On June 30, 2018 the government issued Decree No.96/2018/NĐ-CP regulating the prices of irrigation products and services and the support for the use of irrigation water products and services. This Decree takes effect from July 01, 2018
According to Decree No.96/2018/NĐ-CP, the objects entitled to support the use of irrigation water product or service including:
1. Households and individuals using agricultural land for growing food crops include:
– The whole area for growing food crops, include land inherited, donated, transferred land use rights;
– All of area agricultural land serve for researching, test production; The area of annual crop land has at least one rice crop per year. The area of annual crop land has at least one rice crop per year include planned land, plan on planting at least one rice crop in the year or planned land plot and annual planting plan, but actually plant at least one rice crop in the year
2. The poor households and individuals are assigned agricultural land by the State according to regulations.
3. Households and individuals using land for salt production.
4. Households and individuals using agricultural land within the quota for vegetable growing, coloring and plating; Long-term industrial plants, short-term industrial plants including winter crops; fruit trees; flower; medicinal plants; aquaculture (except for aquaculture in lakes, dams, rivers, streams, lagoons …); breed.
5. Households and individuals are farmers who received land within the fixed quotas allocated by agricultural companies and forestry companies (state-run agricultural and forestry farms) for agricultural production according to the provisions of law.
6. Organizations and individuals performing the task of draining and draining water in rural and urban areas, except for inner cities.
7. Organizations and individuals performing the task of flood drainage, flood prevention, tide prevention, salinity prevention, saline water drainage, alum washing, and sweet keeping in localities.
Therefore, it can be seen that in comparison with previous documents, Decree No.96/2018/NĐ-CP has added to the list of subsidized irrigation service providers. This Decree is expected to further promote the development of applying irrigation water in agriculture, forestry and salt production.
On June 12, 2018, National Assembly promulgated Competition Law No.23/2018/QH14 with many new features compared to the Competition Law in 2004. Law on Competition 2018 takes effect on July 01, 2019.
Accordingly, Law on Competition 2018 provides some new noteworthy content as follows:
1. National Competition Committee shall assess the impact or likelihood of significantly restricting competition from a competition restriction agreement based on such factors as: Enterprises market share that participate the agreement; Barriers to entry, expansion of the market; Limited research, development, innovation technology or technology quality restriction; Reduce the accessibility, and holding essential infrastructure; Obstructing competition in the market by controlling specific factors in the sector or sector related to the enterprises participating in the agreement; etc.
2. Duration of exemption for competition restriction agreement: 05 years from exemption decision being promulgated.
3. The National Competition Committee positively assesses the economic concentration which based on one of the factors or a combination of factors such as: Positive evaluation to sector development, field and science, technology according to strategy, planning of the State; Positive impact on the development of small and medium enterprises; To increase the competitiveness of Vietnamese enterprises on the international market.
Thus, it can be seen, Law on Competition 2018 clearly provided factors which are the basic for the National Competitive Committee accesses competitive effects, positively evaluate of economic concentration, and it also clearly regulated about duration of exemption for competition restriction agreement.
On June 30, 2018 the government promulgates Decree No.95/2018/NĐ-CP on regulating on the issuance, registration, depository, listing and transaction of debt instruments of the government on the stock market. This Decree takes effect from July 01, 2018.
Accordingly, Decree No.95/2018/NĐ-CP provides on a new bond, it is named green bond as follows:
1. Definition: The green bonds are bonds that are released by the government to invest in projects related environment protecting activities according to the provisions in Law on Environment protection (green project) and in the project list that is divided capital investment in accordance with the Law on Public Investment and the State Budget Law.
2. Regarding to construction responsibility: The Ministry of Finance shall coordinate with the Ministry of Planning and Investment and the Ministry of Natural Resources and Environment in elaborating schemes on issuance of green government bonds and report to the Prime Minister for approval before implementation. The content of the project includes:
– Purpose of release;
– Mass of release;
– Conditions and terms of bonds;
– Buyer of bonds;
– Method of issuance;
– Registration, depository, listing and transaction;
– List of projects using capital from bond issuance.
3. Regarding to process of issuing and trading: Similar to government bonds, green bond will be issued and traded through three major forms:
– Bidding of bonds;
– Guaranting of bonds;
– Individual issuance of bonds;
– Trading bonds on the securities market through ordinary purchasing, re-purchasing, combined selling and re-buying, and other types of transactions in accordance with the law on securities.
With detailed and specific regulations, Decree No. 95/2018 / ND-CP is expected to promote green bond issuance, listing and trading activities – a new type of bonds are being seen as an effective channel to attract capital for environmental protection projects, thereby reducing the impact of climate change in Vietnam.
On June 30, 2018 the government issued Decree No.93/2018/NĐ-CP regulates on debt management of local authorities. This Decree takes effect from 01/07/2018.
Accordingly, Decree No.93/2018/NĐ-CP regulates on implementation borrowing and repaying of local authority debt as follows:
1. Bases for borrowing and debt repayment by local administrations
– Base on local budget estimates, total of annual borrow level and the policy of issuance of local authority bonds that is decided by Provincial People’s Councils and assumed the prime responsibility by the Finance Department.
