Legal Document Updates in English (02/2013)

EXTERNAL RELATION’S  AGENCIES ALLOWED TO RETAIN 10%
COLLECTED FEE AMOUNTS
 

On January 02, 2013, the Ministry of Finance issued the Circular No. 01/2013/TT-BTC amending and supplementing the Circular No. 36/2004/TT-BTC, of April 26, 2004 of the Ministry of Finance prescribing the regime of collection, remittance and management of use of consular legalization and certification fees.

Under this Circular, the Ministry of Finance amended the regulation on of use of consular legalization and certification fees at the agencies collecting consular legalization, certification fees. Specifically, for dossiers applying for consular legalization and certification submitted at the Ministry of Foreign Affairs”, the agency collecting consular legalization, certification fees shall be allowed to retain 30% of the collected fee amounts before remitting the remainder into the State budget for spending on the fee collection at the Ministry of Foreign Affairs. For dossiers applying for consular legalization and certification submitted at the Departments of External Relations of central-affiliated cities and provinces, the agencies collecting fees shall be allowed to retain 20% of the collected fee amounts, transfer for

FROM JANUARY 01, 2013, INCREASING THE ROAD TOLL AT BOT TOLL STATIONS
 

This is regulated under the Circular No. 233/2012/TT-BTC  of the Ministry of Finance dated December 28, 2012 on stipulating the levels of collection, regimes of road toll collection, remittance, management and use of BOT toll stations and stations transferring right of toll collection.

Under this Circular, from January 01, 2013, the Ministry of Finance regulated the levels of collection, regimes of toll collection, remittance, management and use of BOT toll stations transferring right of toll collection (including: toll station Number 2, Nam Cau Gie, Hoang Mai and Ban Thach toll stations on the national road 1), and toll stations of assistance in BOT payback (including: 02 toll stations on the National road 5, Tien Cuu toll station on the National road 10, Pha Lai toll station on the National road 18 and Ninh An toll station on the national road 1).

Specifically, road toll levels at BOT toll stations and stations transferring right of toll collection are regulated as follows: for vehicles of under 12 seats, trucks of a tonnage of under 2 tons and mass transit buses, the fee is 10,000 VND/ticket/trip

REGULATING CONSTRAINTS AND SUPPLEMENTS OF
IMPORTED GOODS ITEMS
 

On December 27, 2012, the Ministry of Industry and Trade issued the Circular No. 42/2012/TT-BCT stipulating the list of goods produced in bordering countries and imported into the Socialist Republic of Vietnam in the form of purchase, sale and exchange of goods among border inhabitants.
This Circular regulated on constraints and supplements of goods items when necessary. Specifically, in case of assurance for food safety, prevention of epidemics across the border or national foods security, the Minister of Industry and Trade shall, after reaching agreement with members of The Steering Committee of border trade, issue decision to not allow border residents to import some of goods items in the List of goods.Besides, in case of production impulse or provision of goods which are essential for daily life of border residents or due to influences of epidemics, natural disaster, border residents will be allowed to import and enjoy norm of import tax exemption for some of goods items apart from this List of goods.

MEDICAL DECLARATION CAN BE IMPLEMENTED BEFORE PROCEDURES
OF ENTRY, EXIT AND TRANSIT
 

On December 24, 2012, the Ministry of Health issued the Circular No. 32/2012/TT-BYT regulating on medical declaration for people upon entry, exit and transit at Vietnamese border gate.

Under this Circular, people upon entry, exit and transit at Vietnamese border gate must implement the medical declaration under the contents in the medical declaration form upon coming to Vietnamese border gate for making procedures of entry, exit and transit or before but not earlier than 07 days under 4 forms: receiving medical declaration form on aircraft, boat, shipping agent, travel company or tour guide in the country and abroad; Receiving medical declaration form in the area for medical declaration at Vietnamese border gates; Receiving medical declaration form at the exit country’s border gates; Accessing the website of the Department of Preventive Medicine, Ministry of Medical of Vietnam at http://ytdp.cimsi.org.vn, Click the border medical quarantine for medical declaration form.

