Legal Document Updates in English (34/2017)

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TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE - BANKING

1

08/2017/TT-NHNN


Circular No. 08/2017/TT-NHNN dated August 01, 2017 of the State Bank of Vietnam on procedures for carrying out banking supervision

 

* Procedures for carrying out banking supervision

Page 2

2

06/CT-NHNN

Directive No. 06/CT-NHNN dated July 20, 2017 of the State Bank of Vietnam on implementing the Resolution No. 42/2017/QH14 on pilot settlement of bad debts of credit institutions and Decision No. 1058/QD-TTg on approving Scheme for “Restructuring system of credit institutions associated with settlement of bad debts in the period of 2016-2020

 

Vietnam tries to have at least 1 or 2 commercial banks ranked in the Asia’s 100 largest banks

Page 2

MEDICAL - HEALTH

 

MEDICAL - HEALTH

3

34/2017/TT-BYT

Circular No. 34/2017/TT-BYT dated August 18, 2017 of the Ministry of Health guiding the prenatal and neonatal consultation, screening, diagnosis, and treatment

 

* Regulations on abortion due to birth defects as deemed appropriate

Page 2

4

31/2017/TT-BYT

Circular No. 31/2017/TT-BYT dated July 25, 2017 of the Ministry of Health on the List of potentially unsafe goods under the management of the Ministry of Health

 

List of potentially unsafe goods in the medical industry

Page 3

5

20/2017/TT-BYT

Circular No. 20/2017/TT-BYT dated May 10, 2017 of the Ministry of Health on detailing a number of articles of the Law on Pharmacy and the Decree No. 54/2017/ND-CP dated May 08, 2017 of the Government on detailing a number of articles of and providing measures for implementing the Pharmacy Law

 

Toxic drugs must be stored in a separate area

Page 3

 

SUMMARY:

 

Ü  FINANCE – BANKING         


PROCEDURES FOR CARRYING OUT BANKING SUPERVISION
 

On August 01, 2017, the State Bank of Vietnam issued the Circular No. 08/2017/TT-NHNN on procedures for carrying out banking supervision in order to prevent, detect and promptly handle the risks that threaten operational safety of banks, violate regulations on operational safety of banks.

Contents of banking supervision includes collection, consolidation and handling of documents, information and data of the supervised entity; consider and monitor the compliance with regulations on prudential ratios and limits for operational safety of banks and other relevant regulations of law; the implementation of inspection conclusions, recommendations and warnings about banking supervision; regularly analyze and assess financial condition, operation, management and level of risks of credit institutions and foreign banks’ branches and entire system of credit institutions and foreign banks' branches; rank credit institutions and foreign banks’ branches; detect

 

and warn about factors, negative changes, risks that threaten operational safety of each credit institution and branch of a foreign bank and system of credit institutions; possible violations against the finance and banking laws; request and propose measures for preventing and handling the supervised entities’ risks and violations against law.

Procedures for carrying out banking supervision includes 4 steps: collect, consolidate, handle and store documents, information and data; analyze and assess the supervised entities by carrying out micro-prudential supervision and macro-prudential supervision as; propose interfering and adjusting actions, including remedial measures for banking supervision; carry out post-inspection supervision after the conclusion on inspection of the supervised entity is received from the unit responsible for banking inspection.

This Circular takes effect on December 01, 2017.


VIETNAM TRIES TO HAVE AT LEAST 1 OR 2 COMMERCIAL BANKS RANKED
IN THE ASIA’S 100 LARGEST BANKS
 

On July 20, 2017, the State Bank of Vietnam issued the 06/CT-NHNN dated  July 20, 2017 of the State Bank of Vietnam on implementing the Resolution No. 42/2017/QH14 on pilot settlement of bad debts of credit institutions and Decision No. 1058/QD-TTg on approving Scheme for “Restructuring system of credit institutions associated with settlement of bad debts in the period of 2016-2020”.

At the Directive, the State Bank of Vietnam emphasizes the objectives for the measures for restructuring of system associated with settlement of bad debts as mentioned in Scheme 1058 will be synchronously initiated, financial situation will be made healthier, administration capacity of credit institutions will be improved as per the law and in conformity with international practice; commercial banks, by

 

2020, are basically expected to have regulatory capital as required by Basel II; and at least 1 or 2 commercial banks is/are ranked in the Asia’s 100 largest banks. By 2020, bad debt ratio of the system, bad debt ratio to be sold to VAMC and bad debt ratio having undergone classification measures is expected to account for less than 3%.

For above objectives, the State Bank of Vietnam requires credit institution to formulate a structural plan associated with settlement of bad debts ; adopt measures for improving internal administration capacity, especially risk management, improving credit appraisal quality, improving qualifications of personnel in charge of credit appraisal and debt settlement; and effectively adopt measures for avoiding incurring bad debts by violations of law at individual credit institutions.