– Base on the local budget estimates on the repayment of principals and sources of principal repayment; paying interest, fees and costs of loans that is decided by Provincial People’s Councils and assumed the prime responsibility by the Finance Department.
2. Organizing to borrow according to release local authority bonds
– Base on budget estimates, borrowing plan, annual payment, plan of releasing local authority bonds that is decided by Provincial People’s Councils and borrowing plan of local authority, Provincial People’s Committees release bonds.
– Procedures: Provincial People’s Committees shall send written requests to the Ministry of Finance for comments on conditions and terms of local administrations’ bonds within 15 days after receiving the written requests of localities.
3. Re-lending from ODA (Official Development Assistance), foreign preferential loans:
– Basic of re-lending agreement between Ministry of Finance and Provincial People’s Committee of each project; the number of re-lending that shall be assigned by the Prime Minister in the annual local budget estimates; The form of capital withdrawal and disbursement of ODA capital, foreign preferential loans within the scope of assigned estimates.
4. Organizing to borrow from other domestic sources such as: Borrowing from provincial financial reserve fund, credit organization in the country.
Therefore, Decree No.93/2018/NĐ-CP specifically regulated on management principles, forms and condition for borrowing, annual payment and borrowing plan of authorities local, this will facilitate the management and development of financial plans of state management agencies.
On June 30, 2018 the government issued Decree No.97/2018/NĐ-CP regulates on re-lending ODA (Official Development Assistance – ODA) capital, foreign preferential capital of the government. This Decree takes effect from July 01, 2018.
Accordingly, Decree No.97/2018/NĐ-CP provides the rate of re-lending of ODA and preferential loans capital, as follows:
1. For People’s Committee of province.
– The re-lending rate is 30% of ODA loan capital, preferential loan capital to the locals which have rate of the central budget compared with the local budget balance from 70% or more.
– The re-lending rate is 40% of ODA loan capital, preferential loan capital to the locals which have balanced ratio of the central budget compared with the total local budget balance from 50% to under 70%;
– The re-lending rate is 50% of ODA loan capital, preferential loan capital to the locals which have balanced ratio of the central budget compared with the total local budget balance to under 50%;
– The re-lending rate is 50% of ODA loan capital, preferential loan capital to the locals which are with the balanced central budget (exclude Hanoi City and Ho Chi Minh City);
– The re-lending rate is 100% of ODA loan capital, preferential loan capital to Hanoi City and Ho Chi Minh City;
– The Minister of Finance shall announce the rate of re-lending of ODA loan capital and preferential loan capital for each province or centrally run city for each period of budget stabilization before January 1 of the first year of the period stabilize the budget.
2. For public non-business units:
– The re-lending rate is 100% of ODA loan capital, preferential loan capital use for investment projects for public non-business units shall self-finance all regular expenditures and investment funds;
– The re-lending rate is 100% of ODA loan capital, preferential loan capital use for investment projects for public non-business units shall self-finance all regular expenditures and a part of investment funds;
3. For enterprises
Enterprises that are enough conditions to re-lending all ODA loan capital, preferential loan capital to use for investment project, but not exceed 70% of the total investment approved by competent authorities.
By specific regulations on re-lending rates for each target group, Decree No.97/2018/NĐ-CP is considered as a basis for state agencies as well as enterprises to carry out ODA re-lending procedures for preferential loans, thereby reducing the negative issues arising in the allocation of local concessional loans.
On March 12, 2018, the Governor of the State Bank of Vietnam issued Circular No.04/2018/TT-NHNN amending and supplementing Circular No.08/2017/TT-NHNN on banking supervisory processes and procedures. This Circular took effect since July 1, 2018.
Accordingly, Circular No.04/2018/TT-NHNN provides some new highlights as follows:
- Adding 04 remedial measures for banking supervision, including:
– Recommendations and warnings.
– Administrative penalties prescribed by laws.
– Early intervention action.
– Other banking supervisory actions that are suggested to competent authorities in accordance with laws
- Specifying the competence to apply early intervention measure to banking supervisors, namely:
– Banking Inspection and Supervision Chief, and Directors of State Bank Branches of centrally-affiliated cities and provinces where the Banking Inspection and Supervision Department is not located, shall request the State Bank’s Governor to consider issuing the written document on imposition of early intervention action on entities subject to banking supervision;
– Banking Inspection and Supervision Chief shall consider issuing the written document on imposition of early intervention action on entities subject to banking supervision, including people’s credit funds and microfinance institutions within local subdivisions under the control of the Banking Inspection and Supervision Department;
– Directors of State Bank Branches of centrally-affiliated cities and provinces where the Banking Inspection and Supervision Department is not located shall consider issuing the written document on imposition of early intervention action on entities subject to banking supervision, including people’s credit funds and microfinance institutions within these local subdivisions
- Regulations on oversight, stimulation and assessment of implementation of recovery and resolution plans of entities subject to banking supervision to whom early intervention action is applied
Thus, with the specific regulations on banking supervisory processes and procedures, Circular No.04/2018/TT-NHNN is expected to be a legal framework to ensure accuracy, objectivity, honesty, timely and uninterrupted operation of this activity, at the same time, does not obstruct the normal operation of entities subject to banking supervision.
