Decree No. 80 2015 ND-CP guiding for the Law on Legal Aid

[...]... Center for National Security Law Formerly he served as a United States Ambassador for the Law of the Sea Negotiations, Deputy Special Representative of the President for the Law of the Sea Negotiations, and Chairman of the National Security Council Interagency Task Force on Law of the Sea and head of D/LOS, the Department of State/National Security Council Office coordinating law of the sea policy for the. .. under the auspices of the University of Virginia’s Center for Oceans Law and Policy Virginia also maintains one of the largest collections of oceans law materials in the world, as well as what is believed to be the only oceans law archive in the world Definitions for the Law of the Sea, reflecting the work of the International Law Association (American Branch) Law of the Sea Committee in providing definitions. .. reputation The law of the sea community owes him a debt of gratitude for this important work There is yet another reason why it is a special pleasure for me to recognize this important new contribution to law of the sea scholarship and the outstanding work of Professor Walker For Professor Walker, the force behind this splendid addition to the law of the sea, was one of the outstanding Master of Laws3 graduates... Conventions for Citations 2 chapter i Ocean Affairs and the Law of the Sea of the UN Office of Legal Affairs for comment and expresses appreciation for comments received from these sources Drafts also appeared in the Proceedings of the American Branch and in articles published in the California Western International Law Journal available in print and on line format.6 Other reviews, e.g., the Journal of Maritime... Alex G Oude Elferink of the Netherlands Institute for the Law of the Sea and the University of Utrecht was also most helpful in providing comments and suggestions for definitions Dr Ibne Hassan made detailed comments on many terms The chair also sent copies of Committee research drafts to others in the United States and around the world, including the Division for 4 ╇Part I begins the Report as published... Affairs in the United Nations Office of Legal Affairs Particular thanks for this outstanding book are due J Ashley Roach who, Công ty Luật Minh Gia www.luatminhgia.com.vn THE GOVERNMENT Decree No 80/2015/ND-CP dated September 17, 2015 of the Government amending the Decree No 14/2013/ND-CP dated February 05, 2013 of the Government amending the Decree No 07/2007/ND-CP dated January 12, 2007 of the Government guiding for the Law on Legal Aid Pursuant to the Law on Government organization dated December 25, 2001; Pursuant to the Law on legal aid dated June 29, 2006; At the request of the Minister of Justice, The Government promulgates a Decree on amendments to Decree No 14/2013/ND-CP dated February 5, 2013 of the Government on amendments to Decree no 07/2007/ND-CP dated January 12, 2007 of the Government on guidelines for the Law on legal aid Article To amend and a number of Articles of the Decree No 14/2013/ND-CP dated February 5, 2013 of the Government on amendments to Decree no 07/2007/ND-CP dated January 12, 2007 of the Government on guidelines for the Law on legal aid: To amend Clause Article as follows: “1 A person who has obtained a Bachelor’s Degree in law, has graduated in lawyer training course, has worked for a legal aid center of the State, and has participated in a refresher course in legal aid shall be issued a certificate of eligibility for legal aid by the Academy of Justice of the Ministry of Justice if he/she is qualified A person who used to work as a lawyer or is not required to participate in a training course in lawyer as prescribed in the Law on lawyer, has worked for a legal aid center of the State, and has participated in a refresher course in legal aid shall be issued a certificate of eligibility for legal aid by the Academy of Justice of the Ministry of Justice if he/she is qualified The Minister of Justice shall provide guidelines for program and duration of refresher courses in legal aid services for legal aid providers; and issuance of Regulation on organization, examination and issuance of certificates of refresher courses in legal aid.” To amend Clause Article as follows: “Article 25 Legal aid providers LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn “Legal aid providers hold positions as public employees under regulations “The Minister of Internal Affairs shall promulgate list, codes and ranks of legal aid providers “The Minister of Justice shall promulgate professional criteria for legal aid providers with consent of the Minister of Internal Affairs.” To amend Clause Article as follows: “1 Legal aid providers have their salaries graded and paid according to the salary scale applicable to public employees under regulations Each legal aid provider is entitled to a professional responsibility-based allowance equal to 25% of their current salary, leadership allowance and extraseniority allowance (if any) When participating in legal proceedings, each