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Posts Tagged ‘laws’

Mining, civil service, consumer laws issued

In Uncategorized on December 16, 2010 at 9:32 am




Mining, civil service, consumer laws issued


QĐND – Wednesday, December 15, 2010, 21:6 (GMT+7)

Three new laws were made public on Dec. 14, including the Law on Consumer Rights Protection, the amended Law on Minerals, and the Law on Public Officials and Civil Servants which were passed by the National Assembly during its 8th session.

In a meeting held on Dec 14 by the President’s Office, Deputy Minister of Industry and Trade Le Danh Vinh said that the number of violations of consumer rights and the extent of the violations were on the increase, seriously affecting the rights of consumers.

The Law on Consumer Rights Protection regulated that disputes between consumers and individuals and organisational businesses will be settled by negotiation, conciliation, arbitration and courts.

Consumer protection organisations have the right to sue businesses for harming the public interest and the State will provide funding for organisations to implement the tasks outlined in the law.

Introducing the amended Law on Minerals, Deputy Minister of Natural Resources and Environment Chu Pham Ngoc Hien said the law’s new points are regulations related to licensing mineral exploitation through auctioning exploitation rights, State management of minerals, and devolution of licensing powers to local authorities.

Auctioning mineral exploration rights will help abolish the current “give and take” mechanism in licensing and allow qualified organisations which have enough capacity and experience in the sector to be chosen, he said.

The Law also lays out regulations on the overall direction of the mineral sector as well as rules on mineral planning and exploration to avoid overlapping responsibilities between different State agencies, Hien said.

The breakthrough amendment of the revised law is the change in State’s mineral management mechanism which was based on financial regulations and in line with the rules of the market economy, he said.

Under the law, the State will collect a fee from individuals and organisations that are licensed to explore minerals.

The Law on Minerals and Law on Consumer Right Protection will come into effect on July 1, 2011.

Deputy Minister of Home Affairs Nguyen Duy Thang said the Law on Public Officials and Civil Servants will come into force on January 1, 2012.

Source: VNA


Source: QDND

Three new monetary-bound laws promulgated

In Uncategorized on July 15, 2010 at 8:58 am




Three new monetary-bound laws promulgated


QĐND – Wednesday, July 07, 2010, 20:50 (GMT+7)

The State President Office announced the promulgation of three laws on credit institutions, State Bank of Vietnam and taxes on the use of non-farm land at a press briefing on July 7.


The 10 chapter, 163 article Law on Credit Institutions legalises State and Party stances and policies on the development of creditors’ systems and operations. It is a good revision of and update on a similar law approved in 1997.


The Law on Credit Institutions will come into force on January 1, 2011.


The Law of the State Bank of Vietnam , which will also come into effect on January 1, 2011, gives the SBV a mandate for stepping in creditors’ operations. The central bank is authorised to apply special treatments on credit institutions seriously violating monetary and banking rules or facing financial problems which possibly destabilise the banking system.


The SBV has also been given a broader authority to lending in special cases. It means lending is not only available for creditors “in the brink of losing payment capacity” but also for those creditors which are operational normally but “at risks of losing payment capacity due to other serious incidents.”


It is aimed at ensuring early intervention and reducing risks for the banking system.


The Law on Non-Farm Land Use Taxes strengthens State management on land. It also encourages institutions and individuals to use land in a thrift and effective way, thus controlling speculation of land and stimulating a healthy real estate market.


The law is to come into force on January 1, 2012.


Source: VNA


Source: QDND

State announces new four laws

In Uncategorized on July 15, 2010 at 8:53 am




State announces new four laws


QĐND – Friday, July 09, 2010, 20:53 (GMT+7)

The State President Office announced the promulgation of four laws on food safety, child adoption, trade arbitrator and enforcement of criminal verdicts at a press briefing in Hanoi on July 8.


The laws were adopted by the 12th National Assembly at its seventh meeting.


The five-chapter, 52-article Law on Child Adoption provides for regulations to ensure adopted children enjoy the best benefits when they are raised, cared and educated in their adoptive family.


It details child adoption inside the country, child adoption involved foreign elements, and responsibilities of State agencies in the field.


In article 8, the law regulates that children below 16 years old are offered for adoption. Under current law, children up to 15 years old can be adopted.

The law will come into force on January 1st, 2011.


The Law on Food Safety reserves the entire chapter III to prescribe conditions on food safety. This is a completely new chapter compared with the Ordinance on Food Safety and Hygiene.


