Legal Document Updates in English (40/2016)

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NUMBER

TITLE

 

In This Updates:

INVESTMENT

 

INVESTMENT

1

06/2016/TT-BKHDT

Circular No. 06/2016/TT-BKHDT dated June 28, 2016 of the Ministry of Planning and Investment guiding a number of articles of Decree no. 15/2015/ND-CP dated February 14, 2015 by the Government on investment in the form of public-private partnerships

 

* Revocation of the Certificate of registration of investment in the form of public-private partnerships

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

29/2016/TT-NHNN

Circular No. 29/2016/TT-NHNN dated October 12, 2016 stipulating overdraft and overnight lending applicable in the inter-bank electronic payment

 

* Credit institutions are entitled to overdraft for compensate for the shortage of capital in the inter-bank electronic payment

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

3

31/2016/TT-BYT


Circular No. 31/2016/TT-BYT dated August 10, 2016 of the Ministry of Health guiding the Bidding Documents for procurement of herbal ingredients and traditional ingredients at heath facilities

 

* Bidding Documents for procurement of herbal ingredients and traditional ingredients at heath facilities

Page 2

INTELLECTUAL PROPERTIES

 

INTELLECTUAL PROPERTIES

4

08/2016/TT-BVHTTDL


Circular No. 08/2016/TT-BVHTTDL dated July 02, 2016 of the Ministry of Culture, Sport and Tourism on promulgating registration forms of copyright and related rights

 

* To issue 04 registration forms of copyright and related rights

Page 3

INDUSTRY

 

INDUSTRY

5

20/2016/TT-BCT

Circular No. 20/2016/TT-BCT dated September 20, 2016 of the Ministry of Industry and Trade on the quota on energy consumption of the steel industry

 

* Quota on energy consumption of the steel industry

Page 3

 

 

SUMMARY:

 

Ü  INVESTMENT


REVOCATION OF THE CERTIFICATE OF REGISTRATION OF INVESTMENT
 IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIPS
 

On June 28, 2016, the Ministry of Planning and Investment issued the Circular No. 06/2016/TT-BKHDT guiding a number of articles of Decree no. 15/2015/ND-CP dated February 14, 2015 by the Government on investment in the form of public-private partnerships. Within 30 days from the day on which the application for revocation of the Certificate of investment registration prescribed in point b of this Clause is received, the Certificate-issuing agency shall make a decision to revoke the Certificate.

Regarding project operated according to the Certificate of investment registration (also the Certificate of Business registration) or the investment license, the investment registry shall decide to terminate the registration in the Certificate of investment registration (also the Certificate of Business registration) or the investment license.

 

If the modification of the project or the amendment to the project contract does not change the contents of the Certificate of investment registration, the investor shall send the Certificate-issuing body a notification of the modified contents enclosed with documents related to such modification or amendment for retention and supervision. For cases of modification of name of the project, address or legal representative of the investor, the competent agency or other information related to the investor, the investor shall send a written application for modification of the Certificate of investment registration. The Certificate-issuing body shall consider modifying the Certificate of investment registration within 05 working days from the day on which the satisfactory application as specified in this clause is received.

This Circular takes effect on September 20, 2016.

Ü  FINANCE - BANKING


CREDIT INSTITUTIONS ARE ENTITLED TO OVERDRAFT FOR COMPENSATE
FOR THE SHORTAGE OF CAPITAL IN THE INTER-BANK ELECTRONIC PAYMENT
 

Takes effect on March 25, 2017, the Circular No. 29/2016/TT-NHNN dated October 12, 2016 stipulating overdraft and overnight lending applicable in the inter-bank electronic payment, to allow credit institutions to make payment in excess of the credit balance in their Vietnamese dong clearance account opened at the Banking Operation Department of the State Bank of Vietnam, Credit institutions are entitled to overdraft for compensate for the shortage of capital in the inter-bank electronic payment.