On January 23,2018, the government issued Decree No.13/2018/ND-CP namely provided and the solution to implement the Law Access to information. This Decree took effect since July 01, 2018.
Accordingly, Decree No.13/2018/ND-CP clearly provides solutions for granting favorable opportunities for the disabled and those who reside in border regions, islands, mountainous regions, areas faced to extremely difficult social and economic conditions to practice their right of access to information. At the same time the Decree also provides about accessing to information of citizens via organization, enterprises and a form of requesting for information and solutions to implement Law on access to information. Specifically:
- The head of organizations take responsible for applicants request for information can use their cell phone and other technology equipment to photocopy, duplication documents. Arrange locations to read, listen, watch, write, photocopy, duplication information to directly provide information at agencies. Arrange suitable equipment at headquarters to provide information and make favorable conditions for people access to information by photos, videos and provide other listening and seeing information.
- Increase time for transmission, broadcast news for the kind of information that relates to institution, policy of people who reside in border regions, islands, mountainous regions, areas faced to extremely difficult social and economic conditions.
- Base on the true conditions, the state agencies establish their web portal to provide basic functions to support the disabled can access to and use information and the media for accessing to information that posted on the Portal, Website.
- The state facilitates and encourages enterprises, organizations and individual use advanced scientific, technology in establishment a public information system; upgrade, invest specialized equipment to serve for activities of accessing to information of the state in border regions, islands.
By issuing Decree No.13/2018/ND-CP, the Government has created a specific legal framework to support all citizens, especially those living in remote areas, people with disabilities have access to information more easily and conveniently. Thereby contributing to better protection of citizen rights and human rights in the spirit of the 2013 Constitution.
On April 06, 2016 the National Assembly issued the Law No.104/2016/QH13 Law on access to information. This Law took effect since July 01, 2018.
Accordingly, Law on access to information No.104/2016/QH13 has remarkable new regulations as following:
This law provides for the exercise of the Vietnamese citizens’ right of access to information of state agencies, foreigners who residing in Vietnam have right on requirement to access to information directly relate to their rights and duties. However, people cannot access all of information, the Law clearly provides the inaccessible information and conditional accessible information in the following cases:
- Inaccessible information
– Classified information associated with politics, national defense and security, foreign relations, economics, science, technology and other fields as regulated by the law. Once classified information is declassified, citizens may access to it as regulated by the decision of the competent state agencies.
– Information the access to which is considered as harming the national interests, causing adverse influence on the national defense and security, international relations, social order and security, social ethics and the community health; harming human life, living or property of others; information classified as working secrets; those concerning internal meetings of state agencies; documents drafted by state agencies to serve their internal activities.
- Accessible information with particular conditions
– Information relating to a trade secret may be accessible if the trade secret holder has assented to the access to such information;
– Information relating to secrets and privacy of an individual may be accessible if such individual grants an assent; information relating to family secrets may be accessible if there is an assent granted by all members of that family.
In addition, Law on Access to information also provides Heads of state agencies may, during the execution of their functions, tasks and powers, and where necessary, decide the provision of information concerning trade secrets, personal secrets and privacy or family secrets for the purpose of protecting interests and health of the community as regulated by relevant laws without asking for the assent of relevant entities.
On the other hand, the citizens have right of access to information in two methods:
- Directly come the competent state agency to request for information (reading, writing, copy, scan, etc.)
- In cases the citizens cannot directly come to the competent state agency to request for information, they have right of requesting the competent state agency to provides via internet (email), fax or post office.
Two above-cases, applicants for the provision of information must pay fees incurred from printing, photocopying, duplication, sending information (if any).
Therefore, it can be seen that Law on access to information No.104/2016/QH13 is necessary and suit to the trend of expending the democratic freedom rights of citizens and commitments to implement human rights that Vietnam has signed or acceded to.
On July 3, 2018, the Prime Minister issued Decision No.807/QD-TTg approving the target program to thoroughly handle the establishments causing serious environmental pollution in the public utility sector in the 2016-2020 period. This Circular took effect from the date of its promulgation.
Accordingly, Decision No. 807/QD-TTg regulates measures to thoroughly handle the establishments causing serious environmental pollution in the public utility sector as follows:
- To formulate and apply tested environmental technologies to rehabilitate and restore the environment for some unhygienic landfills that are causing particularly serious environmental pollution in different areas for widespread application in the following stages;
- To relocate buildings and people living in contaminated areas;
- To isolate and prevent pollution to the surrounding environment; develop safety systems to prevent people and animals from contacting polluted areas;
- To conduct treatment, rehabilitation and restoration of the environment (land, water, air), ensuring the current environmental regulations;
- To monitor and supervise environmental quality during and after implementation.
Through specific measures, Decision No.807/QD-TTg expresses the Government’s determination to restore polluted environments to ensure public health and to contribute to sustainable development of the country.