Many new outstanding policies take effect from May 2017

(Baonghean.vn) -Abolish many contract forms related to land use rights;New regulations on depreciation of fixed assets in 2017;Increase fines for discharging waste in violation of license content;Fines of up to 3 million VND for dumping animal carcasses into the environment;... are new policies that take effect from May 2017.

1. Abolish many contract forms related to land use rights

Illustration photo.

This is the main content mentioned in Circular 04/2017/TT-BTP (effective from May 28, 2017) regulating the abolition of a number of legal documents.

Accordingly, Circular 04/2017/TT-BTP abolishes the entire Joint Circular 04/2006/TTLT-BTP-BTNMT; the contract forms (HD) related to land use rights (QSDD) used for Notary Offices and Commune People's Committees issued with Joint Circular 04 will also be abolished as follows:

Contracts on conversion of agricultural land use rights of households and individuals; Contracts on transfer, donation, mortgage, lease of land use rights and assets attached to land; Contracts on transfer, donation, mortgage, lease of land use rights; Contracts on sale, donation, mortgage, lease of assets attached to land; Contracts on capital contribution using land use rights and assets attached to land; Contracts on capital contribution using land use rights; Contracts on capital contribution using assets attached to land; ...

2. New regulations on depreciation of fixed assets in 2017

Illustration photo.

Officially effective from May 26, 2017 and applied from fiscal year 2016, Circular No. 28/2017/TT-BTC amends and supplements a number of regulations related to depreciation of fixed assets issued by the Ministry of Finance with many important innovations.

Circular 28 annuls Clause 1, Article 1 of Circular No. 147/2016/TT-BTC dated October 13, 2016 of the Ministry of Finance amending and supplementing a number of articles of Circular No. 45/2013/TT-BTC dated April 25, 2013 of the Ministry of Finance guiding the management, use and depreciation of fixed assets.

Circular amending and supplementing the third bullet point of Point d Clause 2 Article 4 Circular No. 45/2013/TT-BTC dated April 25, 2013 of the Ministry of Finance guiding the management, use and depreciation of fixed assets.

3. Increase fines for discharging waste in violation of license content

Illustration photo.

According to Decree 33/2017/ND-CP (effective from May 20, 2017) regulating administrative sanctions for violations in the field of water resources and minerals, the fine is increased from 30 million VND to 50 million VND to 100 million VND to 120 million VND for one of the following violations:

Discharging wastewater into water sources at locations and coordinates other than those specified in the license.

Discharging wastewater into water sources not in accordance with the regime and method specified in the license.

In addition, the Decree also stipulates increased penalties for some violations in water resource protection, such as fines of 10-15 million VND for acts of managing and operating works that cause water loss and waste (the current fine is 6-10 million VND).

4. Fine up to 3 million VND for dumping animal carcasses into the environment

Illustration photo.

This is a new regulation amended and supplemented in Decree 41/2017/ND-CP on administrative sanctions for violations in aquaculture activities; veterinary, livestock breeds, animal feed; forest management, development, protection and forest product management.

Accordingly, from May 20, 2017, a fine of 2 million to 3 million VND will be imposed on pet owners who commit one of the following violations:

Using veterinary drugs not included in the List of veterinary drugs permitted for circulation in Vietnam or not yet approved by a competent authority to prevent or treat diseases in animals;

Disposing of sick or dead animals and their products, discharging wastewater and waste carrying pathogens into the environment;

Failure to comply with rabies vaccination for pets.

The Decree also stipulates the penalty for the use of each banned substance in animal husbandry and aquaculture, which will be fined from 50 to 70 million VND and: Fine from 40 to 50 million VND for the act of transporting, trading, collecting, storing, slaughtering animals, pre-processing, and processing animal products containing banned substances used in animal husbandry.

Fines from 70 to 100 million VND for each act of using prohibited substances in the production, processing and trading of animal feed; at the same time, suspension of operations from 06 to 12 months (current level from 01 to 03 months).

5. Amendment of regulations on administrative sanctions for violations of copyright and related rights

Illustration photo.

Decree No. 28/2017/ND-CP amending and supplementing a number of articles of Decree No. 131/2013/ND-CP dated October 16, 2013 of the Government regulating administrative sanctions for violations of copyright and related rights and Decree No. 158/2013/ND-CP dated November 12, 2013 of the Government regulating administrative sanctions for violations in the fields of culture, sports, tourism and advertising, effective from May 5, 2017.

