Several notable new policies came into effect in May 2017.

(Baonghean.vn) -Abolish many contract templates related to land use rights;New regulations on depreciation of fixed assets in 2017;Increase penalties for discharging waste in violation of the permit's terms.Fines of up to 3 million VND for discarding animal carcasses into the environment;... these are some of the new policies that came into effect in May 2017.

1. Abolish many contract templates related to land use rights.

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This is a key point mentioned in Circular 04/2017/TT-BTP (effective from May 28, 2017) which stipulates the repeal of several legal documents.

Accordingly, Circular 04/2017/TT-BTP repeals the entirety of Joint Circular 04/2006/TTLT-BTP-BTNMT; the contract templates related to land use rights used by Notary Offices and Commune People's Committees issued with Joint Circular 04 will also be repealed, such as:

Contracts for the conversion of agricultural land use rights of households and individuals; contracts for the transfer, donation, mortgage, and lease of land use rights and assets attached to the land; contracts for the transfer, donation, mortgage, and lease of land use rights; contracts for the purchase, donation, mortgage, and lease of assets attached to the land; contracts for capital contribution using land use rights and assets attached to the land; contracts for capital contribution using land use rights; contracts for capital contribution using assets attached to the land; ...

2. New regulations on depreciation of fixed assets in 2017

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

Circular 28 repeals 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.

This Circular amends and supplements the third bullet point of Clause 2, Point d, Article 4 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.

3. Increase penalties for discharging waste in violation of the permit.

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

Discharging wastewater into water sources at locations and coordinates not specified in the permit.

Discharging wastewater into water sources in a manner inconsistent with the regulations and methods specified in the permit.

In addition, the Decree also stipulates increased penalties for certain violations in water resource protection, such as a fine of 10-15 million VND for the management and operation of facilities that cause water loss and waste (the current fine is 6-10 million VND).

4. Fines of up to 3 million VND will be imposed for discarding animal carcasses into the environment.

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

Accordingly, from May 20, 2017, pet owners who commit any of the following violations will be fined between 2 million and 3 million VND:

Using veterinary drugs that are not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or have not been authorized by the competent authority for the prevention or treatment of animal diseases;

Discarding diseased or dead animals and their products, and releasing wastewater and waste containing pathogens into the environment;

Failure to vaccinate pet dogs against rabies.

The decree also stipulates that the penalty for using each banned substance in livestock farming and aquaculture will be a fine of 50 to 70 million VND, and a fine of 40 to 50 million VND will be imposed on the act of transporting, trading, collecting, storing, slaughtering animals, and processing animal products containing banned substances used in livestock farming.

Fines ranging from 70 to 100 million VND will be imposed for each act of using banned substances in the production, processing, and trading of animal feed; and business operations will be suspended for 6 to 12 months (currently 1 to 3 months).

5. Amend regulations on administrative penalties for violations of copyright and related rights.

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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 stipulating administrative sanctions for violations of copyright and related rights and Decree No. 158/2013/ND-CP dated November 12, 2013 of the Government stipulating administrative sanctions in the fields of culture, sports, tourism and advertising, came into effect on May 5, 2017.

Decree No. 28/2017/ND-CP (hereinafter referred to as Decree No. 28/2017) retains the regulation imposing a fine of VND 1 million to VND 2 million on individuals who hang, place, paste, or paint advertisements for products, goods, or services on utility poles, traffic signal poles, and trees in public places.

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

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

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

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

+ Popularizing and circulating personal images of fashion models and performing artists that contain offensive content or are inappropriate for Vietnamese customs and traditions.

+ There were behaviors that were inconsistent with Vietnamese customs and traditions or behaviors that negatively affected foreign relations during the organization of fashion shows and art performances.

In addition, Decree No. 28/2017 also supplements regulations on administrative penalties for violations related to the business conditions for antique appraisal, certificates of professional practice in monument restoration, and certificates of eligibility to practice monument restoration.

According to Decree No. 28/2017, the act of directly advertising on foreign websites that provide cross-border advertising services without going through an organization or individual registered to provide advertising services in Vietnam will be subject to a fine of 2 million to 5 million VND.

The regulations have been amended to include fines ranging from 3 million to 5 million VND for the act of distributing films that do not conform to the content and scope specified in the film distribution license or broadcasting decision; or for movie theaters that use special effects that impact viewers without ensuring adequate facilities and equipment.

6. Amendments and additions to the Construction Cost Estimation Norms

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Decision No. 235/QD-BXD on the promulgation of the Construction Cost Estimation Norms - Construction Section (amended and supplemented) takes effect from May 1, 2017.

Accordingly, the revised and supplemented construction cost estimate norms - construction part (hereinafter referred to as Cost Estimate Norms) are economic and technical norms that reflect the consumption of materials, labor, and construction machinery to complete a unit of construction work volume, such as 1m.³brick wall, 1m³Concrete, 1 ton of reinforcing steel…from the preparation stage to the completion of construction work (including necessary expenses due to technical requirements and production organization to ensure continuous construction, in accordance with technical procedures and standards).

Estimated cost norms are established based on construction regulations and standards; technical regulations on design, construction, and acceptance; the general level of mechanization in the construction industry; technical equipment, construction methods, and scientific and technological advancements in construction (new materials, advanced equipment and construction technologies, etc.).

7. From May 5th, both those distributing leaflets and those advertising will be fined.

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This is a new regulation; the current regulations do not stipulate penalties for these two groups.

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

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

- A warning or a fine ranging from 200,000 VND to 500,000 VND will be imposed for distributing advertising leaflets that negatively impact aesthetics, traffic safety, and social order.

- A fine of 5 million to 10 million VND will be imposed on individuals whose products, goods, or services are advertised on leaflets that negatively impact aesthetics, traffic safety, and social order.

- A fine of 5 million to 10 million VND will be imposed on individuals who advertise products, goods, or services by hanging, placing, pasting, or painting advertisements on utility poles, traffic signal poles, and trees in public places.

- A fine of 1 million to 3 million VND will be imposed for the act of selling tickets or collecting money for participation in festivals.

A fine of 2 million to 5 million VND will be imposed for any of the following acts: Advertising on the front, back, and roof of a vehicle; Advertising exceeding the permitted advertising area on each side of a vehicle as stipulated by regulations; the remedial measure is to remove or delete the offending advertisement.

A fine of 15 million to 20 million VND will be imposed for advertising special products, goods, or services without prior approval of the content by the competent state agency as required by regulations (the current regulation only imposes a fine of 5 to 10 million VND).

Peace

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