Legal Document Updates in English (26/2011)

ISSUING FEE FOR LAISSEZ-PASSERS TO CHINA’S VIETNAM-BORDERING PROVINCES
IS VND 50.000
 

On July 05, 2011, the Ministry of Finance issued the Circular No. 97/2011/TT-BTC amending, supplementing the Circular No. 66/2011/TT-BTC dated March 30, 2009, of the Ministry of Finance prescribing the regime on collection, remittance, management and use of fees on passports, visas and papers on entry, exit, transit and residence in Vietnam

Accordingly, this Circular supplements regulation on Issuing fee for Laissez-passers to China’s Vietnam-bordering provinces is VND 50.000.

Entry fees for other cases are remained as previous regulations: fees for supplementation or modification of passports or laissez-passers equal 25% and for accompanied children of holders of passports or passport substitute papers equal 25% of the respective levels.

This Circular takes effect on September 01, 2011. Other relevant contents to fees on passports, visas and papers on entry, exit, transit and residence in Vietnam shall be implemented in accordance with regulations on the Circular 66/2009/TT-BTC dated March 30, 2009.

APPLICATION OF FILE FORMAT STANDARD IN STATE AGENCIES
 

The Ministry of Information and Communication issued the Circular No. 19/2011/TT-BTTTT dated July 01, 2011 regulating on application of file format standard in state agencies.

This Circular is applied to state agencies including Ministries, ministerial-level agencies, government-attached agencies, provincial/municipal or commune level People’s Committees and units using the state budget.

All files, sheets, readable and adjustable presentation must have formats in accordance with File format standards for opening ODF office applications, specifically: format .odt for document files; format .ods for sheet files; format .odp for presentation files.

State agencies actively regulates at their agencies and units on using File format standards for opening ODF office applications for files of documents, sheets and presentation in storing and exchanging information with organizations and individuals.

Read-only files only apply Portable Document Format (.pdf) standards v1.4, v1.5, v1.6.

This Circular takes effect on August 15, 2011.

CONDOMINIUMS OF GRADE II OR HIGHER MUST HAVE
FORCE-BEARING SAFETY CERTIFICATION
 

On April 06, 2011, the Ministry of Construction issued the Circular No. 03/2011/TT-BXD guiding the inspection, assessment and certification of full satisfaction of force-bearing safety conditions and certification of quality standard conformity of construction works.

Accordingly, Condominiums of grade II or higher; individual houses specified in Clause 2, Article 43 of the Government's Decree No. 71/2010/ ND-CP of June 23, 2010, detailing and guiding the Housing Law; public works;  petroleum industrial works of grade II or higher; irrigation and hydropower dams and reservoirs of grade II or higher;  technical infrastructure works; other works specified by relevant laws must have force-bearing safety certification and quality standard conformity certification.

Besides, at the request of the state management agency in charge of construction for public interests; at the request of investors, owners, managers or users of works or other related organizations or individuals for their interests (interests of individuals

that purchase, lease or own or organizations that sell insurance for these works);  quality standard conformity certification may contain one, some or all requirements on force-bearing, use and operation safety and other requirements on works and work items.

Expenses for force-bearing safety certification and quality standard conformity certification as requested by state management agencies shall be paid by investors as construction investment consultancy expenses to be included in the total work construction investment amount.

This Circular takes effect on June 1, 2011, and replaces the Ministry of Construction's Circular No. 16/2008/TT-BXD of September 11, 2008; Articles 5 and 6 of the Ministry of Construction's Circular No. 22/2009/TT-BXD of July 6, 2009; and Point b, Clause 2, Article 4 and Article 8 of Circular No. 35/2009/TT-BXD. Construction works for which certification has been or is being made under Circular No. 16/2008/TT-BXD must still comply with Circular No. 16/2008/TT-BXD.

20% OF GOODS LOT VALUE NEED TO BE APPLIED MEASURES
OF SUSPENSION OF CUSTOMS PROCEDURES
 

On April 01, 2011, the Ministry of Finance issued the Circular No. 44/2011/TT-BTC guiding the struggle against smuggling and protection of intellectual property rights in the customs field

Accordingly, during the course of customs procedures for imports, exports, the customs agencies are responsible for inspecting and comparing the declared information of the owners on the declarations with informations in the database relating to intellectual property rights

Upon detection of goods being suspected to infringe the intellectual property rights, the Customs Branches make ​​the announcement as prescribed in Article 9 of this Circular. Where there is no information requesting to protect intellectual property rights, but in the process of inspection, the Customs Branches detect and suspect that imported goods faking on intellectual property (e.g. goods bearing brands of Vietnamese enterprises but was imported from abroad without sourcing contracts).

Where there is no information requesting to protect intellectual property rights, but in the process of inspection, the Customs Branches detect and suspect that imported goods faking on intellectual property (e.g. goods bearing brands of Vietnamese enterprises but was imported from abroad without sourcing contracts).

Leaders of Customs Branches direct the actual inspection of goods, taking samples or photography of goods, exchange and supply of information related to the unit being main responsible for intellectual property at the General Department of Customs, Customs Departments of provinces and cities to determine the completion of customs procedures or temporary detention of goods if the suspicion is identified being basis.

During three (03) working days from the date of notification of suspected goods, the Customs Branches are responsible for performing decision to suspend customs procedures after receiving the written request for suspension of customs procedures and ensuring money (20% of goods lot value need to be applied measures of suspension of customs procedures or at least twenty million dong if could not determine the value of such goods lot) or guarantee documents issued by a bank or other credit institutions specified in clause 2, Article 217 of Intellectual Property Law.

The duration of suspension of customs procedures is 10 (ten) working days since the date that applicants for suspension receive the decision to suspend customs procedures.

APPROVING THE THE LIST OF IMPORTED MACHINE WITHIN 07 DAYS
 

On March 30, 2011, the Ministry of Industry and Trade issued the Circular No. 15/2011/TT-BCT stipulating registration procedures of list of imported goods, temporary import goods for re-export, liquidation goods of foreign contractors in the domain of construction in Vietnam.

Accordingly, the foreign contractor who has the license of construction bidding are allowed to register the list of imported, temporarily imported for re-export, temporarily exported for re-import machinery, equipment and materials to perform the works accepted bid in Vietnam. The list of imported machinery, equipment and materials must comply with the bidding contract on types, quantities and origin of each type of machinery, equipment, material.

The registration of the list of imported, temporarily imported for re-export, temporarily exported for re-import machinery and equipment, materials may be conducted by each year or for the whole project, in compliance with the schedule of work construction.

Dossier to register the list of machinery, equipment and materials temporarily imported for re-export comprises one set, including: application together with the

list of imported machinery, equipment and and/or the list of machinery, equipment, materials temporarily imported for re-export; documents of investors or project owners negotiating list of temporarily imported for re-export or imported machinery, equipment, materials (01 original);  construction bidding licenses of foreign contractors; bidding receiving-delivery contract.

Within 07 (seven) working days since the date of receipt of complete and valid dossier, the Ministry of Industry and Trade approves the registration of list of import, temporary import for re-export, temporary export for re-import. In case of refusal, the Ministry of Industry and Trade shall notify in writing and state clearly the reason; if dossier is not complete and valid, Within 05 (five) days since the date of dossier receipt, the Ministry of Industry and Trade sends notification to the foreign contractor requesting for supplement.

This Circular takes effect on May 15, 2011. This Circular replaces the Decision No. 3806/QD-BCT dated July 29, 2009 the Ministry of Industry and Trade on promulgating the application form of registration for the list of goods of import, temporary import for re-export and liquidation of foreign contractors in the domain of construction in Vietnam.