Legal Document Updates in English (03/2019)

PRINCIPLES OF MAKING A PPP PROJECT’S FINANCIAL PLAN

On September 28, 2018, the Ministry of Finance issues the Circular No. 88/2018/TT-BTC on prescribing the financial management of investment projects in the form of public-private partnership and expenses for investor selection.

According to this Circular, principles of making a PPP project’s financial plan are:

- All lawful expenses and revenues in the stages of investment preparation, implementation and operation of a PPP project shall be denominated in Vietnam dong and shown in the project’s financial plan;

RECOMMEND TO USE DRINKS MADE IN VIETNAM
IN BANQUET FOR FOREIGN GUESTS

This is a content stated by the Ministry of Finance in the Circular No. 71/2018/TT-BTC dated August 10, 2018 on prescribing the mechanism of spending for reception of foreign guests on working visits to Vietnam…

Accordingly, drinks made in Vietnam are recommended to use in banquet for foreign guests on working visits to Vietnam.

Norms on daily meal (including lunch and dinner) are:

LOANS FOR PLANTING PERENNIAL TREES
MAY BE AGREED ON GRACE OF THE PRINCIPAL

This is a highlight stated by the State Bank of Vietnam in the Circular No. 25/2018/TT-NHNN on amending and supplementing the Circular No. 10/2015/TT-NHNN on credit policies for agricultural and rural development.

PROCEDURES FOR ISSUANCE
OF THE CERTIFICATE OF FOOD SAFETY
 

On November 15, 2018, the Ministry of Industry and Trade issues the Circular No. 43/2018/TT-BCT on stipulating food safety managed by the Ministry of Industry and Trade.

One of the remarkable contents of this Circular is the regulation of procedures for issuance of the new certificate of food safety.

To be specific:

- Receiving and check the validity of the application within 05 working days;

- Establishing an inspectorate within 10 working days from the day on which the received application is checked and certified satisfactory;

TO SHORTEN THE TIME TO THE TIME LIMIT
OF ISSUING THE CERTIFICATE OF CONFORMITY

The Ministry of Information and Communications issues  the Circular No. 15/2018/TT-BTTTT on amending to some contents of the Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on certification and declaration of conformity of information technology and communications commodities.

This Circular regulates that conformity shall be certified according to 2 methods:

- Method 1: Test on representative sample;

- Method 5: Test on representative sample and assess the manufacturing process; carry out supervision by testing the sample collected from the manufacturing location or on the market in association with assessment of the manufacturing process.

the certificate of conformity within seven (07) working days from the receipt of the satisfactory application instead of 10 days as before.

The Circular also states 04 cases certificate of conformity ceases to have effect are:

- Name, code or version of the product granted the certificate changes;

- Changes to technical design of the product granted the certificate results in changes to its specifications;

- There is no supervision result as prescribed in Article 26 of this Circular;

- The certificate expires.

THE DISPLAY OF TOBACCO USE IS NOT PERMITTED
IN THEATRICAL AND CINEMATOGRAPHIC WORKS FOR CHILDREN

The Ministry of Culture, Sports and Tourism promulgates the Circular No. 25/2018/TT-BVHTTDL on prescribing the restriction of the display of tobacco use in theatrical and cinematographic works on August 30, 2018.

Accordingly, the display of tobacco use is not permitted in cases of:

- Depicting the prohibitions specified in Article 9, and violations against the regulations on obligations of smokers specified in Article 13, of the Law on Prevention and Control of Tobacco Harms, except the cases of condemning such prohibitions and violations;

- Being shown in theatrical and cinematographic works for children;

- Other cases as prescribed by law.

The Circular also regulates that the display of tobacco use for artistic purposes in theatrical works is permitted in the cases of:

- Depicting a real historical personality;

- Recreating a certain historical stage;

- Criticizing or condemning acts of tobacco use;

- Aiming to achieve other artistic purposes approved by a competent agency based on an art council’s proposal.

BY NOVEMBER 01, 2019, INAUGURATE
THE NATIONAL PUBLIC SERVICE PORTAL

This is one of the highlight contents stated by the Prime Minister in the Directive No. 30/CT-TTg on improving the quality of administrative procedure settlement at ministries, sectors and localities.

To speed up administrative reform and administrative procedure reform, the Prime Minister instructs that:

- Ministries, heads of ministerial-level agencies and government-attached agencies, provincial-level People’s Committee chairpersons:

+ To urgently implement the single-window mechanism and inter-agency single-window mechanism implementation of the single-window mechanism and inter-agency single-window mechanism in settlement of administrative procedures;

NOT REQUIRE THE PACKING LIST WITH FOREST PRODUCTS
INTERNALLY TRANSPORTED WITHIN A PROVINCE
 

From January 01, 2019, management and access of forest products origins shall complied with guidance in the Circular No. 27/2018/TT-BNNPTNT of the Ministry of Agriculture and Rural Development.

This Circular states that, a packing list shall be made by the forest product owner after the exploitation; when trading, transporting and dispatching forest products at a time and on the same vehicle; the forest product owner shall be responsible to law for the contents and origin of lawful forest products specified in the packing list.

Under a number of specific circumstances, the packing list of forest products must be specified by the local Forest Protection authority:

- Non-wood forest plants on the list of endangered/rare forest plants and animals and CITES Appendices, which are exploited from domestic natural forests and have not undergone any processing;

- Wild or domestically raised forest animals and parts and derivatives thereof; forest animals and products of imported forest animals on the list of endangered/rare plant forests and animals;

- In the cases where the forest products are internally transported within a province, the packing list is not required to be certified by a local forest protection authority.