Legal Document Updates in English (03/2011)

 REDUCE 3 (THREE) BOOK IMPORT CONDITIONS
 

On November 09, 2010, Government issued the Decree No. 110/2010/ND-CP amending and supplementing a number of Articles of the Government's Decree No. 111/2005/ND-CP dated August 26, 2005, detailing and guiding a number of Articles of the Publication Law, which is amended and supplemented under the Government's Decree No. 11/2009/ND-CP dated February 10, 2009

Amends in registration of commercial publication import in Article 18 are the most prominent points: the new Decree requires dossiers, order and mode of registration of commercial publication import are as follows:  a dossier is made in 1 (one) set, comprising a written registration of publication import and 3 (three) lists of imported publications, made according to a set form; the publication importer submits 1 (one) dossier by post or delivery service or directly to the Publication Department. When the Publication Department's guidance on online registration of publication import is available, the publication importer may make online registration; when there is a change in a list of imported publications whose registration has been certified, the publication importer shall report in writing on such change and concurrently register the new information (if any) with the Publication Department for certification of additional registration.

Besides, the Decree 110 only regulates 3 conditions form obtaining a commercial publication import permit (instead of 6 conditions as in old regulations), including: possessing a business registration certificate or investment certificate under the law on enterprises or investment; the head of the business resides in Vietnam; holds a tertiary degree in publication distribution or possesses a certificate of professional training in publication distribution granted by a competent Vietnamese agency if he/she holds a tertiary degree in another discipline; for commercial book import, in addition to satisfying the conditions specified at Points a and b of this Clause, having at least 5 (five) book evaluators who have worked in publication for at least 5 (five) years,
Therefore, compared to current regulations in the Decree No. 11/2009/ND-CP dated February 10, 2009. there are three reduced conditions such as: having at least seven book content evaluation collaborators working under job-based labor contracts; these collaborators must possess a university or higher degree in a foreign language and relevant professional knowledge and skills of evaluating imported books; having an office and business venue of at least 100 square meters; having owner capital of at least VND 5 billion."

INCREASING MEASURES TO VALORIZE PRICES AND STABILIZE MARKETS IN THE LAST MONTHS OF 2010
 

On November 09, 2010, Government issued the Resolution No. 44/NQ-CP on the Regular Government Meeting of October 2010.

Within that, The Government agrees that the socio­economic situation of October and the first 10 months of the year continue to develop positively. The economy recorded a relatively high growth. The macro economy was further improved and the major economic balances basically assured; budget revenues were fairly high, meeting in time spending needs and reducing deficit; development investment was further accelerated and funds were disbursed positively; exports highly increased and trade deficit further decreased. Industrial production, agriculture and services all grew relatively high. Social security continued to be assured; culture, information, education, healthcare science and technology and environmental protection received due attention and achieved positive results. The 1,000th anniversary of Thang Long-Hanoi was successfully organized, creating an atmosphere of enthusiasm and pride nationwide. External relation activities recorded important achievements, with the country properly fulfilling the role of ASEAN presidency and enjoying a higher status and prestige in the international arena. Administrative reforms, settlement of complaints and denunciations and anti-corruption work continued to be promoted and progressed. The political and social situation continued to be stable, national defense firmly maintained and social order and safety assured.

Nevertheless, the economy is facing many difficulties and challenges: natural disasters and floods in the central region inflicted great damage in human lives and property, and continue to be complicated and unpredictable; epidemics are at risk of widespread transmission to affect production and people's life; the shortage of electricity was not yet basically addressed; the world market prices fluctuate in a complicated manner, thus influencing foreign exchange rates; market prices tend to increase and put pressure on inflation in the last months of 2010.

In the last two months of 2010, the Government requests ministries, branches and localities to closely monitor complicated developments of the world market situation, propose appropriate and timely policies and solutions; continue to direct the drastic implementation of the solutions set forth in the Government's Resolution No. 03/NQ-CP of January 15, 2010, Resolution No. 18/NQ-CP of April 6, 2010 and other resolutions, and in the Prime Minister's Directive No. 1875/CT-TTg of October 11, 2010, on increasing measures to valorize prices and stabilize markets in the last months of 2010.

The State Bank of Vietnam shall continue implementing monetary policy in a proactive and flexible manner in response to market signals and in accordance with the objectives of enhancing macroeconomic stability and curbing inflation and with the growth objective; stabilizing exchange rates and foreign currency markets to ensure supply of sufficient foreign currencies for necessary production and business requirements of businesses.

