Vietnam: Legal Update July/August 2003

Last Updated: 18 September 2003
Article by Tim Reinold
This article is part of a series: Click Legal Update August/September 2003 for the previous article.
Tendering
In June 2001, a draft of a new Ordinance on tendering was issued, based on Vietnam's Commercial Law, the Law on Foreign Investment in Vietnam (LFI) and Decree No.88/1999/ND-CP dated 1 September 1999 (Decree 88) as amended by Decree No. 14/2000/ND-CP dated 5 May 2000 (Decree 14). However, that Ordinance has not yet been issued and instead, Decree No. 66/2003/ND-CP dated 12 June 2003 (Decree 66) has been issued to further amend Decree 88 and Decree 14.

This article analyses the combined effect of Decree 88, Decree 14 and Decree 66 (together the Tendering Decrees) on types of tenders, selecting tenderers, dealing with foreign tenderers, and the conditions for international tenders.

Article 1 of the Tendering Decrees says that the 'objective of tendering is to apply competitiveness, fairness and transparency in the tendering process for the purpose of selecting suitable tenderers and ensuring the economic efficiency of projects'.

The Tendering Decrees apply to:

  • investment projects that are carried out under the regulations on managing investment and construction, and are required to comply with the tendering regulations
  • projects of joint venture enterprises, parties to business cooperation contracts or joint stock companies in which the participating interest of a State owned enterprise (SOE) is 30 per cent or more of the legal capital, business capital or equity respectively
  • projects funded by aid from international organisations or foreign countries: these are to be implemented on the basis of a treaty signed by the parties
  • investment projects for which investment partners are selected
  • investment in the procurement of tools, materials, equipment, or working facilities of State bodies or organisations or SOEs.

There are several forms of selecting tenderers, including:

  • open or unrestricted tendering: this is the commonest form of tendering where the number of participating tenderers is unlimited and the party calling for tenders publishes the terms and time limits in the media, or circulates a notice in a tender bulletin or website no later than 10 days prior to issuing tender invitation documents. Another form of tendering is only allowed where there is sufficient evidence that the other form of tendering is the most relevant and has been approved by an authorised body.
  • restricted (limited) tendering under which the party calling for tenders invites a limited number, being not less than five, of capable tenderers to participate. This form of tendering is allowed only if there is a limited number of tenderers capable of satisfying the requirements of the tender package, or the sources of capital used require limited tendering, or where there are certain advantages that limited tendering can bring to the specific circumstances of the tender package.
  • appointment of the tenderer by the direct selection of a tenderer capable of satisfying the requirements of the tender package for the purpose of negotiating the contract: this is allowed in special cases such as the happening of a force majeure event, tender packages for certain forms of research or defence projects, tender packages of a special nature due to the requirements of the funding organisation, and for projects with a value of less than VND 1 billion for procurement of goods for construction and installation or VND 500 million for consultancy.
  • competitive offer: only applicable to tender packages for the procurement of goods with a value of less than VND 2 billion and where there are at least three offers from three different tenderers based on the order request in the tender invitation documents.

To increase transparency, the Government is to establish a tenderer information system comprising:

  • a tenderer bulletin and website managed by the Ministry of Planning and Investment which is to be published and transmitted nationwide
  • tenderer bulletins and websites managed and published by ministries and local authorities
  • other media including daily newspapers, central and local radio and television.

Decree 66 sets out the type of information that is to be published and the details of the bodies providing the information. Where a tenderer commits a violation of the tendering regulations, the violation and the name of the tenderer is required to be published in the State tenderer bulletin and website. If the tenderer is named on three separate occasions, that tenderer may not be allowed to participate in a tender in Vietnam ever again.

Foreign tenderers wanting to participate in a tender in Vietnam must provide MPI with specific information and data including its name, its date of incorporation or establishment, the sector of the economy in which it proposes to tender, its total assets and other financial details.

International tendering (where domestic and foreign tenderers can participate) can only be conducted where no domestic tenderer satisfies the requirements of a tender package or in respect of projects funded with aid from international or foreign organisations under a treaty that requires international tendering.

