Legal Document Updates in English (06/2011)

ON ORGANIZATION AND MANAGEMENT OF INTERNATIONAL CONFERENCES AND SEMINARS IN VIETNAM
 

On November 30, 2010, the Prime Minister issued the Decision No. 76/2010/QD-TTg on on organization and management of international conferences and seminars in Vietnam.

Accordingly, International conferences and seminars governed by this Decision arc foreign-involved meetings held directly in the territory of Vietnam or held online with at least one end being in the territory of Vietnam.
High-ranking international conferences and seminars participated by heads or ministerial- or higher-level officials of states, territories and international organizations; and international conferences and seminars on matters related to politics, security, defense, nationalities, religion, human rights, border and territory or matters of state secret are organized under the Prime Minister’s authorization.
Besides, heads of central agencies or localities may decide to organize international conferences and seminars of their agencies or localities and permit their attached units or foreign organizations to organize international conferences and seminars on matters other than those within their powers and stale management responsibilities under current regulations.

This Regulation also states the process of organizing an international conference or seminar that a Vietnamese agency or organization which organizes an international conference or seminar to be permitted by the Prime Minister shall comply with the following process: collecting written opinions; submitting a proposal (enclosed with an organization plan); organizing the conference or seminar according to its agenda and plan; submitting a brief report. Besides, a foreign organization which organizes an international conference or seminar shall comply with the process from submitting an organization plan to a competent authority to organizing the conference or seminar according to its approved agenda and plan and submitting to a competent authority a brief report on results of the conference or seminar within 15 days after its closing.

This Decision replaces the Prime Minister's Decision No. 122/2001/QD-TTg of August 21, 2001, and takes effect on January 15, 2011.

CHARGES FOR EVALUATION OF SECURITY AND ORDER CONDITIONS
 

On December 03, 2010, the Ministry of Finance issued the Circular No. 193/2010/TT-BTC guiding the collection, remittance, management and use of charges for evaluation of security and order conditions; charges for examination and grant of security guard certificates; fees for grant of certificates of registration of specimen seals; fees for grant of permits for taking fireworks into and out of Vietnam; and fees for grant of permits for management of weapons, explosives and supportive tools.

Organizations and individuals when having their conditions evaluated by competent public security agencies for the grant of certificates of satisfaction of security and order conditions for a number of business lines according to law shall pay a charge for evaluation of security and order conditions; individuals when being examined by competent state agencies for the grant of security guard certificates shall pay a charge for examination and grant of security guard certificates.

Agencies and organizations when being granted a certificate of registration of specimen seal by a competent public security agency shall pay a fee for grant of certificates of registration of specimen seals; when being granted a permit for taking fireworks into or out of Vietnam shall pay a fee for grant of permits for taking fireworks into or out of Vietnam; and when being granted a permit for using, transporting, purchasing, bringing along or repairing weapons, explosives and supportive tools shall pay a fee for grant of permits for management of weapons, explosives and supportive tools.

Charge and fee rate is regulated in details in the Charge and fee rate tariff attached to the Circular, within that, charge for evaluation of security and order conditions is VND 300,000 per time; charge for examination for grant of security guard certificates is VND 200,000 per time; fee for grant of certificates of specimen seals is VND 50,000 per certificate; fee for grant of permits for taking fireworks into and out of Vietnam is VND 150,000 per permit; permits for use of military weapons, sports weapons and supportive tools is VND 10,000 per permit; permits for use of hunting guns is VND 100,000 per permit and so on.
Besides, the Circular also guides the entities who are not required to pay fees for grant of permits for management of weapons, explosives and supportive tools, such as organizations and units of the People’s Police forces, communal police, security forces of residential areas and commune-level mass organizations engaged in security and order protection which are permitted to use weapons and supportive tools for fighting and protecting national security and social order and safety; organizations and individuals of the regular army, border guard force, marine police force, local army and militia and self-defense force and Bodyguards of heads of State and Government and persons who are permitted by the Prime Minister to bring weapons into or out of Vietnam for self-defense or security purposes.
This Circular takes effect 45 days from the date of its signing and replaces the Decision No. 19/2001/QD-BTC dated March 28, 2001; the Circular No. 78/2002/TT-BTC dated September 11, 2002 and Circular No. 124/2003/TT-BTC dated December 18, 2003.

