10 new policies effective from November 2016

(Baonghean.vn) - Starting price for auctioning land use rights; special allowances for some judicial and inspection positions in the Army; assessment of primary school students according to 3 levels; Energy consumption standards for the beer industry; Instructions for calculating land use fees when reselling social housing;... are new policies that take effect from November 2016.

1- Special allowances for some judicial and inspection positions in the Army

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Decision No. 42/2016/QD-TTg amending Clause 1, Article 1 of Decision No. 72/2007/QD-TTg dated May 23, 2007 of the Prime Minister on special allowance regime for a number of judicial and inspection positions in the Army takes effect from November 25, 2016.

Accordingly, Chief Justices, Deputy Chief Justices, Judges of Military Courts at all levels; Chief Prosecutors, Deputy Chief Prosecutors, Prosecutors of Military Procuracies at all levels; Chief Inspectors, Deputy Chief Inspectors, Inspectors of the Defense Inspectorate; Heads, Deputy Heads, Investigators of the Investigation Agency of the Central Military Procuracy; Heads, Deputy Heads, Investigators of Criminal Investigation Agencies, Security Investigation Agencies at all levels; Enforcement Officers of the Enforcement Agencies of Military Regions, the Navy and the General Staff are entitled to an allowance of 15%.

The 10% allowance applies to Inspectors of Military Procuracies at all levels; Examiners and Court Secretaries of Military Courts at all levels; Judgment Enforcement Examiners of the Department of Judgment Enforcement of the Ministry of National Defense; Examiners and Judgment Enforcement Secretaries of Judgment Enforcement Agencies of Military Regions, Navy Services, and the General Staff.

2- Starting price for land use rights auction

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Decree No. 135/2016/ND-CP dated September 9, 2016 amending and supplementing a number of articles of the Decrees regulating the collection of land use fees, land rent, and water surface rent, effective from November 15, 2016.

Decree amending and supplementing a number of articles of Decree No. 45/2014/ND-CP dated May 15, 2014 of the Government regulating the collection of land use fees. In particular, amending the regulations on the collection of land use fees when the State allocates land. Specifically, economic organizations, households and individuals who are allocated land by the State with land use fees collected through the form of land use rights auctions shall pay the land use fees as the winning auction amount.

The determination of the specific starting price is as follows: The starting price for auctioning land use rights in cases of auctioning land use rights where the area for calculating land use fees of the land plot or auctioned land has a value (calculated according to the land price in the Land Price List) of 30 billion VND or more for centrally-run cities; 10 billion VND or more for mountainous and highland provinces; 20 billion VND or more for the remaining provinces is the specific land price determined by the Department of Natural Resources and Environment, transferred to the local Land Price Appraisal Council with the Department of Finance as the standing member of the Council to organize the appraisal, and submit it to the Provincial People's Committee for approval.

The starting price for auctioning land use rights in cases of auctioning land use rights where the area for calculating land use fees of the auctioned land plot or land area has a value (calculated according to the land price in the Land Price List) of less than VND 30 billion for centrally-run cities; less than VND 10 billion for mountainous and highland provinces; less than VND 20 billion for the remaining provinces is the specific land price determined by the financial agency according to the land price adjustment coefficient method.

Determining the starting price for auction of land use rights associated with state-owned assets is implemented in accordance with the provisions of law on management and use of state assets.

3 - Assessing primary school students at 3 levels

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Effective from November 6, 2016, Circular 22/2016/TT-BGDDT amends and supplements a number of articles of the Regulations on primary school student assessment issued together with Circular 30/2014/TT-BGDDT dated August 28, 2014, stipulating that there are 3 levels of primary school student assessment: Good completion, completion and incomplete. The assessment according to the 3 levels will be carried out by teachers in the middle of the semester and at the end of each semester.

Circular 22 also stipulates that through the regular assessment process at the middle and end of each semester, each capacity and quality is quantified into three levels: Good, Achieved, Need to try.

4 - Regulations on mandatory costs that the surrogate mother must pay

The surrogate mother is covered for all health care costs during the embryo transfer preparation process until the birth of the child.

Circular No. 32/2016/TT-BYT regulating the payment of actual costs to ensure reproductive health care for the party requesting surrogacy for humanitarian purposes takes effect from November 1, 2016.

Accordingly, the costs that the surrogate mother must pay include: Travel costs to medical examination and treatment facilities for consultation, examination, check-up, health monitoring, and medical services and techniques: determined according to the price listed on the ticket, invoice, or payment receipt with the vehicle owner. At the same time, payment of medical-related costs...

5 - Energy consumption standards for beer production industry

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From November 1, 2016, Circular 19/2016/TT-BCT regulating energy consumption standards in the beer production industry will take effect. Accordingly:

- For facilities with a capacity of over 100 million liters, the consumption rate by 2020 is 140 MJ/hl, from 2021 to the end of 2025 it is 129 MJ/hl.

- For facilities with a capacity of 20 - 100 million liters, the consumption rate by 2020 is 215 MJ/hl, from 2021 to the end of 2025 is 196 MJ/hl.

- For facilities with a capacity of less than 20 million liters, the consumption rate by 2020 is 306 MJ/hl, from 2021 to the end of 2025 it is 286 MJ/hl.