If a foreign tenderer wants to participate in an international tender in Vietnam for construction and installation or for the supply of goods, that foreign tenderer must enter into a partnership with a Vietnamese contractor or undertake to use Vietnamese subcontractors, and must clearly specify the scope of work, volume of work and the unit price for the work to be shared between the parties.

Decree 66 has introduced incentives for domestic tenderers and goods produced domestically for international tenders. The companies or packages entitled to the incentives comprise:

  • domestic tenderers operating under the Enterprise Law, the Law on Cooperatives and the Law on SOEs
  • joint venture enterprises operating under the LFI to which the Vietnamese party contributes more than 50 per cent of the legal capital
  • a construction and installation or consultancy package where the domestic tenderer is to undertake more than 50 per cent of the work
  • a tender package for the supply of goods where the ratio of the domestic production costs represents more than 30 per cent of the ex-factory price.

The incentives are in the form of weighting the evaluation scores so that:

  • where the tender package involves selection of a consultant and the domestic tenderer passes the technical stage by achieving the minimum score or more, that tenderer's overall tender evaluation score will be increased by 7.5 per cent
  • in the case of a construction and installation tender package, a tenderer who is not entitled to the incentives would have its tender price increased by 7.5 per cent
  • for tender packages for the procurement of goods, the tender price of an international tenderer will be increased by 15 per cent of the price of the goods, inclusive of the cost of transportation, freight and insurance
  • where the general scores in respect of a consultancy are equal or where the evaluation scores for a tender for construction and installation or the procurement of goods are equal, a domestic tenderer will be ranked higher than an international tenderer.

In the next issue of our newsletter, we will examine the process of tendering in more detail.


EPC Contracts
Under Decree No. 07/2003/ND-CP dated 30 January 2003, which amended the governing Decrees on managing investment and construction, an investor can carry out a project or tender package by way of an engineering, procurement and construction contract (EPC Contract).

The Ministry of Construction (MOC) has now provided guidelines on the contents of, and managing, EPC Contracts. An EPC Contract is described in Circular No. 08/2003/TT-BXD dated 9 July 2003 of the MOC as a written agreement between an investor and a contractor (or a tendering partnership) to implement all work items involved in a project or tender package on a lump sum basis from the design stage, throughout the stages of supply of materials, equipment and technical services and the construction stage, right up to putting the project or package into use.

Once an investor has obtained an investment decision allowing a project or tender package to proceed under an EPC Contract, the investor needs to establish a new project management unit (but only if the project is funded from the State budget), to prepare Specifications, design documents and tender calling documents, and then to proceed to select an EPC Contractor and finalise the EPC Contract.

The Specifications to be prepared include:

  • specifications relating to the scale of the works, their capacity, plans for selected products, the use and operational ability of the works, technical standards for design and construction, technical and other solutions and instructions relating to materials, supplies and technical services to be supplied by a tenderer
  • requirements relating to the qualifications and experience of the tenderer
  • preliminary designs, documents and matters relating to the construction site, preliminary design specifications and requirements for managing quality, testing, trial operation, maintenance and servicing of the works
  • scope of works
  • allocation of responsibilities for the supply of utilities and other services for the construction site
  • timetable for implementing the major works and for commissioning them
  • information relating to approval procedures
  • requirements relating to environmental protection, safety, fire prevention and other matters.

An EPC Contractor is either directly appointed or he is selected by tender.

The EPC Contract documents comprise:

  • heads of agreement, a standard form of which is attached to Circular 08
  • the Specifications
  • documents calling for tenderers and tender offer documents, a notice of successful tenderer or a minute of appointment
  • general and special contract conditions
  • drawings and other written agreements between the investor and the EPC Contractor.

In principle, the EPC Contract price is a lump sum contract price which cannot exceed the investment capital level approved for the engineering, procurement and construction part of the project or package.

The contract price can be adjusted where:

  • the contract terms specify the scope, level and method of adjustment
  • variations outside the original scope of the contract are approved by the authorised body.

If the variations are included in the list of work items in the contract, the adjustment of the price will be based on the unit price of each item comprising a variation. If the contract does not contain details of relevant unit prices, the unit price will be the one stipulated by the State for the corresponding work item. Where there is no unit price stipulated by the State, the parties are to agree the price and have it approved by the authorised body.

