Legal Document Updates in English (47/2014)

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NUMBER

TITLE

 

In This Updates:

EXPORT – IMPORT

 

EXPORT - IMPORT

1

55/2014/TT-BGTVT

Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Ministry of Transport amending Circular No. 31/2011/TT-BGTVT stipulating the inspection of technical safety, quality and environmental protection for imported motor vehicles

 

Handling violations for imported automobiles used for more than five years

Page 2

COMMERCE

 

COMMERCE

2

83/2014/ND-CP

Decree No. 83/2014/ND-CP dated September 03, 2014 of the Government on petrol and oil trading

 

Allowed to raise petrol and oil price two times/month

Page 2

TRANSPORT

 

TRANSPORT

3

54/2014/TT-BGTVT

Circular No. 54/2014/TT-BGTVT dated October 20, 2014, amending Circular No. 31/2011/TT-BGTVT stipulating the inspection of technical safety, quality and environmental protection in manufacturing and assembling motor vehicles

 

Regulations on the inspection of quality in manufacturing motor vehicles

Page 2

4

49/2014/TT-BGTVT

Circular No. 49/2014/TT-BGTVT dated October 15, 2014, on safety inspection of containers carried through Vietnam ports

 

Container not checked on schedule shall be suspended

Page 3

SAVING – ANTI-CORRUPTION

 

SAVING – ANTI-CORRUPTION

5

84/2014/ND-CP

Decree 84/2014/ND-CP dated September 08, 2014 of the Government detailing a number of articles of the Law on Thrift Practice and Waste Combat

 

Shall be paid compensation for wasteful acts

Page 3

 

SUMMARY:

 

Ü EXPORT - IMPORT


HANDLING VIOLATIONS FOR IMPORTED AUTOMOBILES
USED FOR MORE THAN FIVE YEARS
 

This is one of the new contents regulated under the Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Ministry of Transport amending Circular No. 31/2011/TT-BGTVT stipulating the inspection of technical safety, quality and environmental protection for imported motor vehicles.

Accordingly, in the process of examination on technical safety and environmental protection, if detecting used non-cabin chassis (including new chassis with a built-in used engine or used chassis with a built-in new engine); Used ambulances; other automobiles used for more than five years, calculated from production year to importing year; other automobiles used and functionally transformed compared to previous design; automobiles with frame numbers, engine numbers and VINs (if any) being erased, modified and re-stamped; in case of left-hand drive motor vehicles with steering wheel being not positioned on the left, the Inspection agency shall withhold procedures for inspection and certification of conformity to regulations on technical safety, quality and environmental protection and establish a written record of violations no later than three

 

days since the day of receiving the conclusion. The inspecting agency shall notify in writing to organizations, individuals and Customs agency.

Besides, the Circular also guides in detail on the inspection, certification of quality and environmental protection for special motor vehicles which size and mass are greater than the accepted standard set out in the regulation. Specifically, import inspection shall be carried out but the Certificate of Quality must note down the statement: this vehicle is only permitted to operate in a limited range and must get approval from the competent road management agency when participating in road traffic. For imported motor vehicles that are not involved in public traffic or special vehicles of right-hand drive steering wheel that operate in a limited range and is accepted for import shall be inspected for import but the Certificate of Quality must note down the statement: This vehicle is not permitted to participate in road traffic.

This Circular takes effect on December 15, 2014.

Ü COMMERCE


ALLOWED TO RAISE PETROL AND OIL PRICE TWO TIMES/MONTH
 

According to the Decree No. 83/2014/ND-CP dated September 03, 2014 of the Government replacing the Decree No. 84/2009/ND-CP dated October 15, 2009 on petrol and oil trading, from November 01, 2014, the interval between two consecutive price adjustments is at least fifteen days, for price increase, and maximum fifteen days, for price lowering.

The Decree also stressed that when changes in price constituents lower the current base price with 15 days, key traders shall reduce the minimum retail price corresponding to the base price at the time of price adjustment by the traders; and the same time, send price declaration documents and price adjustment decisions to competent state agencies and take responsibility before law for adjusted prices; reduction level, interval between two (2) reductions and number of reductions are not limited.

Another significant content is regulation on limiting rights of petrol and oil retail price adjustment by key traders. Accordingly, from November 01, when changes in price

 

constituents increase the base price up to three percent, key traders may increase retail prices corresponding to the base price at the time of price adjustment by the traders; When changes in price constituents increase the base price between over 3% to 7%, key traders shall send price declaration documents and expected price adjustment levels to competent state agencies. When changes in price constituents increase the base price over 7% or when the price hiking will badly affect the socio-economic development and people’s life, the Ministry of Industry and Trade and Ministry of Finance shall report specific management measures to the Prime Minister for consideration.