Besides, State Bank of Vietnam extends loans secured by the mortgage of valuable papers to credit institutions within the period of time commencing from the previous working day to the following working day, overnight to pay overdraft items at the end of working day. Valuable papers used in overdraft and overnight lending applicable in the inter-bank electronic payment at the Vietnam State Bank must satisfy the conditions as they are permitted for use in transactions with and payment to the State Bank of Vietnam in accordance with provisions of applicable laws; can be

 

transferred; are issued in Vietnamese dong; the remaining payment term is 30 days and they must be in the list of valuable papers used on overdraft and overnight lending applicable in the inter-bank electronic payment at the Vietnam State Bank decided by the State Bank Governor.

The interest rate applicable to overnight lending shall be stipulated by the Governor of the State Bank of Vietnam in each period; the interest rate applicable to overdue overnight outstanding principle is 150% of overnight lending as stipulated at the time of lending; interest rate applicable to late payment of overnight lending is 10%/year.

In according to this Circular, credit institutions whose outstanding balance of overnight lending is overdue for 3 consecutive times in a month, the State Bank shall pause overdraft and overnight lending applicable in the inter-bank electronic payment in 10 working days since the State Bank notifies on pausing overdraft and overnight lending, excluding cases that is irresistible and notify to the State Bank.

Ü  MEDICAL - HEALTH


BIDDING DOCUMENTS FOR PROCUREMENT OF HERBAL INGREDIENTS
 AND TRADITIONAL INGREDIENTS AT HEATH FACILITIES
 

On August 10, 2016, the Ministry of Health issued the Circular No. 31/2016/TT-BYT dated August 10, 2016 of the Ministry of Health guiding the Bidding Documents for procurement of herbal ingredients and traditional ingredients at heath facilities, including Bidding Documents for procurement of herbal ingredients applicable to open tender or national selective bidding with the single stage-one envelope bidding procedure and Bidding Documents for procurement of herbal ingredients applicable to open tender or national selective bidding with the single stage-two envelope bidding procedure.

Bidding Documents of procurement of which Bidding Documents or Request for Proposals

 

Bidding Documents of procurement of which Bidding Documents or Request for Proposals are published before September 26, 2016 shall keep being implemented. Bidding Documents of procurement of which Bidding Documents or Request for Proposals having not been published before the effective date of this Circular shall follow the procedures: plan for selection of bidders approved by competent authorities September 26, 2016 shall keep being implemented according to the approved plan concerned….

This Circular takes effect on September 26, 2016.

Ü  INTELLECTUAL PROPERTIES


TO ISSUE 04 REGISTRATION FORMS OF COPYRIGHT AND RELATED RIGHTS
 

On July 02, 2016, the Ministry of Culture, Sports and Tourism issued the Circular No. 08/2016/TT-BVHTTDL on promulgating registration forms of copyright and related rights.

Accordingly, agencies, organizations and individuals involved in the registration of copyright and related rights  and 04 registration forms issued with this Circular includes: Declaration form for registration of copyright; Declaration form for registration of related rights; Copyright registration certificate; Related rights registration certificate.

 

This Circular takes effect on August 15, 2016. Decision No. 88/2006/QD-BVHTT dated October 17, 2006 of Ministry of Culture and Information promulgating forms of declarations and certificates of copyright and related rights shall be annulled. Copyright registration certificates and related rights registration certificates which have been issued by using the forms promulgated under Decision No. 88/2006/QD-BVHTT are still in effect.

This Circular takes effect on August 15, 2016.

Ü  INDUSTRY


QUOTA ON ENERGY CONSUMPTION OF THE STEEL INDUSTRY
 

On September 20, 2016, the Ministry of Industry and Trade issued the Circular No. 20/2016/TT-BCT on the quota on energy consumption of the steel industry.

In accordance with the regulations at this Circular, to the end of 2020, The quota on energy consumption of the steel industry is 14,000 MJ/ton of production of cast iron by blast furnace; 2,350 MJ/ton of sintering of iron ore; 150 MJ/ton of

 

production of steel billet by (top-blown) converter; 1,650  MJ/ton of hot rolling of long steel products;  1,600 of cold rolling of steel plates. For the period that extends from 2021 to 2025 inclusive, the quota on energy consumption of the steel industry is  12,400 MJ/ton of Iron making by blast furnace, 1,600 MJ/ton of hot rolling of long steel products….

This Circular takes effect on November 08, 2016.

 

 

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