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ENTERPRISE |
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ENTERPRISE |
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Circular No. 18/2012/TT-BTTTT dated November 15, 2012 of the Ministry of Information and Communications on list of telecommunications enterprises, group of telecommunications enterprises with dominant position on market for the important telecommunication services |
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Viettel is dominant in telecommunication service market |
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Decree No. 99/2012/ND-CP dated November 15, 2012 of the Government on assignment, decentralization of the implementation of the rights, responsibilities and obligations of state owner for the state-owned enterprises and state capital invested in the enterprises |
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The Prime Minister has rights to establish State Economic Corporations |
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ADMINISTRATIVE VIOLATIONS |
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ADMINISTRATIVE VIOLATIONS |
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Decree No. 91/2012/ND-CP dated November 08, 2012 of the Government on the penalties for administrative violations of food safety |
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Violations on food safety must not exceed 100,000,000 VND |
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ORGANIZATIONAL STRUCTURE |
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ORGANIZATIONAL STRUCTURE |
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Decree No. 63/2012/ND-CP dated August 31, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Health |
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Changing the organizational structure of Ministry of Health |
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COMMERCE – ADVERTISING |
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COMMERCE – ADVERTISING |
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Decree No. 94/2012/ND-CP dated November 12, 2012 of the Government on wine production and wine trading |
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Issuing 01 License for wine retailing for 1,000 people |
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SUMMARY:
Ü ENTERPRISE
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On November 25, 2012, the Minister of Information and Communications issued the Circular No. 18/2012/TT-BTTTT on the List of telecommunications enterprises, group of telecommunications enterprises with dominant position on market for the important telecommunication services that the State needs to take competition management nder the Circular, the list of telecommunications enterprises, group of telecommunications enterprises with dominant position on market for the important telecommunication services that the State needs to take competition management includes: Vietnam Posts and Telecommunications Group (VNPT), Viettel, FPT Telecom, Vietnam Mobile Telecom Services Company. |
Of which, Viettel group is a dominant enterprise with many important telecommunication services such as: Local telephone service; International telephone service; International leased line service; Local leased line service; Domestic long-distance telephone service …; VNPT and VMS are dominant with land mobile information services such as: Phone service; Messaging service; Internet access service… This Circular takes effect from January 01, 2013 and replaces the Decision No.1622/QD-BTTTT dated October 29, 2008 |
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On November 15, 2012, the Prime Minister issued the Decree No. 99/2012/ND-CP on assignment, decentralization of the implementation of the rights, responsibilities and obligations of state owner for the state-own enterprises and state capital invested in the enterprises, of which, one of the most notable points is regulation on Prime Minister’s rights to State own enterprises. Specifically, besides rights such as: deciding the objectives, strategies, sectors and doing business, working capital in State owned enterprises…The Prime Minister has rights to decide on the establishment, objectives, tasks and lines of business; reorganization, change of ownership, dissolution and bankruptcy requirement for economic groups and State Capital Investment Corporations; To decide on the |
appointment, reappointment, dismissal, resignation, reward, discipline of chairman of the Members’ Council; To approve the policy to establish subsidiaries with 100% of state capital of state-own corporations, companies under the Ministries, the provincial-level People's Committees, at the request of the Ministries, the provincial-level People's Committees. At the same time, the Decree also clearly regulated the rights, obligations of the Prime Minister for the enterprises that tha State holds more than 50% of charter capital such as: To decide on the hold, increase or decrease of state capital invested in the state economic groups after equitization; class of shares and the total number of shares of each class to be offered. This Decree takes effect from December 30, 2012. |
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Ü ADMINISTRATIVE VIOLATIONS