legal aid provider is entitled to a case-based allowance equal to 40% of the remuneration level applicable to a lawyer providing legal aid as required by the State as prescribed in Clause of this Article When providing extrajudicial representation or reconciliation, each legal aid provider is entitled to a casebased allowance equal to 20% of the remuneration level applicable to a lawyer providing legal aid as required by the State.” To amend Clause 12 Article as follows: “2 Collaborators enjoy case-based remuneration calculated according to the number of hours of providing legal counseling and other legal aid services Working session-based remuneration (a half of a working day) is paid to collaborators who provide legal aid through participating in legal proceedings or extrajudicial representation The level of case-based remuneration for collaborators and lawyers providing legal aid as required by the State is set on the basis of the quality of legal aid provided, the time of providing legal aid, the complexity of the legal aid case, and the form and result of legal aid If legal aid is provided in the form of participation in legal proceedings, the remuneration level for the lawyer providing legal aid as required is equal to VND 500,000 for a working session or a fixed amount for a case of between months’ basic salary and 10 months’ basic salary (on case-by-case basis) The Ministry of Justice shall provide guidelines for nature and contents of the case, calculation of session and time for determination of payment of fixed amount or remuneration level for lawyer according to their working sessions or working time LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn The time of providing legal aid covers the time of studying the dossier of the case and preparing documents in service of the provision of legal aid, the time of meeting legal aid beneficiaries or their relatives, the time of verifying the legal aid case and the time of working at agencies and organizations related to the legal aid case The working time of a collaborator or a lawyer is the working time certified by related ...  Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com i DECREE 102-2010-ND-CP PROVIDING DETAILED GUIDELINES FOR IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON ENTERP RISES TABLE OF CONTENTS Article 1 Governing scope 1 Article 2 Applicable entities 1 Article 3 Applicability of the Law on Enterprises, international treaties and relevant laws 2 Article 4 Party and mass organizations within an enterprise 2 Article 5 Capital contribution using intellectual property rights 3 Article 6 Charter capital of company and number of shares which a shareholding company has the right to issue 3 Article 7 Prohibited lines of business 3 Article 8 Conditional lines of business and business conditions 4 Article 9 Lines of business which require a practising certificate 5 Article 10 Lines of business which require legal capital 6 Article 11 Right to business registration and to carry out business activities 6 Article 12 Right to establish enterprises 7 Article 13 Right to contribute capital and to purchase shareholding 7 Article 14 Prohibition on State bodies and units of the people’s armed forces using State capital and assets to contribute capital, purchase shareholding and establish enterprises in order to earn private profit 8 Article 15 Supplementary guidelines on director (general director) and members of board of management 9 Article 16 Authorization of legal representative of enterprise 10 Article 17 Establishment of branches and representative offices of enterprises with foreign owned capital 11 Article 18 Implementation of a capital contribution in, and rights and obligations related to capital contribution in a multiple member limited liability company 11 Article 19 Right of members to institute legal proceedings against chairman of members' council and director (general director) 12 Article 20 Supplementary guidelines on a number of rights and obligations of members of a limited liability company 13 Article 21 Signature of members or their representatives on minutes of meetings of members' council 13 Article 22 Number of authorized representatives who may participate in members’ council or attend general meeting of shareholders 13 Article 23 Founding shareholders 14 Article 24 Offer of shares for sale 15 Article 25 Right to institute legal proceedings against members of board of management and director (general director) 16 Article 26 Some issues relating to general meeting of shareholders 17 Article 27 Effectiveness of resolutions and decisions of the general meeting of shareholders, of the members’ council and of the board of management 17 Article 28 Disclosure of related persons and their transactions with company 17 Article 29 Method of cumulative voting 18 Article 30 Supplementary guidelines on meetings of board of management 19 Article 31 Conversion of a single member limited liability company into a multiple member limited liability company 19 Article 32 Conversion of shareholding company or multiple member limited liability company into single member limited liability company 20  Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com ii Article 33 Conversion of a limited liability company into a shareholding company 20 Article 34 Basic contents of an application [...]