Legal Document Updates in English (09/2019)

No. 09 (404) – MARCH, 2019

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

01/2019/TT-NHNN

Circular No. 01/2019/TT-NHNN dated February 01, 2019 of the State Bank of Vietnam on amendments to the Circular No. 30/2015/TT-NHNN on licensing, organization and operation of non-bank credit institutions

 

To amend a number of regulation related to non-bank credit institutions

Page 2

2

52/2018/TT-NHNN

Circular No. 52/2018/TT-NHNN dated December 31, 2018 of the State Bank of Vietnam on prescribing credit rating of credit institutions and foreign bank branches

 

Instruction for rating of credit institutions and foreign bank branches

Page 2

3

42/2018/TT-BNNPTNT

Circular No. 42/2018/TT-BNNPTNT dated December 28, 2018 of the Ministry of Agriculture and Rural Development on repealing the Circular No. 31/2016/TT-BNNPTNT on order of using investment capital, buying property, goods and services to maintain regular activities…

 

To repeal the Circular No. 31/2016/TT-BNNPTNT

Page 2

POLICY

 

POLICY

4

18/2019/ND-CP

Decree No. 18/2019/ND-CP dated February 01, 2019 of the Government on management and clearance of unexploded ordnance

 

UXO victims shall be supported with job and social protection

Page 2

AGRICULTURE – FOREST

 

AGRICULTURE – FOREST

5

501/QD-BNN-BVTV

Decision 501/QD-BNN-BVTV dated February 12, 2019 of the Ministry of Agriculture and Rural Development on removal of agrochemicals containing Chlorpyrifos Ethyl and Fipronil from the list of permissible agrochemicals in Vietnam

 

To remove more than 100 agrochemicals from the list of permissible agrochemicals

Page 3

6

35/2018/TT-BNNPTNT

Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018 of the Ministry of Agriculture and Rural Development on amendments to the Circular No. 25/2016/TT-BNNPTNT

 

Instruction on testing quarantine of terrestrial animal products imported

Page 3

7

38/2018/TT-BNNPTNT

Circular No. 38/2018/TT-BNNPTNT dated December 25, 2018 of the Ministry of Agriculture and Rural Development on prescribing assessment and certification of compliance with food safety regulations of agro-forestry-fishery food manufacturing and trading businesses…

 

Maximum frequency rate of assessment serving periodic evaluation of food production is 18 months

Page 3

SUMMARY:

Ü FINANCE – BANKING

TO AMEND A NUMBER OF REGULATION
RELATED TO NON-BANK CREDIT INSTITUTIONS

The State Bank of Vietnam issues the Circular No. 01/2019/TT-NHNN on amendments to the Circular No. 30/2015/TT-NHNN dated December 25, 2015 by the Governor of the State Bank of Vietnam on licensing, organization and operation of non-bank credit institutions on February 01, 2019.

To be specific, this Circular amend Point a Clause 4 Article 14 on Applications for licensing as follow:

 

“CV made using the form provided in the Appendix No. 02 enclosed herewith; Criminal records:

Regarding a Vietnamese national: The criminal record must be issued by the agency managing criminal record database and contain sufficient information about criminal records (including the criminal records that have been or not been expunged) and prohibition from holding certain positions, incorporation and management of enterprises and cooperatives…”

This Circular takes effect on March 20, 2019.

INSTRUCTION FOR RATING OF
CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES

On December 31 2018, the State Bank of Vietnam issues the Circular No. 52/2018/TT-NHNN on prescribing credit rating of credit institutions and foreign bank branches.

Accordingly, after determination of scores of qualitative indicators based on regulations, credit institutions and foreign bank branches will be subject to the further score deduction on conditions that the subtrahend point is not greater than 0.9 according to the following principles:

- In case of being in breach of a legislative regulation multiple times, credit institutions or foreign bank branches will get 0.1 point deducted from total score as a penalty for each violation (applicable to the second or subsequent violation);

- In case of committing repeated violation against different legislative regulations, credit institutions or foreign bank branches will get 0.1 point deducted from total score as a penalty for each violation (applicable to the second or subsequent violation);

Principles of rating are:

- For violations detected in a credit rating year:
 

+ As regards violations for which amounts of fine are regulated in the Decree prescribing administrative penalties in the currency and banking sector: if the average amount of fine for a violation is either less than or equal to VND 100 million - 4 score;  if the average amount of fine for a violation is either less than or equal to VND 200 million, and is greater than VND 100 million - 3 score; if the average amount of fine for a violation is either less than or equal to VND 300 million, and is greater than VND 200 million - 2 score; if the average amount of fine for a violation is greater than VND 300 million - 1 score.

+ In case of committing other violations, credit institutions or foreign bank branches will be given the score of 4;

+ In case of committing violations against different regulations (in the same subgroup of qualitative indicators) which result in them being giving different scores, credit institutions and foreign bank branches will have to get the lowest score amongst the above-mentioned scores;

In addition, this Circular gives details on credit rating materials and set of criteria for rating…

This Circular takes effect on April 01, 2019.


TO REPEAL THE CIRCULAR NO. 31/2016/TT-BNNPTNT

On December 28, 2018, the Ministry of Agriculture and Rural Development issues the Circular No. 42/2018/TT-BNNPTNT on repealing the Circular No. 31/2016/TT-BNNPTNT.

