Legal Document Updates in English (38/2016)

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NUMBER

TITLE

 

In This Updates:

EXPORT – IMPORT

 

EXPORT – IMPORT

1

25/2016/TT-BXD

Circular No. 25/2016/TT-BXD dated September 09, 2016 of the Ministry of Construction promulgating the list and HS codes of asbestos in amphibole group banned from import

 

* To ban some HS codes of asbestos

Page 2

2

77/2016/ND-CP

Decree No. 77/2016/ND-CP dated July 01, 2016 of the Government on amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade

 

* Temporarily import for re-export frozen foods must pay a deposit of VND 10 billion

Page 2

POLICY

 

POLICY

3

28/CT-TTg

Directive No. 28/CT-TTg dated September 17, 2016 of the Prime Minister urgent solutions for preventing and fighting the violation of wild animals against the law

 

* To inspect and penalize strictly the trafficking of ivory online

Page 2

COMMERCE – ADVERTISING

 

COMMERCE – ADVERTISING

4

21/2016/TT-BCT


Circular No. 21/2016/TT-BCT dated September 20, 2016 of the Ministry of Industry and Trade providing for the implementation of rules of origin provided for in the free trade agreement between Vietnam and Eurasian Economic Union

 

* Rules of origin provided for in VN - EAEU FTA

Page 3

INDUSTRY

 

INDUSTRY

5

19/2016/TT-BCT


Circular No. 19/2016/TT-BCT dated September 14, 2016 of the Ministry of Industry and Trade on energy consumption norms in beer and beverage production industry

 

 

* On energy consumption norms in beer and beverage production industry

Page 3

 

 

SUMMARY:

 

Ü  EXPORT - IMPORT


TO BAN SOME HS CODES OF ASBESTOS
 

On September 09, 2016, the Ministry of Construction issued the Circular No. 25/2016/TT-BXD promulgating the list and HS codes of asbestos in amphibole group banned from import.

In accordance with the Circular, The list and HS codes of asbestos in amphibole group banned from import includes Crocidolite:

Crocidolite (blue asbestos): fibrous, blue  with the HS code of 2524.10.00; Amosite ( brown asbestos): fibrous, brown;

 

anthophyllite: fibrous, opaque; actinolite; remolite; Raw asbestos in form of blocks, raw fiber, smashed fiber, fine grain, powder, or asbestos waste of the HS codes above. Asbestos which has carefully processed (dyed, combed, etc.) or made into finished asbestos products shall be classified in corresponding codes with the HS code of 2524.90.00.

This Circular takes effect on October 25, 2016 and replaces the Circular No. 03/2012/TT-BXD dated September 05, 2012.


TEMPORARILY IMPORT FOR RE-EXPORT FROZEN FOODS
MUST PAY A DEPOSIT OF VND 10 BILLION
 

This is the content prescribed at the Decree No. 77/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade.

In particular, the following goods may be temporarily imported for re-export under certain conditions used goods; frozen foods and goods liable to excise tax. Within that, An enterprise that wishes to temporarily import for re-export frozen foods on the List issued by the Minister of Industry and Trade must meet the conditions such as paying a deposit of VND 10 billion at a credit institution located in the province or city where the enterprise’s warehouse or

 

storage yard; having a warehouse or storage yard serving the temporary import for re-export of frozen foods, within that a warehouse or storage yard must have a storage capacity of at least 100 40-feet refrigerated containers and a minimum area of 1,500 m2. It shall be separated from the outside with solid fences at least 2.5 m high, must have a way for container vehicles to move into and out, and have an entrance gate hung with a signboard of the enterprise; and a warehouse or storage yard must have sufficient power supply sources (including the grid power source and power generators of equivalent output) and special-use equipment to operate refrigerated containers matching its storage capacity…

This Decree takes effect on July 01, 2016.

Ü  POLICY


TO INSPECT AND PENALIZE STRICTLY THE TRAFFICKING OF IVORY ONLINE
 

In order to prevent and fight effectively the organized crime of selling ivory, rhino horn and products made from endangered and rare wild animals, on September 17, 2016, the Prime Minister issued the Directive No. 28/CT-TTg on urgent solutions for preventing and fighting the violation of wild animals against the law.

