Vietnamese* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.
* For further details, please visit: www.english.luatvietnam.vn
|
#
|
NUMBER |
TITLE |
|
In This Updates: |
|
|
FINANCE – BANKING |
|
FINANCE - BANKING |
|||
|
1 |
Circular No. 35/2013/TT-NHNN dated January 01 of the State Bank of Vietnam guiding a number of provisions on anti-money laundering |
|
Precious gems with the value of VND 300 million must subject to customs declaration |
Page 2 |
|
|
EXPORT – IMPORT |
|
EXPORT - IMPORT |
|
||
|
2 |
Circular No. 37/2013/TT-BCT dated December 30, 2013 providing the import of cigarettes and cigar |
|
Requirements for import of cigarettes and cigar |
Page 2 |
|
|
INFORMATION - COMMUNICATIONS |
|
INFORMATION - COMMUNICATIONS |
|
||
|
3 |
Circular No. 04/2014/TT-BTTTT dated March 19, 2014 of the Ministry of Information and Communications detailing and guiding a number of Articles of Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government regulation on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam |
|
A license for news publication is effective for 01 year |
Page 3 |
|
|
ADMINISTRATIVE |
|
ADMINISTRATIVE |
|
||
|
4 |
Ordinance No. 09/2014/UBTVQH13 dated January 20, 2014 of the Standing Committee of the National Assembly on the Order of, and Procedures for, Considering and Deciding on the Application of Administrative-Handling Measures at People’s Courts |
|
Reduction of the duration of Administrative-Handling Measures |
Page 3 |
|
|
AGRICULTURE |
|
AGRICULTURE |
|
||
|
5 |
Circular No. 02/2014/TT-BNNPTNT dated January 24, 2014 of the Ministry of Agriculture and Rural Development regulating the order and procedures for issuing and revoking the certificate of genetically modified plants eligible for use as food and feed |
|
Conditions for issuing the certificate of genetically modified plants eligible for use as food and feed |
Page 3 |
|
SUMMARY:
Ü FINANCE - BANKING
|
|
||
|
In accordance with the Circular No. 35/2013/TT-NHNN dated December 31, 2013 of the State Bank of Vietnam guiding a number of provisions on anti-money laundering. Value of cash in foreign currency or Vietnam dong, precious metals, gems and negotiable instruments of VND 300 million must subject to customs declaration. Within that, precious metals (except gold) include silver, platinum, silver or platinum fine-art articles and jewelries; and alloys containing silver or platinum. Gems include diamond, ruby, sapphire and emerald. And the value of cash in foreign currency or Vietnam dong and the value of gold subject to customs declaration must comply with the regulations of the State Bank of Vietnam. This Circular also regulates that for high-risk clients obtaining approval of the management authority at least one level higher than the approving authority applicable to ordinary clients when clients establish relations for the first |
time or when existing clients are assessed as high-risk clients. For existing clients assessed or re-assessed to be high-risk clients, reporting subjects shall submit to competent authorities for approval or re-approval the relations with these clients and apply intensive measures such as additionally collecting information such as his/her monthly average income over the last 6 months; name, address and telephone number of the agency, organization or owner of the establishment where he/she works or earns major income; full names, addresses and occupations of his/her spouse and children for an individual client, and the production, business or service line that generates major income; the financial statements of the last 2 years …for an institutional client; closely supervising transactions of high-risk clients; Updating information at least every 6 months or when knowing that client information has changed. This Circular takes effect on February 14, 2014 |
|
Ü EXPORT - IMPORT
|
|
||
|
On December 12, 2013, the Ministry of Industry and Trade issued the Circular No. 37/2013/TT-BCT providing the import of cigarettes and cigar and decides from February 20, 2014 that only Vietnam National Tobacco Corporation (VINATABA) is allowed to import cigarettes and cigars according to the mechanism of state trading. Three years after the effective date of this Circular, the Ministry of Industry and Trade shall review the implementation of this Circular so as to re-consider the designation of traders importing cigarettes and cigars under the mechanism of state trading. Within that cigarettes and cigars imported and circulated in the market must be registered for protection of trademark use rights in Vietnam and affixed with imported-cigarette stamps as prescribed by the Ministry of Finance. Cigarettes and cigars imported for sale in the domestic market must comply with current regulations on purchase and sale of tobacco products. Imported cigarettes and cigars must comply with current regulations on standard conformity and regulation conformity announcement or food safety-regulation conformity announcement; and on inspection of quality, hygiene, safety and toxic ingredient content like domestically produced cigarettes and cigars. |
For a cigarette or cigar brand imported into Vietnam for the first time, before carrying out import procedures, the trader shall send its samples to a testing laboratory designated by a competent state agency for analysis according to current technical regulations, standards or regulations on food safety of Vietnam. And imported cigarettes and cigars must comply with current regulations on goods labeling, labeling of tobacco products for sale in Vietnam and printing of health warnings on packages. Within the first 15 days of every quarter, the trader importing cigarettes and cigars shall send to the Ministry of Industry and Trade’s Import-Export Administration Department a report on the automatic import of cigarettes and cigars in the preceding quarter, clearly stating the categories, quantity, import value, sale prices, and the tentative import plan for the subsequent period. Annually, before October 15, the trader importing cigarettes and cigars shall send to the Ministry of Industry and Trade’s Import-Export Administration Department a report on the import of cigarettes and cigars in 3 quarters (in replacement of the report for the 3rd quarter) and the import plan for the subsequent year. This Circular takes effect on February 20, 2014 |
