Legal Document Updates in English (14/2011)

FROM MAY 15, 2011, PILOT IMPLEMENTATION
ON ELECTRONIC CUSTOMS CLEARANCE

The Prime Minister issued the Decision No. 19/2011/QD-TTg on March 23, 2011 on on pilot implementation of commmodities declaration, related documents and electronic customs clearance for seagoing vessels on entrance or exit Vietnam.

Pilot subjects comprise: Vietnamese seagoing vessels, foreign seagoing vessels on entrance or exit; the shipping firms, shipping agencies and logistics companies; the Customs department at border ports or seaports; Marine Port authorities. The Minister of Finance shall decide the selection of specific subjects participating in the pilot performance.

Time and areas for pilot implementation: is from 2011 to 2012. In the 2011-2012

period: implementation at the sea ports of Hai Phong city, Da Nang city, Ho Chi Minh City and Ba Ria-Vung Tau province; and in 2012: extending the implementation to seaports in the following provinces: Quang Ninh, Quang Ngai, Binh Dinh, Khanh Hoa, and Can Tho city.

The time limit for providing information about the declaration of imported goods, house bill of lading: within 12 hours for seagoing vessels that have journey lasting less than 05 days, not later than 24 hours for seagoing vessels have other journey, before seagoing vessels docked as scheduled time.

ADJUSTING AVERAGE INCOME IN SETTING NORMS
ON POOR HOUSEHOLDS TWO TIMES

The Prime Minister issued the Decision No. 09/2011/QD-TTg dated January 30, 2011 on setting norms on poor households and households in danger of falling into poverty for the 2011-2015 period

Accordingly, a rural poor household is a household with each member earning an average income of up to VND 400,000 per month (or VND 4,800,000 per year); an urban poor household is a household with each member earning an average income of up to VND 500.000 per month (or VND 6,000,000 per year). So compared to the norms on poor households in 2006 – 2010 period (VND 200,000 per month with each member and VND 260,000 per month with each member), the average income in setting norms on poor households are adjusted too times.

The adjustment in average income in setting norms on poor households is

 as the useful technique in increasing price situations in necessary goods such as food, food products, health and so on. Besides, when the inflation rate is always high, this adjustment helps in not excluding poor households from objectives which receive beneficiaries.

As also mentioned in the Decision, a rural household in danger of falling into poverty is a household with each member earning an average income of between VND 401,000 and VND 520.000 per month;  an urban household in danger of falling into poverty is a household with each member earning an average income of between VND 501,000 and VND 650,000 per month.

OPENING UNIVERSITY, COLLEGE LEVEL TRAINING
DISCIPLINES AT EACH QUARTER

The Minister of the Ministry of Education and Training signed the Decision No. 1146/QD-BGDDT dated March 23, 2011 issuing provision on dossier handling process regard to registration for opening university, college level training disciplines at the Ministry of Education and Training.

After having opinion certifying real conditions of team of tenured lecturers, equipments for training, library from Department of Education and Training, opinion on training program of the evaluation council of training program, training centers, who register for opening training disciplines, sends 03 sets of registration dossiers of opening university, college level training disciplines, having attached files of documents in CD disk to one-door section of the Office of Ministry of Education and Training. The one-door section of the Ministerial Office is responsible for receiving dossiers, examining the regular and writing 02 dossier receipts (Annex I), 01 receipt shall be transferred to the training center, 01 shall be included in dossier sending to Department of Education and Training. And concurrent sending documents files in CD disk to the Department of Information Technology for uploading to the website of Ministry of Education and Training for collecting opinions.

Time for dossier consideration of requesting for opening university, college level training disciplines is conducted in March, June, September and December annually. From the first to the fifth of the above mentioned months, Department of University Education forwards dossiers of training centers to the units taking part

 in dossier consideration. Within 30 working days, the units taking part in dossier appraising are responsible for dossiers investigation, comparision with current regulations, sending evaluation opinion in writing (Annex II) to Department of University Education for synthesizing.

