Legal Document Updates in English (34/2014)

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NUMBER

TITLE

 

In This Updates:

MEDICAL - HEALTH

 

MEDICAL - HEALTH

1

19/2017/TT-BYT

Circular No. 19/2014/TT-BYT dated June 02, 2014 of the Ministry of Health managing the addictive drugs, psychotropic drugs, and drug precursor substances

 

Retail raw materials that contain addictive ingredients

Page 2

BIDDING – COMPETITION

 

BIDDING - COMPETITION

2

63/2014/ND-CP

Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing a number of articles of the Bidding Law regarding contractor selection

 

Bidding packages for consultancy services may select online contractors

Page 2

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

3

61/NQ-CP

Resolution No. 61/NQ-CP dated August 21, 2014 of the Government on amending, supplementing the Resolution No. 02/NQ-CP dated January 07, 2013 of the Government on promulgating solutions in removing difficulties for business and production, supporting market and handling bad debts

 

Supporting time for preferred loans is a maximum of 15 years

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

4

58/2014/ND-CP

Decree No. 58/2014/ND-CP dated June 16, 2014 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs

 

Change the organizational structure of the Ministry of Home Affairs

Page 3

AGRICULTURE – FOREST

 

AGRICULTURE - FOREST

5

23/2014/TT-BNNPTNT

Circular No. 23/2014/TT-BNNPTNT dated July 29, 2014 of the Ministry of Agriculture and Rural Development guiding the implementation of the Decree No. 36/2014/ND-CP dated April 29, 2014 of the Government on raising, processing, and exporting pangasius

 

Destroy pangasius products on the use of illegal chemicals, additives

Page 3

 

SUMMARY:

 

Ü MEDICAL - HEALTH


RETAIL RAW MATERIALS THAT CONTAIN ADDICTIVE INGREDIENTS
 

In accordance with the Circular No. 19/2014/TT-BYT dated June 02, 2014 of the Ministry of Health managing the addictive drugs, psychotropic drugs, and drug precursor substances. Drugstores must not buy, sell raw materials or semi-finished products that contain addictive ingredients, psychotropic ingredients, or drug precursor substances.

In accordance with this Circular, any drugstore that comply with GPP may retail commercial addictive drugs, commercial psychotropic drugs, commercial precursor drugs, commercial combined drugs that contain addictive ingredients, combined drugs that contain psychotropic ingredients, or combined drugs that contain drug precursor substances to outpatients. Every drugstore that sells commercial addictive drugs must apply for a registration. Owners of drugstores and persons in charge of expertise are responsible for management and retailing of commercial addictive drugs. Holders of associate degrees in pharmacy or higher may manage and retail commercial psychotropic drugs and precursor drugs.

At the same time, any of the drugstores may buy commercial addictive drugs, commercial psychotropic drugs, and commercial precursor drugs; commercial combined drugs that contain addictive ingredients, commercial combined drugs that contain psychotropic ingredients, or commercial combined drugs that contain

 

drug precursor substances from drugs exporters and importers, and from drug wholesalers.

Commercial combined drugs that contain addictive ingredients, commercial combined drugs that contain psychotropic ingredients, or commercial combined drugs that contain drug precursor substances on the list of OTC drugs promulgated by the Ministry of Health may be sold to patients without prescriptions. Information about customers must be recorded.

Besides, any facility that manufactures addictive drugs, psychotropic medicines, or drug precursor substances must comply with the regulations such as meeting standards of GMP applied to each dosage form for at least 02 years. With regard to personnel, keepers of addictive drug warehouses must have bachelor’s degrees in pharmacy and have worked for at least 02 years for drug manufacturers; keepers of psychotropic drug and precursor warehouses must have bachelor’s degrees or associate degrees in pharmacy and be authorized in writing by the head of the facility; employees in charge of log-keeping and reporting must have bachelor’s degrees in pharmacy and have worked for at least 02 years for drug manufacturers.

This Circular takes effect on July 15, 2014 and replaces the Circular No. 10/2010/TT-BYT dated April 29, 2010  and the Circular No. 11/2010/TT-BYT dated April 29, 2010.

Ü BIDDING - COMPETITION


BIDDING PACKAGES FOR CONSULTANCY SERVICES MAY SELECT ONLINE CONTRACTORS
 

In accordance with the Decree No. 63/2014/ND-CP issued by the Government on June 26, 2014 detailing a number of articles of the Bidding Law regarding contractor selection. Online selection of contractors applies to bidding packages for consultancy and non-consultancy services, procurement of goods, construction, installation and mixed bidding packages which select contractors through open bidding, restricted bidding, competitive offer, direct procurement or contractor appointment.

For online selection of contractors, the bid solicitor and contractors shall make registration once on the national bidding network. The bid solicitor shall distribute free dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers or dossiers of requirements on the national bidding network. For each bidding package, contractors shall submit dossiers of expression of interest, dossiers for participation in prequalification, bid dossiers or dossiers of proposals once on the national bidding network.

The bid solicitor shall open bids on the national bidding network immediately after the time of bid closing. In case no contractor submits dossiers, the bid solicitor shall report such to the project owner for consideration and re-organization of online selection of contractors. In case fewer than 3 contractors submit dossiers, the bid solicitor

 

shall open bids immediately without having to handle them. E-documents sent through the national bidding network and information published on the national bidding network shall be regarded as the originals, have the same legal validity and effect as paper documents and serve as a basis for evaluation, appraisal, inspection, examination, audit and disbursement.

