Legal Document Updates in English (36/2018)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

18/2018/TT-NHNN

Circular No. 18/2018/TT-NHNN dated August 21, 2018 of the State Bank of Vietnam on information system security in banking operations

 

Requirements for candidates in the information system

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

2

27/2018/TT-BCT

Circular No. 27/2018/TT-BCT dated September 19, 2018 of the Ministry of Industry and Trade on annulling the provisions on granting automatic import licenses for motorcycles of a cylinder capacity of 175 cm3 or higher

 

Annul provisions on granting automatic import licenses for motorbike with capacity of 175cm3

Page 2

3

22/2018/TT-BCT

Circular No. 22/2018/TT-BCT dated August 21, 2018 of the Ministry of Industry and Trade on providing guidance on pilot auctions for sugar import quotas in 2018

 

To auction 94,000 tons of imported sugar in 2018

 

Page 2

COMMERCE

 

COMMERCE

4

124/2018/ND-CP

Decree No. 124/2018/ND-CP dated September 19, 2018 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 63/2011/ND-CP of July 28, 2011, detailing and guiding the implementation of a number of articles of the Law on Commercial Arbitration

 

Registry for arbitration center operation: No need papers proving the office

Page 3

AGRICULTURE – FORESTRY

 

AGRICULTURE – FORESTRY

5

114/2018/ND-CP

Decree No. 114/2018/ND-CP dated September 04, 2018 of the Government on dam and reservoir safety management

 

Reservoir operation procedures must be submit for approval

Page 3

NAVIGATION

 

NAVIGATION

6

44/2018/TT-BGTVT

Circular No. 44/2018/TT-BGTVT dated August 03, 2018 of the Ministry of Transport on issuing economic - technical norms for dredging of marine works

 

Economic - technical norms for dredging of marine works

Page 3

 

SUMMARY:

 

Ü FINANCE – BANKING

 

REQUIREMENTS FOR CANDIDATES IN THE INFORMATION SYSTEM

 

On August 21, 2018, the State Bank of Vietnam issues the Circular No. 18/2018/TT-NHNN on information system security in banking operations.

In accordance with the requirements of this Circular, consider and evaluate personal ethics and professional qualifications based upon curriculum vitae and juridical record of each employee before appointing such employee to vital position of the information system such as operator of Level 3 information system or information system administrator .
 

 

The recruited candidates are required to make a written commitment to information security on a separate basis or give such commitment in the labor contract. Such commitment must include terms and conditions regarding responsibilities for information security during and after a period of time working for the institution.

The updated regulations on information system security shall be broadcasted and provided to all staff members at least once every year.

This Circular takes effect on January 01, 2019.

Ü EXPORT – IMPORT


ANNUL PROVISIONS ON GRANTING AUTOMATIC IMPORT LICENSES
FOR MOTORBIKE WITH CAPACITY OF 175CM3
 

The Ministry of Industry and Trade issues the Circular No. 27/2018/TT-BCT on annulling the provisions on granting automatic import licenses for motorcycles of a cylinder capacity of 175 cm3 or higher on September 19, 2018.

Accordingly, the Circular No. 06/2007/TT-BTM on guiding the import of motorcycles of a cylinder capacity of 175 cm3 or higher and Article 3 of the Circular No. 10/2011/TT-BCT shall be annulled on November 05, 2018.

 

The Circular No. 06/2007/TT-BTM prescribed, motorcycles of a cylinder capacity of 175 cm3 or higher are imported under automatic import licenses granted by the Ministry of Trade and the import of used high-cylinder capacity motorbikes is prohibited.

From the effective date of this Circular, the procedures for import of motorcycles of a cylinder capacity of 175 cm3 or higher shall be carried out at customs offices in accordance with the current regulations.

This Circular takes effect on November 05, 2018.


TO AUCTION 94,000 TONS OF IMPORTED SUGAR IN 2018
 

On August 21, 2018, the Ministry of Industry and Trade issues the Circular No. 22/2018/TT-BCT on providing guidance on pilot auctions for sugar import quotas in 2018.

