16 New Decrees Effective from July 01, 2018 (Part 3)

1. Determining the Boundary of Land for Railways

Decree 56/2018/ND-CP provides guidelines on managing and protecting railway infrastructure. The specific regulations on determining the boundary of land for railways are as follows:

- Specifically determine the boundary according to coordinates; update and unify with cadastral records and the local land management database where the railway passes through;- The preparation, submission for approval, organization, and management of land boundary markers for railways shall be carried out in accordance with the land law;- The determination of land boundary markers for railways in the field shall be compatible with the state's budget allocation capacity and prioritized in the order of urban areas, residential areas, and other regions.

More details can be found in Decree 56/2018/ND-CP, effective from July 1, 2018.

1. Prioritized Provision of Information for Persons with Disabilities

On January 23, 2018, the Government of Vietnam promulgated Decree 13/2018/ND-CP providing detailed provisions and measures for implementing the Law on Access to Information. The State ensures that persons with disabilities can access information through the following forms:

- Forms of providing information suitable to the accessibility of the requester;- Arrangement of audio, visual, and auxiliary devices appropriate to the type and level of disability of the requester;- Arrangement of staff to guide and assist persons with disabilities who have difficulty in filling, signing the information request form;- Prioritized provision of information for persons with disabilities in accordance with the law on access to information and the law on persons with disabilities.

More details can be found in Decree 13/2018/ND-CP, effective from July 1, 2018.

1. A Number of Decrees in the Banking Sector Abolished

Decree 42/2018/ND-CP abolishes a number of Decrees by the Government of Vietnam in the banking sector, including the following 06 Decrees:

- Decree 14/CP of 1993 regulating policies for production households to borrow capital for the development of agriculture, forestry, fishery, salt production, and rural economy;- Decree 48/2001/ND-CP on the organization and operation of the People’s Credit Fund;- Decree 69/2005/ND-CP amending and supplementing Decree 48/2001/ND-CP on the organization and operation of the People’s Credit Fund;- Decree 22/2006/ND-CP on the organization and operation of foreign bank branches, joint venture banks, 100% foreign-owned banks, representative offices of foreign credit institutions in Vietnam;- Decree 59/2009/ND-CP on the organization and operation of commercial banks;- Decree 05/2010/ND-CP regulating the application of Bankruptcy Law to credit institutions.

These 06 Decrees will be annulled from the effective date of Decree 42.

1. Funding for Priority Policies for State Audit Officials

Decree 66/2018/ND-CP regulates the priority policies for officials, public employees, and workers of the State Audit. Accordingly, the funding for implementing priority policies will be based on the following sources:

- Increased state budget revenues from taxes, fees, charges, and other collections;- Funds returned to the state budget due to improper spending according to policies;- Funds reduced or canceled from spending due to findings and recommendations by competent authorities;- Funds exceeding allocation limits or from incorrect sources discovered and recommended by the State Audit, which have been processed for recovery and payment to the state budget.

The State allocates 5% of the funds from the above sources to cover priority policies for officials, public employees, and workers of the State Audit.

Decree 66/2018/ND-CP is effective from July 1, 2018.

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