Legal Document Updates in English (44/2013)

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NUMBER

TITLE

 

In This Updates:

TAX - FEE - CHARGE

 

TAX - FEE - CHARGE

1

157/2013/TT-BTC

Circular No. 157/2013/TT-BTC of November 11, 2013, amending the export duty rates of the commodity item of rubber under Headings 40.01, 40.02 and 40.05 in the Export Tariff ….

 

To reduce export duty rate on several commodity items of rubber

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

 

2

18/2013/TT-BXD

Circular No. 18/2013/TT-BXD dated October 31, 2013 of the Ministry of Construction on amending and supplementing several articles of Circular No. 07/2013/TT-BXD …

 

To add subjects entitled to borrow loans for housing assistance

Page 2

3

118/2013/TT-BTC

Circular No. 118/2013/TT-BTC of August 23, 2013, guiding the mechanism of financial management of ODA loans from the Japanese Government for the Project ...

 

Mechanism of capital management for JICA2 Project

Page 2

HEALTH CARE

 

HEALTH CARE

 

4

35/2013/TT-BYT

Circular No. 35/2013/TT-BYT dated October 30, 2013 of the Ministry of Health on revocation of practicing certificates, operating licenses and suspension of medical practitioners and medical facilities from practice

 

To regulate suspending time of medical practitioner and medical facilities from practice for maximum 12 months

Page 3

TRANSPORT

 

TRANSPORT

 

5

21/2013/TTLT- BGTVT-BTNMT

Joint Circular No. 21/2013/TTLT- BGTVT-BTNMT of August 22, 2013, guiding the management of and environmental protection in inland waterway navigation activities

 

To protect environment through waterway navigation

Page 3

SOCIO- ECONOMIC POLICIES

 

SOCIO- ECONOMIC POLICIES

 

6

1496/QD-TTg

Decision No. 1496/QD-TTg dated August 27, 2013 of the Prime Minister on approving the adjustment and supplement of the master plan on socio- economic development of Hau Giang province through 2020

 

Hau Giang: 100% of communes to reach health care standards through 2020

Page 3

ADMINISTRATION

 

ADMINISTRATION

 

7

61/2013/QD-TTg

Decision No. 61/2013/QD-TTg dated October 25, 2013 of the Prime Minister on providing information and coordinating to implement the national credit rating

 

Six types of necessary information to be used for national credit rating

Page 4

 

SUMMARY:

Ü TAX – CHARGE - FEE

TO REDUCE EXPORT DUTY RATE ON SEVERAL COMMODITY ITEMS OF RUBBER

Circular No. 157/2013/TT-BTC of November 11, 2013, amending the export duty rates of the commodity item of rubber under Headings 40.01, 40.02 and 40.05 in the Export Tariff promulgated together with Circular No. 193/2012/TT-BTC of November 15, 2012 with tax reduction from 2% to 4% on several commodity item of rubber.
Concretely, the export duty rate for compounded rubber, unvulcanized, in primary forms or in plates, sheets or strips; natural rubber latex, whether or not pre-vulcanized; latex crepes, natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, in primary forms or in plates, sheets or strips will be reduced from 2%-3% to 1%.

 

Export duty rate for synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strips; mixtures of any product of heading 40.01 with any product of this heading, in primary forms or in plates, sheets or strips will be reduced from 5% to 1% (Reduced by 4% as compared with existing regulations).
For other rubber types of heading 40.01 and 40.02 alone, the export duty rate still remains at 0%.

This Circular takes effect on December 26, 2013.

