Legal Document Updates in English (13/2019)

Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018 of the Ministry of Labor, War Invalids and Social Affairs on amendments and supplements to certain articles of decrees related to administrative procedures under the state management of Ministry of Labor, War Invalids and Social Affairs.

FOREIGN CURRENCY CONVERSION PROCEDURES
FOR PROJECTS GUARANTEED BY THE GOVERNMENT

On December 18, 2018, the State Bank of Vietnam issues the Circular No. 32/2018/TT-NHNN guiding the State Bank of Vietnam’s foreign currency conversion procedures for projects given the government undertakings to provide guarantee and assistance in foreign currency conversion.

Accordingly, foreign currency conversion procedures with regard to the foreign currency conversion guaranteed by the Government include 4 steps:

- Step 1: If the project enterprise/ investor is unable to carry out the foreign currency conversion on the market, within the time limit prescribed in the GGU shall determine and report the remaining VND amounts to be converted to the converting bank, accompanied by the invoice;

amount of foreign currency equivalent to the determined remaining VND amount to be converted;

- Step 3: The SBV shall examine the invoice and relevant documents, and sell foreign currency derived from the Fund for exchange rate stabilization and gold market management to the converting bank;

- Step 4: The converting bank shall sell foreign currency and transfer foreign currency amounts to the account No. 2 or an overseas account of the project enterprise or the investor.

Besides, this Circular also prescribes the foreign currency conversion procedures with regard to foreign currency conversion assisted by the Government.

INSPECTION ENTITIES OF SURVEY
AND MAPPING PRODUCTS HAVE THE RIGHT TO REFUSE TO INSPECT

On November 15, 2018, the Ministry of Natural Resources and Environment issues the Circular No. 24/2018/TT-BTNMT on prescribing the quality inspection, appraisal and acceptance test of survey and mapping products.

Accordingly, inspection entities of projects owners shall have those following rights:

- To refuse to certify products of inferior quality or products involving negative inspection opinions but not yet fully and thoroughly corrected;

- To propose project owners to speed up the performance progress for jobs prolonged…

In addition, this Circular also regulates on principles of quality inspection, appraisal and acceptance test of survey and mapping products…

This Circular takes effect on January 1, 2019.

PROCEDURES FOR INSPECTION
AND CLASSIFICATION OF GMP COMPLIANCE

The Ministry of Health issues the Circular No. 35/2018/TT-BYT good manufacturing practices for pharmaceutical products and pharmaceutical starting materials on November 22, 2018.

Accordingly, procedures for inspection and classification of GMP compliance includes:

- Step 1. The inspectorate shall publish the decision on inspectorate establishment, purposes, contents and plan for the inspection at the manufacturer;

TECHNICAL AND QUALITY REQUIREMENTS
ON MAINTENANCE OF RAILWAY INFRASTRUCTURE

On January 31, 2019, the Ministry of Transport issues the Circular No. 06/2019/TT-BGTVT on prescribing criteria for surveillance and acceptance testing of maintenance performance of national railway infrastructure in terms of maintenance quality, regime and procedures.

Accordingly, railway infrastructure must satisfy the following requirement:

- Steel bridge structure must be kept clean, must be painted to prevent it from rusting, must be coated and must prevent water from being trapped on it;

- Structures made of reinforced concrete, concrete and gravels must meet requirements that the expansion of cracks is within the permissible limit and must be checked and monitored regularly; the surface of these structures must have good drainage capacity;

FROM 2020, STICK ENERGY LABEL
ON NEW VEHICLES IS COMPULSORY

On December 17, 2018, the Ministry of Transport issues the Circular No. 59/2018/TT-BGTVT on guiding the energy labeling for domestically manufactured, assembled or imported motorcycles and motorbikes.

This Circular states the requirement that manufacturers or importers shall stick energy labels on vehicles on easy-to-spot positions before putting them for sale. Vehicle manufacturers, importers and traders shall keep energy labels stuck on vehicles until these vehicles are delivered to consumers.

At the same time, manufacturers or importers shall re-publicize information on fuel consumption rates and energy labeling when:

MANAGEMENT BOARD OF HOA LAC HI-TECH PARK
HAS NO MORE THAN 4 VICE CHAIRPERSONS

On February 15, 2019, the Prime Minister issues the Decision No. 09/2019/QD-TTg on functions, duties, rights and organizational structure of Hoa Lac Hi-Tech Park Management Board affiliated to the Ministry of Science and Technology.

Accordingly, the Management Board of Hoa Lac Hi-Tech Park has one Chairperson and no more than 4 Vice Chairpersons. The Chairperson and Vice Chairpersons shall be appointed, dismissed, suspended from work, and accepted to resign by the

PROHIBITION OF PLANTING PERENNIALS
WITHIN 150-METER AROUND REMOTE SENSING INFRASTRUCTURE

Decree No. 03/2019/ND-CP on remote sensing activities is approved by the Government on January 4, 2019.

Accordingly, safety corridor of remote sensing image data acquisition infrastructure shall extend within the distance equaling the 150-meter radius from the center point of a satellite dish.

Protection of safety corridors of remote sensing image data acquisition infrastructure shall be conducted as follow: