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New policies taking effect in August 2014

Goods arriving at port may stay for only 60 days; a new type of life insurance; support for loans to go to sea; exemption from nationality fees… are the new policies that will take effect in August.

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Goods arriving at port may stay for only 60 days

From 30 August, goods traded under temporary import for re-export may be kept in Vietnam for a maximum of 60 days, counting from the date the temporary import customs procedures are completed. Extensions may be granted no more than twice for each shipment, and each extension may be no more than 30 days. After this period, traders have only 15 more days to re-export the goods through a border gate; if they do not re-export them, the goods will be confiscated or destroyed. Circular No. 94/2014/TT-BTC of the Ministry of Finance, which regulates customs procedures and customs inspection and supervision for certain types of goods traded under temporary import for re-export, transit and warehousing in bonded warehouses, and the handling of cases where goods are refused, provides as above.

More people exempt from nationality fees

From 29/8, those exempt from nationality fees are free migrants in the Vietnam-Laos border area from 1985 and earlier; or from 1986 to 8 July 2013 who meet the following conditions: respecting the laws of the country of residence and not violating criminal law; having a stable livelihood, a house and fixed assets, and cultivated land in the country of residence; and not being a person who is wanted or serving a sentence under the law of the country of origin.

Where free migrants in the border area of the two countries from 1986 to 8 July 2013 do not meet the above conditions because they were returned by Laos and Vietnam has agreed to receive them, they will still be exempt from fees. In addition, those exempt from fees include people who married without a marriage certificate and, after registering their marriage in accordance with the law of each country, wish to reside in the territory of Vietnam.

The regulation takes effect from 29/8/2014 and will cease to be effective when the Agreement between Vietnam and Laos on resolving the issue of free migrants and marriages without a marriage certificate in the border area of the two countries terminates. Circular No. 93/2014/TT-BTC guides the exemption of nationality fees, civil status fees and residence registration fees for people permitted to reside under the agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic on resolving the issue of free migrants and marriages without a marriage certificate in the border area of the two countries.

A new type of non-life insurance

In addition to types of non-life insurance such as property and loss insurance; aviation insurance; motor vehicle insurance; fire and explosion insurance; liability insurance; credit and financial risk insurance; business loss insurance…, from 25/8 there will be a new type of insurance, guarantee insurance, which is a line of business of non-life insurance.

Guarantee insurance is an insurance business in which the insurer accepts the risk of the guaranteed party, on the basis that the guaranteed party pays an insurance premium so that the insurer performs the obligation on behalf of the guaranteed party if, when the deadline arrives, the guaranteed party does not perform or does not perform the obligation correctly. Decree 68/2014/ND-CP, amending and supplementing a number of articles of Decree 45/2007/ND-CP detailing the implementation of a number of articles of the Law on Insurance Business, takes effect from 25 August.

Fisheries: loans of up to 70% of a fishing trip's costs

From 25 August, owners of vessels harvesting seafood and providing logistics services for seafood harvesting, who are engaged in effective fishing, have financial capacity and have a specific production and business plan, will be able to borrow up to 70% of the cost of one fishing trip (for seafood harvesting vessels) and 70% of the value of logistics services provided (for logistics service vessels for seafood harvesting).

Also from 25/08, offshore seafood harvesting vessels and offshore logistics service vessels for seafood harvesting that are members of fishing teams or fisheries cooperatives, with a total main engine capacity of 90 HP or more, will receive 100% support for the cost of buying annual accident insurance for each crew member working on the vessel. Support of 70% of the cost of buying insurance applies to vessels with a total main engine capacity of 90 HP to under 400 HP, and 90% of the cost of buying insurance applies to vessels with a total main engine capacity of 400 HP or more. That is the content of Decree 67/2014/ND-CP on a number of fisheries development policies, which takes effect from 25/08.

100% interest support on loans to buy equipment that reduces losses in agriculture

Also in August, in order to reduce losses in agriculture, the State decided to support 100% of interest for the first two years and 50% of interest in the third year on loans to buy machinery and equipment to reduce losses in agriculture for which loan contracts were signed with commercial banks from 01/01/2014 to before 31/12/2020. Circular 89/2014/TT-BTC of the Ministry of Finance guides interest support on loans and compensation for interest rate differences.

Under the regulation, during the support period, if a violation is detected in the use of loan capital by an individual, household, cooperative or enterprise…, the commercial bank has the right to convert the violating loan supported by the State into an ordinary loan and immediately recover the amount already advanced. This Circular takes effect from 22/8/2014.
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Test questions must not go beyond textbook knowledge

From 20 August, teachers must not use content beyond the knowledge and skills standards of the curriculum and textbooks to test and assess pupils' and students' learning outcomes during teaching. Reference publications in preschools and general education institutions must be consistent with the objectives and content of the education programme for each level and grade; must ensure scientific accuracy, pedagogical quality and aesthetics; must be appropriate to the psychology and physiology of the age of the users; and must have the effect of educating patriotism and national pride, ensuring political security, social order and national sovereignty.

This is the content of Circular 21/2014/TT-BGDDT of the Ministry of Education and Training, just issued, regulating the management and use of reference publications in preschools, general education and continuing education institutions, which takes effect from 20 August.

Tax exemption for disaster relief vehicles

From 20 August, foreign organisations and individuals and international organisations taking part in responding to and overcoming the consequences of natural disasters in Vietnam that import or re-export vehicles, equipment and goods serving emergency relief, search and rescue, relief and disaster support work are exempt from import and export taxes and fees. After completing search and rescue, relief and disaster support activities, these vehicles, equipment and goods will be given priority in customs clearance procedures at air, waterway and road border gates.