In this Directive, the Prime Minister requests ministries, bodies and provincial People's Committees to continue implementing the Directive No, 03/CT-TTg in a stringent manner, provincial People’s Committees direct local agencies to inspect and penalize strictly the trafficking of ivory and rhino horn against the law. Inspections shall aim attention at traditional craft villages, processing facilities, souvenir shops at tourist spots or in airports and piers, stores selling and preparing traditional medicine, etc. The result of remedial activities shall be published on mass media. Heads of local executive committees of Vietnam

 

Communist Party and local authorities shall be held responsible to the Prime Minister for the infractions occurring in their administrative areas. The Ministry of Public Security leads and cooperates with the Ministry of National defense, Ministry of Finance, Ministry of Agriculture and Rural development, Ministry of Natural resources and Environment in investigating and obliterating transnational networks of organized crimes of selling, purchasing, hoarding, trafficking, exporting, importing, re-exporting, importing temporarily then re-exporting specimens of wild animals and plants, especially ivory and rhino horn. It shall lead and cooperate with the Ministry of Industry and Trade, Ministry of Agriculture and Rural development and Ministry of Natural resources and Environment in inspecting, at a more intensive level, and penalizing strictly the illegal domestic sale, advertising and consumption of specimens of ivory and rhino horn

Ü  COMMERCE - ADVERTISING


RULES OF ORIGIN PROVIDED FOR IN VN - EAEU FTA
 

On September 20, 2016, the Ministry of Industry and Trade issued the Circular No. 21/2016/TT-BCT providing for the implementation of rules of origin provided for in the free trade agreement between Vietnam and Eurasian Economic Union, the rules of origin provided for in this Circular shall be applied only for the purposes of granting preferential tariff treatment.

In accordance with this Circular, preferential tariff treatment in accordance with this Circular shall be granted to originating goods provided that such goods are transported directly from the territory of the exporting Party to the territory of the importing Party. Originating goods may be transported through the territory of one or more third countries, provided that: transit through the territory of a third country is justified for geographical reasons or related exclusively to transport requirements; the goods have not entered into trade or consumption there; and the goods

 

have not undergone any operation there other than unloading, reloading, storing or any necessary operation designed to preserve their condition.

A declarant shall submit appropriate documentary evidence to the customs authorities. Such evidence shall be provided to the customs authorities of the importing Party by submission of the transport documents covering the passage from the territory of a Party to the territory of the other Party containing: an exact description of the goods; the dates of unloading and reloading of the; and where applicable; the commercial invoice in respect of the goods. If a declarant fails to provide the customs authorities of the importing Party with documentary evidence of direct consignment, preferential tariff treatment shall not be granted.

This Circular takes effect on October 05, 2016.

Ü  INDUSTRY


ON ENERGY CONSUMPTION NORMS IN BEER AND BEVERAGE PRODUCTION INDUSTRY
 

Takes effect on November 01, 2016, the Circular No. 19/2016/TT-BCT dated September 14, 2016 of the Ministry of Industry and Trade on energy consumption norms in beer and beverage production industry in the period to the end of 2020 and the period from 2021 to the end of 2025.

Particularly, in the period to the end of 2020, the capacity for bear over 100 million liters; from 20 million liters to 100 million liters and below 20 million liters are in turn 140 MJ/hl; 215 MJ/hl and 306 MJ/hl. For beverage, fizzy or both fizzy and still and the still, the norms are in turn 55 MJ/hl and 111 MJ/hl. On period from 2021 to the end of 2025, the capacity for  bear over 100 million liters; from 20 million liters to 100 million liters and below 20 million liters are in

 

turn129 MJ/hl; 196 MJ/hl and 286 MJ/hl; For beverage, fizzy or both fizzy and still and the still, the norms are in turn 52 MJ/hl; 107 MJ/hl.

Before January 15 annually, production facilities shall be responsible for reporting the implementation of energy consumption norms enclosed herewith to the Ministry of Industry and Trade through the Service of Industry and Trade, General Directorate of Energy. Production facilities that fail to meet energy consumption norms as prescribed and fail to propose feasible plans to ensure the norms as scheduled herein shall be subject to penalties according to applicable regulations.

 

 

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