Legal Document Updates in English (23/2014)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE - BANKING

1

22/2014/TT-BTC

Circular No. 22/2014/TT-BTC dated February 14, 2014 of the Ministry of Finance on providing e-customs procedures for commercial imports and exports

 

Regulations on time limit for e-customs declaration

Page 2

INVESTMENT

 

INVESTMENT

 

2

631/QD-TTg

Decision No. 631/QD-TTg dated April 29 2014 of the Prime Minister on promulgation of the list of national projects called for foreign investments by 2020

 

The list of 127 national projects called for foreign investments

Page 2

3

01/2014/TT-BKHDT

Circular No. 01/2014/TT-BKHDT dated January 09, 2014 of the Ministry of Planning and Investment guiding a number of articles of the Government’s Decree No. 38/2013/ND-CP of April 23, 2013, on management and use of official development assistance (ODA) and concessional loans of donors

 

Guidance for appraisal of non-project aid

Page 2

SCIENCE – TECHNOLOGY

 

SCIENCE - TECHNOLOGY

4

08/2014/ND-CP

Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government detailing and guiding the implementation of a number of articles of the Law on Science and Technology

 

Science and technology organization must have at least 5 employees with university degree

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICES

 

5

28/2014/QD-TTg

Decision No. 28/2014/QD-TTg dated April 07, 2014 of the Prime Minister on structure of electricity retail tariff

 

The electricity retail tariff is from 0 – 50kWh is 92% of the average price

Page 3

 

 

SUMMARY:

 

Ü FINANCE - BANKING


REGULATIONS ON TIME LIMIT FOR E-CUSTOMS DECLARATION
 

In accordance with the Circular No. 22/2014/TT-BTC dated February 14, 2014 of the Ministry of Finance providing e-customs procedures for commercial imports and exports, customs declaration shall be made after goods are fully gathered at the place notified by the customs declarant and not later than 8 hours before the vehicle carrying such goods exits the country.

For an import consignment, customs declaration shall be made before goods arrive at the border gate or within 30 days after goods arrive at the border gate.The date of arrival at the border gate is the date indicated in the stamp affixed by the customs office to the declaration (or manifest) of imports at the port of cargo loading, which is included in the dossier of the vehicle on entry, for goods transported by sea, air or railway, or the date indicated in the declaration of

 

the vehicle passing border gates or vehicle-monitoring book, for goods transported by river way or road. In case customs declaration for the carrying vehicle is made electronically, the date of goods’ arrival at the border gate must comply with regulations on e-customs procedures for vehicles on entry.

Before making customs declaration, customs declarants shall register with customs offices information relating to the imports or exports according to the items. Pre-registered information is valid and shall be preserved on the system for 7 days at most, counting from the time of registration or the time of final modification. Customs declarants may themselves correct information pre-registered with the system without any limit on the number of corrections.

This Circular takes effect on April 1, 2014.

Ü INVESTMENT


THE LIST OF 127 NATIONAL PROJECTS CALLED FOR FOREIGN INVESTMENTS
 

On April 29, 2014, the Prime Minister signed the Decision No. 631/QD-TTg on promulgation of the list of national projects called for foreign investments by 2020.

The List includes 127 national projects called for foreign investments within that there are 25 projects in Traffic infrastructure; 03 projects in  Energy infrastructure;  20 projects in Urban infrastructure; 03 projects in Industrial park infrastructure; 11 projects in Educational infrastructure; 07 projects in Medical infrastructure; 03 projects in Culture, sports, and tourism infrastructure such as Nui Coc Lake Ecotourism destination; High-grade specialized hospitals

 

(Hanoi); Nghi Son TechnologyInternational University and so on.

The Ministry of Planning and Investment shall take charge and cooperate with other Ministries, regulatory agencies, and local authorities in formulating projects; organize the dissemination of the List; send reports to the Prime Minister on the progress of the projects in the List; propose practical amendments to the List. Budget for these tasks is provided by Annual National Investment Promotion Program.

This Decision takes effect on the signing date.


GUIDANCE FOR APPRAISAL OF NON-PROJECT AID
 

On January 09, 2014, the Ministry of Planning and Investment issued the Circular No. 01/2014/TT-BKHDT Guiding a number of articles of the Government’s Decree No. 38/2013/ND-CP of April 23, 2013, on management and use of official development assistance (ODA) and concessional loans of donors.