... expansive view of the scope of the war cannot, however, coexist with a long-duration war that lasts for generations Rather, we must end the war in years, not decades Ending the war means winning the war Given the nature of Al Qaeda and related groups, the only end for the war is to put out of business all such terrorist organizations of global reach Is this a big job? Yes Is it impossible? No Few terrorists... assess the costs and divide them fairly among ourselves, the sooner we can mobilize the country’s full resources Introduction 5 for the war The price is not beyond reach; it will take a smaller fraction of the national economy than past wars have claimed We will have to dig deep in our pockets, but in the end we can afford the price of this war What we cannot afford is to stay in denial about the real price. .. terrorism is like rain to the Wicked Witch of the West, something that can melt us Preventing the destruction of our cities must be the central purpose of the War on Terror and, indeed, of the nation itself In this sense, President Bush’s rhetoric about the nature of the war is not too expansive He thinks of the War on Terror as a unified effort that will continue for years and span many “fronts” and countries... capital in war zones (e.g., New York) Additional costs to business and local government in wartime Effects of rising national debt Compounding of budget shortfalls War- induced inflation The Real Price of War The even larger box within which the government’s war- re­ lated spending is nested I call the real price of war. ” It in­ cludes—in addition to the government’s war- related spend­ ing the disruption and... So the bottom line is that future terrorist 22 What Does War Cost? attacks will ultimately be added to your bill for government war- related spending Negative Economics The entire cost-benefit analysis of the War on Terror, and of war in general, rests on a negative kind of economics The “benefits” consist of a reduction in losses We incur the costs of military forces and operations in order to reduce the. .. substitute for policy The Real Price of War makes three central arguments First, the war is more expensive than you thought, especially if you include Available online at http://ccforum.com/content/9/2/E4 Evidence-Based Medicine Journal Club EBM Journal Club Section Editor: Eric B. Milbrandt, MD, MPH Journal club critique No sampling technique was superior for the diagnosis of ventilator- associated pneumonia Deanna Blisard, 1 Eric B. Milbrandt, 2 and Samuel A. Tisherman 3 1 Clinical Fellow, Department of Critical Care Medicine, University of Pittsburgh School of Medicine, Pittsburgh, Pennsylvania, USA 2 Assistant Professor, Department of Critical Care Medicine, University of Pittsburgh School of Medicine, Pittsburgh, Pennsylvania, USA 3 Associate Professor, Departments of Surgery and Critical Care Medicine, University of Pittsburgh School of Medicine, Pittsburgh, Pennsylvania, USA Published online: 14 February 2005 This article is online at http://ccforum.com/content/9/2/E4 © 2005 BioMed Central Ltd Critical Care 2005, 9: E4 (DOI 10.1186/cc3491) Expanded Abstract Citation Wood AY, Davit AJ 2nd, Ciraulo DL, Arp NW, Richart CM, Maxwell RA, Barker DE: A prospective assessment of diagnostic efficacy of blind protective bronchial brushings compared to bronchoscope-assisted lavage, bronchoscope- directed brushings, and blind endotracheal aspirates in ventilator-associated pneumonia. J Trauma 2003, 55:825- 834. 1 Background The diagnosis of ventilator-associated pneumonia (VAP) has proven to be a challenging task. Studies comparing invasive and non-invasive diagnostic approaches are lacking. Hypothesis The use of a blind protected brush is equivalent to bronchoscope-directed techniques in determining the microbiology of VAP, while endotracheal aspirates are contaminated with oropharyngeal flora and of little value. Methods Design: Single center, prospective cohort study. Setting: Level 1 trauma center at an academic medical center. Subjects: Ninety trauma patients who were mechanically ventilated for at least 48 hours and deemed to have clinical indications suggestive of pneumonia (new infiltrate on chest radiograph, excessive or purulent respiratory secretions, suspected aspiration, fever (>38.2° C), leukocytosis (>12,000/mm 3 ), or respiratory distress of unknown cause). Intervention: Four samplings were performed on each patient in the following order: blind protected brush (BPB), bronchoscopic-directed protected brush (BDPB), bronchoalveolar lavage (BAL), and endotracheal aspirates (ETA). Procedures were performed from least to greatest degree of invasiveness to avoid contamination of lower airways, except for ETA. Measurements: With patients serving as their own controls, quantitative