|
Ü INFORMATION - COMMUNICATIONS
|
|
||
|
In accordance with the Circular No. 04/2014/TT-BTTTT dated March 19, 2014 of the Ministry of Information and Communications detailing and guiding a number of Articles of Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government regulation on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam. Any foreign organization in Vietnam that wishes to hold a press conference in Hanoi shall file an application to Press Administration - Ministry of Information and Communications (directly or by post); if the press conference is held in another province, the application shall be sent to the People’s Committee of that province (directly or by post) at least 02 working days before the press conference takes place. After 02 days from the receipt of the application, it is considered that the press conference is approved if no dissenting opinions are given by competent authorities. If the press conference is held in Hanoi by a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification. |
A license for news publication is effective for 01 year from the day on which it is signed. If the foreign organization that obtains the license for news publication fails to publish news within 60 days from its effective date, the license shall be invalidated. Also in accordance with this Circular, 90 days before the license for news publication, if the foreign organization in Vietnam wishes to keep publishing news, an application for re-issuance of the license shall be submitted to Press Administration with the application of a written request made by the foreign organizations in Vietnam; a photocopy of the license for news publications and the documents about the changes to the license issued by Press Administration. This Circular takes effect on May 05, 2014. |
|
Ü ADMINISTRATIVE
|
|
||
|
On January 20, 2014, the Standing Committee of the National Assembly approve the Ordinance No. 09/2014/UBTVQH13 on the order of, and procedures for, considering and deciding on the application of administrative-handling measures at people’s courts. The Ordinance points out clearly that If a person currently serving an administrative-handling measure falls into a case prescribed in Clauses 1 and 2, Article 112 of the Law on Handling of Administrative Violations, he/she is entitled to reduction of the duration, suspension of, or exemption from, serving of the remaining duration of, application of the administrative-handling measure as decided by the court based on the proposal of the director of the reformatory, compulsory education establishment, or compulsory detoxication establishment. For the case of reducing the duration of serving an administrative-handling measure, the subject person to be |
considered for reduction must have served half of the duration decided by a court and he/she shall be considered for reduction only once a year with the reduction time equal to at most a quarter of the duration decided by the court. The decision on reduction of the duration of, suspension of, or exemption from, serving of the remaining duration of, application of administrative-handling measures must contain the principal details such as serial number and date of issuance of the decision; name of the decision-issuing court; reason and grounds for issuance of the decision; full name, birth date, residence place, occupation and educational level of the person serving the administrative-handling measures; name of the proposing agency; contents of the reduction of the duration of, suspension of, or exemption from, serving of the remaining duration of, application of administrative-handling measures and so on. The Ordinance takes effect on the signing date |
|
Ü AGRICULTURE
|
|
||
|
On January 24, 2014, the Ministry of Agriculture and Rural Development issued the Circular No. 02/2014/TT-BNNPTNT regulating the order and procedures for issuing and revoking the certificate of genetically modified plants eligible for use as food and feed. The genetically modified plants carry the single transformation event as a result of transformation of a gene specifying a desired trait by the transgenic technology; The genetically modified plants carry the vector stacked transformation event as a result of transformation of two or many genes specifying one or many desired traits by the transgenic technology; The genetically modified plants whose registration dossiers for Certificate issuance of genetically modified plants eligible for use as food and feed are appraised by the Council of food and feed safety (hereafter referred to as Council) for conclusion that the |
genetically modified plants have no uncontrollable risks for human and animal health; The genetically modified plants issued with the Certificate must meet one of two conditions as the genetically modified plants are permitted for use by at least 05 (five) developed countries as food and feed without any risk in these countries or where the event of genetically modified plants has been issued with Certificate of eligibility for use as food, then the event of genetically modified plants is used as feed and where the plants carrying the vector stacked transformation event as the result of convergence hybridization by the method of traditional hybridization from two or single transformation events that have been issued with Certificate, these plants shall be used as food and feed. This Circular takes effect on March 10, 2014 |
|
Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn
Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.
Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.
We would like to show great thanks to you for reading our Legal Updates!
LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi: 3rd Floor, TechnoSoft Building, Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
Tel: 04.37833688 (Ext 518) - Fax: 04.37833699
Ho Chi Minh: No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (08) 399 507 24 - Fax: (08) 399 507 27
Email: [email protected]
Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.
