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Posts Tagged ‘law’

Greece to screen asylum seekers, oust law breakers: official

In Uncategorized on January 8, 2011 at 12:02 pm

Greece will screen immigrants living in the country to determine who is entitled to asylum and expel those who break the law, a junior minister said on Saturday.

“The people who meet the conditions for return will return home,” deputy labour minister Anna Dalara told Flash Radio.

“Whatever the case, if there is law-breaking behaviour they will receive their tickets and they will leave,” she said.

Greek authorities say a surge in arrivals by thousands of would-be immigrants and asylum seekers has stretched the country’s capacity to breaking point.

The Socialist government recently announced plans to erect a 12.5-kilometre (eight-mile) wire fence along a stretch of its northeastern border with Turkey that is commonly used by traffickers to deposit their human cargo.

Athens has also pledged to step up asylum examinations to clear a backlog of some 47,000 applicants, many of them awaiting approval for years.

Rights groups have repeatedly criticised Greece for failing to provide adequate shelter and support to people fleeing conflict in Africa, the Middle East and the Indian subcontinent.

Would-be immigrants and asylum seekers are currently kept in squalid and congested detention centres and police cells for months.

Most are then released with an administrative order to leave the country. Some try to book illegal passage to other European countries but the majority end up on the street, destitute and at risk from criminal gangs.


Source: SGGP

NA standing committee discusses mineral law

In Uncategorized on October 13, 2010 at 3:51 am

NA standing committee discusses mineral law

QĐND – Saturday, October 02, 2010, 20:19 (GMT+7)

Transferring rights to explore and exploit minerals topped the agenda at the 35th session of the National Assembly Standing Committee chaired by NA Vice Chairman Nguyen Duc Kien on October 1.

Discussions on the topic stemmed from the amended draft Law on Minerals.

Chairman of the NA Finance and Budget Committee, Phung Quoc Hien, said the definitions of mineral exploration, exploitation and processing were not clear in the draft law.

Chairman of the NA Committee for Culture, Education, Youth and Children, Dao Trong Thi, said the regulations for transferring mineral rights must be tightened and that it was crucial to have the Government involved in the deals to limit speculation.

Nguyen Van Thuan, chairman of the NA Legal Committee, agreed, saying companies should be required to meet specific criteria to be able to bid on projects or accept transfer rights.

NA Vice Chairman Uong Chu Luu said he disagreed with a regulation that would automatically give exploitation privileges to individuals and organisations that were licensed to explore for minerals.

He said this was an unfair regulation for other individuals and organisations, and suggested that rights for exploiting minerals should be auctioned.

However, Minister of Natural Resources and Environment, Pham Khoi Nguyen, said if there were separate auctions for mineral exploration and exploitation, there would be a shortage of companies involved in those activities.

To ensure contributions to the State budget from mineral activities, committee members agreed that companies and individuals who were licensed to explore for minerals must deposit a specific amount of money before beginning operations.

The same day, the NA Standing Committee heard a report on the settlement of voter petitions which was sent to the 7th session of the 12th National Assembly.

Head of the NA Ombudsman Committee, Tran The Vuong, said the NA had received 1,643 petitions. “Nearly 350 petitions have been settled by local administrations and the remainder have been sent to relevant authorities for their consideration and response,” Vuong said.

Members attributed the tardiness in settling voter complaints to shortcomings in issuing legal documents. They asked ministries and agencies to review documents guiding the Laws on Electricity, Health Insurance and Price Ordinance to amend and supplement any inappropriate clauses.

Source: VOV/VNS

Source: QDND

Private clinics violate law by revealing baby gender in Vietnam

In Uncategorized on July 22, 2010 at 11:19 am

Despite the Ministry of Health (MOH)’s ban on doctor’s revealing the gender of fetuses to expectant parents, most doctors in private clinics in big cities are more than glad tell parents anyway, as a way to draw more customers to their clinic.

Obstetric private clinics mushroom in streets in Hanoi. Due to pressures of competition, doctors of such hospital are often glad to reveal the gender of fetuses, despite the law forbidding the practice ( Photo: SGGP)

Private obstetrics clinics that provide ultrasound scan services capable of revealing the sex of unborn babies have mushroomed in Hanoi. Private clinics on Thai Thinh, Van Bao, De La Thanh and Giai Phong streets in Hanoi have seen influx of pregnant women waiting their turn to undergo an ultrasound scan.

However, the reliability of ultrasound results greatly depends on the technician’s experience and skill.

An anonymous doctor of a private hospital admitted most of expectant mothers would not undergo an ultrasound test purely to check on the baby’s position, general development or to see if congenital malformations are taking place, but to learn the gender of the baby.

