Legal Document Updates in English (33/2012)

IMPROVING YIELD AND QUALITY OF KEY AGRICULTURAL PRODUCTS
 

The Prime Minister approved the Project on yield and quality improvement of products and goods of the agricultural sector to 2020 under the national program on yield and quality improvement of products and goods of Vietnamese enterprises to 2020 under the Decision No. 635/QD-TTg dated May 30, 2012.

One of the project objectives is to synchronously apply scientific advances, renew technologies and improve management in order to remarkably raise the yield and quality of key agricultural, forest and fishery products and increase the competitiveness of goods to meet domestic demand and boost export, making contributions to economic development and social security improvement.

BY 2020, ACCREDITING ALL MODEL VOCATIONAL TRAINING CENTERS
 

On May 29, 2012, the Prime Minister issued the Decision No. 630/QD-TTg approving the vocational training development strategy for the 2011-2020 period.

Besides the targets that by 2020, there will be about 230 vocational colleges including 40 high-quality ones and all key national occupations and regional and international occupations; high-quality schools and model vocational training centers will be accredited. The Prime Minister also approved some other targets.

Specifically, the targets are by 2020, the rate of vocationally trained laborers will reach 55%, equivalent to 34.4 million people; to supplement, revise and promulgate 150 curricula and course books for key national occupations; to promulgate 400 sets of national occupational skill standards, including 150 for key national occupations; to complete the labor market system linking vocational training with employment.

BY 2015, AT LEAST 80% OF THE TOTAL HOUSEHOLDS NATIONWIDE CLASSIFIED
AS OF CULTURAL STANDARDS
 

On July 30, 2012, the Ministry of Finance promulgated the Circular No. 125/2012/TT-BTC guiding the financial regime applicable to insurers, reinsurance businesses, insurance brokers and branches of foreign non-life insurers.

Accordingly, this Circular regulates that the paid-up charter capital (or the allocated capital) of insurers, reinsurance businesses, insurance brokers and branches of foreign non-life insurers must correspond with the operational contents, scope and geographical area of insurance businesses, insurance brokers, and foreign branches. Specifically, if the paid-up charter capital (or the allocated capital) is equal to its legal capital, the insurance business shall be permitted to open a maximum of 20 branches and representative offices. The non-life insurers, foreign branches shall not be permitted to conduct business in aviation insurance and satellite insurance.

In the case of extending the operational contents, scope and geographical area, the insurance businesses, insurance brokers, foreign branches shall implement supplement of the paid-up charter capital (or the allocated capital) as follows: With respect to every branch or representative office being opened more, the insurance

GRANTING THE AUTOMATIC IMPORT LICENSES
FOR SOME IRON, STEEL PRODUCTS
 

On August 07, 2012, the Ministry of Industry and Trade issued the Circular No. 23/2012/TT-BCT prescribing the application of automatic import licenses to some steel products.

Some products are applied for automatic import licenses such as iron, steel, iron and steel products. Specifically, flat-rolled products of iron or non-alloy steel, of any width, cold-rolled (cold-reduced), not clad, plated or coated; Flat-rolled products of stainless steel; Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel….

Automatic import licenses are valid for 30 days as from being certified by the Ministry of Industry and Trade. If the automatic import license is lost or damaged,

LIST OF 7 INDUSTRIES AND PROFESSIONS ELIGIBLE
FOR INDUSTRIAL ENCOURAGEMENT POLICIES
 

On May 21, 2012, the Government issued the Decree No. 45/2012/ND-CP on industrial encouragement with a view to mobilizing domestic and overseas resources to directly invest in or support organizations and individuals engaged in industrial or handicraft production.

The Decree promulgated the list of industries and professions eligible for industrial encouragement policies, including: agricultural, forestry and fishery product processing and food processing; Production of industrial goods serving consumption and export, production of import substitutes; Chemical industry serving agricultural and rural development; Building material production; Manufacture of products and spare parts; assembly and repair of engineering, electrical and electronic and IT machinery, equipment and instruments. Manufacture and processing of details and semi-finished products and ancillary industries; Production of handicrafts…

FRESH FRUITS IMPORTED INTO VIETNAM FOR THE FIRST TIME
SHALL BE SUBJECT TO PEST RISK ANALYSIS
 

On August 13, 2012, the Ministry of Agriculture and Rural Development issued the Circular No. 39/2012/TT-BNNPTNT promulgating the list of articles subject to plant quarantine and pest risk analysis before being imported into Vietnam.

