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Official Gazette

Monday, March 30, 2020

Top ten legal documents in 2008*

Updated: 14:42’ - 05/01/2009

National Assembly Resolution No. 19/2008/QH12 of June 3, 2008, allowing on a trial basis foreign organizations and individuals to buy and own homes in Vietnam. This Resolution provides for eligible buyers and conditions for purchase and ownership of houses; rights and obligations of house owners; and procedures for purchase and sale of houses and for grant of house ownership certificates. Under the Resolution, foreigners may buy and own condominium apartments under projects on development of commercial houses, or houses outside areas restricted or banned from foreigners’ residence or travel.

Government Decree No. 29/2008/ND-CP of March 14, 2008, providing for the order of and procedures for establishment of, mechanisms, policies for and state management of, industrial parks, export-processing zones, economic zones and border-gate economic zones. This Decree annuls Prime Minister Decision No. 53/2001/QD-TTg of April 19, 2001, on policies towards border-gate economic zones, and Decision No. 273/2005/QD-TTg of October 31, 2005, amending Decision 53, and other relevant provisions which are contrary to it.

Government Decree No. 34/2008/ND-CP of March 25, 2008, and Circular No. 08/2008/TT-BLDTBXH of June 10, 2008, of the Ministry of Labor, War Invalids and Social Affairs, prescribing the recruitment and management of foreigners working in Vietnam; the order of and procedures for grant of labor permits, and the use of labor permits; and responsibilities of foreigners, employers and state agencies in the recruitment and management of foreigners working in Vietnam. This Decree replaces Decree No. 105/2003/ND-CP of September 17, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding recruitment and management of foreign laborers working in Vietnam, and Decree No. 93/2005/ND-CP of July 13, 2005, amending a number of articles of Decree 105.

Government Decree No. 58/2008/ND-CP of May 5, 2008, guiding the implementation of November 29, 2005 Bidding Law No. 61/2005/QH11 and the selection of construction contractors under November 26, 2003 Construction Law No. 16/2003/QH11. This Decree guides open bidding and restricted bidding for consultancy service, procurement, installation and construction bidding packages; forms of contractor selection; assignment of appraisal and approval responsibilities in bidding; assurance of competition in bidding; incentives in international bidding; and handling of violations of the bidding law, and specifies some other provisions such as bidding expenses and time of bidding.

Government Decree No. 100/2008/ND-CP of September 8, 2008, and Finance Ministry Circular No. 84/2008/TT-BTC of September 30, 2008, guiding the implementation of the Personal Income Tax Law, specifically the provisions on taxable incomes, tax-exempt incomes, tax reduction, tax bases, tax registration and declaration, tax periods, tax withholding and tax finalization.

Government Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding the implementation of a number of articles of the Chemicals Law regarding conditions for chemicals production and trading; safety distances for manufacturers of dangerous chemicals; and lists of chemicals subject to conditional production or trading; restricted from production or trading; banned chemicals; chemicals subject to declaration.

Construction Ministry Circular No.  05/2008/TT-BXD of February 22, 2008, guiding the adjustment of construction prices and contracts in response to fluctuations in prices of raw materials, fuels and construction materials. The adjustment of construction material prices applies to construction and installation volumes in 2007 which are affected by fluctuations in construction material prices, increasing construction expenses out of the control of investors and contractors. Investors and contractors will determine construction and installation volumes affected by price fluctuations as well as price adjustments and take responsibility for such determination.

Joint Circular No. 02/2008/TTLT/TANDTC-VKSNDTC-BVHTTDL-BKHCN-BTP of April 3, 2008, of the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Culture, Sports and Tourism, the Ministry of Science and Technology and the Ministry of Justice, guiding the application of a number of legal provisions on settlement of disputes over intellectual property rights at people’s courts, specifically the competence of people’s courts to settle disputes over intellectual property rights; the right to initiate lawsuits and conditions for initiating lawsuits against civil cases on intellectual property rights; intellectual property-related examination; and requests for compensation damages or application of provisional urgent measures.

Health Ministry Circular No. 04/2008/TT-BYT of May 12, 2008, guiding details of labels and labeling of domestically circulated, imported and exported medicines. Manufacturers of medicines for domestic circulation are responsible for labeling these medicines. Manufacturers of medicines in Vietnam for export and medicine exporters must take responsibility for labeling these medicines. Importers of medicines into Vietnam whose original labels are incompliant with this stipulation must make supplementary labels on those medicines prior to sale and retain the original labels.

Joint Circular No. 05/2008/TTLT/BKH-BTC-BCA of July 29, 2008, of the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Public Security, guiding dossiers, order and mechanisms for coordination between agencies carrying out administrative procedures on business registration, tax registration and seal registration for enterprises, branches and representative offices set up and operating under the Enterprise Law.-

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