Legal Document Updates in English (05/2013)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE - BANKING

1

170/QD-TLD

Decision No. 170/QD-TLD dated January 09, 2013 of the Vietnam General Confederation of Labor issuing temporary provisions on collection, decentralized collection, use and management of income source of trade union dues

 

Enterprises make Trade Union’s payment dues once a month

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

 

2

3125/QD-TCHQ

Decision No. 3125/QD-TCHQ dated December 28, 2012 of the General Department of Customs promulgating the process of customs procedures for export and import goods for non-commercial purpose

 

Tightening customs procedures for the non-commercial goods

Page 2

COMMERCE

 

COMMERCE

 

3

39/2012/TT-BCT

Circular No. 39/2012/TT-BCT dated December 20, 2012 of the Ministry of Industry and Trade detailing a number of articles of the Government's Decree No. 94/2012/ND-CP dated November 12, 2012 on wine production and wine trading

 

Wine village’s members are exempted from License’s application

Page 2

SECURITIES

 

SECURITIES

 

4

09/QD-UBCK

Decision No. 09/QD-UBCK dated January 08, 2013 of the State Securities Commission amending the regulation guiding the margin trading of securities

 

Lowering the initial margin to 50%

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

 

5

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 the education quality assessment standards

Page 3

 

SUMMARY:

Ü FINANCE - BANKING


ENTERPRISES MAKE TRADE UNION’S PAYMENT DUES
ONCE A MONTH
 

On January 09, 2013, Vietnam General Confederation of Labor Trade Union issued the Decision No. 170/QD-TLD on temporary regulations on collection, decentralized collection, use and management of collection source of union fund under the Trade Union Law 2012.

Under this Decision, agencies, organizations, enterprises make payment of Trade Union dues once a month: For enterprises the Trade Union dues of the last month shall be paid within 10 days of the following month; For non income-generating administration units, making payment of Trade Union dues with the period of fund withdrawal for monthly salary of the unit.

However, for the agencies, organizations, and small-scale enterprises or enterprises with long production cycles unable to make monthly payment of Trade Union dues,

 

the Labor Confederation of provinces and cities; Central Trade Union;Corporation Trade Union under the Confederation stipulating the time of payment of Trade Union dues of these objects accordingly.

Besides, accounting the payment of Trade Union dues of agencies, organizations and enterprises is also regulated in detail. Accordingly, for enterprises, the payment of Trade Union dues shall be accounted in the cost of production and business. For organizations, the units using other sources for Trade Union dues, the payment shall be accounted into the cost of other sources of unit. Non income-generating administration units (enjoying the State budget), the source for Trade Union dues is allocated by the State budget in the annual estimate of the unit.

This decision takes effect on January 01, 2013

Ü EXPORT - IMPORT       


TIGHTENING CUSTOMS PROCEDURES FOR
THE NON-COMMERCIAL GOODS
 

On December 28, 2012, the General Director of the General Department of Customs issued the Decision No. 3125/QD-TCHQ on the process of customs procedures for export and import goods for non-commercial purpose.

Under this Decision, the General Department of Customs provided the specific provisions on the process of customs procedures for non-commercial export/import goods performed at Customs Sub-Departments of border-gates where non-commercial import goods are moved arrival port as prescribed. Accordingly, this process includes four steps: receiving, checking dossier in details; registering customs declaration; checking actual goods and confirming result of checking; Calculation, collection of taxes and customs fees; Dossier re-inspection.

After receiving customs dossier from customs declarer, checking conditions for declaration registration, leader of Sub-Department will decide the form of checking and method of checking actual goods based on the specific cases by scanners,

 

scale or manually checking. At this step, the General Department of Customs requested that when performing the manual checking, it must be performed with methods such as: checking situation of packaging; Checking labels, signs, codes, basic characteristics of goods for defining name of goods, code of goods; checking quantity/weight of goods and confirming result of checking actual goods.

The non-commercial export/import goods include overseas organizations' and individuals' donations and gifts to Vietnamese organizations and individuals; or those consigned by Vietnam-based organizations and individuals to overseas organizations and individuals; Goods as humanitarian aid; Movable assets of organizations or individuals; Temporarily imported and exported goods of individuals entitled to tax exemption by the Vietnamese State.

This Decision takes effect on January 15, 2013.

Ü COMMERCE


WINE VILLAGE’S MEMBERS ARE EXEMPTED FROM
LICENSE’S APPLICATION
 

This is regulated under the Circular No. 39/2012/TT-BCT dated December 20, 2012 detailing a number of articles of the Government's Decree No. 94/2012/ND-CP dated November 12, 2012 on wine production and wine trading.

Under this Circular, the organizations and individuals engaged in the small-scale production of wine being members of wine villages are exempted from applying for the License for small-scale production of commercial wine. The organizations and individuals that represent a wine village must apply for the License for small-scale wine production of the wine villages, and take responsibility for the wine production conditions applicable to the member of the wine villages.

Besides, the Circular also provided the specific provisions on the dossier of application for the License for mass production of wine, the dossier of application for

 

the registration of the small-scale production of wine for selling to enterprises licensed to produce wine further processing…Specifically, the enterprise shall make 02 dossiers including: the written application for the License for mass production of wine; The description of the production process, the facilities, machinery and equipment; the copies of the Certificate of reception of Declaration of conformity…

Also, before January 31 every year, the wine producers and traders must send reports on the statistics of the quantity and types of wine being produced and traded (according to the distribution and wholesaling system) in the last year to the competent agencies that issued the licenses.

This Circular takes effect on February 02, 2013 and annuls the Circular No. 10/2008/TT-BCT dated July 25, 2008 of the Ministry of Industry and Trade.

Ü SECURITIES


LOWERING THE INITIAL MARGIN TO 50%
 

This is new regulation under the Decision No. 09/QD-UBCK dated January 08, 2013 of the State Securities Commission on amending a number of articles of the Regulation guiding the margin trading of securities, promulgated together with the Decision No. 637/QD-UBCK dated November 30, 2011 of the President of the State Securities Commission.

Accordingly, from February 02, 2013, the State Securities Commission decided to

 

lower the initial margin to 50% and the maintenance margin to 30% (is 10% lower compared with the previous regulation).

At the same time, to create the favorable conditions for customers, the State Securities Commission also annuls the condition of margining at least 10 million to open the account at Securities Company as prescribed under the Regulation.

This Decision takes effect on February 01, 2013.

Ü EDUCATION – TRAINING - VOCATION


TIGHTENING THE 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 iscarried 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.

 

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