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Thursday, October 6, 2022

Top 10 legal documents in 2012

Updated: 10:46’ - 28/12/2012

(Selected by VLLF)

1. The 2012 Labor Code, which provides labor regimes; rights, obligations and responsibilities of employees, employers, employees’ representative organizations and employers’ representative organizations in industrial relations and relevant relations; and state management of labor. This Code will take effect on May 1, 2013.

2. Law of the Sea of Vietnam, which provides the baseline, the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, islands, the Paracel and Spratly archipelagos and other archipelagos under the sovereignty, sovereign rights and jurisdiction of Vietnam; operations in Vietnam’s maritime zones; maritime economic development; the management and protection of the sea and islands. This Law will take effect on January 1, 2013.

3. Resolution No. 13/NQ-CP of the Government of May 10, on a number of solutions for removing production and business difficulties and supporting the market. It introduces a comprehensive package of measures related to defer the payment of value-added tax, enterprise income tax and land rents for investment project owners facing financial difficulties; interest rate, banking restructuring; government expenditures; tax relief; price supervision and administrative reforms.

4. Decree No. 24/2012/ND-CP of the Government of April 3, on management of gold trading activities, covering manufacture and processing of gold jewelry and art crafts; trading in gold jewelry, art crafts and bars; gold export and import; and other gold trading activities, including via-account gold trading and gold-related derivative activities. This Decree took effect on May 25, 2012, replacing Decree No. 174/1999/ND-CP of December 9, 1999, on management of gold trading activities, and Decree No. 64/2003/ND-CP of June 11, 2003, amending Decree No. 174/1999/ND-CP.

5. Decree No. 73/2012/ND-CP of the Government of September 26, on foreign cooperation and investment in education, which provides foreign cooperation and investment in education, training and vocational training, including joint training, establishment of foreign-invested education institutions and foreign education representative offices in Vietnam. This Decree took effect on November 15, 2012, and annuls provisions on education and training of Decree No. 18/2001/ND-CP of May 4, 2001, on establishment and operation of foreign cultural and educational institutions in Vietnam, and Decree No. 06/2000/ND-CP of March 6, 2000, on foreign investment cooperation in medical examination and treatment, education and training, and scientific research, and other relevant provisions contrary to this Decree.

6. Decree No. 92/2012/ND-CP of the Government of  November 8, guiding the implementation of the Ordinance on Beliefs and Religions. It provides belief activities, religious organizations, religious activities of believers, members of religious sects, religious dignitaries and organizations, and state agencies’ responsibilities for management of belief and religious activities. The Decree aims to address the limitations of Decree No. 22/2005/ND-CP of March 1, 2005, and implement Resolution No. 54 on implication of administrative procedures related to religions, ensuring that belief and religious activities be carried out smoothly within the legal framework. It will take effect on January 1, 2013.

7. Decision No. 05/2012/QD-TTg of the Prime Minister of January 19, on pilot value-added tax refund for goods purchased in Vietnam by foreigners and brought upon departure through Noi Bai international airport or Tan Son Nhat international airport. This Decision took effect on July 1, 2012.

8. Decision No. 106/QD-TTg of the Prime Minister of January 19, approving the scheme on attraction, management and use of official development assistance (ODA) and other preferential loans of donors during 2011-2015. It conveys Vietnam’s policies on attraction, management and efficient use of ODA and other preferential loans of donors in a new context that Vietnam has become a lower middle income developing country. This Decision took effect on January 19, 2012.

9. Decision No. 1826/TTg of the Prime Minister of December 6, approving the Scheme on restructuring of the securities market and insurance businesses. It aims to enhance the role of the securities and insurance markets as the major sources providing medium- and long-term funding for the national economy. This Decision took effect on December 6, 2012.

10.  Circular No. 01/2012/TT-BXD of the Ministry of Construction of May 8, guiding the procedures for grant of contracting licenses to, and management of, foreign contractors engaged in construction activities in Vietnam. It guides Prime Minister Decision No. 03/2012/QD-TTg of January 16, 2012, amending the Regulation on management of operations of foreign construction contractors in Vietnam issued together with Decision No. 87/2004/QD-TTg. This Circular took effect on June 26, 2012, replacing Circular No. 05/2004/TT-BXD of September 15, 2004.-


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