Under this Circular, articles such as trees and parts of tree being still alive and used for planting; Fresh fruits; Grass and grass seeds of all types; Useful organisms and other organisms being still alive and having risk causing harmful to plant resources; Round timbers, sawn timbers have not processed of plant quarantine; Other articles at high risk of carrying harmful organisms subject to adjustment of Vietnam which are imported into Vietnam for the first time or being of a new origin shall be subject to pest risk analysis when imported from September 27, 2012.

PEOPLE HAVING THE INTERNATIONAL CERTIFICATES IN AUDIT
CAN TAKE EXAMS FOR AUDIT PRACTITIONER CERTIFICATES
 

This is one of the contents regulated under the Circular No. 129/2012/TT-BTC dated August 09, 2012 of the Ministry of Finance on the exams for and issuance of the Audit practitioner certificates and Accounting practitioner certificates.

Accordingly, these people who have the Bachelor’s degree in other professions and the certificate or qualification in the courses issued by the professional organizations of accounting and audit (The professional organizations of accounting and audit that issue certificates and qualifications must be members of the International Federation of Accountants (IFAC) that have established representative offices or branches in Vietnam and must sign the agreement on the cooperation exams for professional Audit practitioner certificates with the Ministry of Finance of Vietnam; The courses, exams and certificates or qualifications issued to the students after completing the courses must be uniform in every nation where such International professional organizations of accounting and audit establish their

representative offices or branches…) can take part in the exam for accounting practitioner certificates

Specifically, the candidates for Audit practitioner certificates must be professionally ethical, honest, upright, and law-abiding; Having worked in finance or accounting for at least 60 months from the month of graduation written on the higher education graduation decision at the time of exam registration; or having worked as an audit assistant in an audit enterprise for at least 48 months from the month of graduation written on the higher education graduation decision at the time of exam registration; Completely and correctly submit the exam application and fee as prescribed.

This Circular takes effect on September 25, 2012 and supersedes the Decision No. 94/2007/QĐ-BTC on November 16, 2007 and the Circular No. 171/2009/TT-BTC on August 24, 2009

THE INSURANCE BUSINESS ONLY PERMITTED TO OPEN A MAXIMUM OF 20 BRANCHES
 

This is one of the conditions on material facilities for HIV/AIDS prevention and control counseling organizations regulated under the Circular No. 06/2012/TT-BYT dated April 20, 2012 of the Ministry of Health stipulating on conditions of establishment and operational content for HIV/AIDS prevention and control counseling organizations.

In addition to some conditions such as: the counseling room must be with 7m2 as a minimum area, offer privacy, be airy and have enough light. Reception room must satisfy other conditions. Specifically, the reception room must be with 10m2 as a minimum area; having a notice board of counseling scope; having book to record name or code of the counseled, the counseling content summarized; having equipment minimally necessary for the counseling,

including work desks, chairs and educational materials servicing for counseling task.

The Circular also regulates that HIV/AIDS prevention and control counseling organizations must have at least a specialized and responsible officer. The direct counselor must possess professional level in either health or social science at mid-level or higher and have counseling skill on HIV/AIDS knowledge.

Provincial Services of Health is responsible for guiding and receiving dossier of notification, inspect, supervise operations of the HIV/AIDS prevention and control counseling organization quaterly, of irregular and implement reports under provisions on reporting the operations of HIV/AIDS prevention and control.

This Circular takes effect on July 01, 2012.

GRANTING THE AUTOMATIC IMPORT LICENSES
FOR SOME IRON, STEEL PRODUCTS
 

On August 07, 2012, the Ministry of Industry and Trade issued the Circular No. 23/2012/TT-BCT prescribing the application of automatic import licenses to some steel products.

Some products are applied for automatic import licenses such as iron, steel, iron and steel products. Specifically, flat-rolled products of iron or non-alloy steel, of any width, cold-rolled (cold-reduced), not clad, plated or coated; Flat-rolled products of stainless steel; Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel.
Automatic import licenses are valid for 30 days as from being certified by the Ministry of Industry and Trade. If the automatic import license is lost or damaged,