Legal Document Updates in English (15/2012)

BY 2020, IT IS ESTIMATED THAT VIETNAM WILL
RECEIVE 10-10.5 MILLION INTERNATIONAL TOURIST ARRIVALS
 

The Prime Minister approved the strategy for development of Vietnam's tourism through 2020, with a vision toward 2030 in the Decision No. 2473/QD-TTg dated December 30, 2011 based on the viewpoints develop tourism into a spearhead industry, accounting for an increasingly high share in GDP and driving socio-economic development.

The general objective is that by 2020, tourism will become a spearhead industry with professional services, a relatively synchronous and modern physical and technical infrastructure system, and quality, diverse and branded products deeply imbued with traditional cultural identity and competitive with other countries in the region and the world.

For the specific objectives, the average growth rate of tourism will reach 11.5-12%/year during 2011 -

2020; By 2020, Vietnam will receive 10-10.5 million international tourist arrivals and have 47-48 million
domestic tourist arrivals; total revenue from tourists will reach USD 18-19 billion, accounting for 6.5-7% of national GDP; have a total of 580,000 accommodation rooms, 35-40% of which will reach standards of three to five stars; and create 3 million jobs, including 870,000 directly engaged in tourist activities.

One of the solutions is to develop the system of quality, unique, diverse and synchronous high added-value tourist products to meet domestic and international tourists' needs; to develop "green" tourist products respecting natural elements and local culture.

This Decision takes effect on the date of its signing.

FOREIGN CURRENCY LOANS TO PAY FOR IMPORTED GOODS
AND SERVICES MUST BE APPROVED BY THE STATE BANK OF VIETNAM

On March 08, 2012, the State Bank of Vietnam issued the Circular No. 03/2012/TT-NHNN providing on foreign currency loans of the credit institutions and branches of foreign banks with customers being residents.

Under the Circular, since May 02, 2012, credit institutions and branches of foreign banks licensed to operate in foreign exchange shall consider deciding of short term foreign currency loans with customers being residents in order to oversea paying for imported petrol when have the approving in writing of the State Bank of Vietnam.

Credit institutions and branches of foreign banks licensed to operate in foreign exchange shall consider

deciding of foreign currency loans with customers being residents regarding the demands of foreign currency loans of customers to implement production, business plans and projects of goods in the prioritized fields under the Government’s policy; and have been approved in writing by the State Bank of Vietnam upon the request of credit institutions and branches of foreign banks.

This Circular takes effect from May 02, 2012 and replaces the Circular No. 07/2011/TT-NHNN of March 24, 2011 of the Governor of the State Bank providing on foreign currency loans of the credit institutions with customers being residents.

 
IMPORT OF HCFC MUST REGISTER IMPORT QUOTAS
 

On December 30, 2011, the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment issued the Joint Circular No. 47/2011/TTLT-BCT-BTNMT providing the management of the import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer.

Traders may import, export and temporarily import for re-export ozone layer-depleting substances only with the Parties to the Protocol including HCFC-141b pre-blended polyol and HCFCs such as: HCFC-21; HCFC-22; HCFC-31... HCFCs shall be managed with import quotas according to the phase-out roadmap provided in the Protocol and the bilateral agreements on provision of financial assistance for HCFC phase-out between Vietnam and the Multilateral Fund for the Implementation of the Protocol.

The Ministry of Industry and Trade shall allocate import quotas for HCFCs according to Vietnam’s HCFC phase-out obligations. The annual volume of import quotas for each group of HCFCs from January 1, 2012, through December 31, 2019, are as follows: HCFC-141b in 2012 is 500 tons, from 2015 import of

this group will be banned; for other HCFCs in 2012 is 3,700 tons, import quotas from 2015 are 3,600 tons..

For procedures of importing or exporting ozone layer-depleting substances, traders that shall register with the Ministry of Natural Resources and Environment and obtain the Ministry’s certification thereof. The Ministry of Natural Resources and Environment shall certify the volume of HCFCs registered for import by a trader based on the import quotas for HCFCs provided in Article 3 and the average volume of HCFCs actually imported by that trader in three consecutive years precede the year of import registration by the trader.

