Legal Document Updates in English (08/2019)

8 CIRCUMSTANCES WHICH EXPORTER
HAVE THE REX NUMBER REVOKED
 

On dated October 30, 2018, the Ministry of Industry and Trade issues the Circular No. 38/2018/TT-BCT on prescribing certification of origin of goods under the generalized system of preferences of the European Union, Norway, Switzerland and Turkey.

Accordingly, an exporter shall have the REX number revoked in one of the following circumstances:

- The company is dissolved or declared bankrupt in accordance with applicable laws;

- The exporter does not intend to export goods qualifying preferential treatment under the GSP;

- The exporter provides incorrect information about the origin of goods;

- The exporter intentionally forges the statement on origin;

- The exporter fails to keep his data up to date as regulated in Clause 5 Article 11 hereof;

- The exporter repeats the fault that he fails to provide sufficient information as regulated or fails to publish GSP statement on origin and other documents concerning the shipment as regulated in Clause 5 Article 6 hereof after he was warned by the REX number-issuing authority in writing or in another form of equivalent legal validity;

- The exporter commits other violations against laws or origin-related frauds.
This Circular takes effect on December 14, 2019.

THE EXAMINATION COUNCIL OF OCCUPATIONAL SAFETY AND HEALTH
CONSISTING OF AT LEAST 3 MEMBERS

This is a content mentioned by of the Ministry Of Labor-War Invalids and Social Affairs in the Circular No. 31/2018/TT-BLDTBXH dated December 26, 2018 on elaborating training in occupational safety and health.

The examination shall include the 2 following parts:

- Theory examination: Students will be given 90 minutes to finish the exam.

- Practical examination: Students may select 1 topic and prepare the lesson plan conformable to the frame program regulated then give presentation in the presence of the examination council within 20 minutes/student;

REQUIREMENTS FOR BANK BRANCHES
TO SUPPLY NON-CASH PAYMENT SERVICE

On dated February 01, 2019, the Government issues the Decree No. 16/2019/ND-CP on amending and supplementing Decrees on business conditions under the state management of the State Bank of Vietnam.

Accordingly, provisions in the Decree No. 101/2012/ND-CP on personnel requirements for bank branches to supply non-cash payment service are amended and supplemented as follow:

- Deputy General Director (or Deputy Director) and holders of other key positions in the Plan for provision of intermediary payment services (including heads of departments (divisions) or holders of equivalent positions, and technicians) must possess associate degree or higher in economics, finance, banking, information technology or the area related to their in-charge professional positions.

In addition, this Decree also amends a number of provisions on outward portfolio investments and credit information-related activities…

On December 28, 2018, the Ministry of Planning and Investment issues the Circular No. 09/2018/TT-BKHDT on providing guidance on the implementation of a number of articles of Government’s Decree No. 63/2018/ND-CP dated May 4, 2018 on investment in a public-private partnership form.

Accordingly, within duration of 07 working days of signing of a project contract, the parties shall be responsible for making information about the project contract known to the public, except contents of project contracts that need to be kept confidential according to agreements or laws on information security.

The content of the project contract including:

- Targets and scale of the project;
- Location and land use area of the project;

- Requirements on technical standard, technology, quality of works, project, products and services provided;

- Financial plans;

- Compensation, support for relocation, form and condition for using land and related works;

In addition, this Circular also give instruction on making a pre-feasibility report of a PPP project, guiding the evaluation of a feasibility report of a PPP project...

This Circular takes effect on February 15, 2019.
 

IMPORTERS SHALL
MAKE SELF-DECLARATION FOR IMPORTED SALT 

On December 27, 2018, of the Ministry of Agriculture and Rural Development issues the Circular No. 39/2018/TT-BNNPTNT on providing guidance on inspection of food safety and quality of imported salt under authority of the ministry of agriculture and rural development.

Accordingly, importers shall make self-declaration for imported salt. Self-declaration form has to meet these requirement:

- For import of refined salt: The self-declaration form that the imported salt is conformable with the National Standard TCVN 9639:2013 – Refined sodium chloride and the National Technical Regulation QCVN 8-2:2011/BYT.

Inspecting authorities shall base on the Self-declaration and the Certification or inspection results given by duly registered or accredited certification bodies to allow the import or not.

In addition, this Circular gives the specific instruction on Application for inspection; procedure of inspection and import salt products…

BY 2030, REMOTE SENSING IMAGE DATA
SHALL COVER ALL OVER VIETNAM’S TERRITORY

On February 1, 2019, the Prime Minister issues the Decision No. 149/QD-TTg on approving the Strategy for development of national remote sensing up to 2030, with a vision toward 2040.

Accordingly, the Prime Minister carries out the goal on building and developing a remote sensing image data receiving system toward 2030, with the vision toward 2040. To be specific:

data are updated annually while  super-high-resolution remote sensing image data of Vietnam’s territory are updated every five years and of urban areas are updated every year;

- To buy remote sensing data from overseas if necessary to serve socio-economic development;

- To incorporate remote sensing data received at stations and from other sources into the national remote sensing image database…

This Decision takes effect on the signing date.

CASE OF EXEMPTION FOR LICENSING
TO IMPORT VETERINARY DRUG

On November 15, 2018, the Ministry of Agriculture and Rural Development issues the Circular No. 18/2018/TT-BNNPTNT on amending and repealing some articles of the Circular No. 13/2016/TT-BNNPTNT dated June 02, 2016 of the Minister of Agriculture and Rural Development on veterinary drug management.

to Manufacture Veterinary Drugs and is still effective, its manufacturing process shall not necessary to be re-evaluated.

In addition, this Circular also amends and supplement a number of regulation on Application of the methods for testing veterinary drugs and State testing of quality of imported veterinary drugs…

This Circular takes effect on February 14, 2019.
 

TO PILOT GRANT OF E-VISAS FOR FOREIGNERS
FROM 35 COUNTRIES ENTERING VIETNAM

On February 1, 2019, the Government issues the Decree No. 17/2019/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 07/2017/ND-CP of January 25, 2017, prescribing the order and procedures for pilot grant of e-visas for foreigners entering Vietnam.

Besides, this Decree also  supplement the list of border gates which permit foreigners’ entry into and exit ;from Vietnam with e-visas, the list includes Tay Trang International Border Gate (Dien Bien province); La Lay International Border Gate (Quang Tri province); Duong Dong Port Border Gate (Kien Giang province); Chan May Port Border Gate (Thua Thien - Hue province)…

This Decree takes effect on February 01, 2019.