Differing from the ordinance, the law has provisions for small-size food production establishments and businesses and a special item prescribing safety conditions for street food.


The Law on Enforcement of Criminal Verdicts consists of 15 chapters with 182 articles, providing for the operation, tasks, and authority of competent agencies in charge of executing criminal sentences, jail sentences, death penalty, suspension sentences, warnings, re-education without custody, and other contents.


Articles 44, 46, 47 and 48 regulate that the State is responsible for providing clothing and personal effects for prisoners and ensure prisoners take part in physical, sport and cultural activities, meet their relatives, receive gifts, and have communications and healthcare services, reflecting the humanity of law and lenient policy of the State.


Article 45 lays down special regulations on mechanisms to be applied for women prisoners who are pregnant or raising child under 36 months to assist them in protecting and raising their children.


Article 59 of the law, which will take effect from July 1, 2011, provides that death penalty will be carried out with lethal injection.


The Trade Arbitration Law provides for the definition of legal relations between trade arbitrators and court, the procuracy and the law enforcement force.


With clearly-defined regulations, the law will help judiciary agencies and the arbitrators’ council as well as concerned parties in dispute settle specific cases smoothly.


The Ministry of Justice is authorized to license the establishment of a trade arbitrators’ association.


The 13-chapter, 82-article law will come into force on January 1, 2011.


Source: VNA


Source: QDND

Five laws adopted at the 12th NA

In Uncategorized on June 18, 2010 at 8:29 am




Five laws adopted at the 12th NA


QĐND – Thursday, June 17, 2010, 20:59 (GMT+7)


On June 17, the National Assembly (NA) approved five laws, including the Law on Non-Agricultural Land Use, the Post Law, the Law on Efficient Use of Energy, the Law on People with Disabilities, and the Adoption Law.

The Law on Non Agricultural Land Use was approved by 86 percent of the deputies and will take effect as of January 1. It regulates people subject and non-subject to tax, tax payers, tax calculations, tax payments and tax exemptions and reduction related to the use of non-agricultural land.


The Post Law regulates postal services, the rights and obligations of organisations and individuals with regard to postal services, and State management of postal activities in Vietnam.


This law was passed by an 86 percent vote and will become effective on January 1, 2012.


The Law on Efficient Use of Energy was also passed by an 86 percent vote. This law specifies that energy-saving measures will be taken to serve socio-economic development. It will take effect on January 1 next year.


The Law on People with Disabilities was passed by an 87 percent vote. On behalf of the National Assembly Standing Committee, Director of the NA Commission for Social Affairs, Truong Thi Mai presented a report on amendments to the law and regulations on the responsibility for classifying person according to their disabilities. The Law will become effective early next year.


The Adoption Law, adopted by an 87.83 percent vote, regulates adoption procedures to ensure children’s interests. This law will also come into force early next year.

Source: VOV

Source: QDND

Thailand approves tough laws for Thaksin coup rally

In World on September 15, 2009 at 5:14 pm

BANGKOK, Sept 15, 2009 (AFP) – Thailand’s cabinet agreed Tuesday to invoke harsh security laws allowing the deployment of troops for protests this weekend on the third anniversary of a coup against former premier Thaksin Shinawatra.








Thai soldiers patrol a check security at Government House in Bangkok on September 15, 2009 (AFP photo)

The move raises tensions ahead of the planned mass rally on Saturday in Bangkok by the “Red Shirt” movement, which wants current Prime Minister Abhisit Vejjajiva to quit and call fresh elections.


Government spokesman Panitan Wattanayagorn said the Internal Security Act would be in force from Friday until Tuesday in the centre of the capital “as the demonstration is likely to turn into political chaos.”


“This law will both ensure the safety of protesters and allow us to control the situation. Police will be the core force with the military acting as assistants, but the number of forces depends on the situation,” he said.


The act will effectively ban protests in Bangkok’s historic Dusit district, which is home to several potential flashpoint locations including Parliament and Government House, where the cabinet offices are located.


The protest comes a day before Abhisit is due to leave for the United States for the UN General Assembly and the G20 summit. Thaksin was toppled by the military in 2006 while he was away at the UN.


The Red Shirts have twice called off previous rallies in recent weeks after the government invoked the act, but they vowed to go ahead with this weekend’s demonstration.


“Unarmed and peaceful protest is guaranteed under the constitution. The government has no need to be afraid of this demonstration,” Jatuporn Prompan, one of the movement’s senior leaders, told AFP.