The contract price can also be adjusted from and after the 13th month where the contract is for longer than 12 months and there is any major change in State policies applicable to investment and construction.

Payment of the price is to be by way of progress payments (or advances) except that payments are to be made for each delivery where procurement of materials and equipment is involved. The progress payments are to be based on the volume of work carried out at the date when a payment is due.

Circular 08 comes into effect 15 days after the date it is published in the Official Gazette. It replaces Circular 01/2002/TT-BXD dated 7 January 2002 of the MOC and sets out in detail the respective powers and responsibilities of an investor and of an EPC Contractor.

For example, the investor's responsibilities and powers include:

  • obtaining a construction permit in accordance with the law
  • paying site compensation, carrying out site clearance and handing over the construction site to the EPC Contractor for management and use
  • hiring a consultant to supervise the process of performing the contract
  • commissioning, appraising and approving, or submitting to the authorised body to appraise and approve, technical design total budget estimates, drawings of main work items or technical design and completing other approval procedures
  • managing capital of the project/tender package and disbursing money and paying on time to the EPC Contractor in accordance with the payment schedule and contract performance timetable
  • certifying the volume of work completed under the contract and variations arising out of the contract
  • effecting insurance for the construction works
  • commissioning and receiving the completed works in accordance with the contract and State regulations on commissioning and handover of completed construction works
  • deciding to stop, suspend or cancel performing the contract in accordance with the law or as agreed between the parties to the contract
  • refusing to pay, or suspending payment of, amounts under the contract when the EPC Contractor fails to carry out its obligations in full under the contract.

The responsibilities and powers of an EPC Contractor include:

  • receiving and managing the construction site, preserving the boundaries of the works or carrying out site clearance as authorised by the investor in an agreement between the parties
  • preparing the technical design or technical and construction design, and drawings of major works
  • procuring, manufacturing and supplying materials and equipment as required and in accordance with the contract performance schedule; or agreeing with the investor about the details of the tender calling documents for the procurement of major equipment and technology, and costs for procurement on the basis of the tender results
  • constructing the works in accordance with the approved design
  • arranging, coordinating and managing activities at the construction site; taking measures to maintain environmental hygiene, to prevent and extinguish fires, and to maintain occupational safety and security at the construction site
  • carrying out tests, correcting and conducting trial synchronisation operations, preparing practical completion documents and handing over the completed works to the investor in accordance with the contract and State regulations
  • effecting insurance for materials, equipment, workshops for construction, accident insurance for workmen and third party civil liability insurance as required by law
  • selecting sub-contractors by tender or by tenderer appointment; and increasing or replacing sub-contractors (if necessary) to maintain the quality, price and implementation rate of progress set out in the contract
  • stopping or cancelling the contract in accordance with regulations on economic contracts and the agreement between the parties to the contract.


Registration of secured transactions
On 10 March 2000, the Government issued Decree No. 08/2000/ND-CP on registering secured transactions. That Decree established the basis on which pledges of moveable assets and certain guarantees were registrable at the National Registration Authority for Secured Transactions (NRAST). However, Decree 08 did not provide for any central registration at the NRAST for mortgages of land use rights or of immoveable assets.

Secured transactions relating to immoveable assets and land use rights are to be registered with:

  • the department of natural resources and the environment (formerly the land and housing department) where the land or assets attached to the land are located for cases where the mortgagor is an organisation
  • the people's committee of the commune, ward or town where the land or assets attached to the land are located for cases where the mortgagor is a family household or individual.

The Ministry of Justice and the Ministry of Natural Resources and the Environment have now issued Inter-circular No. 03/2003/TTLT/BTP-BTNMT dated 4 July 2003 setting out the procedures and order for registering, and providing information about, mortgages of land use rights (land mortgages) and of assets attached to land (asset backed mortgages) and guarantees backed by land use rights (land backed guarantees) or assets attached to land (asset backed guarantees).

Assets attached to land comprise residential houses and other buildings attached to land, assets that form an integral part of the houses or other buildings, perennial tree plantations and forests, and other assets attached to land.

