Many new policies take effect from December 2015

(Baonghean.vn)- From December 1, 2015, a series of new policies will take effect such as tuition fee collection mechanism, new regulations on passport renewal, social housing purchase can be borrowed up to 80% of contract value...

New regulations on tuition collection mechanism

According to Decree No. 86/2015/ND-CP(See decree86/2015/ND-CP) dated October 2, 2015 of the Government regulating the mechanism for collecting and managing tuition fees for educational institutions in the national education system and the policy of exempting and reducing tuition fees, supporting learning costs from the 2015-2016 school year to the 2020-2021 school year, effective from December 1, 2015, tuition fees for mass education programs at preschool and public general education levels in the 2015-2016 school year range from 60,000 - 300,000 VND/month/student for urban areas; from 30,000 - 120,000 VND/month/student for rural areas and from 8,000 - 60,000 VND/month/student for mountainous areas.

Candidates complete admission procedures at Vinh University.

From the 2016-2017 school year onwards, tuition fees for public preschool and general education programs will be adjusted according to the average annual increase in the consumer price index announced by the Ministry of Planning and Investment.

Special financial supervision when state-owned enterprises show signs of financial insecurity

Effective from December 1, 2015, Decree No. 87/2015/ND-CP (See Decree87/2015/ND-CP)dated October 6, 2015 on supervision of state capital investment in enterprises; financial supervision, assessment of performance and disclosure of financial information of state-owned enterprises and enterprises with state capital stipulates that state-owned enterprises may be subject to special financial supervision when there are signs of financial insecurity: 1- For enterprises in the planned loss period, the loss incurred in the reporting year is greater than 30% of the planned loss level approved by competent authorities. 2- For enterprises after the planned loss period, the loss incurred in the reporting year is from 30% of the owner's investment capital or more or the accumulated loss is greater than 50% of the owner's investment capital; the debt-to-equity ratio exceeds the safety level prescribed by law on management and use of state capital invested in production and business at enterprises and regulations of the owner's representative agency (if any); has a debt service coverage ratio of less than 0.5.

State-owned enterprises are not allowed to contribute capital to real estate and banking.

According to Decree No. 91/2015/ND-CP(See Decree)91/2015/ND-CP)dated October 13, 2015 on state capital investment in enterprises and management and use of capital and assets at enterprises effective from December 1, 2015, state-owned enterprises are not allowed to contribute capital or invest in the real estate sector (except for state-owned enterprises whose main business lines are real estate types as prescribed by the Law on Real Estate Business), are not allowed to contribute capital or buy shares in banks, insurance companies, securities companies, venture capital funds, securities investment funds or securities investment companies, except in special cases as decided by the Prime Minister.

Conditions for determining defense and security enterprises

Decree 93/2015/ND-CP (See Decree93/2015/ND-CP)dated October 15, 2015 on the organization, management and operation of defense and security enterprises effective from December 1, 2015 stipulates that an enterprise identified as a defense and security enterprise must ensure 3 conditions: 1- Being a state-owned enterprise under the Ministry of National Defense, Ministry of Public Security; 2- Having an industry, field of operation or area directly serving defense and security; 3- Being assigned by a competent authority to produce and supply defense and security products and services or to perform defense and security tasks stably and regularly using state resources or enterprise resources in accordance with the investment and establishment objectives of the enterprise.

New regulations on passport renewal

According to Decree 94/2015/ND-CP(See Decree)94/2015/ND-CP)dated October 16, 2015 amending and supplementing a number of articles of Decree No. 136/2007/ND-CP dated August 17, 2007 on exit and entry of Vietnamese citizens effective from December 1, 2015, diplomatic passports and official passports are valid for no more than 5 years from the date of issue. Diplomatic passports and official passports that are valid for less than 1 year (in Decree 65/2012/ND-CP, it is 6 months) can be extended once, for a maximum of 3 years; when expired, procedures for reissuance must be completed.

Ordinary passports are valid for no more than 10 years from the date of issue and cannot be extended. Ordinary passports that are still valid will be reissued, and when they expire, a new passport must be issued.

