Legal Document Updates in English (21/2013)

* 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

09 /CT-TTg

Directive No. 09/CT-TTg dated May 24, 2013 of the Prime Minister on the enhancement of superintendence to perform financial tasks – Budget 2013

 

Regulations on saving State budget in 2013

Page 2

CONSTRUCTION

 

CONSTRUCTION

 

2

06/2013/TT-BXD

Circular No. 06/2013/TT-BXD dated May 13, 2013 of the Ministry of Construction guiding the content of urban design

 

Subdivision planning scheme must exploit green trees to the utmost

Page 2

COMMERCE

 

COMMERCE

 

3

10/2013/TT-BCT

Circular No. 10/2013/TT-BCT dated May 30, 2013 of the Ministry of Industry and Trade promulgating the application registration form for model contract and general transaction provisions

 

Regulations on contents of application registration form for model contract and general transaction provisions

Page 3

MEDICAL – HEALTH

 

MEDICAL - HEATH

 

4

1545/QD-BYT

Decision No. 1545/QD-BYT of the Ministry of Health amending and supplementing the Decision No. 2962/QD-BYT dated August 22, 2012 of the Ministry of Finance on promulgating temporary regulation on documents need supply in order to announce lists of original proprietary medicines, medicines used for treatment similar with original proprietary medicines, medicines with documents proving bioequivalence

 

Supplement two agencies  for announcing lists of original proprietary medicines

Page 3

AGRICULTURE – FOREST

 

AGRICULTURE - FOREST

 

5

26/2013/TT-BNNPTNT

Circular No. 26/2013/TT-BNNPTNT dated Hanoi, May 22, 2013 of the Ministry of Agriculture and Rural Development on aquatic breed management

 

Regulations in aquatic breed management

Page 3

 

SUMMARY:

 

Ü FINANCE - BANKING


REGULATIONS ON SAVING STATE BUDGET IN 2013
 

On May 24, 2013, the Prime Minister issued the Directive No. 09/CT-TTg dated on the enhancement of superintendence to perform financial tasks – Budget 2013 in order to strive to achieve the highest results on the management and use of fund from 2013 state budget estimation approved by the National Assembly.

Within that, the Prime Minister requires agencies, units and localities to implement the saving of 10% remaining constant payment estimation of the last months (not including: payment for salary, allowances, payment for people according to the regime; save 10% of constant payment to create the salary reform as the estimation in the beginning of year and save 10 % of increasing constant payment retained at levels).

Cut down on or put off the implementation of payment tasks that are not really necessary and urgent, expenses for purchasing equipment, cars; restrict the organization of national meeting, conference, ground breaking ceremony; save at least 20% of electricity, water, telephone,  stationery, petrol expenses; save at least 30% of fund estimation allocated for payment tasks such as organizing the festivals, conferences, meeting, business trip.

 

At the same time, Ministries, agencies, localities under the assigned tasks shall cut down on the payment tasks revoke to supplement the contingency of the central budget and local contingency budget for: investment capital and constant expenditures are allocated in state budget estimation 2013 of Ministries, Central agencies and local agencies but until June 30, 2012 they are not still allocated for projects or allocated but not in accordance with the regulations; investment capital under the plan 2013 that are allocated for projects but until June 30, 2013, they are not implemented yet and capital, expenditures that agencies use the fund not in accordance with the regulations; focus on speeding up the schedule and disburse the investment capital, especially the investment capital from the state budget, government bonds, national target programs, and ODA.
Besides, the State Bank of Vietnam shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in directing monetary tools flexibly to control the inflation, stabilizing the macro-economy and supporting the reasonable growth; to continue to reduce the interest rate and strive to achieve the credit growth at 12% for the whole year of 2013, of which, loan capital is focused on priority fields; to implement drastically the Scheme of restructuring the credit organizations; to speed up the handling of bad debts.

Ü CONSTRUCTION


SUBDIVISION PLANNING SCHEME MUST EXPLOIT GREEN TREES TO THE UTMOST
 

On May 13, 2013, the Ministry of Construction issued the Circular No. 06/2013/TT-BXD guiding the content of urban design.

Within that, urban design in general planning scheme shall determine the existing inner city; tentative area for new development; area of natural and artificial landscape; area for preservation and special area; orientate urban image and architectural space based on nature and development objective of each area; orientate spatial organization of policy – administrative, culture - sport, financial, trading, service, tourism, health centers to be suitable with urban natures and functions; to orientate spatial organization of urban gateway area regarding landscape architectural space, determine position and illustrate ideas on cubes of facilities for prominent spots according to main traffic directions and routes to enter urban area; to orientate architecture for main road axes, typical urban areas; to propose main axes as characteristic of urban area; to propose preservation, exploitation of the existing natural

 

landscape in the main spatial axes organization or to determine scale, nature of squares; to research architectural space of landscape and so on in the square spatial organization or to determine position of prominent spots for entire urban area or each urban section in spatial organization at urban prominent spots.