In accordance with this Circular, For non-project aid equivalent to under USD 20,000, the managing agency shall not conduct appraisal and decide to approve such aid on the basis of the competent authority’s decision approving the funding list; For non-project aid equivalent to USD 20,000 or higher, the appraisal of the non-project aid document must comply with some regulations such as the project’s reasonability in terms of its justification; its targets against priority policies at national, ministerial, sectoral and local levels; expected outcome or products against the project’s targets; each part and its specific activities to create the outcome or output product; target beneficiaries and the project’s budget allocation structure (ODA, non-refundable aid, domestic fund) for activities, including

 

domestic and international consultants, domestic and overseas training, equipment and supplies, management and other expenses. The project’s feasibility in terms of inputs of the entire project and each activity; size and level of assurance of funding of the project (ODA, non-refundable aid, domestic fund), domestic financial mechanism applicable to the project; duration of implementation; implementation solutions, including earlier implemented activities; organization and mechanism for management and implementation of the project; the Vietnamese party’s capacity to satisfy the donor’s conditions; plan and measures to monitor, evaluate and promote the project implementation; the project’s impacts; risks and risk prevention measures, finally, the project’s sustainability in terms of elements necessary to ensure promotion of the project’s impacts after its completion and the commitments or conditions of the donor and Vietnamese party to guarantee the project’s sustainability.

This Circular takes effect on February 26, 2014.

Ü SCIENCE - TECHNOLOGY


SCIENCE AND TECHNOLOGY ORGANIZATION MUST HAVE
AT LEAST 5 EMPLOYEES WITH UNIVERSITY DEGREE
 

On January 27, 2014, the Government issued the Decree No. 08/2014/ND-CP Detailing and guiding the implementation of a number of articles of the Law on Science and Technology, within that, there are many important contents.

In particular, Each science and technology organization must have at least 5 (five) employees who possess a university or higher degree  and work on a full-time or part-time basis, at least 30% of whom possess professional qualifications relevant to the registered major field of activity and at least 40% of whom work on a full-time basis. If established to develop a new field of science and technology, a science and technology organization must have at least 1 (one) employee who possesses a university degree in the registered field of operation and works on a full-time basis. And the head of a science and technology organization must possess a university or higher degree and have managerial experience and relevant professional competence; and dead of science and technology organizations that are higher education institutions must meet the conditions prescribed by the law on higher education.

Besides regulations on human resources in science and technology organization, this Circular also stipulates the distribution of profits when using, or assigning the right to use, transferring or contributing as capital, results of scientific research and technological development funded

 

by the state budget. Remuneration to authors as agreed between the parties, at least 30%; distribution to brokers as agreed between the parties, not exceeding 10%; and after distribution to authors and brokers (if any), the remaining profit shall be distributed as follows: in case of being assigned the right to own: 50% for investment in scientific research and technological development and 50% for the welfare and reward fund of the organization; in case of being assigned the right to use: no more than 10% to be returned to the representative of the state owner as agreed between the parties, and 50% of the remainder for investment in scientific research and technological development and the rest for the welfare and reward fund of the organization

In case an organization or individual uses results of scientific research and technological development for improvement and development of technology for commercialization and registration for protection of intellectual property rights, agreement of the owners of such results must be obtained. The distribution of profits earned from the commercialization prescribed in this Clause must be agreed in writing between the organization or individual concerned and the owner or representative of the state owner of results of scientific research and technological development in conformity with each party’s contribution.

This Decree takes effect on March 15, 2014

Ü ECONOMIC – SOCIAL POLICIES


THE ELECTRICITY RETAIL TARIFF IS FROM 0 – 50KWH IS 92% OF THE AVERAGE PRICE
 

On April 07, 2014, the Prime Minister signed the Decision No. 28/2014/QD-TTg  on structure of electricity retail tariff.

In particular, this Decision regulates that the electricity retail price for domestic purposes include 6 levels, from 0 – 50 kWh is 92%; from 51 – 100 kWh is 95%; from 101 – 200 kWh is 110%; from 201 – 300 kWh is 138%; from 301 – 400 kWh is 154%; from 401 kWh or higher: 159% compared with the average electricity retail price.

 

Also in accordance with this Decision, the electricity retail price for business is decreased by 5% in the normal hours; decreased by 3% in off-peak hours and decreased by 8% in peak hours compared with regulations. This level is applied to voltage level from 22 kV or higher; voltage level from 6 kV to less than 22 kV; voltage level of less than 6 kV.

This Decision takes effect on June 01, 2014 and replaces the Decision No. 268/QD-TTg dated February 23, 2011.

 

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