In addition, people permitted to come to Vietnam to respond to and overcome the consequences of natural disasters will be given priority in entry and exit procedures at air, waterway and road border gates; in emergency response cases, if they do not yet have a visa, they will be issued a visa immediately at the border gate. This is the content of Decree No. 66/2014/ND-CP of 04/07/2014 of the Government detailing and guiding the implementation of a number of articles of the Law on Natural Disaster Prevention and Control.

Leaders' awards based on their team's achievements

Also from 20 August, when considering awards for the head of an agency, organisation or unit, the achievements of the team led by that individual must be taken as the basis. For women who are leaders or managers, the time in post required to be considered for an award for a process of dedication is reduced by three years compared with the general regulation. Priority is given to considering awards for individuals and teams with a female ratio of 70% or more, where individuals and teams have the same conditions, criteria and achievements. Decree 65/2014/ND-CP detailing the implementation of the Law amending and supplementing a number of articles of the Law on Emulation and Commendation of 2013, which takes effect from 20/8, provides as above.

The Decree provides that the principle of commendation is that achievements attained in difficulty and with great influence are rewarded at a higher level. Attention is paid to commending people directly involved in labour, work and combat.

Taxis in Hanoi change their badges

Under Circular 23/2014/TT-BGTVT of the Ministry of Transport, amending and supplementing a number of articles of Circular No. 18/2013/TT-BGTVT on the organisation and management of road transport business by automobile and road transport support services, taxis must have a “Taxi” badge and a light box with the word “Taxi” mounted on the roof; the light box must be lit when the taxi has no passengers and switched off when there are passengers in the taxi. For taxis of units holding a transport business licence issued by the Hanoi Department of Transport, they must have a “Hanoi Taxi” badge, and the change of badges for taxis in Hanoi will be carried out from now until before 30/10/2014.

Also under Circular 23, from 15/08, automobiles carrying passengers on fixed routes, tourist passenger transport and passenger transport under contract that, within three consecutive months, have been penalised more than twice for carrying luggage or goods exceeding the permitted load, or for loading goods on the vehicle in a way that makes it lean, will have their badges and signs revoked for one month.

Government leaders must meet citizens at least one day a month

From 15 August, the head of a Government agency or public service unit must personally receive citizens for at least one day a month at the citizen reception place of their agency or unit, and must make public the reception schedule, the participants, and the expected content of the regular citizen reception sessions at the headquarters of the agency or unit, the citizen reception place and on the information page of the agency or unit (if any).

In addition to receiving citizens, the head of a Government agency or public service unit also personally receives citizens on an ad hoc basis in cases that are acute and complex, involve many people, relate to the responsibilities of many agencies, organisations or units, or involve differing opinions from other units, and in cases where failure to direct or consider them promptly could cause serious consequences or lead to the destruction of State or collective property, harm to the lives and property of the people, or effects on security, politics, social order and safety. Decree 64/2014/ND-CP of the Government guiding the implementation of the Law on Citizen Reception, which takes effect from 15 August, provides as above.

Consultancy service packages: contractors selected online

From 25 August, when selecting contractors online, the bid solicitor and the contractor must register once on the national e-procurement system; the bid solicitor issues the bidding documents free of charge on the national e-procurement system at the same time as the invitation to bid.

Where there is a discrepancy between the attached document and the content filled in the form, the attached electronic document will have legal validity. In particular, for each package, a contractor submits its bid only once on the national e-procurement system, and at the same time submits its bid security through a bank connected to the national e-procurement system. These are the contents of Decree 63/2014/ND-CP, which provides as above.

Meritorious Artisans must have 15 years in the trade

This title is awarded only to people who hold, teach and promote the values of intangible cultural heritage in the following forms: spoken language and writing; folk literature; folk performing arts; social customs and beliefs; traditional festivals; and folk knowledge. In addition to having worked in the trade for 15 years or more, those considered for the award must also meet criteria such as holding the skills and know-how for practising intangible cultural heritage, having achievements, awards, or spiritual or material products of value, and being devoted to the trade…

For the title of People's Artisan, the person considered must have worked in the trade for at least 20 years and have already been awarded the title of Meritorious Artisan. Decree No. 62/2014/ND-CP of 25/06/2014 of the Government on the award of the titles “People's Artisan” and “Meritorious Artisan” in the field of intangible cultural heritage provides as above, with effect from 7 August 2014.

Ferries must ensure absolute safety for passengers.

From August, ferry terminals must have a place for cars to park while waiting to cross by ferry and a waiting house for passengers in front of the stop sign outside the terminal gate; the terminal surface must be firm, clean, not slippery, free of potholes and obstacles, and have enough mooring posts…

Ferries must have a certificate of registration for inland waterway vehicles, meet quality standards, and be equipped with a sufficient number and the right types of life-saving, salvage, fire prevention and firefighting equipment and devices; they must have seats for people with disabilities, elderly people, pregnant women and children travelling by ferry. The ferry ramp must be firm, not slippery, not uneven, and free of obstacles.

Ferry operators must hold appropriate professional diplomas and certificates; crew members must be trained in professional skills in traffic safety; and crew members and terminal staff must have hand-held wireless communication devices to coordinate smoothly and conveniently in their work and in transport operations, ensuring safety and smooth running… This is the content that will take effect from August, as set out in Circular No. 22/2014/TT-BGTVT guiding the construction of operating and exploitation procedures for ferry terminals and river passenger terminals using single-ramp ferries carrying passengers and cars.

According to plo.vn