In April similar Red Shirt protests spiralled into riots which forced the cancellation of a major Asian summit and led to mass unrest in Bangkok, leaving two people dead and 123 injured.


The Red Shirts backed down on that occasion after troops threatened to use force, but they have recently reignited their campaign by lodging a petition with the king last week for a royal pardon for Thaksin.


Thaksin fled the country a year ago to escape a two-year jail term for corruption, but the divide between his supporters and his foes continues to cause turmoil in the kingdom.


Source: SGGP

Lawmakers discuss energy-saving laws

In Vietnam Science on September 8, 2009 at 5:09 pm








Pha Lai 2 Thermal Power Station in northern province of Hai Duong. 80% of country energy is from fossil fuels.

Eighty percent of Vietnam’s energy needs is met by imported fossil fuels, Dang Vu Minh, head of the National Assembly’s Committee for Science, Technology and Environment, said at a conference held on August 26 to discuss laws for energy saving and effective use.


Committee members said the energy demand for manufacturing, construction, and transportation is rather high.


It is estimated that Vietnam uses 1.5-1.7 times more fuel than other countries to produce a product.


Source: SGGP

Laos open 6th NA session to debate new laws

In Uncategorized on November 25, 2008 at 3:34 pm

Vientiane (VNA) – The 6 th National Assembly of Laos opened its 6 th plenary session on November 24 in Vientiane.

The NA session is expected to debate three new laws and amendments to a number of existing laws. The three new laws include decrees relating to border quarantine measures, publishing rights and management of state investments.

Laws to be amended include those covering electricity, contracts, inheritance, mining and investment.

The NA will also hear government’s reports on solutions to overcome consequences of the July flooding that caused heavy losses to production and affected people’s lives in many localities.

It will also approve the 2008-2009 fiscal budget as well as names and the exact calculation of ethnic minorities in the country. As part of the session, the NA standing committee will present a report on its working performance over the past time.-

NA brings forward draft laws on Biodiversity, High-Tech

In Uncategorized on October 20, 2008 at 11:24 am

HA NOI — The National Assembly discussed the draft Law on Biodiversity and another draft of the High-Tech Law on Saturday.


Most of the deputies said that the Law on Bio-diversity was necessary to preserve and develop bio-diversity, and identify the rights and duties of organisations, families and individuals.


Nguyen Dinh Quyen from Ha Noi said the draft law only regulates the responsibilities of organisations, households and individuals in the country, as well as overseas Vietnamese, foreign organisations and individuals relevant in preserving and developing bio-diversity in Viet Nam.


It did not refer to the responsibilities of the State. He said it was necessary to identify the State’s responsibilities first, then those of organisations and individuals.


Ha Thanh Toan from Can Tho City said the draft should be more specific to direct People’s Committees of communes to complete their tasks.


Ngo Van Minh from Quang Nam Province said it was necessary to make the terms of the document concrete, so that it would be implemented quickly.


Hoang Van Loi from Bac Giang Province said that many cases of wild animal trafficking were taking place with help by staff of preservation areas, and that the law needed to address this problem.


High-Tech Law


Regarding the draft High-Tech Law, most NA delegates said they agreed with it, and that it could be submitted for approval during this NA session.


They discussed some of the draft’s content including the State policy, development of human resources in relevant fields, application and development, and priority policies.


They said the State’s policies should affirm the key role of high-tech in building the country’s science and technology capability.


Nguyen Thi Mai from Ninh Thuan Province, Nguyen Minh Thuyet from Lang Son Province and some other delegates said that the draft still did not identify goals, tasks, specific measures, and responsibility of the State, organisations and individuals in developing technologies.


Mai said the draft law should establish priority policies to attract overseas Vietnamese to develop high-tech fields.


Today, the NA will continue to discuss the draft Law on Civil Servants, and the draft Law on Road Traffic. —

New Customs laws protect IP

In Uncategorized on August 10, 2008 at 5:18 pm

New Customs laws protect IP


By Chris Vale and Hieu Nguyen of Rouse Legal (HCM City Branch) WWW.IPRIGHTS.COM


Viet Nam has nearly 60 border gates along its borders with China, Laos and Cambodia – and its sea ports provide access for goods from all around the world.


This means there are many access points into Viet Nam for counterfeit goods and those that infringe copyright. Once inside the country, they must be dealt with by authorities such as the Market Management Bureau(MMB), the police or the courts and this is a heavy burden.


It is far easier to block goods at the borders. Therefore effective Customs control is vital in the prevention of illegal goods flooding into Viet Nam.


