Legal Document Updates in English (14/2013)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE - CHARGE

1

39/2013/TT-BTC

Circular No. 39/2013/TT-BTC dated April 09, 2013 of the Ministry of Finance amending, supplementing preferential import tax rate for the commodity Hydrogen Peroxyt

 

From May 24, apply the import tax rate of 3% for Hydrogen Peroxyt

Page 2

2

37/2013/TT-BTC

Circular No. 37/2013/TT-BTC dated April 04, 2013 of the Ministry of Finance promulgating the level of collection, payment, management and use of fees and charges in livestock-breeding

 

Import tax fees for live-stock breeding is VND 120,000/once/01 bread

Page 2

3

36/2013/TT-BTC

Circular No. 36/2013/TT-BTC dated April 04, 2013 of the Ministry of Finance guiding the regime of road toll collection, payment, management and use at My Loc toll station,

 

Double the road toll collection at My Loc toll station (Nam Dinh)

Page 2

NATURAL RESOUCRES – ENVIRONMENT

 

NATURAL RESOUCES - ENVIRONMENT

 

4

35/NQ-CP

Resolution No. 35/NQ-CP dated March18, 2013 of the Government on some urgent problems in environment protection

 

Strengthen environmental protection in industrial zones

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

 

5

11/2013/TT-BYT

Circular No. 11/2013/TT-BYT dated April 08, 2013 of the Ministry of Health guiding the appointment for conformity certification organization for packed and processed foods; addictives;

 

Conformity certification organization must have at least 5 specialists

Page 3

6

10/2013/TT-BYT

Circular No. 10/2013/TT-BYT dated March 29, 2013 of the Ministry of Health amending and supplementing the number of Articles of the Circular No. 02/2007/TT-BYT dated

 

Pharmaceutical practice certificates are required for drug-dealing

Page 3

SCIENCE – TECHNOLOGY

 

SCIENCE - TECHNOLOGY

 

7

07/2013/TT-BKHCN

Circular No. 07/2013/TT-BKHCN dated March 08, 2013 of the Ministry of Science and Technology promulgating principles, forms and contents of corporation

 

Principles on corporation documents in science and technology

Page 4

INFORMATION – COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

 

8

19/2013/QD-TTg

Decision No. 19/2013/QD-TTg dated April 02, 2013 of the Prime Minister issuing the regulation on supply, management, use of Cospas-Sarat Beacon data and receipt,

 

Free cospas-sarat emergency alert information

Page 4

INDUSTRY

 

INDUSTRY

 

9

06/2013/TT-BCT

Circular No. 06/2013/TT-BCT dated March 08, 2013 of the Ministry of Industry and Trade promulgating the content, order, procedure, appraisal and approval for wind power development planning

 

Regulations on wind power development planning

Page 4

 

SUMMARY:

Ü TAX – FEE - CHARGE


FROM MAY 24, APPLY THE IMPORT TAX RATE OF
3% FOR HYDROGEN PEROXYT
 

On April 09, 2013, the Ministry of Finance issued the Circular No. 39/2013/TT-BTC amending, supplementing preferential import tax  rate for the commodity Hydrogen Peroxyt in the heading 2847.00.10 at the Preferential import tariff attached with the Circular No. 193/2012/TT-BTC dated November.

 

At this Circular, the Ministry of Finance applies  preferential import tax  rate of 3% for Hydrogen Peroxyt (instead of the import tax  rate of 0% as previous regulations). But the Hydrogen Peroxyt in other forms shall in the tax rate of 0% as before.

This Circular takes effect on May 24, 2013.


IMPORT TAX FEES FOR LIVE-STOCK BREEDING IS
VND 120,000/ONCE/01 BREAD
 

On April 04, 2013, the Ministry of Finance issued the Circular No. 37/2013/TT-BTC promulgating the level of collection, payment, management and use of fees and charges in livestock-breeding.

At this Circular, when Vietnamese and foreign organizations or individuals have proposal application to state management agencies or organizations, individuals which are assigned to issue license in the livestock-breeding by competent state agencies, they must pay fees in accordance with regulations. The specific levels are as follows: grant the permit for export and import of sperm and

 

germ of livestock breed is VND 120,000/once/ 01 breed; grant the permit for register of livestock feeds produced domestic in the list of livestock feeds allowed to circulate in Vietnam is VND 120,000 Once / 01 code register/01 product and so on.

Besides, the Ministry of Finance also promulgates the charges to inspect and assess on quality of consignment of export and import livestock feeds collecting by 0.095% of value of consignment (but not less than 285,000 dong, and not more than 9,500,000 dong).

This Circular takes effect on June 01, 2013.


DOUBLE THE ROAD TOLL COLLECTION AT
MY LOC TOLL STATION (NAM DINH)
 

On April 04, 2013, the Ministry of Finance issued the Circular No. 36/2013/TT-BTC guiding the regime of road toll collection, payment, management and use at My Loc toll station, Nam Dinh province.

According to this Circular, Cars of under 12 seats, trucks of a tonnage of under 2 tons and mass transit buses: 20,000 VND/ticket/trip; 600.000 VND/ticket/month and 1.600.000 VND/ticket/quarter; Cars of between 12 and 30 seats, trucks of a tonnage of between 2 tons and under 4 tons: 30,000 VND/ticket/ trip; 900.000 VND/ticket/month and 2.400.000VND/ticket/quarter, Cars of 31 seats or more; trucks of a tonnage of between 4 and under 10 tons: 44,000

 

VND/ticket/ trip; 1.300.000/ticket/month and 3.600.000 VND/ticket/quarter; Trucks of a tonnage of between 10 and under 18 tons and 20ft-container lorries: 80,000 VND/ticket/trip; 2.400.000 VND/ticket/month and 6.400.000 VND/ticket/quarter; Trucks of a tonnage of 18 tons or over and 40 ft-container lorries:  160,000 VND/ticket/trip; 4.800.000 VND/ticket/month and 13.000.000 VND/ticket/quarter.

All above charges are doubled compared with previous regulations.

This Circular takes effect on June 01, 2013 and replaces the Circular No. 10/2010/TT-BTC dated January 18, 2010.

Ü NATURAL RESOUCES - ENVIRONMENT


STRENGTHEN ENVIRONMENTAL PROTECTION
IN INDUSTRIAL ZONES
 

This is the contents of the Resolution No. 35/NQ-CP issued by the Government on March 18, 2013 on some urgent problems in environment protection.

Accordingly, to resolve these matters and make a fundamental change in environment protection, the Government hereby requests all Ministries, ministerial agencies, Governmental agencies, provincial People’s Committees to fulfill the following tasks: enhance the environment protection work at industrial parks and industrial complexes; improve the investigations on environment protection requirements in strategies, planning, plans, and projects for development; focus on environment protection in mineral extraction; reduce environmental pollution in major cities and river basins

 

control strictly scrap’s import; prevent effectively ecosystem degradation and species reduction; raise the efficiency of state management of environment protection.

Vietnamese Fatherland Front and member organizations shall cooperate with local governments in encouraging the people to participate in environment protection; keep innovating methods to improve the quality and efficiency of the campaigns to encourage the community to participate in environment protection; intensifying the supervision and debate over the policies, measures, programs, and projects on environment protection; enable the people to exercise their rights and fulfill their responsibility to comply with the policies and laws on environment protection.

Ü MEDICAL - HEALTH


CONFORMITY CERTIFICATION ORGANIZATION MUST HAVE
AT LEAST 5 SPECIALISTS
 

On April 08, 2013, the Ministry of Health issued the Circular No. 11/2013/TT-BYT guiding the appointment for conformity certification organization for packed and processed foods; addictives; processing support addictives; packaging materials and equipments for having direct contact with foods.

At this Circular, appointed conformity certification organizations are required that they are established as prescribed by law, with activity function in the certification field; have registered and granted certificate of registration for certification operation by The Directorate for Standards, Metrology and Quality – The Ministry of Science and Technology as prescribed by law on product and goods quality and the assessment experts must have at least 05 assessment experts in official payroll (public employees or laborers who have signed contract with term of 12 months or more or non-term contract); having sufficient technical

 

documents, documents in conformity with regulations compulsorily apply to respective products and certification process in conformity with the respective technical regulations.

Besides, when organizations meeting requirements wish to participate in conformity certification activities for products, they may make registration dossiers and send 01 (one) set of dossier to the Food Safety Bureau, the Ministry of Health. Within 30 working days, after receiving a full and valid dossier, the receiver shall consider dossier, perform assessment on actual capability at facility (if necessary) and issue a appointment decision for the conformity certification organizations according to the form specified in Annex 4 issued with this Circular.  The effective time limit of decision on appointment does not exceed three (03) year.

This Circular takes effect on May 20, 2013


PHARMACEUTICAL PRACTICE CERTIFICATES ARE REQUIRED
FOR DRUG-DEALING
 

To update new points which are amended and supplemented at the Decree No. 89/2012/ND-CP dated October 24, 2012, the Ministry of Health issued the Circular No. 10/2013/TT-BYT dated March 29, 2013 amending and supplementing the number of Articles of the Circular No. 02/2007/TT-BYT dated January 24, 2007 of the Ministry of Health guiding in detail the implementation of a number of articles on drug-dealing conditions prescribed by the Pharmacy Law and the Government's Decree No. 79/2006/ND-CP dated August 9, 2006, detailing the implementation of a number of articles of the Pharmacy Law.

Accordingly, dossiers for grant, re-grant, extension, business scope supplementation of certificates of full satisfaction of drug-dealing conditions: dossiers for grant, re-grant, extension, business scope supplementation of certificates of full satisfaction of drug-dealing conditions; in case of grant, re-grant, extension, business scope supplementation of certificates of full satisfaction of drug-dealing conditions, if the drug-dealing facilities have been

 

issued the certificate of well practicing (GMP, GSP, GLP, GDP, GPP) in conformity with business form and scope, the respective technical documents are required authenticated copy or copy of the well practicing certificate with signature of owner or head of facility and seal for confirmation (for enterprise); in case of grant, re-grant, extension, business scope supplementation of certificates of full satisfaction of drug-dealing conditions (inter-issuance), if the drug-dealing facilities have not yet been issued the certificate of well practicing (GMP, GSP, GLP, GDP, GPP) in conformity with business form and scope, the technical documents.