For system of trees and landscape: To select kinds of trees that have colors, sizes in line with urban route and available in localities. Solution to design water surface in combination with trees ensuring conformity with surrounding landscape.

In case two routes of old urban area and new urban area are connected, design solutions of architectural space and landscape should be proposed to ensure a harmonious connection between new urban route and old urban route.

This Circular takes effect on June 27, 2013 and replaces Articles 8 and 14 of the Circular No. 10/2010/TT-BXD dated August 11, 2010 of the Ministry of Construction on prescribing dossier of each urban planning type.

Ü COMMERCE


REGULATIONS ON CONTENTS OF APPLICATION REGISTRATION FORM
FOR MODEL CONTRACT AND GENERAL TRANSACTION PROVISIONS
 

On May 30, 2013, the Ministry of Industry and Trade issued the Circular No. 10/2013/TT-BCT promulgating the application registration form for model contract and general transaction provisions.

According to this Circular’s requirements, it is compulsory to clarify the subjects of consumers, the scope of application must be applied in nationwide or one, some central-affiliated cities and provinces (clearly inscribing name of central-affiliated cities and provinces if not being applied in nationwide). Anytime when detecting that content of model contracts, general transaction conditions violate law on protection of consumers’ rights, agencies accepting registration have right of and responsibility for requesting

 

the business organizations, individuals to amend, cancel that violating content.  Already studied carefully regulations of law and commit  that model contracts, general transaction conditions enclosed this registration application do not contain any terms violating  law on protection of consumers’ rights and the general principles of signing contracts and individual and organizations shall take responsibility entirely for the truthfulness and accuracy of contents in registration application and documents enclosed.

This Circular takes effect on May 30, 2013 and replaces the Decision No. 659/QD-BCT dated February 15, 2012.

Ü MEDICAL - HEALTH


SUPPLEMENT TWO AGENCIES FOR ANNOUNCING
LISTS OF ORIGINAL PROPRIETARY MEDICINES
 

On May 08, 2013, the Ministry of Health issues the Decision No.  1545/QD-BYT amending and supplementing the Decision No. 2962/QD-BYT dated August 22, 2012 of the Ministry of Finance on promulgating temporary regulation on documents need supply in order to announce lists of original proprietary medicines, medicines used for treatment similar with original proprietary medicines, medicines with documents proving bioequivalence.

Accordingly, this Decision supplements two agencies to the list of intellectual property agencies granting patent approved for consideration of announce lists of original proprietary medicines including: German Patent and Trade Mark Office (national code: DE); United Kingdom Intellectual Property Office (national code: GB)

 

At the same time, the Decision also point out clearly that beside active ingredient of medicine containing an active ingredient; or mixture of active ingredients if medicine contains many active ingredients; or pharmacy or preparations for injections, infusions, drugs used for eyes, sprays, implants,  transversal patch, drugs in gel form, the patent must enclose part referencing point requiring protection, determining scope of protection for corresponding medicine would also be considered as the documents supplied to issue the lists of original proprietary medicines.

This Decision takes effect on the signing date.

Ü AGRICULTURE - FOREST


REGULATIONS IN AQUATIC BREED MANAGEMENT
 

On May 22, 2013, the Ministry of Agriculture and Rural Development issued the Circular No. 26/2013/TT-BNNPTNT dated on aquatic breed management.

Organizations and individuals engaged in the propagation of aquatic breeds must satisfy the conditions as the Certificate of Business registration or Certificate of investment in aquatic breeds or the Decision on responsibility for researching and producing aquaculture products (applicable to public service providers) is obtain; the location must comply with local planning or approved in writing by competent authorities; at least 01 technician holds an intermediate qualification in aquatic breeding or higher, or a certificate of training in aquatic breeding ; new aquatic breeds are monitored in isolated places. The facilities and equipment are suitable for every aquatic breed and their qualities according to QCVN 02-15:2009/BNNPTNT; the signboard and address are clear; the quality standard of aquatic breeds are announced and the actual quality is conformable with the announcement; the production and sale of aquatic breeds are recorded and these records must be retained for at least 03 years.

 

The organizations and individuals that produce and sell parent breeds must have At least 01 technician holds a bachelor’s degree in aquatic breeding.

Also in accordance with this Circular, the inspection of quality of aquatic breeds shall be carried out at the producing facility. The inspection of quality of aquatic breeds in the locality where they are received shall be carried out upon suspicion. The inspection contents and order are similar to the inspection of aquatic breed quality in production and aquatic breed quality shall be inspected by Inspectorates. The Inspectorate shall be established by the fishery authority with the cooperation of veterinary authority.

This Circular takes effect on July 05, 2013 and supersedes the regulations on testing aquatic breeds in the Decision No. 18/2002/QD-BTS dated June 03, 2002 Clause 3 Section III of the Circular No. 02/2006/TT-BTS dated March 20, 2006 Government's Decree No. 59/2005/ND-CP dated May 04, 2005.

 

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.

Rate:
(0 rated)
For further support, please call 19006192

SAME CATEGORY

See more