While Viet Nam’s Intellectual Property (IP) law has been strengthened in the last few years, until March this year, there was no effective Customs monitoring procedure for it.


Then the Customs Office issued Decision No. 916/QD-TCHQ introducing detailed procedures for monitoring imports and exports. This decision will revitalise border-control procedures. This is great news for intellectual property protection in Viet Nam.


This article reviews how the Customs monitoring procedure operates and proposes some recommendations to holders of intellectual property rights.


Monitoring procedures


In theory, Customs have the power to detain goods infringing any type of intellectual property rights. In practice, however, the Customs monitoring procedure appears to be more suited to detaining counterfeit goods bearing infringing marks only, rather than goods infringing, for example, patent rights. Rights holders who wish to enlist the assistance of Customs must submit a Customs-monitoring application to the provincial Customs office in the region in which it suspects infringing goods are crossing the border.


Where the rights holders suspect borders are being targeted in two or more provinces, they may lodge a single request with the Central Customs’ Anti-Smuggling and Investigation Bureau designating the relevant regions.


The formalities behind lodging a Customs-monitoring application are straightforward. A rights holder must complete an application form and enclose evidence of the holder’s entitlement to intellectual property rights (e.g. trade-mark certificate) as well as guidance on identifying infringing goods.


Customs has one month in which to process the application. Once accepted, the Customs-monitoring application will remain in place for one year from the application date. The application may be renewed annually (by submitting a new application form) for as long as the intellectual-property-rights remain valid. The application may be amended or updated at any time.


Suspension of Customs


On detecting suspected infringing goods, Customs will hold the consignment and immediately notify the rights holder.


The rights holder then has three days in which to request Customs to detain the consignment. A bond must be paid as security in the event that the goods have been wrongly seized and the importer/exporter requires compensation.


Once a bond has been lodged, the consignment will be detained for a 10 day period (extendible for a further 10 days), during which the rights holder must provide evidence that the goods are in fact infringing. The rights holder must also co-operate with Customs in support of any administrative action, or where appropriate, initiate civil court proceedings.


Customs measures do not apply to goods in transit through Viet Nam or goods temporary imported into Viet Nam for re-export.


Recommendation


The large number of border gates throughout Viet Nam, make it imperative to have effective Customs procedures.


While it is possible for rights holders to have a Customs-monitoring application in place at every border gate, this may prove a strain on resources. There are, however, a number of steps that rights holders can take to make best use of this procedure.


First, identify and target the main routes through which infringing goods are entering Viet Nam. Second, work together as much as possible with the relevant Customs offices, sharing intelligence on the source of infringing goods, known infringers and their shipping routes; and third, educate Customs on how to spot and identify infringing goods.


The introduction of the decision is of great benefit to rights holders looking to enforce their rights. These benefits will be magnified even more when Central Customs create a central computerised database allowing officers to cross-check suspected infringing consignments.

President issues four new laws

In Uncategorized on June 25, 2008 at 3:04 pm

Hanoi – The Presidential Office on June 24 promulgated President Nguyen Minh Triet’s decision to issue four laws: the revised Law on Oil and Gas, the revised Publishing Law, the Law on Red Cross Activities and the revised Law on Drug Prevention and Control.

These laws will come into effect in January 2009.

The revised Law on Oil and Gas adds more regulations on coal gas and those projects for coal gas exploitation that are on the list of projects that benefit from State investment incentives.

The law also adds more regulations on State management of oil and gas in line with administrative reform in order to create favourable conditions for the development of the oil and gas sector.

The law regulates that the Ministry of Trade and Industry is responsible to the Government for the management of oil and gas.

The revised Publishing Law features new contents regarding: registration of plans for new publications; information printed on published products; penalties for violations in publication, printing and distribution; granting business licenses for importing published material; and co-operating with foreign partners for distributing published materials.

The Law on Red Cross Activities has eight chapters and 34 articles.

It regulates activities of the Red Cross; mobilizing, receiving, managing and using capital sources for Red Cross activities; international co-operation in Red Cross activities; the Red Cross of Vietnam and the responsibilities of State offices, organizations and individuals participating in Red Cross activities.

The revised Law on Drug Prevention and Control adds to Article 13 the responsibility of those offices under the border guards, marine police and customs offices dedicated to interdiction and combating drug criminals.

It also regulates methods for drug users to enter at-home detoxification programmes or receive treatment in their local communities, If they do not volunteer for at-home treatment, they will be forced to quit using drugs at local community treatment centres.

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