 

Ü FINANCE - BANKING

TO ADD SUBJECTS ENTITLED TO BORROW LOANS FOR HOUSING ASSISTANCE

On October 31, 2013, the Ministry of Construction issued Circular No. 18/2013/TT-BXD on amending and supplementing several articles of Circular No. 07/2013/TT-BXD which guides the definition of subjects entitled to borrow loans for housing assistance according to Resolution No. 02/NQ-CP dated January 7, 2013.
According to regulations in Circular No. 07/2013/TT-BXD, individuals and households will be entitled to borrow loans for housing assistance if they have not yet had any house owned by them, or they had house but it is too cramped (Their house is condominium apartment, but the average residential area of household is lower than 8m2/person; the average residential area of separate household is lower than 8m2/person and area of its land precinct is lower than land area licensed for construction in accordance with regulation of the provincial People’s Committees). Also in this Circular, they are entitled to borrow loans if they have no house but have dwelling land plots and have been granted certificate of land use right and area of such dwelling land plots is smaller than land area licensed for construction in

 

accordance with regulation of the provincial People’s Committees.
Besides, the Circular also supplements subjects under housing assistance. In case where children, nephews or nieces of householder have got married and case of free-of-charge staying but have permanent residence book or temporary residence book together with householder, they will be considered as independent families and belong to objects entitled to borrow capital for housing support as prescribed in this Circular.
Another remarkable content mentioned in this Circular regulates the floor area of commercial apartment stated in contract of housing purchase and sales which is formed in the future between investor and client is the area of apartment temporarily calculated according to design but at scale less than 70 m2, upon finishing the works, it may change according to reality but not exceed 5%.

This Circular takes effect on November 15, 2013.

MECHANISM OF CAPITAL MANAGEMENT FOR JICA2 PROJECT

Circular No. 118/2013/TT-BTC of August 23, 2013, guiding the mechanism of financial management of ODA loans from the Japanese Government for the Project on Restoration and Sustainable Management of Protection Forests (JICA2 Project)
The JICA2 Project aimed at restoring and sustainably managing protection forest areas and improving livelihood for people in 11 provinces (Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Quang Ngai, Binh Dinh, Phu Yen, Ninh Thuan and Binh Thuan) under Loan Agreement VN11-P9 signed between JICA and the Government of the Socialist Republic of Vietnam on March 30, 2012 (Loan Agreement) and conformable with the investment project approved by the Ministry of Agriculture and Rural Development in Decision No. 319/QD-BNN-HTQT of February 22, 2012.

 

Accordingly, JICA loans under the Loan Agreement are the Government’s loans managed in accordance with the Law on the State Budget and legal documents guiding the Law and current expenditure regulations. The Ministry of Finance shall repay loans (principals and interests) to JICA when these loans are due. These loans are included in the state budget and allocated to the Ministry of Agriculture and Rural Development for performance of its tasks in project activities (including also foreign consultancy for the whole Project) and to other localities in the form of the central budget’s targeted additional allocation for local budgets for implementation of component projects in these localities.
This Circular takes effect on October 9, 2013.

Ü HEALTH CARE

TO REGULATE SUSPENDING TIME OF MEDICAL PRACTITIONER AND MEDICAL FACILITIES FROM PRACTICE FOR MAXIMUM 12 MONTHS

According to Circular No. 35/2013/TT-BYT dated October 30, 2013 of the Ministry of Health, when a medical facility commits medical errors or fails to satisfy one of the conditions prescribed in Article 43 of the Law on Medical examination and treatment; or when there is a lack of medical staffs suitable to their professional activities or lack of those who takes responsibility for technical skills of medical facility; or those who haven’t worked in medical facility for 36 months, part of or its entire practice shall be suspended.
The duration of practice suspension is written in the decision to suspend the medical facility from practice, depends on the nature and seriousness of the violations, the capacity for rectification of the medical facility, and shall not exceed 12 months.

 

After suspending for 12 months, if the practitioner fails to rectify the medical errors, the competent authority shall revoke the medical facility’s Certificate of operation or consider extending the suspension, but the total suspension and revocation duration shall not exceed 12 months.
If the medical facility fails to rectify the medical errors after 12 months, it shall has its operating license revoked in accordance with Article 5 of this Circular if its entire practice is suspended, or must apply for re-issuance of the operating license to change the scope of practice if part of its practice is suspended.

This Circular takes effect on December 15, 2013.