Ü   MEDICAL - HEALTH    


REGULATIONS ON ABORTION DUE TO BIRTH DEFECTS
AS DEEMED APPROPRIATE
 

This is one of the important contents prescribed at the Circular No. 34/2017/TT-BYT by the Ministry of Health on August 18, 2017 guiding the prenatal and neonatal consultation, screening, diagnosis, and treatment.

In particulars, the abortion will only be considered upon serious abnormality of form and structure of the fetus; abnormality of chromosomes, fetus with molecular genetic disorders due to genetic mutations that no specific therapeutic method is found resulting in high risk of disability after birth. The abortion due to birth defects will be considered upon the written consent of the pregnant woman who has received sufficient consultation from a health worker. A health facility obtaining a property operating license within its specialties approved by the competent authority must hold a medical consultation with

 

related specialties to consider whether to abort the pregnancy.

Medical consultation is composed of specialists with at least 5 years' experience in the following areas of specialization: obstetrics, pediatrics, cardiovascular, medical imaging, testing and pathological anatomy. The medical consultation members may work for departments in the health facility or are invited from other health facilities.

According the medical consultation determinations, the specialized head of the health facility shall consider whether to abort the pregnancy due to the birth defects according the medical consultation determinations.

This Circular takes effect on October 2, 2017 and annuls the Circular No. 34/2016/TT-BYT dated September 21, 2016.


LIST OF POTENTIALLY UNSAFE GOODS
IN THE MEDICAL INDUSTRY
 

List of potentially unsafe goods under the management of the Ministry of Health issued by the Ministry of Health on July 25, 2017 at the Circular No. 31/2017/TT-BYT.

In particular, the list of potentially unsafe goods under the management of the Ministry of Health  including 6 categories of goods such as commercial medicines, vaccines, biological products for disease treatment; medicine ingredients, primary packages of medicines; type B, C and D medical equipment specified in the Government’s Decree No. 36/2016/ND-CP dated May 15, 2016 on the management of medical equipment; contraceptives; insecticides and germicides for domestic use (housing, schools, public works, office buildings or airplanes) and medical use and traditional medical equipment.

Within that, the contraceptives includes implants; intrauterine devices (IUDs); condoms and lubricants

 

and transdermal contraceptive patches, vagina rings and injections…the insecticides and germicides for domestic use includes Insect repellent incenses; Electric or non-electric insect repellent and killer mats; Insect repellent and killer solutions; Insect poisons in the form of powder, gel or spray; Insecticidal sprays; Insect repellent lotions, gel, sprays, mats or bracelets for human; Insect repellent or killer nets, curtains, hammocks, fabric or paper impregnated with chemicals; Insecticidal chemicals and preparations; Preparations used for killing mosquito larvae; Gel hand sanitizer for domestic use; Antiseptic lotions for patients and medical officers; Disinfectants applied to tools, surfaces or household utensils; Anti-bacteria chemicals used for domestic water; Skin antiseptics for medical use..

This Circular takes effect on September 15, 2017 and annuls the Circular No. 44/2011/TT-BYT dated December 06, 2011.


TOXIC DRUGS MUST BE STORED IN A SEPARATE AREA
 

On May 10, 2017, the Ministry of Health issued the Circular No. 20/2017/TT-BYT dated May 10, 2017 of the Ministry of Health on detailing a number of articles of the Law on Pharmacy and the Decree No. 54/2017/ND-CP dated May 08, 2017 of the Government on detailing a number of articles of and providing measures for implementing the Pharmacy Law.

This Circular prescribes that health facilities, rehabilitation centers, pharmacy research or training institutions, organizations having non-commercial pharmacy-related activities shall comply with Good Storage Practice standards.  Narcotic drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, drug precursors must be stored in separated and locked warehouses or cabinet. If separate warehouses or cabinets are not available, narcotic drugs may be stored in the same cabinet as psychotropic drugs and precursor drugs but they must be marked and separated from each other; Psychotropic drugs of a local medical station must be

 

stored in locked cabinet and monitored by a specific person; Combined drugs that contain narcotic active ingredients, psychotropic active ingredients or precursors must be stored in a separate area….

The drug manager's qualifications must be suitable for the controlled drugs under his/her management. Regarding narcotic drugs and narcotic active ingredients, the manager of the hospital pharmacy shall have a bachelor’s degree in pharmacy or a higher degree, the managers of other facilities shall have an associate degree in pharmacy or a higher degree; regarding psychotropic drugs, precursor drugs, medicinal ingredients that are psychotropic active ingredients and drug precursors, the manager shall have an associate degree in pharmacy or a higher degree.  If no one in a local medical station has the required qualification, the head of the medical station shall assign, in writing, a person who has a medical assistant qualification or higher.

This Circular takes effect on July 01, 2017.

 

 

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