 
AMENDING PROCEDURES TO GRANT THE TEMPORARY RESIDENCE CARD FOR FOREIGNERS

On January 03, 2012, the Ministry of Public Security and the Ministry of Foreign Affairs issued the Joint Circular No. 01/2012/TTLT-BCA-BNG amending and supplementing the Joint Circulars No. 04/2002/TTLT-BCA-BNG of January 29, 2002, and No. 05/2009/TTLT-BCA-BNG of May 12, 2009, on immigration.

Under the Joint Circular, foreigners applying for a temporary residence card shall submit 1 dossier set to the Immigration Management Department of the Ministry of Public Security or immigration management sections of police departments of provinces or centrally run cities. A dossier of application for a temporary residence card comprises an application for a temporary residence card; a written declaration of information on the applicant; A document evidencing the applicant’s eligibility for consideration of grant of a temporary residence card.

A foreigner who wishes to permanently reside in Vietnam shall submit 1 dossier set and carry out procedures at the Immigration Management Department of the Ministry of Public Security. A dossier of

application for permanent residence in Vietnam comprise an application for permanent residence status; Four 3 cm x 4 cm recent photos on white background, showing the applicant looking straight, bareheaded and wearing no color glasses; A copy of the passport (with the original passport produced for comparison); Other relevant papers and documents (if any).

The Immigration Management Department of the Ministry of Public Security shall notify in writing the Prime Minister’s decision to the permanent residence applicant and the provincial-level police department of the locality in which such person wishes to permanently reside. The provincial-level police department shall direct the local immigration management section in granting a permanent residence card after receiving a notice of the Prime Minister’s decision permitting the permanent residence.

This Joint Circular takes effect on February 17, 2012.

REDUCE THE PROPORTION OF LAND COVERED WITH
TREES IN A INDUSTRIAL PART TO 10%
 

On December 28, 2012, the Ministry of natural resources and environment issued the Circular No. 48/2011/TT-BTNMT amending and supplementing a number of articles of the Minister of Natural Resources and Environment's Circular No. 08/2009/TT-BTNMT of July 15, 2009, providing for the environmental management and protection of economic zones, hi-tech parks, industrial parks and industrial complexes.

Accordingly, the minimum proportion of land covered with trees, flower gardens and lawns inside the fence of a hi-tech park or an industrial park or industrial complex must be at least 10% of the total land area of that park or complex.

Under this Circular, economic zone, hi-tech park and industrial park management boards and industrial complex-managing agencies make and submit to competent agencies environmental impact assessment reports for approval or written environmental protection commitments for certification under the Government's Decree No. 29/2011/ND-CP of April 18, 2011 on strategic environmental assessment, environmental impact assessment and environmental protection commitment.

This Circular takes effect on February 15, 2012.

FOREST PROTECTION OFFICERS MAY STOP THE TRANSPORTATION
OF FOREST PRODUCTS UPON DETECTING ITS UNLAWFUL ORIGIN
 

On January 04, 2012, the Ministry of Agriculture and Rural Development issued the Circular No. 01/2012/TT-BNNPTNT of January 4, 2012, stipulating dossiers of lawful forest products and inspection of the origin of forest products. Notably, the Circular approved the regulations on responsibilities of forest protection officers when inspecting forest products.

Specifically, inspection of forest products may be conducted by forest protection agencies at all levels during the exploitation, transportation, processing, trading, growing, raising or storage of forest products. In case forest product owners are detected through inspection as having incomplete forest product dossiers or actual forest products are inconsistent with their dossiers specified in this Circular, inspecting agencies shall investigate and verify the origin of these forest products.

Upon detecting forest products of unlawful origin, forest protection officers on duty may immediately organize an inspection and concurrently report such to their heads. Storage place owners and forest product owners shall comply with requests of forest protection officers and promptly produce dossiers of stored forest products under this Circular.

Forest protection officers may stop road vehicles or waterway craft for inspection of forest products when having grounds to believe these vehicles or craft are transporting unlawful forest products. Persons who stop the vehicles or craft shall take responsibility before law for their decisions.

Under this Circular, barriers are not allowed to be put up on roads to stop vehicles for inspection of forest products. In special cases, there must be decisions of chairpersons of provincial-level People’s Committees who shall take responsibility for directing and organizing the putting up of barriers.

This Circular takes effect on February 18, 2012 an replaces the Ministry of Agriculture and Rural Development’s Decision No. 59/2005/QD-BNN of October 10, 2005, promulgating the Regulation on inspection and control of forest products.