cultures were obtained using each sampling technique. BDPB and BAL were set as the "gold standards" for comparison against each other and with BPB and ETA. Kappa analysis was used to measure the strength of agreement between techniques. Results were stratified by type of organism. Results BPB had the highest strength of agreement with both BAL and BDPB (κ=0.547 and κ=0.467, respectively). The strength of agreement between techniques was moderate to good for gram-negative cocci and fair to poor for gram- negative rods and gram-positive cocci. Comparing the growth of specific pathogens, Haemophilus, Klebsiella, Escherichia, Acinetobacter, and Streptococcus correlated well across the majority of techniques, while Enterobacter agreement was consistently poor to fair. Using BDPB as the gold standard, BPB was found to have the highest sensitivity (91.1%) and specificity (89.8%). Sensitivities overall were higher when using BAL as the gold standard across all modalities. Kappa analysis comparing blind samples obtained from the same vs. the opposite side of the radiographic infiltrate found no differences between sides. Conclusion A quantitative analysis of bacteriologic cultures obtained by four standard sampling techniques demonstrated with statistical significance that no difference exists GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 158/2016/ND-CP Hanoi, November 29, 2016 DECREE ON GUIDELINES FOR THE LAW ON MINERAL Pursuant to the Law on Government organization dated June 19, 2015; Pursuant to the Law on Mineral dated November 17, 2010; At the proposal of the Minister of Natural Resources and Environment; The Government promulgates a Decree on guidelines for the Law on Mineral Chapter I GENERAL PROVISIONS Article Scope This Decree provides guidelines for the Law on Mineral No 60/2010/QH12 on reimbursement of costs of geological baseline survey of mineral, costs of mineral exploration; periodical reports on mineral activities; mine managers; certification of owner’s equity; mineral planning; geological baseline survey of mineral; protection of interests of localities and inhabitants in the places where minerals are extracted, protection of minerals not been extracted; mineral areas and regulations on mineral activities; procedures for mineral operation licenses, approval for mineral deposits and mine closure This Decree amends Clause of Article 3, Clause of Article 6, Point b Clause of Article 16; amends Clause Article 15 of Decree No 22/2012/ND-CP dated March 26, 2012 of the Government on auction of mining rights; amends Clause of Article 3, Article 4, Article 5, Clause of Article 6, Article of Decree No 203/2013/ND-CP dated November 28, 2013 of the Government on calculation method and charge for granting the mineral mining rights Article Interpretation of terms For the purposes in this Decree, the terms below are construed as follows: Toxic mineral is a type of minerals containing one of the following elements: mercury, arsenic, uranium, and thorium, asbestos that when extracted and used can release into the environment the radioactive or toxic substances that exceed the level of Vietnamese technical standard Minerals accompanied is another type of minerals that is located in the mining areas, recoverable from extraction of main minerals as specified in licenses for mineral extraction, including other minerals in the waste dump of operating mines appeared at the time which the extraction and use of those minerals brings economic efficiency Crude minerals are products of mineral resources, extracted, no longer in its natural state, but not through beating, crushing, screening, grading or other activities to enhance their value after mining Mine capital construction is works being determined in a project for investment and design of mines, including: Construction of works (buildings, warehouses, wharves, etc.) used for the purposes of extraction; construction of transport routes to connect the mining areas and transport system of vicinity; preparation of initial premises for mineral extraction Mine manager is a person whose qualification satisfies the requirements prescribed in Clause Article 62 of the Law on Mineral and he is appointed by an entity entitled to mineral extraction, or is a person entitled to extraction or the head of an organization entitled to extraction Deposits equivalent to charges for granting mineral extraction right are mineral deposits that are ... set on the basis of the quality of legal aid provided, the time of providing legal aid, the complexity of the legal aid case, and the form and result of legal aid If legal aid is provided in the. .. in the form of participation in legal proceedings, the remuneration level for the lawyer providing legal aid as required is equal to VND 500,000 for a working session or a fixed amount for a case... www.luatminhgia.com.vn The time of providing legal aid covers the time of studying the dossier of the case and preparing documents in service of the provision of legal aid, the time of meeting legal aid beneficiaries