Accordingly, repeal the repeal the Circular No. 31/2016/TT-BNNPTNT dated October 05, 2016 of the Minister of Agriculture and Rural Development on order of using investment capital, buying property, goods and services to maintain regular activities;
 

handle state property at administrative agencies, public business units under the management of the Minister of Agriculture and Rural Development.

This Circular takes effect on February 11, 2019.

Ü POLICY

UXO VICTIMS SHALL BE SUPPORTED
WITH JOB AND SOCIAL PROTECTION

On February 01, 2019, the Government issues the Decree No. 18/2019/ND-CP on management and clearance of unexploded ordnance.

One of the remarkable contents of this Decree is the regulation for UXO victims to receive healthcare and insurance supports and be entitled to the medical insurance policy; receive supports for their orthopedic surgeries and rehabilitation treatments; receive supports for educational and vocational trainings and be given jobs; citizens of UXO-contaminated areas shall receive supports for resettlement and economic development; be entitled to state policy on the disabled…

 

Simultaneously, the victims’ children who are considered as poor and near-poor households or have extremely difficult conditions shall be given scholarships and money for buying school supplies.

Besides, this Decree also carries out the regulation of prohibiting the organizations and individuals that are not assigned to perform the above-mentioned investigation, survey, detection and clearance from collecting, transporting and disposing UXO and selling and purchasing materials and wastes after disposing the weapons thereof, except for military and safety activities.

This Decree takes effect on March 20, 2019.

Ü  AGRICULTURE – FOREST

TO REMOVE MORE THAN 100 AGROCHEMICALS
FROM THE LIST OF PERMISSIBLE AGROCHEMICALS

OOn dated February 12, 2019, the Ministry of Agriculture and Rural Development issues the Decision 501/QD-BNN-BVTV on removal of agrochemicals containing Chlorpyrifos Ethyl and Fipronil from the list of permissible agrochemicals in Vietnam.

Accordingly, remove 172 pesticides and 05 termiticides contain Chlorpyrifos Ethyl from the list of permissible agrochemicals in Vietnam. To be specific:



 

- Pesticides:  Fultoc super 550EC, Sacophos 550EC, Acek 50EC, Cây búa vàng” 190EC, Paragon 555EC, Phesoltinfos 25EC...

- Termiticides: Fugonsin 500EC, Lenfos 50EC, Landguard 40EC, MAP Sedan 48EC, Termifos 500EC.

In addition, this Decision also remove Substances for seed treatment contain Fipronil from the list of permissible agrochemicals.

This Decision takes effect on February, 12, 2019.


INSTRUCTION ON TESTING QUARANTINE
OF TERRESTRIAL ANIMAL PRODUCTS IMPORTED

On December 25, 2018, the Ministry of Agriculture and Rural Development issues the Circular No. 35/2018/TT-BNNPTNT on amendments to some articles of the Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development.

Accordingly, the quarantine of terrestrial animal products imported used for processing of exports shall cover:

- Inspection of quarantine dossier and Health Certificate issued by the competent animal health authority of the exporting country to shipments;

- Inspection of status of goods;

- Collection of samples for testing for pathogens:
 

+ Regarding chicken meat, duck meat, goose meat and edible offal of chickens, ducks and geese: test for pathogens causing highly pathogenic avian influenza (H5-, H7-);

+ Regarding pork and edible offal of pigs: test for pathogens causing leptospirosis, trichinellosis and African swine fever (regarding countries and territories facing diseases);

+ Regarding meat of bovine animals, sheep or goats and edible offal of bovine animals, sheep or goats: test for pathogens causing leptospirosis.

Sampling frequency and number of samples taken for inspection: 03 samples shall be taken from one of every 06 shipments for inspection…

This Circular takes effect on February 10, 2019.

MAXIMUM FREQUENCY RATE OF ASSESSMENT SERVING
PERIODIC EVALUATION OF FOOD PRODUCTION IS 18 MONTH

On December 25, 2018, the Ministry of Agriculture and Rural Development issues the Circular No. 38/2018/TT-BNNPTNT on prescribing assessment and certification of compliance with food safety regulations of agro-forestry-fishery food manufacturing and trading businesses under the management of Ministry of Agriculture and Rural Development.

To be specific, regulations on the frequency rate of assessment serving periodic evaluation purposes shall be applied to agro-forestry-fishery food production and trading businesses as follows:

-  Rank-A businesses: 1 time/ 18 months;
 

- Rank-B businesses: 1 time/ 12 months;

- Rank-C businesses: The time of re-assessment shall vary depending on the degree of defect of each business subject to the assessment and must be decided by the assessment body provided that such re-assessment is made at the time after 3 months from the time of the assessment giving them the rank C. If the time of the assessment coincides with the farming season that has already been completed, the re-assessment shall commence at the beginning of the succeeding season.

This Circular takes effect on February 07, 2019.

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82 -  Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
                       Tel: (024) 37833688  - Fax: (024) 37833699
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
                       Tel: (
028) 399 507 24 - Fax: (028) 399 507 27
Email: [email protected]

 

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.

Rate:
(0 rated)
For further support, please call 19006192

SAME CATEGORY

See more