Detailed regulations on a number of articles of the Law on Petroleum

Effective from December 1, 2015, Decree No. 95/2015/ND-CP(See Decree)95/2015/ND-CP)dated October 16, 2015 detailing a number of articles of the Petroleum Law dated July 6, 1993; the Law amending and supplementing a number of articles of the Petroleum Law dated June 9, 2000 and the Law amending and supplementing a number of articles of the Petroleum Law dated June 3, 2008 on the implementation of activities related to basic investigation; bidding for oil and gas exploration and exploitation projects; exploration, development of mines, and exploitation of oil and gas (including processing, collection, storage, transportation of oil and gas in the exploitation area to the delivery point and oil and gas service activities);...

Encourage the establishment of social enterprises

According to Decree 96/2015/ND-CP(See Decree96/2015/ND-CP)dated October 19, 2015 detailing a number of articles of the Law on Enterprises effective from December 8, 2015, the State encourages and creates conditions for organizations and individuals to establish social enterprises with the objective of operating to solve social and environmental issues for the benefit of the community.

Leadership management at enterprises in which the State holds 100% of charter capital

Decree No. 97/2015/ND-CP(See Decree)97/2015/ND-CP)dated October 19, 2015 on management of persons holding titles and positions at enterprises which are one-member limited liability companies in which the State holds 100% of the charter capital, effective from December 5, 2015.

This Decree provides for the authority to decide, appraise; hold concurrent positions; assess and train knowledge; plan; appoint, re-appoint; resign, dismiss, transfer, rotate; reward, discipline; terminate employment, retire and manage records of persons holding titles and positions at enterprises that are single-member limited liability companies in which the State holds 100% of the charter capital.

Enforce investors not to hand over apartment building maintenance fees

Decree 99/2015/ND-CP (See Decree99/2015/ND-CP)dated October 20, 2015, detailing and guiding the implementation of a number of articles of the Housing Law effective from December 10, 2015, which stipulates that in case the investor fails to hand over the maintenance fund for the common property of the apartment building within the prescribed time limit, the provincial People's Committee shall be responsible for issuing a decision to enforce the recovery of the maintenance fund for handover to the Management Board and send this decision to the investor, the Management Board and the credit institution where the investor opens an account.

Buy social housing can borrow 80% of contract value

According to Decree 100/2015/ND-CP(See Decree)100/2015/ND-CP)dated October 20, 2015 on the development and management of social housing effective from December 10, 2015, in case of buying, renting, or hire-purchasing social housing, the maximum loan amount is 80% of the value of the contract for buying, renting, or hire-purchasing the house; in case of new construction or renovation or repair of a house, the maximum loan amount is 70% of the estimated value or loan plan and does not exceed 70% of the value of the property securing the loan.

2 cases of the State investing in renovating and rebuilding apartment buildings

According to Decree 101/2015/ND-CP(See Decree)101/2015/ND-CP)dated October 20, 2015 on renovation and reconstruction of apartment buildings effective from December 10, 2015, the State shall invest in renovation and reconstruction of apartment buildings in 2 cases:

1- If an apartment building is subject to demolition for renovation or reconstruction and the prescribed time limit has expired, but the owners fail to select a real estate business enterprise to carry out the demolition or reconstruction, the State shall enforce the demolition to directly invest in the renovation or reconstruction of that apartment building using the capital source specified in Clause 3, Article 36 of the Housing Law.

2- The State implements the form of build-transfer (BT) contracts with investors undertaking the reconstruction of old apartment buildings on the old land area or at other locations to serve the resettlement needs of apartment building owners subject to demolition for renovation and reconstruction.

Tightly manage non-aviation service prices

Effective from December 12, 2015, Decree No. 102/2015/ND-CP(See Decree)102/2015/ND-CP)dated October 20, 2015 on management and exploitation of airports and airfields stipulates that the provision of non-aviation services at airports must ensure reasonable prices, meeting service needs. The Civil Aviation Authority of Vietnam will supervise the organization of non-aviation services; check the price-forming factors, and if necessary, prescribe prices or price frames...

Conditions for salary increase of police officers before retirement

According to Decree 103/2015/ND-CP(See Decree)103/2015/ND-CP)dated October 20, 2015 detailing and implementing measures for a number of articles of the Law on People's Public Security effective from December 6, 2015, when a People's Public Security officer retires, if he or she has been promoted in rank or has had his or her salary raised for 2/3 of the term or more, and during the period of receiving salary at rank or salary level, has not violated discipline, and is assessed as completing the task or higher, he or she will be raised by 1 salary level.

