Legal Document Updates in English (04/2013)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE - BANKING

1

09/2013/TT-BTC

Circular No. 09/2013/TT-BTC dated January 17, 2013 of the Ministry of Finance amending the Circular No. 104/2012/TT-BTC, of June 25, 2012 of the Ministry of Finance, providing interest rates of the state investment credit, export credit loans and the interest rate difference eligible for post-investment supports

 

Interest rate of state export credit loans reduced to 10.2%/year

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

 

2

02/2013/TT-BCT

Circular No. 02/2013/TT-BCT dated January 18, 2013 of the Ministry of Industry and Trade providing import of raw material tobacco imported according to the quota regime in 2013

 

In 2013, volume of raw material tobacco imported is 42,000 tons

Page 2

CONSTRUCTION

 

CONSTRUCTION

 

3

11/2012/TT-BXD

Circular No. 11/2012/TT-BXD dated December 25, 2012 of the Ministry of Construction guiding the calculation and management of construction maintenance costs

 

Include VND 500 million repair cost in technical-economic report

Page 2

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING – VOCATION

 

4

62/2012/TT-BGDDT

Circular No. 62/2012/TT-BGDDT dated December 28, 2012 of the Ministry of Education and Training promulgating the regulation on the process and frequency of education quality assessment of universities, colleges, and vocational high schools

 

Tightening education quality assessment standards

Page 2

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

 

5

50/2012/TT-BCT

Circular No. 50/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade promulgating the national technical regulation on risk acceptance criteria used for quantitative risk assessment (QRA) of petroleum, oil and petrol, chemical, thermal power activities

 

Assessing quantitative risk of petroleum activities

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

 

6

06/2013/ND-CP

Decree No. 06/2013/ND-CP dated January 09, 2013 of the Government on the security staff at organizations and enterprises

 

State enterprise’s security guards may enjoy the regimes applicable to martyrs

Page 3

 

SUMMARY:

Ü FINANCE - BANKING


INTEREST RATE OF STATE EXPORT CREDIT LOANS REDUCED
TO 10.2%/YEAR
 

The Ministry of Finance issued the Circular No. 09/2013/TT-BTC amending the Circular No. 104/2012/TT-BTC, of June 25, 2012 of the Ministry of Finance, providing interest rates of the state investment credit, export credit loans and the interest rate difference eligible for post-investment supports.

Accordingly, from January 17, the interest rate of state export credit loans for

 

Vietnam-dong is reduced from 11,4%/year to 10.2%/year, which is reduced by 1,2% compared with the previous regulations.

Besides, the interest rate on loan of investment credit of the State in Vietnam dong is still kept at the same rate at 12%/year. The difference of the interest rate calculated for support after investment for the loan project in Vietnam dong is still at 2,4%/year.

Ü EXPORT - IMPORT       


IN 2013, VOLUME OF RAW MATERIAL TOBACCO IMPORTED
IS 42,000 TONS
 

On January 1, 2013, the Ministry of Industry and Trade issued the Circular No. 02/2013/TT-BCT providing import of raw material tobacco imported according to the quota regime in 2013.

Accordingly, the Ministry of Industry and Trade determined the volume of raw material tobacco imported according to the quota regime is 42,000 tons. The traders shall be assigned quota for import of raw material tobacco as

 

prescribed in the Circular No. 04/2006/TT-BTM of April 06, 2006including enterprises having the license of producing tobacco issued by the Ministry of Industry and Trade and having the demand to use a specific rate of imported raw material tobacco for producing tobacco certified by the Ministry of Industry and Trade.

This Circular takes effect from January 18, 2013 to December 31, 2013.

Ü CONSTRUCTION


INCLUDE VND 500 MILLION REPAIR COST IN
TECHNICAL-ECONOMIC REPORT
 

On December 25, 2012, the Ministry of Construction issued the Circular No. 11/2012/TT-BXD guiding the calculation and management of construction maintenance costs.

Under this Decree, the periodic and irregular repairs of the construction and equipment that cost 500 million VND or more must be included in the technical-economic report, or the project of investment. The owner or authorized person shall make and submit them for appraisal and approval in accordance with the regulations on the construction investment management.

On the contrary, the estimate of the cost of the periodic and irregular repairs of the 

 

construction and equipment that cost shall be made by the one or the authorization, in accordance with the regulations.

The construction maintenance cost includes: the cost of the establishment, appraisal, or inspection the construction maintenance process; the cost of the construction maintenance planning; the cost of the regular, periodic, and irregular construction inspection; the construction preservation costs… And the construction preservation costs are shall be estimated according to the method of workload and prices and are calculated based on the ratio.