The energy consumption rate of beer industry production facilities by the end of 2025 must not exceed the above rate. If higher, the facility must develop and implement solutions to improve energy efficiency.

6 - Applying electronic C/O according to the ASEAN Trade in Goods Agreement

ASEAN countries have agreed on the contents that need to be revised in the Chapter on Rules of Origin of ATIGA.

Circular 22/2016/TT-BCT on the implementation of the Rules of Origin of Goods in the ASEAN Trade in Goods Agreement will take effect from November 15, 2016. Accordingly:

The electronic C/O is developed in accordance with the “Guidelines for Implementation of Messages and Specifications for Processing of Electronic ATIGA Form D C/O” and is transmitted electronically between Member Countries through the ASEAN Single Window.

- Electronic C/O has the same legal effect as paper C/O; can be submitted, issued and accepted in place of paper C/O.

- Regarding checking the application for electronic C/O: the checking is similar to that for paper C/O; accepted, verified as fully declared and authenticated in electronic form.

- Regarding storage and maintenance of C/O records: relevant parties (Manufacturer and/or exporter; C/O issuing organization) must store documents/files requesting C/O issuance for a period of 05 years from the date of issuance/date of issuance.

This Circular annuls Circular 21/2010/TT-BCT and Circular 42/2014/TT-BCT.

7 - Ministry of Industry and Trade officially abolishes Circular 37

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On October 12, Minister of Industry and Trade Tran Tuan Anh signed and issued Circular No. 23/2016/TT-BCT, abolishing Circular No. 37/2015/TT-BCT dated October 30, 2015, regulating the limits and inspection of formaldehyde and aromatic amines converted from azo dyes in textile products.

According to Circular 37, textile products not subject to this Circular include yarn, unfinished raw fabric, diplomatic exemption goods, goods in consular bags, movable assets, gifts, and presents within the import tax exemption limit as prescribed in Decision No. 31/2015/QD-TTg dated August 4, 2015 of the Prime Minister.

The subjects of application are organizations and individuals that produce and import textile products for consumption in the Vietnamese market. The Ministry of Industry and Trade designates and authorizes participation in state inspection activities for the content of formaldehyde and aromatic amines converted from azo dyes in textile products.

Circular 23 takes effect from November 26, 2016.

8 - New regulations on traffic signs and road markings

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Circular No. 06/2016/TT-BGTVT dated April 8, 2016 promulgating National Technical Regulations on road signs.

Accordingly, the Regulation stipulates the road signaling system, including: traffic controller's commands, traffic light signals, signs, road markings, marker posts, protective walls and barriers, kilometer posts, H posts, road boundary markers, convex mirrors, and median strips with protective railings.

The standards regulating the signaling system apply to all roads in the Vietnam road network including: expressways, national roads, provincial roads, district roads, commune roads, urban roads, specialized roads and roads in the road system participating in international treaties of which Vietnam is a member (external routes).

Regarding implementation, the Vietnam Road Administration is responsible for guiding and inspecting the implementation of the Standards on the entire road network; implementing them on the national highway system; developing guidelines for the design and installation of road signaling systems, ensuring consistency and synchronization according to these Standards.

The Circular takes effect from November 1, 2016 and replaces Circular No. 17/2012/TT-BGTVT dated May 29, 2012 of the Minister of Transport promulgating the "National technical regulation on road signs" QCVN 41:2012/BGTVT and Circular No. 27/2015/TT-BGTVT dated June 23, 2015 of the Minister of Transport promulgating the "National technical regulation on highway signs" QCVN 83:2015/BGTVT.

9 - Conditions for borrowing capital from the National Science and Technology Development Fund

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Organizations and individuals who need to borrow capital from the National Science and Technology Development Fund to carry out scientific and technological tasks must comply with the provisions of Circular 14/2016/TT-BKHCN effective from November 1, 2016. Specifically:

- Have full civil legal capacity, civil conduct capacity, and bear civil responsibility according to regulations.

- Have sufficient professional capacity and material facilities to carry out the project.

- Implement regulations on loan guarantees according to Article 7 of this Circular and relevant legal regulations.

- At the time of loan application, there are no outstanding tax debts or bad debts at credit institutions or foreign bank branches.

- Have equity capital to participate in project implementation of at least 20% of total investment capital of the project.

10- Registration for share auction

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Circular 115/2016/TT-BTC amends Circular 196/2011/TT-BTC providing guidance on initial share sale and management and use of proceeds from equitization of 100% state-owned enterprises converting into joint stock companies. Accordingly:

In case the Equitization Steering Committee (or the authorized equitized enterprise) has signed an Auction Service Provision Contract with the Stock Exchange (SGDCK) before November 1, 2016, the equitized enterprise shall continue to register for the auction of shares according to the instructions in Circular 196/2011/TT-BTC.

By November 1, 2016, if the Equitization Steering Committee (or authorized equitized enterprise) has not signed an Auction Service Provision Contract with the Stock Exchange, it shall follow the instructions in Circular 115/2016/TT-BTC.

Circular 115/2016/TT-BTC takes effect from November 1, 2016.

Peace

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