Legal Document Updates in English (38/2017)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

15/2017/TT-NHNN


Circular No. 15/2017/TT-NHNN dated October 05, 2017 of the Vietnam State Bank amending, supplementing a number of articles of the Circular No. 18/2014/TT-NHNN …

 

* More objectives allowed importing money printer

Page 2

2

21/2017/TT-BLDTBXH

Circular No. 21/2017/TT-BLDTBXH dated August 07, 2017 of the Ministry of Labor, War Invalids and Social Affairs on amending and supplementing a number of articles of Joint Circular No. 26/2014/TTLT-BLDTBXH-BTC-BGDDT

 

* To supplement regulations on benefit recipients from social assistance package

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

3

18/2017/TT-BCT

Circular No. 18/2017/TT-BCT dated September 21, 2017 of the Ministry of Industry and Trade to annul a number of Articles of the Joint Circular No. 58/2015/TTLT-BCT-BKHCN…

 

* To annul regulations on management of domestically-produced and imported steel quality

Page 2

4

14/2017/TT-BCT

Circular No. 14/2017/TT-BCT dated August 28, 2017 of the Ministry of Industry and Trade to annul the Circular No. 12/2015/TT-BCT …

 

* To annul the automatic import licenses of some steel products

Page 3

COMMERCE

 

COMMERCE

5

108/2017/ND-CP

Decree No. 108/2017/ND-CP dated September 20, 2017 of the Government on fertilizer management

 

* Conditions on fertilizer management

Page 3

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING - VOCATION

6

27/2017/TT-BLDTBXH


Circular No. 27/2017/TT-BLDTBXH dated September 21, 2017 on the provision of bridge program between levels of vocational education

 

* Provision of bridge program between levels of vocational education

Page 3

ADMINISTRATIVE VIOLATIONS

 

ADMINISTRATIVE VIOLATIONS

7

104/2017/ND-CP

Decree No. 104/2017/ND-CP dated September 14, 2017 of the Government on penalties for administrative violations against regulations

 

* To impose a fine of VND 10 million for failure to give aid to persons that face perils at river

Page 4

INDUSTRY

 

INDUSTRY

8

16/2017/TT-BCT


Circular No. 16/2017/TT-BCT dated September 12, 2017 of the Ministry of Industry and Trade on on project development and model power purchase agreements applied to solar power projects

 

* Investment conditions for solar power projects

Page 4

 

 

SUMMARY:

 

Ü  FINANCE - BANKING        


MORE OBJECTIVES ALLOWED IMPORTING MONEY PRINTER
 

This is the content prescribed at the Circular No. 15/2017/TT-NHNN on amending, supplementing a number of articles of the Circular No. 18/2014/TT-NHNN dated August 01, 2014 of the State Bank on guiding import of goods subject to the State Bank’s specialized management.

In particular, the Circular prescribes that the State Bank shall decide on permitting printing establishments to import goods. Based on the documents assigning and permitting printing establishments to import goods to serve for printing money and printing contract between printing 

 

establishments and the State Bank, printing establishments shall import goods to serve for printing. Based on purchasing contract to serve for printing or other documents  on import of goods to serve for printing money, the State Bank of Governor shall authorize the Director of the Issuance and Vault Department to certify on importing goods of printing establishments to send to the Customs Department to process customs procedures.

This Circular is issued on October 15, 2017 and takes effect on November 20, 2017.


TO SUPPLEMENT REGULATIONS ON BENEFIT RECIPIENTS
FROM SOCIAL ASSISTANCE PACKAGE
 

On August 07, 2017, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 21/2017/TT-BLDTBXH on amending and supplementing a number of articles of Joint Circular No. 26/2014/TTLT-BLDTBXH-BTC-BGDDT guiding the financial management and implementation of the World Bank-funded Social Assistance System Strengthening Project for Vietnam (hereafter called Project).

This Circular supplements some regulations on benefit recipients, they are those who lawfully represent households to receive the consolidated social assistance package, including: household representatives registering to receive benefits; persons authorized by household representatives to register to receive benefits; and persons on the list of those receiving benefits on behalf of households, certified by commune-level People’s Committees, but other than the staff of the payment service provider.