The following must be compulsorily registered:

  • land mortgages and land backed guarantees
  • asset backed mortgages and asset backed guarantees where the right to own the assets is required to be registered by law or where the parties agree that the mortgagor or a third party will retain possession of the assets
  • an asset backed mortgage granted to secure the performance of several obligations
  • a notice of disposal of mortgaged assets or of assets used for the purpose of a guarantee.

A registered contract for mortgage or guarantee is valid as against third parties from the date of registration until the date of deregistration.

Before applying to register a registrable mortgage or guarantee, the relevant document must be notarised and then submitted to the registration body with:

  • three copies of the registration application signed by the parties
  • power of attorney or other authorisation where the application is signed on behalf of a party
  • two copies of the land mortgage or asset backed mortgage or three copies of the land backed guarantee or asset backed guarantee
  • the land use right certificate or the certificate of the right to use residential land in an urban area
  • excerpt of the cadastral map or cadastral measurements where the land use right certificate or residential house certificate does not contain a diagram
  • documents evidencing payment of land rentals, where appropriate.

If only the assets attached to the land are being mortgaged or are subject to a guarantee, a certificate of ownership of the assets is required to be registered with three copies of the mortgage or guarantee.

Inter-circular 03 sets out the procedures to be carried out by the registration body for:

  • registration of mortgages and guarantees
  • registration of changes to registered details of mortgages and guarantees
  • deregistration
  • registration of notices of disposal of assets
  • rectifying errors in registration
  • cancelling registration
  • providing information about registered mortgages or guarantees.


Counterfeit money
The issue of Decision No. 130/2003/QD-TTg by the Prime Minister on 30 June 2003 highlights the problem of an increasing number of forged Vietnamese dong (VND) banknotes in circulation in Vietnam.

Decision 130 lists the following acts as being prohibited:

  • providing, transporting, storing, circulating, buying and selling counterfeit money
  • defacing VND currency in any way
  • photocopying VND banknotes for any purpose without the prior written approval of the State Bank of Vietnam (SBV)
  • refusing to receive or circulate currency issued by the SBV.

All bodies, organisations and individuals have a duty to report the happening of one of the above prohibited acts to the nearest public security, border military authority or customs office. Counterfeit money must be handed over to one of those bodies or to the SBV.

The SBV is required to publish a notice in the mass media relating to the features and ways to distinguish VND from counterfeit money and, where necessary, the SBV is required to publish identifiable details of counterfeit money for better identification by the public.

If, after expert examination, any currency is determined to be counterfeit it is to be seized and all seized counterfeit money is to be transferred to the SBV for destruction.


Foreign participation in Vietnam's stock market
In the March/April 2003 issue of our newsletter, we indicated that the securities legislation currently restricts the total shareholdings of all foreigners in a listed company to 20 per cent of the issued shares, whereas the maximum holding that foreigners can have in an unlisted Vietnamese enterprise operating in certain sectors referred to in Decision No. 36/2003/QD-TTg dated 11 March 2003 of the Prime Minister is 30 per cent.

This anomaly has now been rectified by Decision No. 146/2003/QD-TTg dated 17 July 2003 of the Prime Minister, which provides that:

  • foreign organisations and individuals buying and selling shares in the Vietnamese securities market are allowed to hold a maximum of 30 per cent of the total issued shares of a listed company
  • the maximum capital proportion able to be contributed by a foreign securities trading company to a Vietnamese joint venture securities company or joint venture management company is 49 per cent of the authorised capital
  • foreign organisations and individuals can hold an unlimited number of bonds listed on the Vietnamese stock exchange.

Decision 146 becomes effective 15 days after it is published in the Official Gazette and replaces Decision No. 139/1999/QD-TTg dated 10 June 1999 of the Prime Minister.


Validity of economic contracts
In Vietnam a distinction is made between three types of contract: a civil contract, an economic contract and a commercial contract. The three types of contract are regulated by separate legislation: the Civil Code relates to civil contracts; the Ordinance on Economic Contracts (EC Ordinance) governs economic contracts; and the Commercial Law governs commercial contracts.

