Legal Document Updates in English (21/2018)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

1158/QD-NHNN

Decision No. 1158/QD-NHNN dated May 29, 2018 of the State Bank of Vietnam on compulsory reserve rates applicable to credit institutions and foreign bank branches

 

The compulsory reserve rates applicable to credit institutions and foreign bank branches

Page 2

2

16/2018/TT-BTC

Circular No. 16/2018/TT-BTC dated February 07, 2018 of the Ministry of Finance on guiding a number of articles regarding the financial regime applicable to credit institutions and foreign bank branches

 

Form March 26, foreign bank branches must submit reports in electronic

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

3

06/2018/TT-BYT

Circular No. 06/2018/TT-BYT dated April 06. 2018 of the Ministry of Health on promulating the nomenclature of imported and exported drugs and medicinal ingredients for human use and cosmetics whose HS codes have been assigned in the Vietnam’s nomenclature of exports and imports

 

The nomenclature of imported, exported drugs, medicinal ingredients, cosmetics in Vietnam

Page 2

TRANSPORT

 

TRANSPORT

4

56/2018/ND-CP

Decree No. 56/2018/ND-CP dated April 16, 2018 of the Government on management and protection of railway infrastructure

 

Specific regulations on naming of railway lines and railway stations

Page 3

COMMERCE – ADVERTISING

 

COMMERCE – ADVERTISING

5

10/2018/TT-BCT

Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Ministry of Industry and Trade on detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities

 

The training duration for training programs on multi-level marketing is at least 8 hours

Page 3

6

28/2018/ND-CP

Decree No. 28/2018/ND-CP dated March 01, 2018 of the Government on detailing the Law on Foreign Trade Management regarding foreign trade development measures

 

Exported goods are support up to 100% of expenses in the trade promotion activities

Page 3

7

01/2018/TT-BCT

Circular No. 01/2018/TT-BCT dated February 27, 2018 of the Ministry of Industry and Trade on prescribing in detail goods traded or transferred via secondary border gates and border crossings by traders

 

Only import via secondary border gates for goods in the approved List

Page 4

 

 

SUMMARY:

 

Ü FINANCE – BANKING


THE COMPULSORY RESERVE RATES APPLICABLE
TO CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES
 

The State Bank of Vietnam issues the Decision No. 1158/QD-NHNN on compulsory reserve rates applicable to credit institutions and foreign bank branches on May 29, 2018.

In particular, the compulsory reserve rates applicable to credit institutions and foreign bank branches  are as follows:

- For people’s credit funds and microfinance institutions: The compulsory reserve rate for Vietnam-dong and foreign-currency deposits is 0%.

The Vietnam Bank for Agriculture and Rural Development and the Cooperative Bank of Vietnam shall apply the compulsory reserve rates corresponding to each type of deposit, for Vietnam-dong demand deposit and under 12-; 

 

month term deposits, the compulsory reserve rate is 3% of the deposit balance subject to compulsory reserve; for Vietnam-dong deposits of a term of 12 months or longer, the compulsory reserve rate  is 1% of the deposit balance subject to compulsory reserve….

Other credit institutions shall apply the compulsory reserve rates corresponding to each type of deposit, for Vietnam-dong demand and under-12 month-term deposits, the compulsory reserve rate is 3% of the deposit balance subject to compulsory reserve; for overseas foreign-currency deposits of credit institutions, the compulsory reserve rate 1% of the deposit balance subject to compulsory reserve…

This Decision takes effect on June 01, 2018.


FORM MARCH 26, FOREIGN BANK BRANCHES
MUST SUBMIT REPORTS IN ELECTRONIC
 

On February 07, 2018, the Ministry of Finance issues the Circular No. 16/2018/TT-BTC on guiding a number of articles regarding the financial regime applicable to credit institutions and foreign bank branches.

In accordance with this Circular, credit institutions and foreign bank branches shall make electronic reports for financial statements, including mid-year and annual accounting balance sheets; mid-year and annual reports on business results; mid-year and annual cash flow statements; explanations on mid-year and annual financial statements..

 

Credit institutions and foreign bank branches shall connect to the Ministry of Finance via the latter’s portal so as to submit electronic reports to the latter under its specific guidance;

In case a credit institution or foreign bank branch lacks conditions for connecting its information network with that of the Ministry of Finance, it shall send electronic files of reports recorded on information-carrying objects or written reports to the Ministry of Finance for the latter to update reported data..

This Circular takes on March 26, 2018.

Ü MEDICAL – HEALTH


THE NOMENCLATURE OF IMPORTED, EXPORTED DRUGS,
MEDICINAL INGREDIENTS, COSMETICS IN VIETNAM
 

The nomenclature of imported and exported drugs and medicinal ingredients for human use and cosmetics whose HS codes have been assigned in the Vietnam’s nomenclature of exports and imports was promulgated by the Ministry of Health in the Circular No. 06/2018/TT-BYT.