This Circular takes effect on February 01, 2013.

Ü EDUCATION – TRAINING - VOCATION


TIGHTENING EDUCATION QUALITY ASSESSMENT STANDARDS
 

On December 28, 2012, the Ministry of Education and Training issued the Circular No. 62/2012/TT-BGDDT promulgating the Regulation on the process and frequency of education quality assessment of universities, colleges, and vocational high schools.

Accordingly, the education quality assessment standards are tightened compared with the previous regulations. Specifically, in addition to meeting at least 80% of the criteria, an educational institution shall be certified that it meets the education quality standards when the following conditions are satisfied: At least one course is completed; An external assessment is carried out, and a written request sent to the education quality assessment organization for the certification of meeting education quality standards is made; The external assessment result, the resolution, and the recommendations of the education quality assessment panel shall be posted on the website of the education quality assessment organization as prescribed…

 

Besides, under this Circular, for public and private universities, academies, colleges, and vocational high schools, the education quality assessment is carried out every five years (according to the previous regulation, it was carried out every 5 years for universities; every 4 years for colleges; every 3 years for vocational high schools). Besides, the Circular also amended some new regulations on revoking the education quality assessment certificate. Accordingly, if the education quality assessment certificate is unexpired, and the educational institution commits violation of law or no longer satisfies the requirements of the education quality assessment standard, the State agency in charge of education management shall request the Director of the education quality assessment organization to revoke the education quality assessment certificate.

This Circular takes effect on February 12, 2013, and supersedes the Decision No. 76/2007/QD-BGDDT dated December 14, 2007.

Ü SCIENCE - TECHNOLOGY


ASSESSING QUANTITATIVE RISK OF PETROLEUM ACTIVITIES
 

On December 28, 2012, the Ministry of Industry and Trade issued the Circular No. 50/2012/TT-BCT promulgating the National Technical Regulation on Risk Acceptance Criteria used for Quantitative Risk Assessment (QRA) of petroleum, oil and petrol, chemical, thermal power activities.

Under this Circular, 06 petroleum activities must be assessed according to characteristics of risk including: the offshore petroleum exploration and extraction; The offshore conveyance of petroleum and petroleum products in pipeline; The onshore conveyance of petroleum, petroleum products, oil and petrol in pipeline; The export, import, storage of petroleum, petroleum products, oil and petrol at warehouses and ports; The activities of construction, installation, operation, renovation, and dismantlement of the  

 

construction serving the chemical production and processing; The factories that produce industrial explosives and precursor substances of explosives.

For the acceptable levels of risk applicable to onshore conveyance of petroleum and petroleum products in pipeline, the highest acceptable level of risk: 1.00E-03; the broadly acceptable level of risk: 1.00E-06….For acceptable levels of risk applicable to the offshore exploration, extraction, storage, and treatment of petroleum, the highest acceptable level of risk: 1.00E-03; The broadly acceptable level of risk: 1.00E-05 and the highest acceptable level risk of rescue and escape instrument failure: 1.00E-03.

This Circular takes effect on February 14, 2013.

 

Ü ORGANIZATIONAL STRUCTURE


STATE ENTERPRISE’S SECURITY GUARDS MAY ENJOY THE
REGIMES APPLICABLE TO MARTYRS
 

On January 09, 2013, the Government issued the Decree No. 06/2013/ND-CP on the security staff at organizations and enterprises. Of which, one of the most notable points is the regimes and policies applicable to the security staff at state organizations, state enterprises, and political organizations.

Specifically, the Government regulated that if a security guard hurts or dies while working, he or she may enjoy the regimes and rewards applicable to martyrs as prescribed by the laws on incentives for contributors to the revolution, and the laws on emulation and commendation.

Besides, the regimes and policies applicable to the security staff at other organizations shall be based on the labor contracts and laws.

 

Under this Decree, the Government also regulates some standards of security staff such as: Vietnamese citizens at the age of 18 or above; having clear records, good political credentials and moral sense, having graduated from high schools or above (or middle schools in highland, borderlands, remote areas), capable of civil acts, and having good health that meet the requirements for security works. Being trained the security techniques and issued certificates by the provincial police department or an equivalent agency.

This Decree takes effect on March 01, 2013, and supersedes the Government's Decree No. 73/2001/NĐ-CP dated October 05, 2001 on the operation and organization of the security staff at organizations and enterprises

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