Legal Document Updates in English (36/2020)

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NUMBER

TITLE

 

In This Updates:

EXPORT – IMPORT

 

EXPORT – IMPORT

1

103/2020/ND-CP

Decree No. 103/2020/ND-CP dated September 04, 2020 of the Government on certification of the varieties of fragrant rice exported to the European Union

 

To exempt from quota import duty for 9 fragrant rice varieties imported to the European Union

Page 2

COMMERCE

 

COMMERCE

2

99/2020/ND-CP

Decree No. 99/2020/ND-CP dated August 26, 2020 of the Government on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading

 

Arbitrarily adjusting petrol and oil retail prices shall be fined up to VND 50 million

Page 2

3

19/2020/TT-BCT

Circular No. 19/2020/TT-BCT dated August 14 of the Ministry of Industry and Trade on amending and supplementing a number of Circulars on the implementation of the Rules of Origin under the ASEAN Trade in Goods Agreement

 

Traders must declare documents of self-certification of origin of goods within 7 days

Page 2

EDUCATION – TRAINING – VOCATIONAL TRAINING

 

EDUCATION – TRAINING – VOCATIONAL TRAINING

4

26/2020/TT-BGDDT

Circular No. 26/2020/TT-BGDDT dated August 26, 2020 of the Ministry of Education and Training on amending and supplementing a number of articles of the Regulation on assessment and classification of students in lower secondary schools and upper secondary schools, attached to the Circular No. 58/2011/TT-BGDDT dated December 12, 2011, of the Minister of Education and Training

 

From October 11, specialized high schools’ principals may not give additional tests for specialized subjects

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

5

825/QD-TTg

Decision No. 825/QD-TTg dated June 12, 2020 of the Prime Minister on the establishment and promulgation of the Operational Regulation of the Mekong Delta Regional Coordinating Council for the 2020 – 2025 period

 

To establish the Mekong Delta Regional Coordinating Council

Page 3

INDUSTRY

 

INDUSTRY

6

2093/QD-BCT

Decision No. 2093/QD-BCT dated August 07, 2020 of the Ministry of Industry and Trade on approving the Project on designing the retail electricity market model

 

2 options for power purchase of electricity users

Page 3

 

SUMMARY:

 

Ü  EXPORT – IMPORT

TO EXEMPT FROM QUOTA IMPORT DUTY FOR
9 FRAGRANT RICE VARIETIES IMPORTED TO THE EUROPEAN UNION

Decree No. 103/2020/ND-CP on certification of the varieties of fragrant rice exported to the European Union is issued on September 04, 2020 by the Government.

Specifically, fragrant rice is the rice varieties specified in the List prescribed at Point 8, Sub-section 1, Section B, Appendix 2-A of the EVFTA Agreement. In which, there are 09 fragrant rice varieties eligible for duty-free import under the quota when being exported to the European Union. To be specific: Jasmine 85; ST 5; ST 20; Nang Hoa 9; VD 20; RVT; OM 4900; OM 5451 and Tai nguyen Cho Dao.

Besides, fragrant rice varieties to be certified must meet the following conditions:

Firstly, fragrant rice must be produced from fragrant rice varieties with seed quality in accordance with National

 

Technical Regulations; has clear information on planting area and location (group/village, ward/commune, district/town, province/city).

Secondly, fragrant rice field must be carried out a test to ensure that the purity is not less than 95% (percentage of the plant).

In addition, the Government also stipulates that the fragrant rice field shall be tested once within 20 days before harvesting and a written record on such a test shall be made according to the provided form. The Department of Crop Production of the Ministry of Agriculture and Rural Development shall certify, re-certify, and cancel the Authenticity certificate of fragrant rice.

This Decree takes effect on the signing.

Ü  COMMERCE

ARBITRARILY ADJUSTING PETROL AND OIL RETAIL PRICES
SHALL BE FINED UP TO VND 50 MILLION

On August 26, 2020, the Government promulgates the Decree No. 99/2020/ND-CP on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading.

Accordingly, a fine from VND 30 million to VND 50 million shall be imposed for the acts of arbitrarily adjusting petrol and oil retail prices not at the time prescribed by wholesale traders or petrol and oil distributors. Simultaneously, for cases of repeated violation or recidivism, the additional sanction of depriving of the right to use the certificate of eligibility to retail petrol and oil for a period of between 01 month and 03 months shall be imposed.

In addition, to impose a fine from VND 05 million to VND 10 million for one of the following violations involving a violated

 

petrol and oil value of less than VND 10,000,000: Transporting petrol and oil into a border area in contravention of regulations; Trading in, exchanging or transferring alongside ships petrol and oil at sea with foreign ships, boats or vehicles.

Besides, a fine from VND 80 million to VND 100 million and the suspension of pipelined gas trading operation for a period of between 01 month and 03 months shall be imposed on pipelined gas traders failing to have gas supply stations which fully meet requirements on safety in accordance with law provisions.

This Decree takes effect on October 11, 2020.