From November 01, petrol and oil traders shall organize the examination and inspection bi-annually at petrol and oil establishments to make sure that it complies with regulations on fire prevention and environmental protection.

This Decree takes effect on November 01, 2014

.

Ü TRANSPORT


REGULATIONS ON THE INSPECTION OF QUALITY IN MANUFACTURING MOTOR VEHICLES
 

On October 20, 2014, the Ministry of Transport promulgated Circular No. 54/2014/TT-BGTVT dated October 20, 2014, amending Circular No. 31/2011/TT-BGTVT stipulating the inspection of technical safety, quality and environmental protection in manufacturing and assembling motor vehicles.

Under this Circular, after the product is granted the Certificate, the workshop shall start mass production, inspection of quality during production, assembly for each product and must ensure that all these products must meet the standard, technical regulations the same way as the product inspection dossier and certified typical sample. Each product from mass production must be inspected as a finished product by the workshop in either of the following manners: inspection under the quality management agency’s supervision and self-inspection.

For the finished product inspection under the quality management agency’s supervision, the quality management agency shall carry out the supervision on the finished production inspection at motor vehicle manufacturing and assembling establishments in the

 

following cases: Those involved in the production, assembly of motor vehicles for the first time; Those turning out unstable products; Those turning out products showing unconformity with the product inspection dossier and typical sample of the certified product types; Those having no technician in charge of the finished product inspection; Those committing some violation relating to use of finished product inspection note; Workshops erasing, modifying, and re-stamping VIN and engine number on their own choice…  Time for each inspection period is 6 months or 500 products.

If the workshop out of the list of subjects under supervision as stipulated are permitted to perform finished product self-inspection. Quality management agencies may carry out unexpectedly investigation. If the workshops are found to have violated the regulations concerning quality inspection, the Certificate shall be suspended, revoked or application of supervision to be exercised as mentioned above.

This Circular takes effect on December 15, 2014.


CONTAINER NOT CHECKED ON SCHEDULE SHALL BE SUSPENDED
 

This is required by the Ministry of Transport under the Circular No. 49/2014/TT-BGTVT dated October 15, 2014, on safety inspection of containers carried through Vietnam ports.

Besides, container shall be suspended in the following cases: the container does not have a Safety Approval Plate, or the Safety Approval Plate is not affixed properly to the container; the container has been not checked or maintained on schedule; the container is damaged or unsafe as prescribed.

 

If a container is suspended from operation in any of the cases, the container owner must repair the defects, and recover the safety condition of that container at a container repair shop and report the result to the local maritime administration before putting that container into operation. If the container owner sends that container to foreign ports, he must notify the local maritime administration. The container sent to foreign ports for repair must satisfy requirements for marine safety and security, and environmental pollution prevention.

This Circular takes effect on December 15, 2014.

Ü SAVING – ANTI-CORRUPTION


SHALL BE PAID COMPENSATION FOR WASTEFUL ACTS
 

Cadres, civil servants, public employees and workers in state budget-funded agencies and organizations and heads of state enterprises who commit violations who commit violations, fail to implement, or improperly implement the provisions of the Law on Thrift Practice and Waste Combat shall pay compensation in accordance with the regulations as prescribed under the Decree No. 84/2014/ND-CP dated September 08, 2014 of the Government detailing a number of articles of the Law on Thrift Practice and Waste Combat.

The compensation amount shall be calculated in Vietnam dong and determined based on written explanations of persons committing wasteful acts and proposals of the Council for handling compensation responsibility. The person liable for compensation shall make one-off payment of compensation within 30 days after receiving a compensation decision. In case he/she is unable to make one-off payment of the compensation amount, the unpaid amount shall be paid gradually within 12 months after the compensation decision is issued. If he/she is unable to pay compensation, 20% of his/her monthly salary shall be deducted until the compensation amount is fully paid under the competent person’s decision.

Suspension from compensation payment shall be applied in the following cases: he/she is hospitalized for medical

 

treatment, or she is pregnant; His/her family is classified as poor household or household living just above the poverty line, his/her family is facing extreme economic difficulties as certified by the commune-level People’s Committee of the locality of his/her residence; He/she is put in custody or detention pending the competent investigation agency’s conclusion of other violations. The duration of suspension from compensation payment is not exceeding 6 months, for hospitalized persons or pregnant women; persons of families classified as poor households or households living just above the poverty line, or at most equaling the custody or detention duration, for persons held in custody or detention pending the competent investigation agency’s conclusion of other violations.

Especially, names and addresses of agencies or organizations where wasteful acts occur; Wasteful acts; and handling measures already applied to persons committing wasteful acts shall be publicized at meetings or posted up at working offices of agencies or organizations; uploaded onto websites or e-portals (if any) of agencies or organizations or published in press publications of agencies or organizations or in the mass media.

This Decree takes effect on November 01, 2014.

 

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