The Civil Code provides a general definition of a 'civil contract' as 'an agreement between the parties to establish, modify or terminate civil rights and/or obligations'. This definition is very general and to some extent it covers economic contracts and commercial contracts since the Civil Code does not clearly define civil rights and civil obligations.

There has always been a lively debate on whether a particular contract is an economic contract or a civil contract, although it would be reasonably correct to say that economic contracts govern business relationships whereas civil contracts are for consumer and personal transactions.

However, civil contracts may cover sale, lease, exchange, investment, insurance, mandate, technology transfer, borrowing, lending and secured transactions, and this has the effect of civil contract legislation overlapping some areas of the EC Ordinance. Differentiation between the two types of contract can often be impossible.

The validity of an economic contract and the authority to sign an economic contract are governed by Articles 8 and 9 of the EC Ordinance. Article 8.1(c) provides that an economic contract is wholly invalid if it is signed by a person who does not have authority to sign it. Article 9 provides that the signatory to an economic contract is the legal representative of an entity or the registered proprietor of a business. That signatory may authorise another person in writing to sign an economic contract on his behalf, but where that happens the attorney so authorised can only sign an economic contract within the limits of authorisation and cannot delegate his power to a third person.

Article 154 of the Civil Code provides that a civil transaction entered into and performed by an individual who is not authorised does not bind the principal unless the principal consents to be bound. If the principal does not consent, the unauthorised individual must perform the obligations with respect to the person with whom he or she has transacted, except where that person knew, or should have known, that the other individual was unauthorised.

Courts in Vietnam have come under some criticism over economic cases where the contract has been ruled invalid for the sole reason that it has been signed by an unauthorised person. Now by Resolution No. 04/2003/NQ-HDTP dated 27 May 2003, the Judges Council of the People's Supreme Court has provided that, in the spirit of Article 154 of the Civil Code, an economic contract will not be considered to be invalid if it is signed by a person who is not authorised to sign it and where, in the course of performance of the contract, it is approved by the person who had legal authority to sign it (competent person).

The approval of the competent person will be considered as being given if that person knew that the contract had been signed and does not oppose its signing.

The signing of an economic contract will be considered as having been known about and not opposed by the competent person if:

  • after the contract is signed, there are sufficient grounds to prove that the signatory had already reported the signing to the competent person
  • the competent person is made aware that the contract has been signed and is being performed
  • the competent person sees and authorises vouchers, invoices and other documents relating to the contract
  • the competent person takes actions that prove he has participated in exercising rights and obligations under the contract
  • the competent person directly receives and uses assets or profits earned from entering into and performing the contract.


Is commercial advertising culture?
In Decree No. 24/2000/ND-CP dated 31 July 2000, as amended by Decree No. 27/2003/ND-CP dated 19 March 2003, implementing the Law on Foreign Investment in Vietnam, there is an Appendix containing a list of sectors where foreign investment is only allowed in the form of the joint venture enterprise or a business cooperation contract, and one of those sectors is listed as 'culture'.

In all normal circumstances, 'culture' would be taken to relate to the arts, but for foreign investment and other purposes in Vietnam, it seems to be interpreted as being anything in respect of which the Ministry of Culture and Information (MOCI) has State management.

The MOCI's powers are now set out in Decree No. 63/2003/ND-CP dated 11 June 2003 and, under Article 1 of that Decree, the MOCI is the ministry in charge of culture and information including all matters relating to the arts, media, publishing and 'advertising'. The powers relating to advertising are expanded further in Article 13 of Decree 63 to include making submissions to the Government to issue regulations on the establishment, and operations of foreign advertising branches in Vietnam and managing advertising activities in accordance with the law. Foreign advertising branches are branches set up in Vietnam by foreign organisations or individuals conducting the business of providing advertising services.

So, exactly what are 'advertising activities'? Under the Ordinance on Advertising, they seem to be the business of providing advertising services and the issuing of advertisements. Advertising itself is defined in the Ordinance as 'the introduction to consumers of business activities, goods and services, including both for profit and not-for-profit services'. The issuing of advertisements seems to extend to the bringing of advertising products to, or to the attention of, consumers by organisations and individuals, including press agencies; publishers; organisations managing computer networks; and organisers of cultural and sporting programs, fairs and exhibitions.