Beside above contents, this Circular also issues the new regulations on participation registration dossier,

 

each subject entitled to support policies shall submit a written registration for participation in the Project and one of the papers such as for pregnant women: An antenatal or ultrasound fetal examination slip (clearly stating the mother’s full name, year of birth and address; gestational age, estimated date of delivery) bearing the medical establishment’s certification; for children aged between 0 and 3 years: A copy of the child’s birth certificate, written certification of birth issued by the medical establishment where he/she was born or the certification of the commune-level People’s Committee (for communes with extreme difficulties) of the child’s date of birth on the written registration for participation in the Project; for children aged between 3 and 15 years: A copy of the child’s birth certificate or the certification of the commune-level People’s Committee (for communes with extreme difficulties) of the child’s date of birth and his/her non-attendance at school on the written registration for participation in the Project.”

This Circular takes effect on September 22, 2017

Ü   EXPORT – IMPORT  


TO ANNUL REGULATIONS ON MANAGEMENT OF DOMESTICALLY-PRODUCED
AND IMPORTED STEEL QUALITY
 

The Ministry of Industry and Trade issued the Circular No. 18/2017/TT-BCT to annul a number of Articles of the Joint Circular No. 58/2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology on management of domestically-produced and imported steel quality.

This Circular annuls some regulations on quality management prescribed at the Joint Circular No. 58/2015/TTLT-BCT-BKHCN. In particular, to annul regulations on designated conformity assessment organizations (hereinafter referred to as “assessing bodies”); and provisions on management of domestically-produced steel quality; on management of imported steel quality; procedures for certificate of demand for imported steel; order and procedures for certification of declaration of imported steel; designation of conformity assessment

 

organizations; order, procedures and contents for inspection of domestically-produced steel quality..

Besides, this Circular also annuls the List of steel products requiring declaration of import and certification of demand for imported steel; Form of declaration of imported steel; Form of registration for quality inspection of imported steel; Receipt of application for quality inspection of imported steel; Form of notice of inspection results of quality of imported steel; Form of application for simplified inspection method according to shipment; Form of certificate of consecutive inspection; Form of notice of approval for simplified inspection applied to inspection of imported steel quality

This Circular issued on September 21, 2017 and takes effect on November 08, 2017.


TO ANNUL THE AUTOMATIC IMPORT LICENSES OF SOME STEEL PRODUCTS
 

On August 28, 2017, the Ministry of Industry and Trade issued the Circular No. 14/2017/TT-BCT dated   August 28, 2017 of the Ministry of Industry and Trade to annul the Circular No. 12/2015/TT-BCT  dated June 12, 2015 of the Ministry of Industry and Trade on issuing automatic import licenses of some steel products.

Therefore, from September 01, 2017 – the effective date of this Circular, some automatic import licenses of some steel products shall be annulled.

 

Previously, at the Circular No. 12/2017/TT-BCT, the Ministry of Industry and Trade prescribes to apply the automatic import licenses for some steel products such as semi-finished products of iron or non-alloy steel; flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated; flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated; flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, not clad, plated or coated….

Ü   COMMERCE    


CONDITIONS ON FERTILIZER MANAGEMENT
 

The Decree No. 108/2017/ND-CP on fertilizer management issued by the Government on September 20, 2017.

Within that to get the issuance of certificates of eligibility for trading of fertilizers, organizations and individuals trading in fertilizers shall satisfy the conditions such as they are registered or established in accordance with regulations of law; they have stores for trading fertilizers. Their stores have signs; records on purchase and sale of fertilizers and price lists of each type of fertilizers published in at conspicuous and readable places; they have areas for storage of fertilizers and shelves or ballets to set fertilizers; and people selling fertilizers obtain certificates of professional training in fertilizers, except for people who have obtain associate degrees or higher degrees related to farming, plant protection, agronomy, chemistry or biology.

A business establishment which trades in fertilizers without through any store shall obtain the enterprise registration

 

certificate; have stable and legal places for transactions; have records on purchase and sale of fertilizers and satisfy the conditions.

Organizations and individuals that are trading in fertilizers before September 20, 2017 shall obtain certificates of eligibility for trading of fertilizers within 36 months from September 20, 2017.

Also in accordance with this Decree, fertilizers shall be products or goods included in Group 2 or the list of conditional business lines that are recognized to be traded in Vietnam by the Plant Protection Department. Each organization or individual shall only apply for recognition of a fertilizer name for each registered composition and content of nutrients.

This Decree takes effect on the signing date.