The bid solicitor shall open and decode dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers and dossiers of proposals on the national bidding network immediately after the time of bid closing. Records on the opening of dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers or dossiers of proposals shall be published on the national bidding network within 2 hours after the time of bid closing.

After evaluating dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers or dossiers of proposals, the bid solicitor shall input the contractor selection result on the national bidding network. The contractor selection result shall be published on the national bidding network immediately after the decision approving the contractor selection result is issued.

This Decree takes effect on August 15, 2014

Ü ECONOMIC – SOCIAL POLICIES


SUPPORTING TIME FOR PREFERRED LOANS IS A MAXIMUM OF 15 YEARS
 

In accordance with the Resolution No. 61/NQ-CP dated August 21, 2014 of the Government on amending, supplementing the Resolution No. 02/NQ-CP dated January 07, 2013 of the Government on promulgating solutions in removing difficulties for business and production, supporting market and handling bad debts, from August 21, customers being households, individuals with a maximum of 15 years instead of 10 years as before in order to rent, purchase-rent of social houses and to rent, purchase-rent of commercial houses in the projects approved by competent agencies.

At the same time, this Resolution also supplements some loan subjects, within that Cadres, civil servants, public employees and armed forces have low income but meet difficulties on houses when buying commercial houses in the house development projects, investment projects of urban area in the area approved by competent agencies with the total contract value (including houses and land) that don’t exceed 1.05 million dong. Cadres, civil servants,

 

public employees and armed forces that have land and meet difficulties on houses but haven’t received any support from the State under all forms shall be allowed to be access to preferred loans to build or upgrade houses. The State Bank of Vietnam shall regulate in detail on the maximum loan rate of these subjects to ensure the principle that it is lower than the amount that each household, individual can borrow to purchase, rent, purchase – rent of social houses at projects on development of social houses in the area.

Besides, households, individuals that propose the suitable plan on upgrading or building social houses in conformity with the law to lease and sell for subjects being Workers in industrial parks, economic zones, export-processing zones, hi-tech zones, industrial factories, handicrafts facilities, factories, enterprises (even inside and outside of industrial zones) of all sectors belonging to economic factors; workers working in urban areas; students at universities, colleges, professional school, professional colleges in accordance with the Government’s regulations

Ü ORGANIZATIONAL STRUCTURE


CHANGE THE ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF HOME AFFAIRS
 

On June 16, 2014, the Government issued the Decree No. 58/2014/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs replaces the Government’s Decree No. 61/2012/ND-CP of August 10, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs.

Therefore, from August 05, 2014, there are 24 units under the Ministry of Home Affairs (add 01 units compared with current regulations), there are 18 administrative units assisting the Minister in performing the state management function; and 6 units are non-business units serving the Ministry’s state management function such as The National Academy of Public Administration; the State Organization Science Institute; Hanoi University of Home Affairs; the Cadres and Civil Servants Training School…

 

Within that, the Organization and Payroll Department has 2 sections; the Local Administrations Department, 4 sections; the Civil Servants and Public Employees Department, 1 section; the Planning and Finance Department, 3 sections; the Ministry Inspectorate, 3 sections; and the Ministry’s Office, 9 sections and representative offices in Ho Chi Minh City and Da Nang city. The National Academy of Public Administration shall comply with current regulations until the Prime Minister promulgates a decision defining the functions, tasks, powers and organizational structure of the Academy.

This Decree takes effect on August 5, 2014.

Ü AGRICULTURE - FOREST


DESTROY PANGASIUS PRODUCTS ON THE USE OF ILLEGAL CHEMICALS, ADDITIVES
 

On July 29, 2014, the Ministry of Agriculture and Rural Development issued the Circular No. 23/2014/TT-BNNPTNT guiding the implementation of the Decree No. 36/2014/ND-CP dated April 29, 2014 of the Government on raising, processing, and exporting pangasius.

Accordingly, the Circular focuses on Dealing with violations against regulations on quality of pangasius products. In particular, Inspectorate shall make the minutes of administrative violations and report Inspecting Authority. Depending on nature and seriousness of violations, inspecting authorities shall suspend the export of pangasius products that violate regulations on moisture, glazing ratio, and labeling and request the facility to destroy or change the purpose of pangasius products violating the regulations on the use of chemicals, additives.

Also in accordance with this Circular’s guidance, If the processing facility fails to submit a report or fails submit a

 

satisfactory report on the remedial measures, the inspecting authority shall carry out a surprise inspection. If the processing facility keeps committing violations, within 07 working days from the day on which it is concluded that the facility keeps committing violations, the inspecting authority shall make an announcement through the mass media of the name, address of the processing facility, and names of the violating products, and the food safety standards that the processing facility fails to achieve. If such facility keeps committing violations after the announcement is made through mass media, inspecting authority shall suspend unsuitable product production and ask competent agencies to deal with the case under regulations of law on administrative penalties for violations against regulations on food safety, goods quality.

This Circular takes effect on September 12, 2014

 

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