Top 10 most significant laws and regulations of 2011
Selected by Viet Nam Law and Legal Forum
1) The Law on Human Trafficking. The new law, which took effect on January 1, 2012, provides for the prevention, detection and handling of acts of human trafficking acts and related violations, as well as protection for and assistance to victims, and international co-operation in preventing human trafficking.
2) Law on Environmental Protection Tax. This law, also taking effect on January 1, defines who and what is subject to environmental protection taxes, as well as methods of declaration, calculation, payment and refund.
3) Government Resolution No 11/NQ-CP. The resolution formed the spearhead of the Government's economic policy for the year, targeting inflation, economic stability and social security through prudent monetary and financial policies, reduced State spending, and a lower budget deficit. It encouraged production, higher exports, a reduced trade deficit, and greater floating of electrical rates and petrol prices.
4) Government Decree No 46/2011/ND-CP of June 17, 2011, amending Decree No 34/2008/ND-CP of March 2008 on recruitment and management of foreign employees in Viet Nam. It provides for recruitment of foreigners to work for foreign contractors on projects awarded through competitive bidding, as well as validity and renewal of work permits. It took effect on August 1.
5) Government Decree No 63/2011/ND-CP of July 28, 2011, detailing the Law on Commercial Arbitration, took effect on September 20, detailing and guiding registration and licensing of arbitration centres and their branches, including Viet Nam-based branches or representative offices of foreign arbitration institutions, as well as provisions on enforcement of decisions of arbitration councils.
6) Government Decree No 85/2011/ND-CP of September 20, 2011, amends Decree No 100/2006/ND-CP of September 2006, detailing provisions of the Civil Code and the Law on Intellectual Property Law regarding copyright and related rights. The new decree contains additional provisions on copyright pertaining to software, popular literary and artistic works, and use of broadcasts, as well as authority to grant copyright certificates, payment of royalties and other material benefits. It took effect on November 10.
7) Government Decree No 99/2011/ND-CP of October 27, 2011, details provisions in the Law on Consumer Protection. It provides for protection of consumers in transactions with independent business entities not subject to business registration requirements; organisations engaged in consumer rights protection; mediation of disputes between consumers and institutional or individual traders; and state administration of consumer rights protection. The decree took effect on December 15.
8) Decision No 2127/2011/QD-TTg of the Prime Minister, issued on November 30, 2011, approved the National Housing Development Strategy through 2020, with a vision toward 2030. It aimed to create conditions for mobilising various economic sectors to participate in housing development under the market mechanism while adopting appropriate preferential policies for low-income earners. The decision took effect on November 30, and replaced Decision No 76/2004/QD-TTg of May 2004.
9) Ministry of Foreign Affairs Circular No 02/2011/TT-BNG, issued on June 27, 2011 and taking effect last August 11, established procedures for citizenship registration by overseas Vietnamese at Vietnamese diplomatic missions, consulates or other agencies authorised to perform consular functions.
10) State Bank of Viet Nam Circular No 34/2011/TT-NHNN of October 28, 2011, guides procedures for revoking licenses and liquidating assets of credit institutions, foreign bank branches, representative offices of foreign credit institutions and other foreign institutions engaged in banking operations. The circular took effect on December 11, and replaced Decision No 45/1999/QD-NHNN of February 1999, and Clauses 40, 41, 71, 72 and 73 of Circular No 03/2007/TT-NHNN of June 5, 2007.