If doctors refused to reveal the gender of fetuses, the clinic would not attract as nearly as many clients.

MOH banned doctors from revealing to prospective parents the gender of their unborn baby or else face having their licensees revoked.

The move is designed to redress the imbalance in the ratio of boys to girls in the country. Nguyen Ba Thuy, vice-minister and general director of the General Office for Population and Family Planning, expressed his concern that gender imbalance in Vietnam has reached an alarming level, blaming baby predictions that take place at private hospitals.

The gender ratio among newborns in Vietnam has risen to 112 boys for every 100 girls. In some localities in the Red River delta this rate has increased to 115 boys for every 100 girls.

Thus, doctors in private clinics must use different ways to tell expectant parents about the gender of the baby to avoid violating the ban.

A doctor said some couples, after learning their unborn fetus is a female, decide to abort it. For instance, a couple in the mountainous northern province of Son La, who already have two daughters, rushed to Hanoi for an ultrasound scan test to learn the gender of their unborn baby. They decided to remove the baby after being told the baby is a girl, despite being advised against doing so because the fetus was large. Unluckily for them, after aborting the baby, they were told it had been male.

Source: SGGP

New law promotes arbitration to solve commercial disputes

In Uncategorized on July 21, 2010 at 3:17 pm

New law promotes arbitration to solve commercial disputes

QĐND – Wednesday, July 21, 2010, 21:1 (GMT+7)

The Law on Commercial Arbitration Law recently passed by the National Assembly will provide an important legal foundation for businesses to minimise the risks of disputes, said the head of the Vietnam Chamber of Commerce and Industry’s legal department, Tran Huu Huynh.

Speaking at a conference in Hanoi on July 20 held to review the provisions of the new law, Huynh said few enterprises in Vietnam have yet paid much attention to arbitration, continuing to prefer to take their disputes to court rather than employ commercial arbitrators.

He added that the settlement of disputes by arbitration was fast, effective and confidential, and the arbitration of disputes would help ease the burden on the nation’s court system. Statistics from the Vietnam International Arbitration Centre have shown that the Hanoi People’s Court handled 300 economic disputes in 2009, while those in HCM City had a docket of around 1,000. Meanwhile, the centre last year handled only 58 petitions for arbitration from businesses.

“Every judge in Ha Noi and HCM City’s economic courts yearly handles from 30 to 50 disputes while the average arbitrator handles only one,” said Vietnam Law Association chairman Pham Quoc Anh.

The nation currently has a total of seven arbitration centres, but arbitration has not been popular in Vietnam due to a lack of a proper legal framework in the 2003 Ordinance on Commercial Arbitration.

“The law has improved shortcomings in the ordinance such as removing limitations on the application of arbitration to commercial disputes,” Anh said. “Commercial disputes, meanwhile, are increasing rapidly, requiring quick and efficient forms of settlement.”

The new law, which would take effect next January 1, would also create an equal legal footing for both Vietnamese and foreign enterprises, said the vice chairman of the National Assembly’s Justice Committee, Pham Quy Ty.

Retailers said public relations campaigns should be conducted to raise awareness among enterprises of the advantages of arbitration, said Dinh Thi My Loan, secretary general and standing vice chairwoman of the Association of Viet Nam Retailers.

Source: VNA

Source: QDND

Deputies address proposed Law on Food Safety

In Uncategorized on June 3, 2010 at 2:05 am

Deputies address proposed Law on Food Safety

QĐND – Wednesday, June 02, 2010, 21:28 (GMT+7)

As the National Assembly began debate on a draft Food Safety Law on June 1, street vendors were a popular target of criticism, and sensitive foreign tummies an object of concern.

Deputy Ho Thi Thu Hang (Vinh Long) said Vietnam has three million victims of food poisoning annually, causing economic losses of four trillion dong (over US$210 million).  Hang declared that bacteria can be introduced at any stage, whether processing, packaging, storage or distribution. Without knowing its origin, the problem is unsolvable.

Deputy Nguyen Lan Dung (photo) observed that only in Vietnam does one find cơm bụi (literally,“dusty rice”). “I don’t understand why we agree to eat rice with dust.  No other nation sells food on the roadside, the Dak Lak deputy ínsisted.  Cheap ‘peoples’ meals’ [cơm bình dân] are okay, but they ought to be sold indoors.

Deputy Nguyen Minh Thuyet (Lang Son) said he was glad to see the Ministry of Health assigned to be the “conductor” to control food hygiene. Still, Thuyet worried, can the “conductor” do his job properly if he can’t also play the roles of “violinist” and “trumpeter”? By that he meant that responsibility for ensuring food safety should be entirely within the Health Ministry’s purview, and not parceled out to an inter-ministerial committee or steering board. 

