Legal Document Updates in English (26/2016)

EXEMPT IMPORT TAX WITHIN 05 YEARS FOR RAW MATERIALS
OR COMPONENTS WHICH MUST BE IMPORTED

Circular No. 83/2016/TT-BTC issued by the Ministry of Finance on June 17, 2016 guiding the implementation of the investment incentive programs under the provisions of the Law on Investment and the Decree No. 118/2015/ND-CP dated November 12, 2015 specifying and guiding the implementation of several articles of the Law on Investment.

Accordingly, Investment projects belonging to the approved list of sectors or professions qualifying for investment incentives referred to in Section A, Appendix I, or developed in areas faced with special economic - social difficulty shall be entitled to import duty incentives and exempt import tax within 05 years for raw materials or components which must be imported.

Investment projects located within rural areas that hire at least 500 employees (excluding those who are not working

AUDITS OF PROJECTS FINANCED BY THE GOVERNMENT’S ON-LENDING
OF FOREIGN BORROWED FUNDS

Takes effect on July 20, 2016, the Circular No. 79/2016/TT-BTC dated June 06, 2016 of the Ministry of Finance guiding the implementation of the financial audits of programs or projects financed by the Government’s on-lending of foreign borrowed funds on Auditing of eligibility to qualify for on-lent funds; sub-borrowers’ financial competence; loan application schemes and debt repayment capability of sub-borrowers; assets pledged as collateral for on-lent loans by sub-borrowers; and remarks on non-financial elements and risk assessment and risk minimization measures.

Within that, auditing financial competence of sub-borrowers shall be conducted by means of assessing audited financial statements of 03 most recent consecutive years preceding the year when auditing of financial competence of sub-borrowers takes place. Where sub-borrowers have not completed full 3 years of operation, a written guarantee of the owner’s representative, owner or parent company for

NOTIFY STUDENTS’ PARENTS OR GUARDIANS OF THEIR CHILD’S HEALTH PERIODICALLY
 

At the Joint Circular No. 13/2016/TTLT-BYT-BGDDT dated May 12, 2016 on regulations on healthcare activities in schools, notify students’ parents or guardians of their child’s health at least once an academic year or where necessary. Medical staff shall assess students’ health status by the graduation as the basis for health recording in the higher level.

At the same time, carry out health examination at the beginning of every academic year to assess student’s physical and nutritional status by measuring the  height and weight of students of under 36 months olds; and measuring the height and weight, blood pressure, heart rate and visual acuity of students of older 36 months old . Monthly and quarterly measure  the height and weight and record  physical developmental milestone charts of under-24- month students and above-24-month students, respectively;

PROHIBIT SELLING A DRUG AT A PRICE HIGHER THAN ITS DECLARED
OR POSTED PRICE
 

From January 01, 2017, to prohibit to sell a drug at a price higher than its declared or posted price; Manufacturing, preparing or selling traditional drugs combined with pharmaceutical ingredients without permission of a competent state management agency, providing information, advertising, marketing, making prescriptions for, providing consultations on, labeling or providing use instructions for non-drug products, except medical equipment for the purpose of prevention, cure, diagnosis, treatment or mitigation of disease or modification of physiological functions of the human body…is the important content prescribed at the Law No. 105/2016/QH13 on Pharmacy passed on April 06, 2016 and replaces the Law on Pharmacy No. 34/2005/QH11.

Besides, working positions requiring a pharmacy practice certificate, including person responsible for professional pharmacy activities at a pharmaceutical business establishment; person in charge of quality assurance at a drug or drug material manufacturing establishment; person in charge of clinical pharmacy at a medical examination and treatment establishment. Conditions for a person to be granted a pharmacy practice certificate include possessing a professional degree or certificate (below collectively referred to as professional degree) granted or recognized in Vietnam and relevant to the working position and employing

IMPOSE A FINE OF VND 5 MILLION FOR IMPORT OF PESTICIDES BANNED  FROM  USE
 

This is the content prescribed at the Decree No. 31/2016/ND-CP of the Government on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine.

Accordingly, from June 25, 2016, importing formulated pesticides which are in the list of pesticides permitted for use in Vietnam from a manufacturer other than that stated in the pesticide registration certificate granted in Vietnam; or importing formulated pesticides which are in the list of pesticides permitted for use in Vietnam but remaining of shelf life, as of the date on which such pesticides enter Vietnam, is below two-thirds of that specified in their labels shall have a fine of from VND 3 million to VND 5 million, within that the previous regulation is only from VND 3 million to VND 5 million. This Decree also regulates that  failing to follow instructions for use which are stated in labels of pesticides; and failing to collect and put packages of used pesticides in regulated places shall have r a fine of from VND 2 hundreds to VND 5 hundreds. A fine of from VND 1 million to VND 2 million shall be imposed for any of the violations such as using a type of pesticides whose commercial names are not in the list of pesticides permitted