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On November 08, 2012, the Government issued the Decree No. 91/2012/ND-CP on the penalties for administrative violations of food safety. Of which, the fine for violations of the regulations on using food ingredients and food processing supplements during the production of food must not exceed 100,000,000 VND. At the same time, this Decree regulated the fine level for acts of administrative violations on food safety assurance, specifically: Fines of from 3,000,000 VND to 5,000,000 VND for using meat or meat products without undergoing or fail the test on veterinary hygiene; Fines of from 10,000,000 VND to 15,000,000 VND for using ingredients that do not ensure food safety or from unknown origins for producing and processing food. For the violations of the regulations on using chemicals during the production of food, the Decree clearly regulated the fine level with fines of from 15,000,000 VND to 25,000,000 VND for using expired chemicals, chemicals from unknown origins, or chemicals without expiry date during the production of food; Fines of from 30,000,000 VND to 50,000,000 VND for using prohibited chemicals during the production of food. Besides, according to the Decree, to fine 7 times of the value of violating food, applicable to the acts of violations if the highest fine in the fine bracket is smaller |
than 7 times of the value of violating food at the time of committing violations, but the fine must not exceed 100,000,000 VND. Depending on the nature and extent of violations, the organizations and individuals that commit administrative violations are also subject to one of the following forms of additional penalties: Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; Confiscating the exhibits and instruments used for committing administrative violations of food safety. Apart from the forms of penalties, the organizations and individuals that commit administrative violations must also take one ore more remedial measures as follows: Enforcing the restoration of the original condition that have been changed while committing the violations; Enforcing the recall, destruction, or reprocessing the food, food ingredients, food additives, food processing supplements, instruments and materials for wrapping and storing food that commit violations… This Decree takes effect on December 25th 2012 and annuls some articles of the Decree No. 45/2005/ND-CP dated April 06, 2005 |
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Ü ORGANIZATIONAL STRUCTURE
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On August 31, 2012, the Prime Minister issued the Decree No. 63/2012/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Health. Of which, one of the most notable points is regulation on changing the Department of science and training into The Science, Technology and Training Department; the Department of Traditional Medicine and Pharmacy into The Traditional Medicine and Pharmacy Management Department; The Department of food safety into The Food Safety Department and regulation on establishing 2 new units: The Communication, Emulation and Commendation Department and The Information Technology Department. Therefore, from October 20, 2012, the organizational structure of Ministry of Health will include 24 units which are established from The Planning and Finance Department; The Organization and Personnel Department; The Health Insurance Department; The Medical Equipment and Work Department.
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At the same time, the Decree also determined that the Ministry of Health is a governmental agency, performing the state management of health and other relevant tasks. Specifically, to submit to the Prime Minister draft decisions, directives and other documents related to the sectors falling within the scope of the Ministry’s state management or as assigned; To promulgate circulars, decisions, directives and other documents on the state management of the sectors falling within the scope of the Ministry’s state management; To promulgate, amend and supplement lists of contagious diseases of different groups, a list of contagious diseases subject to use of vaccines or medical bio-products and organize vaccination and use of medical bio-products for compulsory subjects in accordance with law; To grant, suspend and withdraw certificates of circulation registration, appraisal of professional contents of dossiers of registration for advertisement of insecticides and germicides for domestic and medical use. |
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Ü COMMERCE - ADVERTISING
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On November 12, 2012, the Government issued the Decree No. 94/2012/ND-CP wine production and wine trading with a view to tightening the control of domestic wine production and wine trading; of which, one of the most notable points is on control of granting the wine business certificate. Accordingly, the Government regulated the quantity of the Licenses for wine retailing is determined according to the following rules: the quantity of the Licenses for wine retailing at local wine stores within a district or a town: 01 License for wine retailing for 1,000 people, suitable for the wine retail system. And the quantity of the Licenses for wine distribution is determined based on the national population: 01 License for wine distribution for 400,000 people. Every year, depending on the population change in each period, the agency competent to announce the quantity of the License for wine trading (distribution, wholesaling |
retailing) must announce the quantity of unexpired licenses and the quantity of un-issued licenses (if any) Besides, the Government also requested that, from January 01, 2014, the wine produced for sale in Vietnam being traded on the market must have stamps. The wine produced for sale at home and the imported wine for sale in Vietnam must have stamps on their packages as prescribed by the Ministry of Finance (except for the small-scale production of wine for selling to the enterprises licensed to produce wine for further processing). The stamps of wine produced or imported for sale at home are only issued to the organizations and individuals that have the License for wine production or wine distribution. This Decree takes effect on January 01st 2013 and annuls the Government's Decree No. 40/2008/ND-CP dated April 07th 2008 on the wine production and wine trading. |
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