This Circular prescribes, the amount of imported sugar to be auctioned according to tariff quotas in 2018 shall be 94,000 tons.

The auction of sugar import quotas in 2018 shall be conducted under the control of the Board of pilot auction which is established by the Ministry of Industry and Trade.

 

Also in accordance with this Circular, when completing sugar import procedures, in addition to implementing current regulations, tradespersons shall be required to submit the written notification of assignment of the right to use sugar import quota, issued by the Ministry of Industry and Trade to the customs authority where import procedures are implemented in accordance with customs legislation.

This Circular takes effect from August 21, 2018 to December 31, 2018.
 

Ü   COMMERCE


REGISTRY FOR ARBITRATION CENTER OPERATION:
NO NEED PAPERS PROVING THE OFFICE

 

The Decree No. 124/2018/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 63/2011/ND-CP of July 28, 2011, detailing and guiding the implementation of a number of articles of the Law on Commercial Arbitration is issued on September 19, 2018 by the Government.

Accordingly, to annul the provision: The original or a certified copy of the paper proving the working office of the arbitration center shall be handed when registration of operation of arbitration centers. From the effective date of

 

this Decree, individual and organization only hands these documents to the provincial-level Justice Department:

- An application for operation registration;

- A certified copy of the establishment license of the arbitration center; in case of submission of a copy, the original is required for comparison;

- A certified copy of the charter of the arbitration center; in case of submission of a copy, the original is required for comparison;

This Decree takes effect on the signing date.

Ü  AGRICULTURE – FORESTRY


RESERVOIR OPERATION PROCEDURES MUST BE SUBMIT FOR APPROVAL
 

This is a highlight in the Government’s Decree No. 114/2018/ND-CP on dam and reservoir safety management which is issued and takes effect on September 04, 2018.

The Decree emphasizes that dam and reservoir safety management must be performed regularly and continuously during the process of surveying, designing, constructing, managing, operating and protecting dams and dam reservoirs.

The investor of dam and reservoir construction shall establish a reservoir operation procedure and submit it to competent regulatory agencies for approval before retaining water then transfer it to the operator of dam and reservoir

 

and state management agency of irrigation, hydroelectricity and natural disaster prevention and control.

As for the reservoir is currently in operation without any operation procedure, the irrigational dam and reservoir operator or hydroelectric dam and reservoir owner shall establish an operation procedure and submit it to competent state agencies for approval within 01 year from the effective date of this Decree.

In addition, the dam and reservoir operator shall check the dam and reservoir safety then send the periodic reports by April 15 every year for Northern areas, North-central, Central Highlands and Southern areas; by August 15 every year for South Central areas.

Ü  NAVIGATION


ECONOMIC - TECHNICAL NORMS FOR DREDGING OF MARINE WORKS
 

The Circular No. 44/2018/TT-BGTVT on issuing economic - technical norms for dredging of marine works is issued on August 03, 2018 by the Ministry of Transport.

Subjects of application:

Economic – technical norms for dredging of marine works are applied to domestic and foreign entities, organizations and individuals related to the dredging and overhaul of shipping channels, internal waters and territorial waters within the seaport’s water area.

Contents of these norms:

- Labor consumption rate refers to the number of working days of direct construction workers and workers providing construction support services.

- Construction machinery or equipment operation rate refers to the number of shifts during which both main construction machinery or equipment and auxiliary ones are directly operated to complete a construction workload unit.  

Layout of these norms: These norms contain 2 chapters:

Chapter I: General provisions

 

Chapter II: Economic - technical norms for dredging of marine works.

- Submarine grab dredge;

- Transportation of dredged materials by self-propelled barges;

- Components which are consumed within a specified norm shall be defined according to the following principles:

+ Main and marginal labor consumption rate shall be determined by the number of working days specific to the average ranks of direct construction workers;   

+ The construction equipment and machinery operation rate shall be determined by the number of shifts on which construction equipment or machinery is operated;

+ The operation rate of other construction equipment and machinery shall be determined by the ratio (in percent) of operation of these equipment and machinery to total cost of operation of main equipment or machinery.

This Circular takes effect on October 01, 2018.

 

 

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