Legal Document Updates in English (10/2013)

                                                            No. 10 (110) – MARCH, 2013

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NUMBER

TITLE

 

In This Updates:

TRANSPORTATION

 

TRANSPORTATION

1

04/CT-TTg

Directive No. 04/CT-TTg dated March 08, 2013 of the Prime Minister on strengthening management in production, business and use of helmets when joining traffic

 

Seriously handling the business of fake helmets

Page 2

2

356/QD-TTg

Decision No. 356/QD-TTg dated February 25, 2013 of the Prime Minister approving the adjustment on Vietnam road transport development scheme to 2020 and orientation towards 2030

 

By 2020, there will be 3.2 – 3.5 million automobiles

Page 2

INSURANCE

 

INSURANCE

 

3

358/QD-TTg

Decision No. 358/QD-TTg dated February 27, 2013 of the Prime Minister on amending and supplementing some of articles of the Decision No. 315/QD-TTg dated March 01, 2011 of the Prime Minister on the pilot implementation of agricultural insurance during 2011- 2013

 

Raising the support of insurance premiums up to 90%

Page 2

AGRICULTURE - FOREST

 

AGRICULTURE - FOREST

 

4

14/2013/TT-BNNPTNT

Circular No. 14/2013/TT-BNNPTNT dated February 25, 2013 of the Ministry of Agriculture and Rural Development regulation on issuing eligible certificate for production and trading of plant protection medicines

 

Selling plant protection medicines must be approved by communal-level local authority

Page 3

5

11/2013/TT-BNNPTNT

Circular No. 11/2013/TT-BNNPTNT dated February 06, 2013 of the Ministry of Agriculture and Rural Development on promulgating the list of protected plant species

 

Promulgating the list of protected plant species

Page 3

 

SUMMARY:

Ü TRANSPORT


SERIOUSLY HANDLING THE BUSINESS OF FAKE HELMETS
 

This is the significant regulation under the Directive No. 04/CT-TTg dated March 08, 2013 by the Prime Minister on strengthening management in production, business and use of helmets when joining traffic.

In order to correct the situation that appearing many kinds of fake helmets; helmets with colors, designs improper with regulation, bad quality on the market, failing to meet requirement in protection for users. The Prime Minister directs to seriously handle the production, import and business of helmets which are not assured on quality, have unclear origin.

Accordingly, People’s Committee of provinces and centrally-run cities shall direct the attached function forces in inspection, handling involving facilities doing business of fake helmets, illegal imported helmets, helmets improperly with regulations, failing to assure quality.  Having measures to handle immediately against the wide-spreading helmets sale on roads, pavements which obstruct traffic

 

 and make landscape not beautiful. The Ministry of Industry and Trade shall assume the prime responsibility for directing, guiding localities in strengthening the market management, inspection, examination of helmet production, import and business in accordance with regulation. Expeditiously building and holding inspection at facilities doing helmet business, seriously handling cases of violation as prescribed by law…

Besides, the Prime Minister also requests that the National Traffic Safety Committee shall coordinate with Ministries, sectors, localities, mass organizations and communication agencies in organization of propagation, campaigns for the persons joining in traffic to wear helmet properly with specification, with clear origin; fail to wear helmet with form nature, purpose just for responding regulation.

This Directive takes effect on the signing date.


BY 2020, THERE WILL BE 3.2 – 3.5 MILLION AUTOMOBILES
 

Stemming from the viewpoint that prioritizing the development of road traffic is to create the premise and motivation for socio-economic development, satisfying requirements for industrialization and modernization; On February 25, 2013, the Prime Minister issued the Decision No. 356/QD-TTg approving the adjusted planning for road traffic development in Vietnam by 2020, and the orientation towards 2030.

Orienting vehicle development in this Plan is that by 2020, there will be 3.2 – 3.5 million automobiles, 57% of which is cars, 14% is buses, and 29% is trucks. Gradually eliminate the vehicles that are not suitable for traffic infrastructure. Besides, there will be 36 million motorbikes by 2020; the growth in quantity of motorbikes is reduced by using administrative, economic, and technical measures…

 

For orienting transport development, by 2020, the amount of passenger transport averagely is estimated to grow 11% per year, the amount of passenger in circulation grows 8.6% per year; the amount of cargo transit averagely grows 8.3% per year, the amount of cargo in circulation grows 7.44% per year; Public passenger transport satisfy 25% of demand in Hanoi and 15% of demand in Ho Chi Minh city…

To ensure traffic safety, one of the important objectives is to reduce 5% to 10% of accidents and casualties due to traffic accidents every year.