Circular No. 43/2003/TT-BVHTT dated 16 July 2003 (Circular 43) goes further when it refers to an advertising period as a fixed period of time where the start and finish of the period are clearly defined and including the period of time when a trade fair or exhibition lasts.

What is interesting however is that there is another Decree of the Government, Decree No. 32/1999/ND-CP dated 5 May 1999, which implements the provisions of the Commercial Law relating to sales promotions, commercial advertising, commercial (or trade) fairs and exhibitions.

Under Decree 32, the Ministry of Trade (MOT) is responsible for the State management of commercial advertising activities which are defined in the Commercial Law to be commercial acts conducted by business entities aimed at introducing goods and services for promotion purposes. The role of the MOCI in commercial advertising is limited to coordinating with relevant bodies to draft and to issue, or to submit to the Government to issue, legislation relating to commercial advertising products and means of commercial advertising and their use. However, the same Decree shows one of the MOT's powers of State management as being to draft and issue, or to submit to the Government to issue, legislation relating to commercial advertising.

This overlapping and contradiction relating to the powers of the MOCI and the MOT has resulted in a failure on the part of the two ministries to issue a circular or a joint inter-circular on commercial advertising. This in turn makes it difficult for the MPI, which is responsible for dealing with foreign investment applications, to decide whether or not matters that are clearly of a commercial advertising nature, such as trade fairs and exhibitions, fall within the culture sector or the commercial sector. Until this issue is resolved, the MPI is taking the very narrow view that commercial advertising is culture!
Advertising licences
Circular 43 is an example of bureaucracy gone mad. As with all legislation with which the MOCI is concerned, a licence is required for almost every activity. The MOCI seems determined to retain a very tight control over all forms of information. As we reported in the October/November 2002 and November/December 2002 issues of our newsletter, the MOCI has imposed restrictions on websites, newsletters and news bulletins, and Circular 43 is one more example of where unnecessary limits are being placed on legitimate commercial activities.
A licence or a permit from the MOCI is required for:

  • a newspaper to publish additional advertising pages or an advertising supplement where more than 10 per cent of the area of the newspaper is taken up with advertisements
  • a television or broadcasting station to broadcast on a separate advertising channel where it wants to exceed the limit of five per cent of broadcasting time for advertisements
  • advertising on boards, signboards, panels, screens, banners, luminescent objects, aerial and other objects and advertising hung, posted, displayed or stuck on vehicles
  • advertising on specialised vehicles such as mobile cranes: in addition to an advertising licence, the colour of the advertisement should not have the effect of changing more than 50 per cent of the original colour of the vehicle
  • advertising displayed on a container attached to a motorbike where the area of one side is more than 0.5 square metres
  • advertising on computer communications networks.

Circular 43 details the relevant State bodies in charge of issuing licences, the procedures and documents required for the issue of an advertising licence and provisions relating to State management of advertising activities.

It should also be noted that:

  • tobacco advertising is prohibited in any manner
  • advertisements relating to sanitary napkins, toilet paper, condoms, skin disease medicines and other similar products are not allowed to be shown on television or broadcast between the hours of 18.00 and 20.00 daily
  • alcohol of more than 15° proof can only be advertised in the geographical area in which the manufacturer operates and in the premises of bottle shops and agencies but no one outside the geographical area, bottle shop or agency must be able to read, hear or see the advertisement!


Legislation
The following important pieces of legislation have been issued over the last few weeks:

Decrees

  • Decree No. 74/2003/ND-CP dated 26 June 2003 providing for penalties for administrative violations in the power sector (effective from 27 July 2003).
  • Decree No. 77/2003/ND-CP dated 1 July 2003 providing for the functions, powers, duties and organisational structure of the Ministry of Finance (MOF).
  • Decree No. 78/2003/ND-CP dated 1 July 2003 issuing the list of goods and Vietnamese tax rates for implementing the agreement on the Common Effective Preferential Tariff (CEPT) Scheme for ASEAN countries for the 2003-2006 period (Decree 78).
  • Decree No. 81/2003/ND-CP dated 17 July 2003 making detailed provisions and providing guidelines for implementing provisions of the Labour Code relating to Vietnamese employees working overseas.
  • Decree No. 85/2003/ND-CP dated 18 July 2003 providing for the functions, powers, duties and organisational structure of the Ministry of Education and Training.
  • Decree No. 86/2003/ND-CP dated 18 July 2003 providing for the functions, powers, duties and organisational structure of the Ministry of Agriculture and Rural Development.
  • Decree No. 87/2003/ND-CP dated 22 July 2003 on practising in Vietnam by foreign law firms and foreign lawyers.

