Legal Document Updates in English (09/2011)

ESTABLISHING THE ADMINISTRATIVE PROCEDURE CONTROL DEPARTMENT
UNDER THE GOVERNMENT OFFICE
 

On November 22, 2010, the Prime Minister issued the Decision No. 74/2010/QD-TTg defining the functions, tasks, powers and organizational structure of the Administrative Procedure Control Department under the Government Office

The administrative procedure control agency defined in Clause 1, Article 5 of the Government's Decree No. 63/2010/ND-CP of June 8, 2010, on controlling administrative procedures (below referred to as Decree No. 63/ 2010/ND-CP), is a unit of the Government Office, namely the Administrative Procedure Control Department. The Administrative Procedure Control Department is tasked to assist the Minister-Director of the Governor Office (below referred to as the Minister-Director) in advising the Government and the Prime Minister on the control of administrative procedures; to organize administrative procedure control activities and manage the national database on administrative procedures nationwide according to law.

The Administrative Procedure Control Department shall perform the following tasks and exercise powers to assist the Minister-Director in the following tasks: drafting legal documents concerning administrative procedures as assigned by competent authorities for submission to the Minister-Director for decision or subsequent submission to the Government or the Prime Minister for consideration anddecision;

reviewing and evaluating administrative procedures and handling administrative procedure review and assessment results; receiving and handling individuals' and organizations' feedbacks and proposals on administrative regulations related to people's business and daily -life activities.

As per structural organization, the Administrative Procedure Control Department has 4 sections and an office such as the Section for Control of Administrative Procedures in General Economic Domains.; the Section for Control of Administrative Procedures in Specialized Economic Domains; the Section for Control of Administrative Procedures in Science, Education, Culture and Social Domains; the Section for Control of Administrative Procedures in Internal Affairs and the Office.

The Administrative Procedure Control Department has a director and at most 3 deputy directors. The Minister-Director shall appoint, dismiss and relieve from post the director, deputy directors and sectional leaders of the Administrative Procedure Control Department according to law.

This Decision takes effect on January 6, 2011.

APPROVING THE SCHEME ON RESTRUCTURING VINASHIN
 

On November 18, 2010, the Prime Minister, Mr. Nguyen Tan Dung signed the Decision No. 2108/QD-TTg approving the Scheme on restructuring the Vietnam Shipbuilding Industry Group (Vinashin).

Restructuring duration: 2011-2013 in order to early stabilize the Group's production and business activities for it to step by step consolidate its prestige and brand, reduce loss, earn profits, pay debts and accumulate capital for development; to concentrate on 3 major areas: building and repairing seagoing ships on an appropriate scale; allied industries for ship building and repair; and training to raise professional skills for employees and workers in the shipbuilding industry; to develop the Group as the core of the shipbuilding and repair industry which will be a spearhead in the development of the maritime economy and the implementation of Vietnam's marine strategy through 2020 and afterward.

According to the Scheme, the Vietnam Shipbuilding Industry Group will, after being restructured, become a consortium of enterprises operating in the ship building and repair industry, allied industries and training activities to serve the ship building and repair industry and having close and long-term relations with one another in terms of

economic interests, technology and market, including a parent company, subsidiaries, affiliated companies and non-business units operating under law and their organization and operation charters.
The parent company and member units will have the legal person status and their own capital and assets; and have the rights to possess, use and dispose of their assets as prescribed by law and agreed upon within the Group. The parent company will be a one-member limited liability company in which the State holds 100% of charter capital. There are 15 subsidiaries: Nam Trieu Shipbuilding Industry Corporation; Bach Dang Shipbuilding Industry Corporation; PhaRung Shipbuilding Industry Corporation; Ha Long Shipbuilding Company; Cam Ranh Shipbuilding Company; Sai Gon Shipbuilding and Maritime Industry Company; Bach Dang Diesel Engine Manufacturing Company and so on. There are two joint-stock companies: Sejin-Vinashin Limited Liability Company and Songsan-Vinashin Limited Liability Company; affiliated companies: Huyndai-Vinashin Shipyard Limited Liability Company; two non-business unitts including Shipbuilding Science and Technology Institute and Vinashin Vocational College.

This Decision takes effect on the date of its signing.

13 CASES ELIGIBLE FOR TAX REFUND CONSIDERATION
 

On December 06, 2010, the Ministry of Finance issued the Circular No. 194/2010/TT-BTC guiding customs procedures; customs inspection and supervision; import duty, export duty and tax administration applicable to imports and exports.