Thuyet added that provincial officials must be held to account when food poisoning happens in a province.

Deputy Nguyen Lan Dung proposed that the Ministry of Health study the incidence of micro-organisms in street foods, saying that it may reveal many surprises. “Take nước mía (sugarcane juice) for example,” Dung said. “It’s sold everywhere on Vietnam’s streets. Do the deputies know that farmers soak sugarcane in ponds so it will yield more juice?”

Dung said that after the cane is stripped of its skin, it lies on the pavement, a magnet for flies, until it is pressed for juice.  Glasses are not washed, just rinsed in a bucket of water.

“That’s maybe OK for us Vietnamese,” Dung asserted, “because we are acquainted with our local bacteria. However, any foreigner who dares drink nước mía is going to be poisoned.”

Deputy Nguyen Thi Thanh Hoa (Bac Ninh) noted that the draft law envisions requiring street food sellers to have enough clean water and clean tools. These conditions can’t be enforced, she said, because street vendors are highly mobile.

Deputy Nguyen Thi Bach Mai (Tay Ninh) said it’s not enough just to ban food with unclean and torn packing caused by the transportation process. There ought to be a broader proscription against “using packaging that can poison food and be unsafe for users. . . . We’ll make a mistake if we only pay attention to food quality, not to packaging quality,” Mai emphasized.

Deputy Pham Thi Thanh Huong (Binh Dinh) argued that all food – even when it’s sold without packaging – ought to have a label.  She said that in many food poisoning cases, technical personnel are unable to identify the origin of the bad food.

Deputy Truong Thi Thu Ha said the fines proposed for violations of food hygiene rules are too light. (The draft proposes a minimum fine equal to the value of unsafe food, and a maximum of seven times that.) With fines set so low, Ha argued, the offense will be repeated over and over. The Dong Nai deputy proposed to raise the minimum fine by at least 10 times and the maximum fine by hundreds of times of the value of unsafe food.

Deputy Bui Thi Le Phi (Can Tho) agreed with Ha, and recommended that term “seriously influence” be clarified with respect to the maximum fines. Does that mean a degree of food poisoning that causes death or miscarriage, she asked.

Source: VNN

Source: QDND

Fertiliser law urged to stop losses

In Uncategorized on May 24, 2010 at 5:17 pm

Thai troops violate law in Bangkok action: Amnesty

In Uncategorized on May 18, 2010 at 9:03 am

BANGKOK, May 18, 2010 (AFP) – Amnesty International on Tuesday accused Thailand’s army of “reckless use of lethal force” in a campaign to contain anti-government street protests that has left 38 dead and 279 injured.

A Thai red-shirt anti-government protestor runs with a jerry-can after setting tyres on fire on Rama IV road in Bangkok on May 18, 2010. AFP photo

The London-based rights group said Thai troops were violating the law by firing live ammunition in several areas around Bangkok during five days of violence triggered by attempts to seal the “Red Shirts” protest zone.

“Eyewitness accounts and video recordings show clearly that the military is firing live rounds at unarmed people who pose no threat whatsoever to the soldiers or to others,” said Amnesty’s Thailand specialist Benjamin Zawacki.

“This is a gross violation of a key human right — the right to life,” he said in a statement.

After two months of protests and sporadic clashes, the violence escalated late last week as the government launched an operation to seal the Red Shirts’ vast encampment in an upscale retail and hotel district.

The government has said it is also battling hundreds of “terrorists” hiding among demonstrators who it says are responsible for targeting civilians.

However, Amnesty accused army snipers of killing two medics wearing white medical uniforms as well as a 17-year-old boy.

New York-based Human Rights Watch this week criticised the designation of “live fire zones” by Thai authorities battling anti-government protesters, saying it put them on a “slippery slope” towards serious rights abuses.

The military Saturday declared one area of Bangkok a live fire zone as troops struggled to gain control in street battles.

The two-month crisis has now left 67 people dead and about 1,700 wounded. Twenty-five people died in a failed army crackdown on April 10.

Source: SGGP

State President welcomes voters’ opinions to law building

In Uncategorized on May 5, 2010 at 4:37 pm

State President welcomes voters’ opinions to law building

QĐND – Wednesday, May 05, 2010, 21:32 (GMT+7)

President Nguyen Minh Triet welcomed voters of HCM City’s precincts 1 and 2 for their opinions given to law building during his meeting on May 4 to prepare for the 7th session of the 12th legislature scheduled to begin on May 20. 