 

Ü TRANSPORT

TO PROTECT ENVIRONMENT THROUGH WATERWAY NAVIGATION

On August 22, 2013, the Minister of Transport and the Minister of Natural Resources and Environment promulgate Joint Circular No. 21/2013/TTLT- BGTVT-BTNMT on guiding the management of and environmental protection in inland waterway navigation activities.
Accordingly, inland waterway vehicles (below referred to as vehicles) and seagoing vessels operating in inland waterways must comply with regulations on environmental protection as follows: Vehicles must comply with current provisions of the national technical regulations on prevention of pollution caused by inland waterway vehicles; vehicles and seagoing vessels operating in inland waterways must have covering devices in order to prevent cargoes from dropping and dust from dispersing and causing environmental pollution; vehicles and seagoing vessels must not discharge wastes into inland waterways; vehicles and seagoing vessels must have plans to respond to oil and chemical pollution in accordance with current laws… Owners of vehicles and seagoing vessels must respond to oil, spills caused by their vehicles or seagoing vessels in accordance with current laws.

 

Also in this Circular, investors or operation lessees of inland waterway ports and landing stages in the course of their operation must have responsibility to environmental protection; they must organize the collection of wastes generated in the course of operation of ports or landing stages and wastes discharged from vehicles and seagoing vessels anchored or berthing at such ports or landing stages; to coordinate with professional organizations in receiving, transporting and disposing of wastes in accordance with current laws… Owners of inland waterway ports or landing stages that trade in petrol, oil and liquefied petroleum gas shall elaborate plans on prevention of and response to incidents caused by sources on shore or from vehicles or seagoing vessels anchored, berthing or handling cargoes at ports or landing stages, and then submit them to competent agencies for approval in accordance with current laws; they must have devices and equipment used exclusively for collection, temporary storage and transportation of hazardous wastes in accordance with current laws on hazardous waste management.
This Joint Circular takes effect on November 1, 2013.

Ü SOCIO- ECONOMIC POLICIES

HAU GIANG: 100% OF COMMUNES TO REACH HEALTH CARE STANDARDS THROUGH 2020

Decision No. 1496/QD-TTg dated August 27, 2013 of the Prime Minister on approving the adjustment and supplement of the master plan on socio- economic development of Hau Giang province through 2020
In order to reach the objectives set through 2020: The average per-capita added value (at current prices) will reach VND 36.8 million by 2015 and VND 72 million by 2020; The annual export turnover will averagely increase 19.8% in the 2016-2020 period; the poverty rate will be reduced to some 15% by 2015 and below 10% by 2020; 100% of communes, wards and townships will reach the national standards on health and 100% of health stations will be staffed with physicians by 2020; the rate of people having access to clean water will reach 98% by 2020; 100% of industrial parks will be built with wastewater treatment systems up to the prescribed standards…. The Prime Minister set out several solutions to mobilize investment capital, to train and develop human resources as well as solutions to science and

 

technology, environment protection… for Hau Giang province and relevant Ministries, sectors and units.
Concretely: To improve the investment, production and business environment, particularly reforming investment procedures; to create infrastructure conditions for investment projects; to promulgate attractive and transparent investment incentive policies in accordance with law;
to enhance scientific and technological cooperation with domestic and foreign organizations and individuals, selecting advanced and appropriate technologies for local application so as to concentrate on the implementation of the program on transfer of new technologies and new products in the agriculture and fishery sector and agricultural and aquatic products and food processing industry…
This Decision takes effect on the date of its signing.

Ü ADMINISTRATION

SIX TYPES OF NECESSARY INFORMATION TO BE USED FOR NATIONAL CREDIT RATING

Decision No. 61/2013/QD-TTg dated October 25, 2013 of  the Prime Minister on providing information and coordinating to implement the national credit rating
Six types of necessary information used for national credit rating includes: General socio-economic information, Fiscal information, Banking and monetary information, Information on foreign economic relations, Political information, Other socio- economic information on the basis of proposal of credit rating organizations, consistent with regulations of law provision capacity of Vietnamese agencies and organizations concerned.

 

The provision of information and data for work of credit rating must ensure the following principles: Accuracy, completeness, updating and within the specified time limit; non-coincidence and non-overlapping, satisfaction of analysis and assessment requirements of credit rating organizations; consistency with current regulations on provision of information; consensus on rate, form, method of calculation and consistency with the data provided or publicly announced.
This Decision takes effect on December 15, 2013;

 

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