Prominent regulations in effect from early March 2017

1. Guideline for handling of the rights of use of expropriated land parcels on lease or under mortgage

The government’s Decree No. 01/2017/ND-CP on amendments to certain decrees on guidelines for the Land Law shall come into force as of March 03, 2017.

Land lease contracts and land use right mortgage contracts shall terminate upon the government’s expropriation of lands and shall be settled in the following manner:

- If land expropriation serves the purposes of national defense or security pursuant to Article 61 and Article 62 of the Land Law, consequences shall be settled as per the legislation on civil matters.

- Upon the expropriation of the parcels on lease due to a violation of the legislation on land pursuant to Point a, b, c, d, g, h and i, Section 1, Article 64 of the 2013’s Land Law:

 + If the renter or lessor is at fault for land expropriation, the defaulting party shall compensate the other party for damage pursuant to the legislation on civil matters.

 + If neither the lessor nor the renter is at fault but a third party is liable for land expropriation, the third party shall compensate the other parties for damage pursuant to the legislation on civil matters.

- When a land parcel under mortgage is expropriated due to a violation of the legislation on land pursuant to Point a, b, c, d, g, h and i, Section 1, Article 64 of the Land Law, the mortgagor has to repay its borrowing to the mortgagee as per regulations.

The plan for land expropriation, on which a decision has been issued, shall proceed if having been approved before March 03, 2017.

2. Electronic social insurance papers submitted 24/7

On December 24, 2016, the government promulgated the Decree No. 166/2016/ND-CP on electronic transactions in the sector of social insurance, health insurance and unemployment insurance.

The time for submission of electronic social insurance papers is defined below:

- Electronic social insurance papers can be submitted electronically via the website of Vietnam Social Insurance or IVAN 24 hours a day and 7 days a week.

- The receiving agency shall send a confirmation, in no more than 15 minutes upon its receipt of the electronic social insurance papers, to the email address of the person who made the submission.

Decree No. 166/2016/ND-CP comes into force as of March 01, 2017.

3. New list of diseases that require long-term treatment

As of March 01, 2017, the new list of diseases that require long-term treatment, annexed to the Circular No. 46/2016/TT-BYT , shall come into force.

The new list consists of 332 diseases, many of which are newly added such as chronic diarrhea, sinusitis, severe tetanus with complications, and alcoholic hepatitis, in replacement for 192 diseases in the current list.

Circular No. 46/2016/TT-BYT invalidates the list of diseases that require long-term treatment annexed to the Circular No. 14/2016/TT-BYT. />
4. Wider eligibility for opening a bank account

State Bank’s Circular No. 32/2016/TT-NHNN on amendments to guidelines for the opening and use of current accounts at payment service providers shall come into force as of March 01, 2017.

The eligibility for opening a current account at a bank is widened as follows:

- A person of 15 to less than 18 years of age, whose capacity to act is not lost or restricted, can open a current account without being in possession of a private asset, which is dissimilar from the current regulation;

- A person who has problems with awareness and behavior control can open a current account through a guardian.

As of March 10, 2017, the following prominent documents on education shall come into effect:

5. Circular No. 04/2017/TT-BGDDT on the statutes of the national high school graduation examination and the recognition of graduation from high school.

6. Circular No. 05/2017/TT-BGDDT on the enrollment in full-time university and college programs in pedagogy.