GOLD IMPORT DUTY RATE IS 0%
 

On November 12, 2010, the Ministry of Finance issued the Circular No. 182/2010/ND-CP adjusting preferential import duty rates applicable to gold in the preferential import tariff

Accordingly, the Circular adjusts preferential import duty rates applicable to gold under Heading 7108 in Annex II on the duty rate list of the Preferential Import Tariff according to the list of dutiable commodities attached to the Ministry of Finance's Circular No. 216/2009/TT-BTC of November 12, 2009, into new import duty rates on the list attached to this Circular.

Preferential import duty rates applicable to gold (including gold plated with platinum) unwrought or in semi-manufactured form, or in powder form is 0% instead of 1% as previously regulated in the Circular No. 216/2009/TT-BTC.

This Circular takes effect on the date of its signing.

 
FEES FOR OPERATIONS OF FOREIGN SCIENCE AND TECHNOLOGY ORGANIZATIONS IN VIETNAM
 

On October 27, 2010, the Ministry of Finance issued the Circular No. 166/2010/TT-BTC guiding the rates and the collection, remittance, management and use of charges for evaluation of conditions for scientific and technological activities and fees for grant of licenses for establishment of Vietnam-based representative offices and branches of foreign science and technology organizations

Foreign science and technology organizations that register to establish their representative offices or branches in Vietnam have to pay charges due to regulations. In particular, charges for evaluation of conditions for scientific and technological activities of Vietnam-based representative offices and branches of foreign science and technology organizations for first-time grant or extension of a license is VND 3 million; for re-grant, renewal or modification of a license is VND 2 million. Fees for grant of licenses for establishment of Vietnam-based representative offices and branches of foreign science and technology organizations (applicable to all cases of grant, re-grant, renewal, modification or extension of licenses is VND 3 hundred.

The charge- and fee-collecting agency may retain 85% of the total actually collected charge and fee amount to cover charge and fee collection expenses before remitting the remainder into the stale budget. After making deductions, the remainder (15%) of the total collected charge and fee amount must be remitted into the state budget according to the corresponding chapter, category, clause, item and sub-item of the current State Budget Index.

This Circular takes effect on December 12, 2010. Other matters related to the collection, remittance, management and use of charges and fees and publicity of the charge and fee collection regime which are not guided in this Circular comply with the Finance Ministry's Circular No. 60/2007/TT-BTC of June 14, 2007, guiding a number of articles of the Tax Administration Law and the Government's Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the Tax Administration Law; and Circular No. 157/2009/TT-BTC of August 6, 2009, amending and supplementing Circular No. 60/2007/TT-BTC of June 14, 2007.

PROVIDING CERTIFICATE OF FREE SALE (CFS)
 

The Ministry of Agriculture and Rural Development issued the Circular No. 63/2010/TT-BNNPTNT dated November 01, 2010 providing certificates of free sale for exports and imports under Ministry of Agriculture and Rural Development's management.

Accordingly, products and goods domestically made for export may be granted CFS when satisfying the following conditions: such grant is requested by exporters; their standard or regulation conformity announcement is certified under current law; such grant is requested by the importing country's agency in charge of CFS grant (under the importing country's regulations, if any).

CFS is included in a dossier of application for an import license or another certificate for imports under the current law and serves as a basis for competent agencies to issue regulations on relevant procedures and management.

When finding that examination of the dossier does not provide sufficient grounds for granting a CFS or when detecting violations of previously granted CFS, an agency competent to grant CFS may conduct examination at the place of manufacture or designate a capable conformity assessment institution to conduct examination. Examination expenses shall be paid by the CFS applicant.

Competent slate agencies may reject untruthful CFS of imports as certified by the CFS granting agency of the exporting country.

This Circular takes effect 45 days from the date of its signing.

3 (THREE) CONDITIONS FOR REGARDING UNEMPLOYMENT INSURANCE
 

The Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 32/2010/TT-BLDTBXH guiding a number of articles of the government's Decree no. 127/2008/ND-CP of December 12,2008, detailing and guiding a number of articles of the social insurance law regarding unemployment insurance.

