Legal Document Updates in English (04/2015)

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NUMBER

TITLE

 

In This Updates:

INVESTMENT

 

INVESTMENT

1

61/2014/TTLT-BTNMT-BKHDT-BTC

Joint Circular No. 61/2014/TTLT-BTNMT-BKHDT-BTC dated November of the Ministry of Natural Resource and Environment, the Ministry of Planning and Investment and the Ministry of Finance guiding procedures for contributing capital to geological baseline surveys of minerals by organizations and individuals and management of their contributed capital

 

Refund of funds in case of failing to obtain mineral exploration licenses

Page 2

EXPORT - IMPORT

 

EXPORT - IMPORT

2

114/2014/ND-CP

Decree No. 114/2014/ND-CP dated November 26, 2014 of the Government on subjects eligible and conditions for licensed import and dismantlement of used ships

 

Import of used ships for dismantlement must have at least VND 50 billion

Page 2

3

18/2014/TT-BTTTT

Circular No. 18/2014/TT-BTTTT dated November 26, 2014 of the Ministry of Information and Communications detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, on the grant of import licenses for radio transmitters and radio transceivers

 

Terrestrial cell phones consigned are exempt from import license

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

4

46/2014/TT-BYT

Circular No. 46/2014/TT-BYT dated December 05, 2014 of the Ministry of Health guiding the health quarantine process

 

Health quarantine process for persons on entry or exit

Page 3

SCIENCE – TECHNOLOGY

 

SCIENCE - TECHNOLOGY

5

66/2014/QD-TTg

Decision No. 66/2014/QD-TTg dated November 25, 2014 of the Prime Minister approving the list of high technologies prioritized for development investment and the list of hi-tech products eligible for development promotion

 

Approving list of high technologies prioritized for development investment

Page 3

 

SUMMARY:

 

Ü INVESTMENT


REFUND OF FUNDS IN CASE OF FAILING TO OBTAIN
MINERAL EXPLORATION LICENSES
 

According to the Joint Circular No. 61/2014/TTLT-BTNMT-BKHDT-BTC dated November 14, 2014 of the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment and the Ministry of Finance guiding procedures for contributing capital to geological baseline surveys of minerals by organizations and individuals and management of their contributed capital, investors contributing capital to geological baseline surveys of minerals have some rights such as: be given priority in using information on minerals in surveyed areas when conducting mineral activities; take part in the inspection, supervision and acceptance testing of the projects on geological baseline surveys of minerals they invest in; especially, be refunded with funds already paid for geological baseline surveys of minerals in case of failing to obtain mineral exploration licenses as prescribed.

Specifically, in case an investor that contributes capital to a geological baseline survey of minerals is unqualified for

 

being licensed to conduct mineral exploration in the surveyed area, the organization or individual licensed to conduct mineral exploration in such area shall refund the amount already paid for geological baseline surveys of minerals to such investor in accordance with law. In case the surveyed area is unqualified for mineral exploration licensing, the investor will not be eligible for refund of contributed capital. An investor that contributes capital to a geological baseline survey of minerals must satisfy the following conditions: being an enterprise established under the Enterprise Law; a cooperative or an union of cooperatives established under the Law on Cooperatives; or a foreign enterprise with a Vietnam-based representative office or branch and having sufficient funds for implementing the whole project on the geological baseline survey of minerals as prescribed at Point b, Clause 3, Article 10 of Decree No. 15/2012/ND-CP.

This Circular takes effect on December 29, 2014.

Ü EXPORT - IMPORT


IMPORT OF USED SHIPS FOR DISMANTLEMENT
MUST HAVE AT LEAST VND 50 BILLION
 

According to the Decree No. 114/2014/ND-CP dated November 26, 2014 of the Government on subjects eligible and conditions for licensed import and dismantlement of used ships, a used ship imported for dismantlement shall be brought to a ship dismantlement establishment within 30 days after customs formalities are completed and 90 days after it arrives at the first seaport of Vietnam; the ship dismantlement period must not exceed 180 days after the ship is brought to the ship dismantlement establishment.

Under this Circular, the import and dismantlement of used ships must ensure maritime safety and security, labor safety and protection of human health and the environment; used ships may only be dismantled at lawfully licensed ship dismantlement establishments. Especially, used ships imported for dismantlement may not be transformed, upgraded, used for other purposes, transferred or traded. Of which, used ships for dismantlement must neither be in a hypothecation nor subject to a maritime claim and must be used ships eligible for import for dismantlement: Dry bulk

 

carriers carrying general cargo, cargo in loose form, equipment, wood chips, timber, grains, packed goods and iron and steel products; Container ships; Ore ships; Tankers carrying crude oil, oil products and vegetable oil; Tankers carrying gas and liquefied gas; Ro-Ro ships, passenger ships, sea barges and ferries; Floating rigs; Jack-up rigs; Ship-type floating storage units; Floating storage and offloading facilities and other ships as decided by the Prime Minister at the proposal of the Minister of Transport. In order to import of used ships for dismantlement, ship dismantlement enterprises must satisfy the following conditions: having registered the business line of importing used ships for dismantlement; having specialized sections in charge of import; maritime law; labor safety and environmental protection; Having a legal capital of at least VND 50 billion; having license for import of used ships for dismantlement that is valid for 5 years from the date of grant.