OIL PREFERENTIAL IMPORT DUTY RATES REDUCE TO 12%
 

On December 01, 2010, the Ministry of Finance issued the Circular No. 190/2010/TT-BTC guiding the implementation of preferential import duty rates applicable to a number of commodities under Heading 2710 in the Preferential Import Tariff.
Preferential import duty rates for petroleum oil and oils under Heading 2710 is decreased. Within that, for motor gasoline (including lead mixture, high-class kind; non-lead mixture, high-class kind; lead mixture, common kind; non-lead mixture, common kind; aviation spirit; tetrapropylene; white spirit; spirit with aromatic constituent of less than 1%; naphtha, reformate and other preparations for petrol preparation and so on), the preferential import duty rate is adjusted to decrease from 17% to 12%.
Medium oils (with medium boil) and preparations:  aviation turbo engine fuel (jet fuel) also adjusted to decrease from 17% to 12%. Particularly, Kerosene is adjusted to

decrease from 15% to 10%.

The duty rate for fuel oil diesel fuel used for high-speed engine and other diesel fuel is also decreased from 10% to 5%; other fuels’ is decreased from 12% to 7%. Other products in Heading 2710 remain the same duty rates as before.

This Circular takes effect from the date of its signing and supersedes the Circular No. 59/2010/TT-BTC dated 19, 2010. From January 1, 2011, preferential import duty rates applicable to a number of petrol and oil commodities under Heading 2710 continue to comply with this Circular, superseding regulations on preferential import duty rates applicable to a number of petrol and oil commodities under Heading 2710 specified in the Circular No. 184/2010/TT-BTC dated November 15, 2010.

APPLY IMPORT DUTY RATE OF 0% ON THE IMPORT OF GOODS OF LAO ORIGIN

On December 02, 2010, the Ministry of Industry and Trade issued the Circular 38/2010/TT-BCT on the import of goods of Lao origin at the import duty rate of 0% under 2010 and 2011 import quotas.

To apply the 2011 import quotas with the import duty rate of 0% (zero per cent) to 2 groups of commodities of Lao origin, including rice and paddy of all kinds; and tobacco leaves and stems.
In order to enjoy the import duty rate of 0% for import quotas, Imported goods must

have a certificate of origin (C/O), form S, issued by a competent authority of the Lao People’s Democratic Republic according to regulations and be cleared from customs procedures through any pair of border gates specified in Appendix 2 to this Circular. For tobacco leaves and stems, only traders that have a permit for the import of material tobacco issued by the Ministry of Industry and Trade may import these goods.

This Circular takes effect from January 17, 2011, through December 31, 2011.

APPLY IMPORT DUTY RATE OF 0% ON THE IMPORT OF GOODS OF CAMBODIAN ORIGIN
 

On November 02, 2010, the Ministry of Industry and Trade issued the Circular No. 37/2010/TT-BTC on the import of goods  of Cambodian origin at the import duty rate of 0% under 2010 and 2011 import quotas.

2 (two) commodity groups of Cambodian origin including rice and paddy of all kinds; and dried tobacco leaves are applied import quotas with the import duty rate of 0% (zero per cent) for 2010 and 2011.

The import duty rate of 0% for the 2010 import quotas apply to customs declarations registered with customs offices from November 1, 2010, through December 31, 2010. The import duty rate of 0% under the 2011 import quotas will

apply to customs declarations registered with customs offices from January 1, 2011, through December 31, 2011.
Imported goods must have a certificate of origin (C/O), form S, issued by a competent authority of the Kingdom of Cambodia. As for dried tobacco leaves, only traders that have a permit for the import of material tobacco issued by the Ministry of Industry and Trade under Circular No. 04/2006/TT-BTM of April 6, 2006, of the Ministry of Trade (now the Ministry of Industry and Trade) may import these goods.

This Circular takes effect from January 17, 2011, through December 31, 2011.