Ü   EDUCATION – TRAINING - VOCATION   


PROVISION OF BRIDGE PROGRAM BETWEEN LEVELS
OF VOCATIONAL EDUCATION
 

Provision of bridge program between levels of vocational education issued by the Ministry of Labor, War Invalids and Social Affairs at the Circular No. 27/2017/TT-BLDTBXH on September 21, 2017.

Accordingly, A school may provide bridge program if the following eligibility requirements are met such as the school is issued with a certificate of registration for provision of intermediate and college-level vocational education by a competent authority of the disciplines/branches expected to be included in the bridge program at the equivalent level; the school has introduced bridge program that is designed for the disciplines/branches expected to be included in the bridge program; and for the school providing bridge

.

 

program designed for health discipline, at least 01 (one) full-time course provided for students at intermediate or college level has been completed.

A person that attends full-time bridge program shall be issued with a diploma specifying full-time mode of study, a person that attends in-service bridge program shall be issued with a diploma specifying in-service mode of study. The learner’s academic transcript shall clearly specify learning outcomes and number of credits of subjects and modules over the duration of bridge program and of other recognized subjects and modules.

This Circular takes effect on November 05, 2017.

Ü   ADMINISTRATIVE VIOLATIONS   


TO IMPOSE A FINE OF VND 10 MILLION FOR FAILURE
TO GIVE AID TO PERSONS THAT FACE PERILS AT RIVER
 

New regulations on penalties for administrative violations against regulations on disaster preparedness, operation and protection of hydraulic structures and flood control systems issued by the Government at the Decree No. 104/2017/ND-CP on September 14, 2017.

This Decree points out clearly that a fine ranging from VND 5 million to VND 10 million shall be imposed for failure to give aid or provide information for rescue forces to search for and give aid to persons or boats, ships or vessels that face perils at sea, river, stream or lake. In previous regulations, the fine is ranged from VND 3 million to VND 5 million.

In particular, a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for requesting for an emergency medical service but failing to cooperate with the rescue team causing waste of time and resources of the rescue forces. In previous regulations, the fine is ranged from VND 10,000,000 to VND 20 million VND.

A fine ranging from VND 5 million to VND 10 million shall be imposed for misusing or causing loss of relief or improperly providing relief;  and failing to timely fulfill relief works.

 

A fine ranging from VND 3 million to VND 5 million. Besides, performers shall be enforced transfer of illegal benefits obtained from the administrative violation.

For violations against regulations on contribution to the disaster preparedness fund, a fine which is equal to the payable amount of each payment but neither smaller than VND 50  nor exceeding VND 50 million shall be imposed for failure to make full payment of annually payable amount to the disaster preparedness fund.  A fine of 1.5 times the payable amount of each payment but neither smaller than VND 50  million nor exceeding VND 50 million shall be imposed for delaying payment of annually payable amounts to the disaster preparedness fund and a fine of 2.0 times the payable amount of each payment but neither smaller than VND 50 million nor exceeding VND 50 million shall be imposed for failure to make payment to the disaster preparedness fund as regulated by law.

This Decree takes effect on November 01, 2017 and supersedes the Government’s Decree No. 139/2013/ND-CP dated October 22, 2013.

Ü   INDUSTRY    


INVESTMENT CONDITIONS FOR SOLAR POWER PROJECTS
 

On September 12, 2017, the Ministry of Industry and Trade issued the Circular No. 16/2017/TT-BCT on project development and model power purchase agreements applied to solar power projects. Within that, deals with development of grid-connected photovoltaic (PV) power projects and the model Power Purchase Agreement (PPA) thereof, rooftop PV power projects and the PPA thereof.

For grid-connected PV power projects, the investor shall only invest in the solar power project included in any of the following approved planning: provincial or national solar power development planning; or provincial or national power development planning. The content of the solar power project shall comply with regulations on investment management of construction works and include the.

 

contents such as influence of the plan for connecting solar power plan with the local power system; availability of devices connecting to the supervisory control and data acquisition (SCADA) system or moderate information to update moderation controllers on forecasts of hourly electricity generation; the owner’s equity rate of grid-connected PV power projects shall be at least twenty percent (20 %) of the total investment; and the long-term area for use shall not exceed 1.2 ha/MWp…

In case of the rooftop PV power project having a capacity of 1 (one) MW or over, the investor shall follow procedures for inclusion of the solar power development planning in power development planning specified in Article 9 herein….

This Circular takes effect on October 26, 2017.

 

 

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