Decisions

  • Decision No. 127/2003/QD-TTg dated 25 June 2003 of the Prime Minister (PM) approving the master plan for rearranging and renovating State owned enterprises (SOEs) belonging to the Ministry of Natural Resources and the Environment (MNRE) in the 2003-2005 period.
  • Decision No. 128/2003/QD-TTg dated 26 June 2003 of the PM approving the master plan for re-arranging and renovating SOEs belonging to the Ho Chi Minh City People's Committee in the 2003-2005 period.
  • Decision No. 18/2003/QD-BXD dated 27 June 2003 of the Ministry of Construction (MOC) issuing regulations on managing the quality of construction work.
  • Decision No. 130/2003/QD-TTg dated 30 June 2003 of the PM on protecting the Vietnamese currency, preventing and combating the counterfeiting, retention, transporting and circulation of counterfeit money and defacing of the Vietnamese currency (reported in this issue).
  • Decision No. 1891/2003/QD-BGTVT dated 1 July 2003 of the Ministry of Transport and Communications providing for the functions, powers, duties and organisational structure of the Vietnam Railway Union.
  • Decision No. 19/2003/QD-BXD dated 3 July 2003 of the MOC issuing regulations on the capacity related conditions for construction activities.
  • Decision No. 146/2003/QD-TTg dated 17 July 2003 of the PM on the percentage up to which foreign parties may participate in the Vietnamese securities market (reported in this issue).

Circulars

  • Circular No. 08/2003/TT-BCA dated 12 May 2003 of the Ministry of Public Security providing guidelines for specimen seals, organisations engraving seals, and inspecting the preservation and use of seals by organisations and agencies under Decree No. 58/2001/ND-CP dated 24 August 2001 on managing and using seals.
  • Circular No. 64/2003/TT-BTC dated 1 July 2003 of the MOF providing guidelines for implementing Decree 78 on the list of goods and Vietnamese tax rates for implementing the agreement on the CEPT Scheme for ASEAN countries for the 2003-2006 period.
  • Circular No. 08/2003/TT-BXD dated 9 July 2003 of the MOC providing guidelines for the contents of, and managing, a master contract for engineering, procurement of materials and supplies and construction (EPC) (reported in this issue).
  • Circular No. 43/2003/TT-BVHTT dated 16 July 2003 of the Ministry of Culture and Information providing guidelines for implementing Decree No. 24/2003/ND-CP dated 13 March 2003 making detailed provisions for implementing the Ordinance on Advertising (reported in this issue).

Others

  • Resolution No. 04/2003/NQ-HDTP dated 27 May 2003 of the Judge's Council of the People's Supreme Court providing guidelines on the application of certain legal provisions to the settlement of economic cases (reported in this issue).
  • Inter-circular No. 03/2003/TTLT-BTP-BTNMT dated 4 July 2003 of the Ministry of Justice and the MNRE providing guidelines for the procedures and order for registering, and providing information about, mortgages and guarantees by way of land use rights and/or assets attached to land (reported in this issue).
  • Notice No. 101/TB-VPCP dated 9 July 2003 of the Government Office on the conclusions of Deputy Prime Minister Nguyen Tan Dung on implementing the power plant project of Formosa Co Ltd.
  • Official Letter No. 3489/VPCP-CN dated 16 July 2003 of the Government Office on power source projects to be commenced in 2003 and 2004.

This newsletter provides a summary only of the subject matter covered, without the assumption of a duty of care by Freehills. The summary is not intended to be nor should it be relied upon as a substitute for legal or other professional advice.
Copyright in this newsletter is owned by Freehills.

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This article is part of a series: Click Legal Update August/September 2003 for the previous article.
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Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions