Legal Document Updates in English (38/2012)

TEMPORARILY CEASE THE APPLICATION OF REGULATIONS
ON AUTOMATIC IMPORT LICENSING
 

On September 26, 2012, the Ministry of Industry and Trade issued the Circular No. 27/2012/TT-BCT providing temporary cease of the application of regulations on automatic import licensing to a number of goods items specified in the Circular No.24/2010/TT-BCT, of May 28, 2010.

Accordingly, from September 26, 2012, the Circular regulated to temporarily cease the application of regulations on automatic import licensing to a number of goods

CONDITIONS TO TEMPORARILY RE-EXPORT THE SEIZED TOBACCO
 

The Ministry of Industry and Trade issued the Decision No. 5353/QD-BCT dated September 14, 2012 on appointment and guidance for enterprises to re-export the usability tobacco being illegally imported and being seized.

Accordingly, Vietnamese enterprises the following conditions are entitled to temporarily re-export the seized tobacco: being established under law and having business registration in tobacco purchase and sale; having experiences in export, temporary import for re-export and re-export the seized tobacco.

Dossier of appointment to re-export the seized tobacco includes a trader's request for being appointed to re-export the seized tobacco; Certificate of Business

OWNER OF FACILITY PERFORMING FOOD BUSINESS
MUST BE TRAINED ON FOOD SAFETY
 

This is one of the contents regulated under the Circular No. 15/2012/TT-BYT dated September 12, 2012 of the Ministry of Health providing on general conditions to ensure food safety for food production and business facilities.
Owner of facility and persons directly performing food business must be trained and granted certificate of training knowdleges on food safety as prescribed. Besides, Owner of facility and persons directly performing food business must meet the following conditions: they must be examined health and granted cetificate of good health as prescribed by the Ministry of Public Health. The health examination is performed by medicine facilities of district level or equal or higher level; Persons, who directly operating food business, must wear separate protective clothing; not smoke, spit in the food business zones; Non smoking, spitting in the food production zones; Persons getting illness or diseases in list of contagious illness or diseases to which employees arenot permitted to directly contact in the course of food business operation.

AMENDING CONDITIONS FOR ISSUANCE OF SECURITIES BROKERAGE
PRACTICING CERTIFICATE
 

On September 10, 2012, the Ministry of Finance issued the Circular No. 147/2012/TT-BTC on amending and supplementing a number of articles of “regulations on securities practice” promulgated together with the Decision No.15/2008/QD-BTC, dated 27 march 2008 of the Minister of Finance,

Under the Circular, the Ministry of Finance annuls the clause of not having been subject to a penalty imposed in accordance with the law on securities and securities markets by the State Securities Commission; or in the case of an individual having been subject to such a penalty, then more than one year must have expired since the date of completed compliance with the penalty decision. Therefore, from November 01, 2012, in order to get Securities brokerage practicing certificate, individuals must comply with some conditions such as holding a university or post-university qualification; Having passed an exam for issuance of a securities practicing certificate, appropriate for the type of securities practicing certificates for which a

request for issuance is made; Having the certificates of expertise; Having full legal capacity and capacity for civil acts; and not currently subject to a criminal penalty or ban by a court from professional business practice.

Also, under this Circular, summarized curriculum vita of the applicant must be certified signature of declarer within the six month period prior to the date on which the State Securities Commission receives the dossier. Accordingly, from November 01, 2012, a dossier from domestic individuals requesting for issuance of a securities practice certificate shall comprise: Legal record, valid copy of university degree, masters degree or doctorate; valid copy of the lawful overseas securities practice certificate or equivalent document proving that the applicant has been permitted to legally conduct securities practice overseas (if any); Results of the examination taken for the type of securities practice certificate requested…

FINE 20 MILLION VND FOR ILLEGAL ACTS OF GAS EXTRACTION
 

On 14 June, 2012, the Government issued the Decree No. 52/2012/ND-CP stipulating the sanction of administrative violations in the area of fire prevention and fighting. Notably, the maximum fine of 20 million VND will be applied for the acts of production, business, extraction and filling of dangerous substances and goods at risk of fire and explosion without any license as prescribed by the Law.

Specifically, the Decree regulated the fine of between VND 10,000,000 and 20,000,000 for the acts of illegal storage of dangerous substances and goods at risk of fire and explosion. This fine is also applied for the acts of production, business, and extraction and filling of dangerous substances and goods at risk of fire and explosion without any license as prescribed; for acts of failing to design and install electrical systems to serve the fire prevention and fighting, rescue and salvage as prescribed; Building works violating fire resistant distance.

Depending on the nature and seriousness of violations, the individuals and organizations with administrative violations in the area of fire prevention and fire fighting can be subject to one or more additional forms of sanction as follows: Being deprived of the license use right and practice certificate; being confiscated the exhibit and means used for administrative violations. In addition to the forms of 

PROMULGATING LIST OF EQUIPMENT PRODUCED AT HOME
 

This is one of the contents regulated under the Circular No. 04/2012/TT-BKHDT dated August 13, 2012 of the Ministry of Planning and Investment promulgating lists of machinery, equipment, spare parts, special-use vehicles, raw materials, supplies and semi-finished products which can be produced at home.

The Circular promulgated the list of 638 machinery, equipment, spare parts, special-use vehicles which can be produced at home (specifically, tyres used on bicycles, types used on motorbikes, inner tubes used on bicycles, inner tubes used on motorcycles, cabinet dryers, refrigerating chambers, water filters…). Besides, the Circular also promulgated the list of construction supplies; 358 raw materials, supplies and component, the list of 61 supplies necessary for petroleum activities; the list of raw materials, supplies and semi-finished products for  shipbuilding and the list of of raw materials, supplies in direct service of software