This Decision takes effect on the signing date, and supersedes the Decision No. 1327/QD-TTg dated August 24, 2009. The contents at odds with this Decision are annulled.

Ü  INSURANCE


RAISING THE SUPPORT OF INSURANCE PREMIUMS UP TO 90%
 

This is the content regulated under the Decision No. 358/QD-TTg dated February 27, 2013 of the Prime Minister on amending and supplementing a number of articles of the Decision No. 315/QD-TTg, dated March 01, 2011 of the Prime Minister on the pilot provision of agricultural insurance during 2011- 2013.

Under this Decision, the Prime Minister decides to raise the insurance premiums for farmer households and farmers living just above the poverty line that participate in agricultural insurance up to 90% (the previous regulation is 80%). Other subjects producing agriculture that participate in agricultural insurance still enjoy as prescribed under the previous regulation. Specifically, supporting 100% of insurance premiums for poor farmer households and individuals; 60% of insurance premiums for farmer households, individuals living just above the poverty line; 20% of insurance premiums for agricultural production organizations…Besides, farmer households, farmers, organizations that participate in agricultural insurance for domestic animals according to this Decision still are enjoyed support mechanisms

 

and policies under the Decision No. 719/QD-TTg, of June 05, 2008, of the Prime Minister on the support policy for prevention, combat of epidemic disease of cattle, poultry; Decision No. 142/2009/QD-TTg, of December 31, 2009, of the Prime Minister on mechanism, policies of support of plant varieties, livestock, fisheries for production restoration of areas damaged by natural disasters, epidemics.

Based on the actual insurance compensation level, the President of the People’s Committee of provinces, cities in pilot localities shall decide the specific level to directly support for farmer households, farmers, organizations, ensuring total of insurance compensation levels and direct support levels in principle not exceeding the economic value of domestic animals at time of domestic animal damage.

This Decision takes effect on the signing date

Ü AGRICULTURE - FOREST


SELLING PLANT PROTECTION MEDICINES MUST BE APPROVED
BY COMMUNAL-LEVEL LOCAL AUTHORITY
 

This is one of the contents under the Circular No. 14/2013/TT-BNNPTNT dated February 25, 2013 by the Ministry Of Agricultural and Rural Development stipulating the granting of eligible Certificate of production and trading of plant protection medicines.

Specifically, the store selling plant protection medicines must be approved by communal-level local authority, with clear and stable address, owned by the facility owner or with legal house leasing contract of at least 01 year in case of location leasing for store; Having area in line with business scale of at least 5 square meter. It must be a 4-grade house or higher, located at a high, clean, well-ventilated place and located away from rivers, lakes, canals at least 10 meters and reinforced by embankments to ensure anti-erosion, the store floor must be high and un-flooded.

Besides, location of workshop and warehouse outside the industrial park must be approved by the local authority from communal-level or higher level; located far away from schools, offices, hospitals and markets for at least 200 meters; ensure requirements on power and water supply, drainage, pollution and traffic. The finished product in the

 

warehouse must be arranged tidily and reasonably. The goods must be arranged on the shelf at least 10 centimeters from the ground and 20 centimeters from the wall. The main walkway is 1.5 meters minimally to facilitate the fire-fighting activities, inspection and supervision.

Besides, the Circular also regulates specific conditions on human resources for trading establishment of plant protection medicines. Specifically, the direct manager of the store must have certificate of plant protection medicines trading practice granted by Provincial Sub-Department of plant protection. The person directly selling products is trained on plant protection medicines organized by Provincial Sub-Department of plant protection or has intermediate graduation diploma from specialized cultivation, plant protection, biology, agricultural pedagogy or higher.

This Circular takes effect on April 11, 2013 and annuls Article 5 of the Regulation on the granting of Certificate of practice of production, processing, bottling, packaging and trading of plant protection medicines issued together with Decision No. 97/2008/QD-BNN dated October 06, 2008.


PROMULGATING THE LIST OF PROTECTED PLANT SPECIES
 

On February 06, 2013, the Ministry of Agriculture and Rural Development issued the Circular No. 11/2013/TT-BNNPTNT the list of protected plants.

 

Under the Circular, there are 21 protected plant species including: bottle gourd, water morning glory, pineapple, sunflower, Indian taro, cactus….
This Circular takes effect on March 22, 2013

 

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