LIST OF DANGEROUS INDUSTRIAL GOODS WITH PACKAGING
IN  TRANSPORTATION
 

On December 28, 2012, the Ministry of Industry and Trade issued the Circular No. 44/2012/TT-BCT regulating list of dangerous industrial goods with packaging required during transportation and transportation of dangerous industrial goods motor transport by roadway, railway and inland waterway motor vehicles.

Besides, the list of dangerous industrial goods with packaging required during transportation, this Circular also regulated on requirement on packaging, containing means for dangerous industrial goods, emergency responses and safety engineering training in transportation of dangerous industrial goods by roadway, railway and inland waterway motor vehicles.

Accordingly, the Circular requested containing means of hazardous industrial goods upon transportation must be fully danger symbol and sign. Specifically, for inner packaging upon transportation without outer packaging or intermediary containing means, the danger symbol and sign must be shown on the un-obscured side of the inner packaging; for combination packaging not being opened during loading, unloading and transportation, the danger symbol and sign must be shown at least

REGULATIONS FOR RESIDENCE REGISTRATION IN THE CAPITAL
 

On November 21, 2012, the National Assembly approved the Law on the Capital No. 25/2012/QH13. Of which, one of the notable content is regulation on conditions being eligible for the registration of residence in the capital.

Under this Law, the cases that have temporarily resided in the urban areas for at least 3 years, owned or rented houses in urban areas of organizations and individuals that have applied for housing business registration; for houses for lease are eligible for the registration of residence in urban areas. Besides, this Law still keeps the same regulations on the Law of the registration of permanent resident such as: Obtaining the consent of persons who possess household registration books to have their names entered in such books; Being transferred or recruited to work in agencies or organizations, who are salaried from the state budget or under labor contracts with an unspecified term and have lawful domiciles; Having

INSPECTING FOOD SAFETY AND QUALITY DURING FOOD PRODUCTION
 

On December 28, 2012, the Ministry of Trade and Industry issued the Circular No. 45/2012/TT-BCT on the inspection of food safety and quality during the production of foods under the management of the Ministry of Industry and Trade.
Accordingly, products under the inspection of food safety and quality during the production of food include: Beer, wine, and soft drink; Processed milk; Vegetable oil; Powder and starch; Confectioner; Packages of these products.The inspection of food safety and quality must be implemented under 2 forms: period inspection and irregular inspection. For period inspection, the inspection plan must be determined the inspected products, the number of inspected factories, and the inspection content and do not inspect a factory more than once a year.

SAMPLES BE TAKEN IN THE CORRESPONDING TECHNICAL REGULATIONS
AND STANDARDS
 

On December 12, 2012, the Ministry of Science and Technology issued the Circular No. 26/2012/TT-BKHCN on the state inspection of quality of goods in circulation.

Under this Circular, the samples shall be taken in accordance with the sampling methods in the corresponding technical regulations and standards. In the absence of the regulations on the sampling method, the samples shall be taken randomly and adequately for testing. The samples are divided into two units. One unit shall be tested; one unit shall be kept at the inspecting agency. The Inspectorate shall specify the period of keeping samples at the inspecting agency depending on the goods and their expiration date. This period must not exceed 90 days.

NOTARIES ONLY DO THEIR ASSIGNED JOBS
 

On December 28, 2012, the Ministry of Industry and Trade issued the Circular No. 44/2012/TT-BCT regulating list of dangerous industrial goods with packaging required This is one of the contents regulated under the Decree No. 04/2013/ND-CP of the Government dated January 07, 2013 detailing and guiding the implementation of a number of articles of the Law on Notarization.

Under this Decree, notaries only do their assigned jobs; do not concurrently take other jobs, do not concurrently hold the judicial titles such as lawyers, auctioneers, arbitrators, bailiffs, or other judicial titles. The Decree also pointed out clearly that when a lawyer appointed as a notary applies for the establishment of a private notary office, or registers the partnership with a private notary office, or signs a labor contract with a private notary office, the President of the bar association must certify the resignation of that lawyer from the bar association, and provide the papers proving the resignation of that lawyer.
Besides, the Government requested the practicing notaries are responsible for attending the annual training courses; the shortest training duration is 03 days.