TRADERS MUST DECLARE DOCUMENTS OF SELF-CERTIFICATION
OF ORIGIN OF GOODS WITHIN 7 DAYS

On August 14, the Ministry of Industry and Trade issues the Circular No. 19/2020/TT-BCT on amending and supplementing a number of Circulars on the implementation of the Rules of Origin under the ASEAN Trade in Goods Agreement.

Accordingly, an exporter eligible for issuance of written approvals shall be responsible for archiving dossiers of request for issuance of written approvals for at least 05 years from the date of issuance. Within 07 working days from the date of issuance, a trader shall declare and post up documents of self-certification of origin of goods and documents related to the export consignments on the eCoSys.

 

Concurrently, an exporter eligible for self-certification of origin of goods must satisfy 03 conditions as follows (instead of 04 conditions as in the Circular No. 28/2015/TT-BCT): Being the exporter of the goods it/he/she produces; Having committed no violation of the regulations on origin of goods within the latest 02 years prior to the date of application of a registration dossier for self-certification of origin of goods; Having officer(s) who have been trained in origin of goods.

Besides, to add the case of revocation of written approvals if a trader fails to perform the responsibilities of eligible exporters.

This Circular takes effect on September 27, 2020.

Ü  EDUCATION – TRAINING – VOCATIONAL TRAINING

FROM OCTOBER 11, SPECIALIZED HIGH SCHOOLS’ PRINCIPALS MAY NOT GIVE ADDITIONAL TESTS FOR SPECIALIZED SUBJECTS

The Ministry of Education and Training issues the Circular No. 26/2020/TT-BGDDT on amending and supplementing a number of articles of the Regulation on assessment and classification of students in lower secondary schools and upper secondary schools, attached to the Circular No. 58/2011/TT-BGDDT dated December 12, 2011, of the Minister of Education and Training on August 26, 2020.

In accordance with this Circular, from October 11, the principal of the specialized high school shall not be allowed to stipulate additional tests for specialized subjects, instead of the regulation that the principal of the specialized high school may require some additional tests for specialized subjects as prescribed in Clause 3, Article 8 of the Circular No. 58/2011/TT-BGDDT.

 

In addition, to add the regulation on recognition of students. To be specific: Students with outstanding achievement or advancement in learning and practicing shall be awarded certificates of merit by the principal.

Besides, the principal shall base on the students with disabilities’ learning outcomes of subjects and educational activities to consider the promotion for students with disabilities who learn according to the general education programs or, shall base on the performance outcomes of the Personal Education Plan in case students with disabilities fail to meet the general education programs for considering promotion.

This Circular takes on effect on October 11, 2020.

Ü  ORGANIZATIONAL STRUCTURE

TO ESTABLISH THE MEKONG DELTA REGIONAL COORDINATING COUNCIL

On June 12, 2020, the Prime Minister issues the Decision No. 825/QD-TTg on the establishment and promulgation of the Operational Regulation of the Mekong Delta Regional Coordinating Council for the 2020 – 2025 period.

Specifically, to establish the Mekong Delta Regional Coordinating Council (hereinafter referred to as the Regional Coordinating Council) for the 2020 – 2025 period with a view to reforming the regional coordinating mechanism and promoting the sustainable development of the Mekong Delta region in response to climate change.

In which, the Mekong Delta Regional Coordinating Council shall include: Chairman of the Council: Deputy Prime Minister Trinh Dinh Dung; Permanent Vice Chairman of the

 

Council: The Minister of Planning and Investment; Vice Chairman of the Council: The Minister of Natural Resources and Environment, the Minister of Agriculture and Rural Development and the Minister of Transport; Permanent Member: The Deputy Minister of Planning and Investment.

In addition, the advisory and assisting apparatus of the Regional Coordinating Council, ministries, and municipal and provincial People's Committees involved in the region’s coordinating activities shall include: The Regional Coordinating Council Office, Ministerial-level Coordinating, Provincial-level Coordinating and Consultant Teams.

This Decision takes effect on the signing date.

Ü  INDUSTRY

2 OPTIONS FOR POWER PURCHASE OF ELECTRICITY USERS

The Ministry of Industry and Trade issues the Decision No. 2093/QD-BCT on approving the Project on designing the retail electricity market model on August 07, 2020.

Accordingly, depending on the connection scale and voltage, electricity users shall purchase power with the following models:

Firstly, purchasing power in the spot market: Applicable to users who fully meet criteria on the power consumption scale and connection voltage in accordance with the Regulation on competitive electricity market operation. Users may directly register to take part in the spot market or via an authorized representative.

 

Secondly, purchasing power from retail sellers. Electricity retail price for customers when selecting electricity retailers including power generation price of power plants; electric power transmission price; price of load dispatch and transaction regulation in the electricity market; power distribution price; costs and benefits of the electricity retailers; etc.

In addition, the Project is divided into 03 stages as follows: Stage 1 (to the end of 2021): The preparation stage; Stage 2 (from 2022 to 2024): Electricity users shall participate in the spot electricity market; Stage 3 (after 2024): Customers shall choose to buy power from electricity retailers.

This Decision takes effect on the signing date.

 

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