Headlines 04/09/2019 15:42 CH

All Decrees into effect from early September, 2019

Kiều Nga

THƯ VIỆN PHÁP LUẬT would like to introduce Decrees that will come into effect from the beginning of September, 2019 (from September 01, 2019), specifically including:

1. From September 01, 2019: No karaoke after 12 a.m

This is a new provision under Decree No. 54/2019/ND-CP on business of karaoke and night club services, coming into effect from September 01, 2019.

According to the Decree, licensed karaoke enterprises or households must:

- not operate from 12 a.m to 08 a.m.

- not lock the door from the inside or install alarming devices (except fire alarm).

This means that, compared to the current regulations, the new regulation revokesthe permission for operation of karaoke clubs located within the tourist accommodation establishments rated at least 4 stars or gaining premium ranks after 12 a.m but no later than 2 a.m.

2. Revision of procedures for registration of crop conversion on rice cultivation land

This is an important provision under Decree No. 62/2019/ND-CP (coming into force from September 01, 2019) on amendments to Decree No. 35/2015/ND-CP on management and use of rice cultivation land.

According to the Decree, the revision of regulations on the procedures for registration of crop conversion on rice cultivation land is as follows:

- Persons having the need to convert plants on paddy lands shall send 01 registration form as set forth under Annex I issued together with this 62 Decree to the commune-level People’s Committee;

 (According to the current regulations, the form is set forth under the Annex IA issued together with Circular No. 19/2017/TT-BNNPTNT).

- If the registration form is illegitimate, within 03 working days, the commune-level People’s Committee must instruct the land user to revise and amend his/her registration form.

- If the registration form is legitimate and fits with the plant conversion plan, within 05 work days, the commune-level People's Committee must put “Conversion accepted” remark stamp on the registration form, record its acceptance in the book and send it back to the land user;

- In case of rejection, the commune-level People's Committee must issue a written response using the form set forth under Annex II issued together with this 62 Decree.

 (The current regulations do not prescribe 03 or 05 working days stated above as the processing duration and use of form IIA issued together with Circular 19 in case of rejection).

3. Fines for dumping wastewater into hydraulic structures

This provision is specified in Decree No. 65/2019/ND-CP on amendments to Decree No. 104/2017/ND-CP on administrative sanctions against violations arising from natural disaster prevetion and control; exploitation and protection of hydraulic structures and flood control system.

According to the Decree, a fine ranging from VND 30,000,000 to VND 50,000,000 will be imposed for operations in contravention of the regulations of each of the following license:

- Dumping wastewater into hydraulic structures;

- Constructing new works within the safety perimeter of existing ones.

- Setting off explosive and performing other explosion related activities within the safety perimeter of a hydraulic structure..

In addition, by committing acts mentioned above, the operation licence of the offenders may be revoked from 01 to 03 months.

This Decree will come into force from September 09, 2019.

4. 03 administrative sanction levels for lending of public assets

According to Decree No. 63/2019/ND-CP (coming into force from September 01, 2019) on administrative sanctions in public asset management and use; economical and anti-extravagance practices; national reserve; state treasury:

Fines imposed for the illegal lending and use of public assets (e.g lending public assets to other organizations or individuals to use regardless of whether lending contracts are made and how long such lending lasts) are as follows:

- From VND 1,000,000 to VND 5,000,000 if the value of the lent assets is less than VND 100,000,000;

- From VND 5,000,000 to VND 10.000.000 if the value of the lent assets is equal or greater than VND 100,000,000;

- From VND 50,000,000 to VND 60,000,000 if the lent assets is an office, public service office facilities or motor vehicle.

5. Decree No. 64/2019/ND-CP amends Article 7 of Decree No, 160/2013/ND-CP on criteria for determination of species and species management policies with respect to those existing in the list of endangered, rare and precious species getting priorities for conservation is coming into force from September 05, 2019.

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