Clearly define the authority of the Environmental Police

According to Decree 105/2015/ND-CP(See Decree)105/2015/ND-CP)dated October 20, 2015 detailing the implementation of a number of articles of the Environmental Police Ordinance effective from December 5, 2015, the environmental police have the task of advising and directing the work of preventing and combating crimes and administrative violations related to the environment, resources, and food safety; applying working measures and professional measures to organize the prevention and combat of crimes and administrative violations related to the environment, resources, and food safety...

Management of representatives at State-owned enterprises holding over 50% of charter capital

Effective from December 10, 2015, Decree 106/2015/ND-CP(See Decree)106/2015/ND-CP)dated October 23, 2015 on the management of representatives of state capital holding management positions at enterprises in which the State holds more than 50% of the charter capital, stipulating the decentralization of decision-making authority; concurrent positions, number; assessment; appointment, re-appointment, dismissal; rewards, discipline; nomination for election, dismissal, appointment; resignation, retirement and management of records for representatives of state capital holding management positions at enterprises in which the State holds more than 50% of the charter capital.

Amendment of regulations on public employee payroll management

Effective from December 15, 2015, Decree No. 110/2015/ND-CP (See Decree110/2015/ND-CP)dated October 29, 2015 amending and supplementing a number of articles of Decree No. 21/2010/ND-CP dated March 8, 2010 of the Government on management of civil servant payroll. In which, Decree 110/2015/ND-CP adjusts a number of regulations on responsibility for managing civil servant payroll.

The outstanding debt level of capital mobilized for investment in Hanoi City does not exceed 150%.

Decree 112/2015/ND-CP(See Decree)112/2015/ND-CP)dated November 3, 2015 amending and supplementing Article 5 of Decree No. 123/2004/ND-CP dated May 18, 2004 of the Government regulating a number of specific financial and budgetary mechanisms for the capital city of Hanoi, effective from December 20, 2015.

Accordingly, the total outstanding debt of capital sources mobilized for investment in projects and works under the investment task from the city budget shall not exceed 150% of the total capital for basic construction investment of the city budget according to the estimate decided by the City People's Council annually. The special budget mechanism stipulated above shall be implemented in the budget years of 2015 and 2016. From January 1, 2017, it shall be implemented in accordance with the provisions of the State Budget Law 2015.

Special regulations applicable to export processing zones and export processing enterprises

Effective from December 25, 2015, Decree No. 114/2015/ND-CP(See Decree)114/2015/ND-CP)dated November 9, 2015 amending and supplementing Article 21 of Decree No. 29/2008/ND-CP dated March 14, 2008 of the Government regulating industrial parks, export processing zones and economic zones, which was amended and supplemented by Decree No. 164/2013/ND-CP dated November 12, 2013. Specifically, Decree 114/2015/ND-CP amended and supplemented the specific regulations applicable to export processing zones and export processing enterprises.

Detailed regulations and instructions for implementing the Investment Law

Decree118/2015/ND-CP(See Decree)118/2015/ND-CP)dated November 12, 2015 detailing and guiding the implementation of a number of articles of the Investment Law effective from December 27, 2015, this Decree details and guides the implementation of a number of articles of the Investment Law on the application, control, and announcement of business investment conditions; investment guarantee measures; investment incentives; implementation of investment project activities; investment procedures; implementation of investment project activities and state management of investment activities.

Policy for frontline workers

According to Decision No. 49/2015/QD-TTg(See Decision)49/2015/QD-TTg)dated October 14, 2015 of the Prime Minister on a number of regimes and policies for frontline laborers participating in the resistance war against France, against the US, the war to protect the Fatherland and performing international duties, the one-time subsidy level is determined according to the actual time of direct participation in frontline laborers (in case of participation in frontline laborers in different periods or interruptions, it will be accumulated). Specifically: Less than 1 year, the subsidy level is 2,000,000 VND; from 1 year to less than 2 years, the subsidy level is 2,700,000 VND; from 2 years or more, the subsidy level is 3,500,000 VND. This regulation takes effect from December 1, 2015.

Thuy Linh (Synthesis)