This is the general guiding document collecting all the custom professional operations for imports, exports and goods in transit; and means of transport on entry, exit or in transit basing on current regulations in order to create favor conditions for import and export activities.
This Circular regulates in details 13 cases eligible for tax refund consideration such as imports for which import duty has been paid but which are still in warehouses or storing yards under customs supervision and permitted for re-export; exports or imports for which export or import duty has been paid but actually are not exported or imported; goods for which export or import duty has been paid but have been actually exported or imported in smaller quantities and Goods imported for delivery or sale to foreign parties by Vietnam-based agents; goods imported for sale to foreign companies’ vehicles or vessels on international routes through Vietnamese ports and Vietnamese vehicles or vessels on international routes under the Government’s regulations;

Exports and imports currently under customs supervision which are damaged or lost as assessed and certified by competent agencies or organizations may be considered for tax reduction corresponding to the rate of their actual damage.

Tax is exempted for 21 cases as follow: Goods temporarily imported for re-export or temporarily exported for re-import for participation in trade fairs, exhibitions or product displays; goods being movable assets of Vietnamese or foreign organizations and individuals brought into or from Vietnam within prescribed limits; Imports or exports of foreign organizations and individuals enjoying diplomatic privileges and immunities in Vietnam;  Domestically unavailable materials, supplies and semi-finished products imported for production under investment projects in border-gate economic zones are exempt from tax; Goods imported for sale at duty-free shops and so on.

This Circular takes effect on January 20, 2011, and replaces the Finance Ministry’s Circulars No. 79/2009/TT-BTC of April 20, 2009, and previous guiding documents which are contrary to this Circular.

THE PLAN ON THE FREQUENCY BAND OF 2500-2690 MHZ
FOR VIETNAM'S IMT MOBILE COMMUNICATION SYSTEM
 

This is the new Regulation of the Circular No. 27/2010/TT-BTTTT dated November 24, 2010 promulgating the plan on the frequency band of 2500-2690 MHz for Vietnam's IMT mobile communication system.

Accordingly, the sections of 2570-2575 MHz and 2615-2620 MHz are reserved for protective band between operators using FDD and operators using TDD;
Organizations and individuals may not use and deploy more new radio equipment in the frequency band of 2500-2690 MHz;

Organizations and individuals currently allowed to use the radio communication system in the frequency band of 2500-2690 MHz not for the purposes specified in this plan may not continue getting a license extension and shall change use purposes or discontinue the use under regulations of the Ministry of Information and Communications.

THE PLAN ON THE FREQUENCY BAND OF 2300-2400 MHZ
FOR VIETNAM'S IMT MOBILE COMMUNICATION SYSTEM
 

On November 24, 2010, the Ministry of Information and Communications issued the Circular No. 26/2010/TT-BTTTT on promulgating the plan on the frequency band of 2300-2400 MHz for Vietnam'sIMT mobile communication system.

This plan is applicable to establishing the mobile communication systems up to IMT standard of the International Telecommuni­cations Union (ITU) in Vietnam in the frequency band of 2300-2400 MHz.

Accordingly, The frequency band of 2300-2400 MHz is reserved for IMT mobile communication system in Vietnam using the Time Division Duplex (TDD); The frequency band of 2300-2400 MHz is divided as follows: from 2300 MHz to 2330 MHz (Block A); from 2330 MHz to 2360 MHz (Block B); 2360 MHz to 2390 MHz (Block C) and from 2390 MHz to 2400 MHz Each operator of the IMT mobile communication system is entitled to any of the blocks A, B and C as specified in

the frequency band use license; the section of 2390-2400 MHz is reserved for the protective frequency band with radio systems in the frequency band of 2400-2483.5 MHz;

Operators of the IMT mobile communi­cation system licensed in the frequency band of 2300-2400 MHz shall coordinate with one another in using radio frequency and applying measures to prevent harmful interferences, including coordinated measures. Organizations and individuals may not use and deploy more new radio frequency equipment in the frequency band of 2300-2400 MHz; Organizations and individuals currently allowed to use the radio communication system in the frequency band of 2300-2400 MHz not for the purposes specified in this plan may not continue getting a license extension, and shall change use purposes or discontinue the use under regulations of the Ministry of Information and Communications.