Legal Document Updates in English (46/2011)

THE EXPORT OF SOME RUBBER COMMODITIES IS
SUBJECT TO THE RATE OF 3%-5%
 

The Ministry of Finance issued the Circular No. 145/2011/TT-BTC dated October 24, 2011 regulating the export tax rates for some rubber commodities in the group 4001, 4002, 4005 in the Export Tariff. Under the Circular, the export tax rates for these commodities increase from 3 to 5 percent, replacing the current rates of 0 to 3 percent. 

Specifically, exports of  natural rubber, balata, gutta-percha, guayule, sacolasea and similar natural gums, in primary forms or in plates, sheets or strips; Compound rubber which is not yet vulcanized, still in primary forms or in plates, sheets or strips will be subject to a tax rate of 3 percent.

Compound rubber and other substitutes for rubber extracted from oil in primary forms or in plates, sheets or strips; admixture of any commodities in the group 4001 with any commodities in this group, in primary forms or in plates, sheets or strips will have an export tax rate of 5 percent, replacing the current rate of 5 percent.

These new export rates will be applied since December 8, 2011.

THE EXPORT OF SOME RUBBER COMMODITIES IS SUBJECT TO THE RATE OF 3%-5%
 

On October 04, 2011, the Minister of Information and Communications issued the Circular No. 27/2011/TT-BTTTT on coordination of Internet incident response activities in Vietnam.

Under the Circular, when an individual or organization suffers an incident and fails to handle it, he/she shall notify the incident to one or more network members including the network member responsible for incident response for that user (if any); Internet service providers (ISPs) that are directly providing Internet services for that user or the coordinating agency (VNCERT). 

An incident notice sender shall closely coordinate with and provide full and accurate information on that incident to notified network members and create favorable conditions for these members and the coordinating agency to access and study incident-involved systems and devices for collecting and analyzing information to handle that incident.

After receipt of incident notices from the customers, a network member notified of an incident shall

promptly and within 24 hours send a receipt acknowledgement of the incident notice to the notifying organization or person and handle the incident within its capacity and responsibility. When failing to handle such incident, the network member shall notify the incident to the coordinating agency which will make coordination requests to network members for joining incident response efforts when necessary.

Internet incident is an event which has occurred, is occurring or is likely to occur, causes information insecurity on the Internet, and is detected through supervision, evaluation and analysis of concerned agencies, organizations or persons or warned by domestic or foreign information security specialists or organizations. Detailed information on addresses, telephone numbers, fax numbers, email addresses and websites of network members are published on the website of the coordinating agency.
 

This Circular will take effect on November 15, 2011.

 
FIVE CASES ARE REQUIRED TO COMPULSORY HIV TEST
 

On August 26, 2011, the Ministry of Health issued the Circular No. 33/2011/TT-BYT requiring compulsory HIV test in a number of necessary cases for diagnosis and treatment purposes.

As regulated in this Circular, the cases subject to compulsory HIV test for diagnosis and treatment purposes includes donors of tissues or body organs, recipients of tissues or body organs, donors of sperms or ovules, recipients of sperms, ovules or embryos and patients given clinical examination and para-clinical lest which detect no pathogenic causes of diseases or showing clinical symptoms of HIV infection under the Minister of Health's Decision No. 3003/QD-BYT of August 19, 2009, providing guidance on HIV/AIDS diagnosis and treatment.

Compulsory HIV test for diagnosis and treatment purposes must be recommended before and after HIV test under Article 26 of the Law on Human Immunodeficiency Virus/' Acquired Immune Deficiency Syndrome (HIV/AIDS) Prevention and Control and other relevant legal documents. Informing of HIV positive test result must comply with the Circular No. 01/2010/TT-BYT dated January 6, 2010 of the Minister of Health specifying responsibilities and orders for informing HIV positive test result.

Regarding expenses for compulsory HIV test, for donors of tissues, body organs, sperms or ovules (below referred to as donors) with identifiable recipients, expenses are paid by establishments receiving tissues, body organs sperms or ovules, and then calculated as expenses for medical examination and treatment of sperm or ovule recipients.

For donors without identifiable recipients, expenses for test are paid by establishments receiving tissues, body organs, sperms or ovules and then accounted into charge rates of services of transplantation of tissues or organs or services of assisted reproductive technology (ART) provided by these establishments on the principle of expenditure-revenue clearing.

For HIV-tested persons with medical insurance cards, expenses are paid by the medical insurance fund within the scope of these persons’ benefits. For persons without medical insurance cards, expenses for the test are paid by HIV tested persons in accordance with current hospital fee regimes.
 

 
ENTERPRISES ARE REQUIRED TO IMPLEMENT LABOR
SAFETY AND SANITATION
 

The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health jointly issued the Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT dated January 10, 2011 guiding the implementation of labor safety and sanitation work in labor-employing establishments.

As regulated in the Joint Circular, a labor-employing establishment shall set up a labor safety and sanitation unit and it shall appoint at least 1 part-lime labor safety and sanitation officer; In case a labor-employing establishment cannot set up a labor safety and sanitation unit, it shall sign a contract with a capable organization to discharge the labor safety and sanitation tasks. The labor safety and sanitation officer must have professional knowledge and skills in safety, lire and explosion prevention and fighting, labor environment and sanitation techniques. Moreover, this officer is required to be knowledgeable about practical production, business or service provision operations of his/her establishment.

Besides, if the establishment employs between 500 and 1.000 direct workers, it must have at least 1 health worker possessing an intermediate medicine degree; If the establishment employs more than 1.000 direct workers working together in the same place, it shall organize a health station or unit or an

infirmary staffed with at least 1 assistant medical doctor or general medical doctor. In case a labor-employing establishment cannot set up a health unit or employs fewer than 500 direct workers, it shall sign a healthcare contract with health station of commune, ward or township; regional general clinic; or hospital of district or provincial city or district-level health center.

Funds for labor safety and sanitation work shall be accounted as regular operation expenses or production and business expenses of labor-employing establishments and as reasonable expenses for enterprise income tax calculation and payment by these establishments under the current law on enterprise income tax.

This Circular takes effect on March 1, 2011. To annul the Joint Circular No. 14/1998/TTLT-BLDT13XH-13YT-TLDLDVN dated October 31, 1998, of the Ministry of Labor War Invalids and Social Affairs, the Ministry of Health and the Vietnam General Confederation of Labor guiding labor protection work in enterprises and production or business establishments.

 
GUIDELINES ON THE FINANCIAL MANAGEMENT OF THE PROGRAM
TO SUPPORT INTELLECTUAL ASSET DEVELOPMENT
 

scientific, technological and intellectual property information for research, development, production and business activities…

For projects authorized by the central government to local administrations for management, the central budget provides annual budgetary supports for local budgets on the principle that the support level depends on sectors in which these projects are implemented, project implementation units and percentage of this state budget-allocated support.

Responsibility remuneration for the head of the Steering Committee is VND 500,000/month; for members of the Steering Committee, the head of the Secretariat, the chief of the Office of the Program is VND 400,000/month. Members of the Secretariat and deputy Chiefs of the Office of the Program receive VND 350.000/month for responsibility remuneration. Local officials performing equivalent tasks enjoy remuneration levels equal to 70% of the above levels.

This Circular takes effect on September 18, 2011