Headlines 07/08/2018 09:08 SA

Remarkable Decrees coming into force from the beginning of August 2018

Nguyễn Thương

After the article “New Decrees coming into force from the beginning of August 2018”, THƯ VIỆN PHÁP LUẬT introduces remarkable contents of the following Circulars and Joint Circulars:

1. Types of documents are required to be sent to the police authority by the Court

Joint Circular No.05/2018/TTLT-BCA-VKSNDTC-TANDTC prescribing cooperation in notification and provision of information and documents regarding the offenders is promulgated on June 25, 2018.

According to the Joint Circular, the People’s Court is required to send the police authority the following documents:

- Custody decisions, decisions on cancelling the custody measure and decisions on replacing the custody measure

- Criminal judgments of the county court; criminal judgments of the court of appeal; criminal decisions on cassation, criminal decision on reopening, decisions on serving prison sentence and decisions on prison sentence commutation

- Decisions on exemption from serving the prison sentence, decisions on deferred prison sentence, decisions on suspended prison sentence, decisions on conditional parole and decisions on cancelling the conditional parole decisions;

- Decisions on imposing the mandatory disease treatment measure, decisions on suspending the mandatory disease treatment measure and decision on criminal record expungement;

- Decisions of the President on consideration of application for death sentence reduction (rejecting the application for death sentence reduction or reducing the death sentence), decisions on serving death sentence and records of serving death sentence

Joint Circular No.5 comes into force from August 08, 2018 and replaces Joint Circular No.03/2006/TTLT-BCA-VKSNDTC-TANDTC dated June 01, 2006.

2. Banks are prohibited from purchasing corporate bonds for purpose of restructuring enterprises’ debts

This is a new content of Circular No.15/2018/TT-NHNN which amends Circular No.22/2016/TT-NHNN on purchase of corporate bonds by credit institutions and branches of foreign banks.

According to the Circular, credit institutions and branches of foreign banks are prohibited from purchasing corporate bonds for the purpose of restructuring debts of those enterprises.

The principles for purchasing corporate bonds by credit institutions and branches of foreign banks are also added, including:

-  The decision on internal control of corporate bonds purchase, especially for bonds issued to execute projects in fields with potential risks.

- Specific regulations on fields with potential risks and credit policies for investment in these fields

Circular No.15/2018/TT-NHNN comes into force from August 02, 2018.

3. Guidelines for cooperation in enforcement of the Court’s bankruptcy decision

Joint Circular No.07/2018/TTLT-BTP-VKSNDTC-TANDTC providing for cooperation in enforcement of the Court’s decision on bankruptcy settlement is issued by the Minister of Justice, Chief Justice of Supreme People’s Court and Chief Procurator of the Supreme People’s Procuracy on June 12, 2018.

Below is the procedure for cooperation between the judgment execution authority and the Court in enforcement of the bankruptcy decision:

- The Court's decision on bankruptcy settlement is transferred to the competent civil judgment enforcement authority within 30 days from the effective date of such decision.

- Director of the competent civil judgment enforcement authority proactively issues the judgment enforcement decision and assign enforcement officers.

- The enforcement officers performs their task in accordance with provisions of the Law on enforcements of civil judgments and liquidates the remaining assets of the enterprise or cooperatives going bankrupt.

Joint Circular No.07/2018/TTLT-BTP-VKSNDTC-TANDTC comes into force from August 01, 2018.

4. Circular No.56/2018/TT-BTC which provides for prices for appraisal of reports on environmental effect evaluation, collection, payment, management and use of charges for appraisal of reports on environmental effect evaluation by central government authorities, comes into force from August 10, 2018.

5. Circular No.55/2018/TT-BTC which amends 07 Circulars on charging on environment and natural resources comes into force from August 10, 2018.

6. Circular No.03/2018/TT-BLĐTBXH which prescribes standards for job titles of public employees specialized in vocational training, comes into force from August 01, 2018.

>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE

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