This Decree takes effect on January 15, 2015.


TERRESTRIAL CELL PHONES CONSIGNED ARE EXEMPT
FROM IMPORT LICENSE
 

On November 26, 2014, the Ministry of Information and Communications promulgates the Circular No. 18/2014/TT-BTTTT detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, on the grant of import licenses for radio transmitters and radio transceivers; deciding terrestrial cell phones that are consigned together or not together with persons on entry or imported by post or international express delivery for personal purposes; terrestrial cell phones that are temporarily exported for re-import for the purposes of maintenance, repair or replacement, provided their warranty is still valid under import contracts exempt from import license from January 16, 2015.

Radio transmitters and radio transceivers owned by diplomatic missions, foreign consulates, representative offices of international organizations in Vietnam and high-ranking foreign delegates visiting Vietnam which are entitled to diplomatic privileges and immunities; or by non-

 

resident foreign reporters conducting press activities in Vietnam. Radio transmitters and radio transceivers prescribed in this Clause are exempt from import licenses but must have radio frequency use licenses granted by the Authority of Radio Frequency Management when in use. Radio transmitters and radio transceivers are subject to import license. Radio transmitters and radio transceivers subject to import license are apparatuses in complete set with technical specifications and goods descriptions consistent with designed technical specifications and structure, and may operate independently. An import license may be used for the import of a goods shipment indicated in such license and is valid until such goods shipment is completely cleared from customs procedures with a quantity not exceeding that specified in the import license and within the validity duration of the regulation conformity certificate or commercial contract.

This Circular takes effect on January 16, 2015.

Ü MEDICAL - HEALTH


HEALTH QUARANTINE PROCESS FOR PERSONS
ON ENTRY OR EXIT
 

On December 05, 2014, the Ministry of Health issued the Circular No. 46/2014/TT-BYT guiding the health quarantine process, of which it stipulates health quarantine process for persons on entry or exit or in transit at road and railway border gates, at international airports and at waterway border gates.

Under this Circular, health quarantine officers shall receive health information of persons on board vehicles from vehicle owners or related agencies, organizations or individuals, process the information and classify persons departing from or traveling through epidemic areas; Persons departing from or traveling through areas affected with risky health elements; Persons on board vehicles with risky; Persons showing signs of being exposed to risky health elements… In addition to collecting information about persons suffering from, or suspected of being affected with, health quarantine officers shall inspect health declarations,

 

check the international certificates of vaccination or prophylaxis, observe the physical status, and measure the body temperature, conduct clinical examination, for persons suspected of being infected with, or carrying pathogens of, infectious diseases….

For persons suspected of suffering from, or carrying pathogens of, group-A infectious diseases, health quarantine officers shall apply prophylactic measures, transfer these persons to isolation rooms in border-gate areas and conduct primary health examination and initial treatment or transfer such persons to medical establishments according to regulations. For persons in contact with persons on entry, health quarantine officers shall apply prophylactic measures; Using vaccines or medical biological; providing counseling on disease prevention and control….

This Circular takes effect on January 20, 2015

Ü SCIENCE - TECHNOLOGY


APPROVING LIST OF HIGH TECHNOLOGIES PRIORITIZED
FOR DEVELOPMENT INVESTMENT
 

On November 25, 2014, the Prime Minister issued the Decision No. 66/2014/QD-TTg approving the list of high technologies prioritized for development investment and the list of hi-tech products eligible for development promotion.

Accordingly, from January 15, 2015, list of high technologies prioritized for development investment includes 58 technologies instead of 46 technologies as previously. Of which, there are new technologies such as: artificial intelligence technology; Big data and big data processing technology; Interactive television and hybrid television technologies; Flexible electronics (FE) technology; New-generation drilling technology for petroleum exploration; Technology for designing and manufacturing new-generation agricultural machinery…

In addition, the Prime Minister also increases the number of high technologies from 76 products to 114 products including: Operating systems for computers and

 

mobile equipment; database management systems; base software providing value-added services; Software assuring high-level network security and safety and information confidentiality; Software for identifying scripts, images, sounds, gestures, movements, thoughts and biometric factors; Smart-house equipment system; Smart control equipment system for net houses and green houses; Smart traffic control system… High technologies and hi-tech products that are not on the lists promulgated together with this Decision but are urgently needed for socio-economic development shall be submitted by the Ministry of Science and Technology, in coordination with related ministries and ministerial-level agencies, to the Prime Minister for consideration and decision.

This Decision takes effect on January 15, 2015, and replaces the Prime Minister’s Decision No. 49/2010/QD-TTg of July 19, 2010.

 

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