Decree No. 28/2017/ND-CP (hereinafter referred to as Decree No. 28/2017) maintains the regulation of fines from 1 million to 2 million VND for people who hang, place, paste, or draw advertisements for products, goods, and services on electric poles, traffic signal poles, and trees in public places.

At the same time, Decree No. 28/2017 clearly states that warnings or fines from VND 200,000 to VND 500,000 will be imposed on the act of distributing advertising leaflets that affect aesthetics, traffic safety and social order.

Fines from 2 million VND to 5 million VND for the following acts: Advertising on the front, back and roof of a vehicle; Advertising exceeding the permitted advertising area of ​​each side of a vehicle as prescribed.

Decree 28 also stipulates a fine of 5 to 10 million VND for those whose products, goods and services are advertised on leaflets that affect aesthetics, traffic safety and social order.

Decree No. 28/2017 also adds a fine of 15 to 20 million VND for the following acts:

+ Disseminate and circulate personal images of fashion models and performing artists with offensive content that is not suitable for Vietnamese customs and traditions.

+ Having behaviors that are not in accordance with Vietnamese customs or behaviors that negatively affect foreign relations during the organization of fashion shows and art performances.

In addition, Decree No. 28/2017 also supplements regulations on administrative sanctions for violations of business conditions for antique appraisal, certificates for practicing relic restoration, and certificates of eligibility to practice relic restoration.

Also according to Decree No. 28/2017, the act of advertising directly on foreign websites providing cross-border advertising services without going through an organization or individual providing advertising services registered in Vietnam will be fined from 2 million to 5 million VND.

Supplementing regulations on fines from 3 million to 5 million VND for acts of distributing films that do not comply with the content and scope of the film distribution license or broadcasting decision; or for cinemas that use special effects that affect viewers without ensuring facilities and equipment.

6. Amendment and supplement to construction cost estimates

Illustration photo.

Decision No. 235/QD-BXD on promulgating the Construction Cost Estimates - Construction Part (amended and supplemented) takes effect from May 1, 2017.

Accordingly, the construction estimate norm - revised and supplemented construction part (hereinafter referred to as the Estimate Norm) is an economic and technical norm showing the level of waste in materials, labor and construction machinery to complete a unit of construction work volume such as 1m³brick wall, 1m³concrete, 1 ton of steel reinforcement... from the preparation stage to the completion of construction work (including necessary losses due to technical requirements and production organization to ensure continuous construction, in accordance with procedures and technical regulations).

Estimated norms are established on the basis of construction standards and regulations; technical regulations on design - construction - acceptance; general level of mechanization in the construction industry; technical equipment, construction methods and scientific and technical advances in construction (new materials, advanced construction equipment and technology, etc.).

7. From May 5, both flyer distributors and advertisers will be fined.

Illustration photo.

This is a new regulation, current regulations do not provide for penalties for these two subjects.

The Government has just issued Decree 28/2017/ND-CP amending and supplementing regulations on administrative sanctions for violations of copyright and related rights and regulations on administrative sanctions for violations in the fields of culture, sports, tourism and advertising, effective from May 5.

Accordingly, Decree 158/2013/ND-CP on administrative sanctions in the fields of culture, sports, tourism and advertising is amended as follows:

- Warning or fine from 200,000 VND to 500,000 VND for distributing advertising leaflets that affect aesthetics, traffic safety and social order.

- Fine from 5 million VND to 10 million VND for people whose products, goods and services are advertised on leaflets that affect aesthetics, traffic safety and social order.

- Fine from 5 million VND to 10 million VND for people who advertise products, goods and services by hanging, placing, pasting or drawing advertisements on electric poles, traffic signal poles and trees in public places.

- Fine from 1 million VND to 3 million VND for selling tickets and collecting money to attend the festival.

A fine of VND 2 million to VND 5 million shall be imposed for one of the following acts: Advertising on the front, back and roof of a vehicle; Advertising exceeding the permitted advertising area of ​​each side of a vehicle as prescribed. The remedy is to force the removal or deletion of the violating advertisement.

Fines from 15 million to 20 million VND for advertising special products, goods and services without having the content confirmed by a competent state agency before advertising as prescribed (current regulations only impose a fine of 5 to 10 million).

Peace

(Synthetic)