The nomenclature of imported and exported drugs and medicinal ingredients for human use and cosmetics whose HS codes have been assigned in the Vietnam’s nomenclature of exports and imports is promulgated together with this Circular, including:

1. Nomenclature of imported and exported toxic drugs and toxic medicinal ingredients whose HS codes have been assigned: Abirateron, Fluorouracil, Oxytocin, Tritenoin (All-Trans Retinoic Acid), Ziprasidon…

2. Nomenclature of imported and exported medicinal ingredients that are narcotic active ingredients whose HS codes have been assigned: Alfentanil, Cocaine, Dezocin, Difenoxin, Methadone, Morphine, Nicocodine, Oxycodone, Oxymorphone…

 

3. Nomenclature of imported and exported medicinal ingredients that are psychotropic active ingredients whose HS codes have been assigned: Clorazepate, Diazepam, Ketamin, Lefetamin…

Besides, the Circular also promulgates many nomenclatures, such as: Nomenclature of imported and exported medicinal ingredients that are drug precursors whose HS codes have been assigned; Nomenclature of imported and exported drugs and active ingredients that are banned from certain fields and whose HS codes have been assigned…

The nomenclature of drugs and medicinal ingredients for human use and imported and exported cosmetics whose HS codes have been assigned in the Vietnam’s nomenclature of exports and imports shall serve as a basis for making customs declaration upon import and export in Vietnam.

This Circular is issued on April 06, 2018 and takes effect on May 21, 2018.

Ü TRANSPORT


SPECIFIC REGULATIONS ON NAMING OF RAILWAY LINES
AND RAILWAY STATIONS
 

On April 16, 2018, the Government issues the Decree No. 56/2018/ND-CP on management and protection of railway infrastructure.

This Decree provides for management and protection of railway infrastructure, including: naming of railway lines and railway stations; removal of railway lines; safety perimeter of railway works and railway safety corridor; management and use of land area for rail transport; responsibility for management and protection of railway infrastructure.

Accordingly, the existing railway lines and stations retain their existing name; and names of railway stations on a line should not be identical to each other; the railway station is named after a place, historical figure, national hero, or historic site at the location where the railway station is located, or named using ordinal numbers or characters.

 

To remove the railway lines and stations when the operation of railway lines and stations affects national defense and security secrets, national sovereignty and interests; railway lines and stations are no longer conformable to the railway line and station development planning approved by the competent authority.

The width of the railway safety corridor is the distance from the outer edge of the safety perimeter of the railway to each side: 05 m, regarding the high-speed rail within urban areas, 15 m, regarding the high-speed rail outside urban areas.

03 m, regarding the surface urban railway and the remaining railway; houses from flammable materials must be at least 05 m away from the boundary of the railway safety corridor…

This Circular takes effect on July 01, 2018.

Ü COMMERCE – ADVERTISING


THE TRAINING DURATION FOR TRAINING PROGRAMS
ON MULTI-LEVEL MARKETING IS AT LEAST 8 HOURS
 

On May 24, 2018, the Ministry of Industry and Trade issues the Circular No. 10/2018/TT-BCT on detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities.

This Circular prescribes framework training programs on legal knowledge about multi-level marketing; the examination of legal knowledge about multi-level marketing, and grant and revocation of certification of legal knowledge about multi-level marketing.

Accordingly, the framework training program on legal knowledge about multi-level marketing  issued by an

 

establishment providing training in legal knowledge about multi-level marketing must have the training duration of at least 8 hours; the framework training program on legal knowledge about multi-level marketing.

The examination of legal knowledge about multi-level marketing shall be conducted in the form of essay or multiple-choice test with the duration of at least 60 minutes. Answers shall be scored using a 100-point scale, those who scores below 90 in a multiple-choice test and below 75 in an essay test shall fail the examination.

This Circular takes effect on July 15, 2018.


EXPORTED GOODS ARE SUPPORT UP TO 100% OF EXPENSES
IN THE TRADE PROMOTION ACTIVITIES
 

The Decree No. 28/2018/ND-CP of the Government on detailing the Law on Foreign Trade Management regarding foreign trade development measures:

Levels of funds to be supported: up to 100% of expenses for implementing specific contents eligible for support in the trade promotion activities such as to organize international fairs and exhibitions in foreign countries and Vietnam for exports; to support the building of exports display and introduction areas on portals, e-commerce networks, the Internet and telecommunications networks; to organize visits to conduct market surveys and transactions with organizations and enterprises in foreign countries... 

 

For the enterprises having products included in Vietnam National Branding Program, beside to be given priority in carrying out tax, customs and other administrative procedures; receive financial support for participation in activities covered by Vietnam National Branding Program.

Besides, the Decree A foreign country’s trade promotion organization may not establish more than one representative office in one province or centrally run city.

This Decree takes is issued and takes effect on March 01, 2018.


ONLY IMPORT VIA SECONDARY BORDER GATES
FOR GOODS IN THE APPROVED LIST
 

In accordance with the Circular No. 01/2018/TT-BCT dated February 27, 2018 of the Ministry of Industry and Trade on prescribing in detail goods traded or transferred via secondary border gates and border crossings by traders, as follows:

Goods imported via secondary border gates and border crossings within border-gate economic zones must comply with regulations on international goods purchase and sale and goods purchase and sale agency, processing and transit activities involving foreign parties;

 

Only goods serving domestic production may be imported via secondary border gates and border crossings outside border economic zones;

Goods serving domestic production which are not on the list may only be imported via secondary border gates and border crossings outside border-gate economic zones in specific time periods notified by provincial-level People’s Committees after consulting the Ministry of Industry and Trade.

This Circular takes effect on the signing date; annuls the Circular No. 34/2016/TT-BTC dated December 28, 2016.

 

 

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