Headlines 26/04/2016 14:38 CH

Five decrees coming into force in early May 2016

Ánh Nguyệt

From the 1st to 10th of April 2016, a variety of new decrees shall take effect. Including:

1. Additional circumstances that lead to administrative detention

Decree No. 17/2016/ND-CP (in effect as of 02 May 2016) regulates the following circumstances that enable administrative detention:

- To prevent or desist the acts of disrupting public order or causing injuries to other people.

- To preclude or intercept the acts of smuggling or trafficking goods across borders upon intimations of offenders’ absconding, destructing exhibits or means of crime or obstructing remedial measures.

- To forestall or terminate violations of Section 5, Article 20 of the Law on family violence prevention and Section 1, Article 12, Decree No. 08/2009/ND-CP on details and guidelines for the enforcement of certain articles of the Law on family violence prevention.

2. Six priority sectors of ODA and preferential loans

Pursuant to the Decree No. 16/2016/ND-CP on management and utilization of official development assistance (ODA) and preferential loans from foreign lenders, six priority sectors of ODA and preferential loans include:

- Assistance to economic - social infrastructure programs and projects.

- Assistance to research and development of economic - social policies and fortification of state management.

- Assistance to human resource development, science research and technology development.

- Assistance to environment protection, climate change adaptation and green growth.

- Government financing of PPP projects (Public-Private Partnership).

- Other priority sectors as per the Prime Minister's decisions.

Decree No. 16/2016/ND-CP comes into force as of 02 May 2016 and replaces the Decree No. 38/2013/ND-CP.

3. Environment protection fee for mining

Decree No. 12/2016/ND-CP (in effect as of 01 May 2016) stipulates the following fee for mining:

- Environment protection fee for crude oil exploitation: VND 100,000 per tonne and VND 50 per cubic meter of natural gas or methane.

Extraction of natural gas (associated gas) during crude oil exploitation incurs a fee of VND 35 per cubic meter.

- Environment protection fees for other mining activities are defined in the fee schedule enclosed to this Decree.

- Environment protection fees for salvage exploitation of minerals shall be 60% of the fees for such minerals as prescribed in the fee schedule enclosed to this Decree.

Provincial people’s councils shall consider the fee schedule under this Circular and specify the local environment protection fee for each type of mineral from time to time according to actual circumstances.

4. New regulation on revocation of licenses for performances, art and fashion shows, beauty and model contests, circulation and sale of sound and video recordings of music, dance and stage performances.

Such regulation is prescribed in the Decree No. 15/2016/ND-CP and comes into force as of 01 May 2016.

5. Decree No. 14/2016/ND-CP (in effect as of 01 May 2016) specifies individuals exempt from enlistment in the event of war. 

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