09 New Laws Effective from July 1, 2018 (Part 2)

1. Handling of Existing Structures within the Scope of Hydraulic Construction Projects

On June 19, 2017, the National Assembly passed the Law on Hydraulic Works 2017 with regulations guiding the handling of existing structures within the scope of hydraulic construction projects as follows:

- If the structure does not affect the safety and service capacity of the hydraulic project, it can continue to be used but cannot be expanded in scale or change its structure;- In cases where the structure affects the safety and service capacity of the hydraulic project, appropriate remedial measures must be taken; if it cannot be remedied, it must be dismantled or relocated;- The provincial People's Committee directs the district People's Committee, the communal People's Committee, and organizations and individuals exploiting hydraulic projects to formulate and implement plans to dismantle or relocate existing structures that affect the hydraulic projects.

The above content is based on Article 48 of the Law on Hydraulic Works 2017.

1. Tax Incentives for Machinery and Equipment for Technological Innovation

This notable content is regulated in the Law on Technology Transfer 2017 to encourage and promote enterprises to engage in transfer, application, and innovation of technology.

Machinery, equipment, spare parts, materials, specimens, and technologies not produced domestically, imported for direct use in research and development, decoding, technology innovation, and technology transfer activities are eligible for tax incentives as stipulated by tax laws.

Additionally, some other subjects are also entitled to tax incentives, such as:

- Technology incubators, science and technology enterprise incubators, investors, and entities supporting startup innovation; intermediary organizations of the science and technology market with income from providing technology transfer services;- Entities transferring technology from Vietnam to foreign countries; organizations and individuals engaged in science and technology research, technology transfer, and technology decoding within enterprises;- Entities transferring technology encouraged for transfer.

1. Railway Transport Prices Must Be Listed and Publicly Announced

According to the Law on Railways 2017, railway transport prices must be listed at railway stations and publicly announced through mass media or on the business website of the railway transport enterprise before application.

National railway transport prices will be determined by the railway transport enterprise. In the case of urban railway transport, the provincial People's Committee will decide.

For oversized and overweight goods, the transport enterprise and the transport renter will negotiate on the transport price.

Additionally, social policy beneficiaries will receive fare exemptions and reductions in accordance with the regulations of the Government of Vietnam.

1. Procedures for Providing Information upon Citizens' Requests

The National Assembly passed the Law on Access to Information 2016 to regulate the content related to citizens' access to information. Provision of information upon citizens' requests is specifically stipulated as follows:

- For complex information that is not readily available, the maximum time limit for providing information to citizens is 10 working days from the date of receiving a valid request. The requesting agency must issue a written notice for citizens to visit the office to read, view, listen, record, copy, or photograph the materials...;- In cases where additional time is needed to review or search for information, an extension can be granted, but for no more than 10 working days;- For simple, readily available information that can be provided immediately, citizens can directly read, view, listen, record, copy, photograph the materials, or request an immediate copy or photograph of the documents.

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