To apply some content of principle, standard of “Good Pharmacy Practice” for retail facilities in roadmap of carrying out the Good practice (not yet compulsorily applied GPP). The business conditions of agents, medicine cabinet of medical stations, facilities retailing traditional medicines, medicines from pharmaceutical ingredients shall comply with the principles and standard of “good pharmacy practice”.

This Circular takes effect on May 14, 2013.

Ü SCIENCE - TECHNOLOGY


PRINCIPLES ON CORPORATION DOCUMENTS IN
SCIENCE AND TECHNOLOGY
 

On March 08, 2013, the Ministry of Science and Technology issued the Circular No.  07/2013/TT-BKHCN dated March 08, 2013 promulgating principles, forms and contents of corporation documents for foreign relationship in science and technology.

According to this Circular, Corporation document’s forms are corporation contract of science and technology; memorandum; agreement; corporation plan; corporation program; other forms as agreed by parties. Within that, the corporation contract on science and technology means agreement stipulating benefits, obligations and duties of parties in cooperation for science study, technology development study, provisions of services in activities of science study and technology development; the corporation agreement in science and technology means document providing for provisions of general commitments, coordination mechanism, and specific conditions binding legal liability applicable to concerned parties; the memorandum means document recording the initial

 

intention (not legally binding) as basis for parties to carry out next steps of corporation activities in science and technology and so on.

Each corporation document shall have different contents. For example, corporation contract of science and technology must have information of parties joining in contract; concepts and explanation of terms that are used in contract; objectives, content, scope, and results need attain; location, time limit and methods to perform agreements; powers and duties of parties in implementation of contract; provisions on using results and sharing benefits from use of results from contract performance; assessment and acceptance of performed results; provisions on intellectual property right. Memorandum includes information of parties; basis of cooperation; principles of cooperation; objectives, content and form of cooperation; resources for implementation and so on.

This Circular takes effect on April 20, 2013.

Ü INFORMATION - COMMUNICATIONS


FREE COSPAS-SARAT EMERGENCY ALERT INFORMATION
 

This is the content at the regulation on supply, management, use of cospas-sarsat beacon data and receipt, handling, transmittance of the cospas-sarsat emergency alert information issued with the Decision No. 19/2013/QD-TTg of the Prime Minister on April 02, 2013.

. Cospas-Sarsat organization means international organization of satellite information for search and rescue, . Cospas-Sarsat beacon means a device of the Cospas-Sarsat system used for transmittance of emergency alert information and position instruction and notification through satellite, assist activities of search, rescue; including types: EPIRB, ELT and PLB installed and used on the sea ships and sea construction works operating offshore.

 

Cospas-Sarsat beacon owner shall exactly, fully and timely provide Cospas-Sarsat beacon information and data for the VNMCC in order to serve for search and rescue. The Vietnam Maritime Administration shall hold management of Cospas-Sarsat beacon data; apply information technology in formulation, management and use of the national Cospas-Sarsat beacon data. The VNMCC shall perform management, opeartion and use of Cospas-Sarsat beacon data. Vietnamese competent organizations and individuals relating to activities of search and rescue, Cospas-Sarsat beacon owners and functional agencies relating to activities of search and rescue have right to access, use the Cospas-Sarsat beacon information and data.

This Decision takes effect on June 01, 2013.

Ü INDUSTRY


REGULATIONS ON WIND POWER DEVELOPMENT PLANNING
 

On March 08, 2013, the Ministry of Industry and Trade issued the Circular No. 06/2013/TT-BCT promulgating the content, order, procedure, appraisal and approval for wind power development planning.

In order to provide content, order, procedure, appraisal and approval for national wind power development planning and provincial wind power development planning, the Ministry of Industry and Trade requires central-affiliated provinces and cities must make plans on wind power development as follows: The general view on the wind power development in the world and Vietnam; natural and socio-economic characteristics of Vietnam: Current status and development trend by 2020 with vision to 2030; current status and power grid development planning in Vietnam by 2020 with a vision to 2030; determination of theoretical and technical wind power potential, exploitation capacity of wind energy of Vietnam; list of theoretical and technical wind power potential areas; technical, economic and financial targets for wind power development; environmental impact assessment of wind power operation; solutions, policies and mechanism...

 

The Department of Industry and Trade is responsible for the formulation of detailed outline and cost estimates for submission to the People's Committees of centrally-affiliated provinces and cities (hereinafter called provincial-level People's Committee) for approval; and then select a qualified consulting organization for assignment of planning formulation on the basis of outline and estimate approved for submission to provincial-level People's Committees for approval.

The General Department of Energy shall appraise the planning scheme within thirty (30) working days after fully receiving valid records. In case of necessity, the General Department of Energy can hire appraisal and opponent consultants in Department of appraisal work and within five (05) working days after fully receiving valid records, the General Department of Energy shall send the opinion gathering document on the content of the planning scheme to the relevant agencies and localities.

This Circular takes effect on May 01, 2013.

 

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