to land use rights (LUR) utilized by the Notary Office and the Commune People’s Committee issued together with the Inter-ministerial Circular 04 will also be abolished, including:
- CT for exchange of agricultural LUR of households and individuals;- CT for transferring, donating, mortgaging, leasing LUR and assets attached to land;- CT for transferring, donating, mortgaging, leasing LUR;- CT for buying, donating, mortgaging, leasing assets attached to land;- CT for contributing capital using LUR and assets attached to land;- CT for contributing capital using LUR;- CT for contributing capital using assets attached to land;- ...
- New regulations on depreciation of fixed assets in 2017
The Ministry of Finance has issued Circular 28/2017/TT-BTC amending Circular 45/2013/TT-BTC and Circular 147/2016/TT-BTC providing policy guidance on management, use, and depreciation of fixed assets (FA).
FA which is a mixed-use building both serving the business operations of enterprises and for sale or lease according to the provisions of law, enterprises must determine and account separately for the value of the mixed-use building according to each usage purpose, specifically:
- For the value portion of FA (area) in the mixed-use building used for the business operations of enterprises and for lease (except for financial leasing): enterprises shall record the value portion of FA (area) as fixed assets, manage, use, and depreciate the FA according to regulations.- For the value portion of FA (area) in the mixed-use building used for sale, the enterprise shall not account it as FA and shall not depreciate but monitor as an asset for sale.
Circular 28/2017/TT-BTC is effective from May 26, 2017, and applies from the financial year 2016.
- Increased fines for discharging waste not in accordance with permit
According to Decree 33/2017/ND-CP (effective from May 20, 2017) on administrative penalties in the field of water resources and minerals, the fine for violations is increased from VND 30 million - 50 million to VND 100 million - 120 million for the following acts:
- Discharging wastewater into water sources not in the correct position, coordinates specified in the permit.- Discharging wastewater into water sources not following the policies, methods specified in the permit.
Additionally, the decree also stipulates an increase in the fine for some violations in water resource protection, such as a fine of VND 10 - 15 million for managing and operating works causing waste, loss of water (current fine is VND 6 - 10 million).
- Fine up to VND 3 million for disposing of animal carcasses into the environment
This is a new regulation amended and supplemented at Decree 41/2017/ND-CP on administrative penalties in fisheries activities; in the fields of veterinary medicine, animal breeds, animal feed; management, development, protection of forests and management of forest products.
From May 20, 2017, a fine of VND 2 million - 3 million will be imposed on pet owners for any of the following violations:
- Using veterinary drugs not on the List of veterinary drugs permitted for circulation in Vietnam or not yet authorized by competent agencies to prevent or treat diseases for animals;- Disposing of diseased, dead animals and their products, discharging wastewater, waste containing pathogens into the environment;- Not complying with the vaccination against rabies for pet dogs.
The decree also specifies fine levels for the use of prohibited substances in livestock and aquaculture; offenders will be fined VND 50 - 70 million and:
- Fined VND 40 - 50 million for transporting, trading, collecting, storing, slaughtering animals, processing, processing animal products containing prohibited substances used in livestock.- Fined VND 70 - 100 million for using prohibited substances in the production, processing, and trading of animal feed; concurrently suspending operations from 06 to 12 months (current suspension is 01 to 03 months).
Additionally, many other prominent new policies take effect from May 2017, such as:
- Resolution 351/2017/UBTVQH14 stipulating the form and technique of drafting legal normative documents by the National Assembly, the Standing Committee of the National Assembly, the President, effective from May 20, 2017.
- Decree 28/2017/ND-CP amending Decree 131/2013/ND-CP on administrative penalties for copyright, related rights, and Decree 158/2013/ND-CP on administrative penalties in the fields of culture, sports, tourism, and advertising, effective from May 5, 2017.
- Circular 68/2017/TT-BQP stipulating and guiding the management and use of public service housing in the Ministry of National Defense, effective from May 16, 2017.
- Circular 08/2017/TT-BGDDT Regulations on recruitment and training for doctoral degrees by the Minister of Education and Training, effective from May 18, 2017.
- Decision 236/QD-BXD in 2017 announcing the cost estimate norms for construction works - Installation part (supplemented) by the Ministry of Construction, effective from May 1, 2017.
- Decision 235/QD-BXD in 2017 announcing the cost estimate norms for construction works - Construction part (amended and supplemented) by the Minister of Construction, effective from May 1, 2017.