Two-thirds of the voters focused their opinions on the Law on the execution of criminal charges and agreed to commute death penalty cases but to ensure the strictness of the sentence for criminals. 

They also agreed to choose lethal injection to death penalty cases instead of shooting as lethal injection helps relieve pains on criminals and psychological stress on executioners and reduce costs. 

Voters also proposed the State encourage the socialisation of education and disseminate laws to help people better understand and live and work in accordance with laws. 

Many other opinions were given to the draft laws on food safety and consumer rights protection. 
Voter Le Van Minh from precinct 1’s Cau Ong Lanh ward emphasised the necessity to protect consumers before the consequences occurred. 

President Triet, who is accompanied by NA deputies of HCM City, confirmed that voters’ concrete and practical opinions proved their deep interest in building and completing the country’s legal system. 

Voters’ opinions will make practical contributions to the legal building process, he stressed. 
Sharing opinions with precinct 2’s voters on compensation, land reclamation and resettlement of the Thu Thiem new urban area project, the President advised local authorities and people to explore and listen to one another to find out solutions to the issue.

Source: VNA

Source: QDND

Private universities can also teach law and journalism: education ministry

In Uncategorized on March 24, 2010 at 5:11 am

Non-public universities are not banned from offering courses in pedagogy, law and journalism, the Ministry of Education and Training has clarified in a draft circular issued on February 26.

The HCMC University of Foreign Languages and Information Technology. The education ministry has clarified that non-public universities are not banned from offering courses in pedagogy, law and journalism.

This is the second draft issued by the ministry on the topic of courses offered by colleges and universities, including masters degrees.

The latest announcement followed one made three days earlier in the first draft which said private and quasi-private universities were not allowed to offer courses in the disciplines mentioned above.

The first draft had provoked protest from the public, with many saying the restriction was an instance of unfair discrimination between public and non-public universities.

Deputy Minister Pham Vu Luan said that the ministry did not have policy to ban non-public universities from offering the above-mentioned courses, and that the first draft was a “technical error”.

Source: SGGP Bookmark & Share

Non-state schools banned from providing law study branches

In policies on February 26, 2010 at 3:21 pm

Non-state schools banned from providing law study branches

QĐND – Thursday, February 25, 2010, 22:11 (GMT+7)

Tentative regulations that non-state schools are not allowed to teach law, journalism and education have been facing strong opposition from privately founded universities.

The Ministry of Education and Training (MOET) on February 23 released the draft document on the required conditions for providing training branches at universities and junior colleges. The draft document said that non-state schools are not allowed to have law, journalism and education study branches. 

“Why not allow non-state schools to provide law, journalism and education study branches? Is this because non-state schools are just stepchildren of the State?” said Tran Hong Quan, chairman of the association of Non-State Universities and Junior Colleges. 

Quan stressed in talks with VietNamNet that he cannot see any legal foundation for prohibiting non-state schools providing these training branches. 

“I believe that there is no legal regulation that says that non-state schools cannot provide these study branches,” he said. 

He went on to say that the regulations, if approved, will generate discriminatory treatment between state and non-state schools. 

The only difference between state and non-state schools, Quan said, is the ownership. State owned schools are schools run by the state and funded by the state, while non-state schools do not get financial support from the State. Meanwhile, all schools licensed to operate in Vietnam have the common purpose of giving training to people and producing a labor force for society. 

Quan stressed that the State should take action to narrow discriminatory treatment between state and non-state schools. 

“Some say that law and journalism are sensitive study branches which should be undertaken by state schools only. Does it mean that non-state schools are not reliable? Or does it mean that these schools are not put under the management of the State?” he questioned. 

In fact, both non-state and state owned schools are put under the management of the State. Non-state schools are a part of the national education system. 

“MOET should say these or that schools cannot provide these or that study branches because they cannot meet the requirements, not because they are non-state schools,” Quan said. 

Quan said that five years ago, a non-state school in Hanoi sought permission to open an economic study branch. MOET at that time said no’ to the application, because it was a non-state school. However, deputy prime Minister Pham Gia Khiem instructed MOET to give permission if the school could meet the requirements. Finally, the school, after a period of training, has gathered a lot of prestigious economics professors. 

President of Hoa Binh University Dang Ung Van has also protested the tentative regulations on not allowing non-state schools to provide law, journalism and education study branches. 

Van said that the regulations will come contrary to the current laws which say that there must not be any discriminatory treatment to state and non-state schools.

Meanwhile, Tran Thi Ha, Director of the University Education Department under MOET told VietNamNet that in fact, the regulations do not aim to ban schools to provide these study branches. 

“To date, no non-state schools have provided these three study branches,” Ha explained.

Source: VietnamNet

Source: QDND