If dossier of requesting for training permission of the training centers ensures conditions and fully meets requirements under provisions, Departments of University Education submit to Minister of Education and Training for issuing decision of opening university, college level training disciplines.

If dossier of requesting for training permission of the training centers fails to meet conditions, Department of University Education informs in writing about dossier’s status and suggests the training center to continue preparing conditions

Within 15 working days, since the date of completed dossier receiving, Department of University Education exams dossier, if dossier fully meets conditions as provided, Department of University Education submits to the leader of Ministry for issuing decision of opening university, college level training disciplines; if the training center still fails to meet conditions, Department of University Education reports to the leader of Ministry and sends notification official letter to the training center.

MAPS USED FOR FOREST ALLOCATION OR LEASE
BELONG TO THE VN-2000 SYSTEM

On January 29, 2011, the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment issued the Joint Circular No. 07/2011/TTLT-BNNPTNT-BTNMT guiding forest allocation and lease in association with forestland allocation and lease.

This Circular guides coordination between natural resources and environment agencies and ranger agencies under agriculture and rural development agencies (below referred to ranger agencies) in allocating or leasing forests in association with allocating or leasing forestland for the fir time; completing forest allocation or lea dossiers, completing cadastral dossiers in case forests have been allocated or leased but forestland has not yet been allocated or leased or certificates have not yet been granted.

In case land without forest is allocated or leased for forestry purposes or land use rights are recognized for current users of land with forests planted by themselves with non-state budget funds, the land allocation and lease and grant of certificates comply with the land law.

Maps used for forest allocation or lease and forestland allocation or lease   belong

to the VN-2000 system of reference of a 1:10,000 or 1:5,000 scale. When cadastral maps are available in localities, these maps must be used for forest allocation or lease and forestland allocation or lease.When cadastral maps are unavailable in localities, existing topographical maps of the largest scale will be for forest allocation or lease and forestland allocation or lease. In case existing maps do not belong to the VN-2000 system of reference, they must be converted into those belonging to such system before use.

After receiving dossiers of request for forest allocation or lease in association with forestland allocation or lease or dossiers o application for certificates, natural resources an environment agencies shall examine the dossier in terms of land allocation or lease condition and grant certificates under the land law; and concurrently send 1 set of such dossiers to rang-agencies of the same level for appraisal of fore allocation or lease conditions.

06 STEPS IN THE STRATEGIC ENVIRONMENTAL
ASSESSMENT IN PLANS

On January 27, 2011, the Ministry of Construction issued the Circular No. 01/2011/TT-BXD guiding the strategic environmental assessment in construction and urban plans. Accordingly, Strategic environmental assessment means the analysis and forecast of environmental impacts of construction plans before they are approved in order to put forth optimum options of the construction plans, ensuring sustainable development.

Individuals in charge of strategic environmental assessment or appraisal of strategic environmental assessment reports for construction plans must have university or higher degree in construction or technical infrastructure planning and work in the field of planning or environmental protection for at least 5 years; or in environment and work in the field of construction planning for at least 5 years. Individuals performing strategic environmental assessment shall coordinate with construction planning specialists in task formulation, performance of strategic environmental assessment contents and incorporation into construction plans; and take responsibility for the results of analyzing, calculating and forecasting environmental impacts.

The method of conducting strategic environmental assessment in a construction plan involves 06 (six) principal steps: conducting investigations, surveys, information collection, determination of strategic environmental assessment scope; identifying the objectives and main environmental issues related to construction planning; analyzing current environmental conditions and developments when the construction planning is not yet formulated; analyzing environmental developments when the construction planning is implemented; proposing overall solutions to minimize and redress environmental impacts; making a strategic environmental assessment report in the explanation of the construction plan.

This Circular takes effect on March 15, 2011 and replaces the Ministry of Construction's Circular No. 10/2000/TT-BXD of August 8, 2000, guiding the formulation of environmental impact assessment reports for construction plans.