The Joint Circular No. 07/2015/TTLT-BKHĐT-BTC regulating on posting, providing bidding information and bidder selection over the internet.
As from July 1st, 2016, at least 02 working days prior to the bid closing deadline, bidders and investors, who have not obtained the confirmation of information registration on the National Bidding Network, shall not be allowed to participate in bidding for the bids or projects under the bidder selection procedure as prescribed in Article 20 to 26 of the Bidding Law.
Moreover, this Joint Circular also provides regulations on bidding participation security measures with respect to the online bidder selection process:
+ The bidder must implement bidding participation security measures and the content of the bidding document and request must be approved.
+ Bidding participation measures are: payment of deposit by cheque, letter of guarantee issued by a credit institution or branch of foreign bank in Vietnam or online bidding participation guaranteed by a bank having connection to the National Bidding Network.
The relevant ministry, ministerial-level agency, governmental agency, provincial people’s committee, economic conglomerate, state-owned corporation, socio-political organization must select at least 40% of its contractor for competitive bids, at least 30% of its contractor for small scale public bids and restricted bid.
The Joint Circular will take effect on November 01, 2015.
2. REAL ESTATE
From November 01, 2015, the new templates of contracts for real estate business shall be provided by Decree No. 76/2015/NĐ-CP on guidelines for Law on Real Estate Business.
New templates of contracts including:
– Contract for sale of existing house, buildings (or to be formed in the future);
– Contract for lease of existing house, buildings (or to be formed in the future);
– Contract for lease purchase of existing house, buildings (or to be formed in the future);
– Contract for transfer, lease, or sub-lease of land use rights;
– Contract for transfer of the whole project (a part of a project).
Moreover, this Decree also provided 02 forms of the transfer agreement, 02 application forms for transfer, 02 form of report of project implementation, 02 of application form for accepting the transfer.
The Decree will take effect on November 01, 2915 and replace Decree No. 153/2007/NĐ-CP.
3. LEGAL SERVICE
The Government recently issued the Decree No. 80/2015/ND-CP on amendment a number of Articles of the Decree No. 14/2013/ND-CP on amendment the Decree No.07/2007/ND-CP of the Government on guidelines for the Law on legal aid.
Accordingly, legal aid providers have their salary graded and paid according to the salary scale applicable to public employees under regulations of law.
When participating in legal proceedings, each legal aid provider is entitled to a case-based allowance equal to 40% of the remuneration level applicable to a lawyer providing legal aid as required by the State. When providing extrajudicial representation or reconciliation, each legal aid provider is entitled to a case-based allowance equal to 20% of the remuneration level applicable to a lawyer providing legal aid as required by the State.
If legal aid is provided in the form of participation in legal proceedings, the remuneration level for the lawyer providing legal aid as required is equal to VND 500,000 per working session or a fixed amount for a case of between 3 months’ basic salary and 10 months’ basic salary.
The Decree will take effect on November 10, 2015.
4. ADMINISTRATION PROCEDURE
The Joint Circular No. 12/2015/TTLT-BTP-BTC- TANDTC-VKSNDTC was promulgated to guide exemption from, or reduction of, judgment enforcement obligation of the revenue, payment to the State Budget, accordingly:
– Execution a part of the revenue and payment to the State Budget or a part of legal cost to be executed at least equal to 1/50 of the revenue, payment to the State Budget or legal cost under the judgment and decision of the Court.
– In case the objects, who was reduced a part of a fine but committing a new crime, shall be continued considered for commutation only when implementation was fulfilled a part of a fine prescribed by the Penal Code on reduction of sentenced fines.
– For cases judgment debtors who fall into special difficulties circumstances in a long time or have great merits shall be exempted from the remaining of Court charges and fines if positively partial implementation of Court fees as regulated.
The Joint Circular will take effect on November 01st, 2015.
5. PUBLIC INVESTMENT
On September 10th, 2015, the Government issued the Decree No. 77/2015/ND-CP on annually mid-term public investment plan. The notable provision is about condition for the program, project which is allocated capital for mid-term public investment plan.
To be allocated the capital of mid-term public investment plan, program and project must be decided by competent authorities on investment policy, be defined the capital and capital balance abilities to execute, be complied with the provisions on principle, criteria for allocation of public investment capital and ensured that the capital balanced enough to complete the project as scheduled.
The public investment project approved by competent authorities in the 05-year mid-term public investment plan may have the advanced next year-capital to accelerate the implementation. The advanced capital of each project may not exceed the total of 05-year mid-term capital that layout for the project.
This Decree will take effect on November 01st, 2015.
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