Unemployed laborers are entitled to unemployment insurance when they fully satisfy the conditions specified in Article 15 of Decree No. 127/2008/ND-CP specifically guided as follows: having paid unemployment insurance premiums for full 12 months or more within 24 months before losing a job or terminating a labor or working contract under law. A month of unemployment insurance premium payment will be counted if the employer and employee have paid unemployment insurance premiums and the employee has performed a labor or working contract for at least one day in that month; having registered unemployment under law with a job placement center under a provincial-level Labor. War Invalids and Social Affairs Department (below referred to as job placement center) when losing a job or terminating a labor or working contract; failing to find a job 15 working days after the date of unemployment registration under Clause 2 of this Article (the first date of this 15-day duration is the date following the date of unemployment registration); working days referred to in all cases mentioned in this Circular are working days from Monday to Friday every week.

RE-GRANT LAND USE RIGHT CERTIFICATES AFTER 30 DAYS
 

The Ministry of Natural Resources and Environment issued the Circular 20/2010/TT-BTNMT dated October 22, 2010 additionally providing for land use right or house and land-attached asset ownership certificates.

Accordingly, State management agencies; specialized agencies have to submit survey and drawing of plans of land plots and land-attached assets upon renewal or re-grant of certificates or registration of changes in land use rights or land-attached asset ownership. Land users that were allocated or leased land by the State before July 1, 2004. but have not yet received any certificates shall submit dossiers for the grant of certificates under Decree No. 88/2009/ND-CP. Persons who are allocated or leased land by the State on or after July 1. 2004, are not required to submit certificate application dossiers. The grant of certificates and updating and modification of cadastral dossiers shall be incorporated in the land allocation or lease procedures.

Lost land use right certificates, house ownership certificates, house and residential land ownership certificates or work construction ownership certificates shall be replaced with land use right or house and land-attached asset ownership certificates according to the procedures specified in Article 24 of Decree No. 88/2009/ND-CP. For the re-grant of certificates, dossiers shall be submitted within thirty (30) days after the date of publishing certificate loss information in local mass media (for domestic organizations, foreign organizations and individuals and overseas Vietnamese) or after the date of posting up certificate loss notices at head offices of commune, ward or township People's Committees (for domestic households and individuals).

This Circular takes effect on December 10, 2010.

CONDITIONS FOR A NUMBER OF CONDITIONAL BUSINESS LINES AND TRADES
 

On October 05, 2010, the Ministry of Public Security issued the Circular No. 33/2010/TT-BCA specifying security and order conditions for a number of conditional business lines and trades.

Business lines and trades subject to security and order conditions include making of seals of agencies, organizations and armed forces units; post seals, title seals, signature seals and other types of seal; production and trading of industrial explosive materials and ammonium nitrate of high content (98.5% or higher); production and business activities using industrial explosive materials or ammonium nitrate of high content (98.5% or higher); production, trading and repair of supporting tools, including production, assembly, purchase and sale of supporting tools and accessories thereof, and repair of supporting tools; production of fireworks, covering production, trading, export and import of fireworks and materials for firework production; provision of travel accommodations; organizations and individuals that lease houses to Vietnamese citizens; lease of houses or offices to foreign organizations and individuals; printing activities; pawn services; karaoke bar business; dance hall business; massage services; provision of prize-winning electronic games for foreigners; casino business; debt collection services; trading of liquefied petroleum gas (LPG); production and trading of signaling devices of priority vehicles; repair of hunting rifles.

From November 20, 2010, in order to be provided certificates for  security and order conditions,  organizations and individuals engaged in business lines and trades have to satisfy the following conditions: heads of business establishments subject to security and order conditions, heads of branches and representative offices and at-law representatives of these establishments must have clear personal backgrounds and not fall into any of the cases specified in Article 3 of Decree No. 72/2009/ND-CP; Business establishments must maintain and properly satisfy security and order conditions throughout the course of their business operations; observe regulations on public security and order and environmental sanitation and be located outside areas or places in which business operation is banned by law; fire prevention and lighting conditions.

For business establishments using industrial explosive materials, certificates of satisfaction of fire prevention and fighting conditions to be included in dossiers of application for certificates of satisfaction of security and order conditions arc certificates of satisfaction of fire prevention and fighting conditions at warehouses of industrial explosive materials. If business establishments rent such warehouses, they shall produce documents evidencing such rent. Business establishments subject to security and order conditions are not required to produce certificates of satisfaction of fire prevention and lighting conditions or written records of safety inspection for fire prevention and fighting if establishments based in buildings with their designs already appraised and approved in terms of fire prevention and lighting; establishments making seals; providing debt collection, massage, color photocopy, production or trading of signaling devices of priority vehicles.

This Circular takes effect on November 20, 2010, and replaces the Ministry of Public Security's Circular No. 02/2001/TT-BCA