Hot policies take effect on December 2022

On December 2022, a number of policies relating to Vietnamese import and export nomenclature, electricity generation price bracket, and licenses to manufacture tobacco products...take effect.
 

On October 18, 2022, the Government issues Decree No. 82/2022/ND-CP on amending and supplementing a number of articles of Decree No. 113/2017/ND-CP detailing and guiding the implementation of a number of articles of the Law on Chemicals. These regulations take effect on December 22, 2022

Accordingly, Decree 82 supplements industrial chemicals subject to conditional production and trading as follows:

- Acetylene 29012910; Ammonia (anhydrous): 28141000; Chlorine: 28011000; Fluorine: 28013000;

- Hydrogen: 28041000; Hydrogen sulphide: 28111990; Hydrogen fluoride: 28111100;
- Nitric acid: 28080000; Sulfur dioxide: 28112920; Phosphorus (White, yellow, red): 28047000.
Group-1 industrial precursors:

Chlorocyclopentane:   29038900; Bromocyclopentane 29033990; Cyclopentyl magnesium bromide: 29319090;

Bromobenzonitrile 29269000; 2-Chlorobenzonitrile 29269000; 1-phenyl-1-propanone 29143900.

Besides, Decree 82 also supplements the cases not subject to the grant of certificates of eligibility for production of and trading in industrial chemicals subject to conditional production and trading such as:

- Activities of chemical dilution and mixing without chemical reactions forming industrial chemicals subject to conditional production and trading to put into use and production of other products and goods.

- Chemical composition in the mixtures of substances listed as industrial chemicals subject to conditional production and trading has the content in the mixtures of substances less than 0.1%.

On June 08, the Ministry of Finance issues Circular No. 31/2022/TT-BTC on promulgation of the Vietnamese import and export nomenclature. These regulations are applicable on December 01, 2022.

The objectives that are applicable to this nomenclature are:

- Organizations and individuals that import or export goods.

- Organizations and individuals that have rights and obligations related to the import, and export of goods.

- Customs offices and customs officers.

- Other state agencies are involved in the coordination of state management of customs and management of imports and exports.

The Vietnamese import and export nomenclature shall be used to formulate import and export tariffs; compile lists of goods to serve the state management according; make state statistics on imports and exports, and serve the state management of goods import and export and other fields.

Additionally, the Circular also provides six general rules explaining the classification of goods in the Vietnamese import and export nomenclature. based on the International Convention on Harmonized Commodity Description and Coding System of the World Customs Organization.

This Circular replaces the Minister of Finance’s Circular No. 65/2017/TT-BTC dated June 27, 2017, and the Minister of Finance’s Circular No. 09/2019/TT-BTC, dated February 15, 2019, on Vietnam’s nomenclature of exports and imports.

On November 09, 2022, the Prime Minister issues Decision No. 21/2022/QD-TTg regarding mechanisms and policies to encourage the development of inland waterway navigation and transportation.

Accordingly, the Ministry of Transport shall prioritize the allocation of public investment capital for the development of inland waterway transport infrastructure according to the medium-term public investment plan approved by the competent authority.

People’s Committees of provinces and centrally-run cities shall review and plan cross-river passenger landing stages in areas with difficult socio-economic conditions and have no conditions for development and investment in other modes of transport in the planning of the localities, ensuring that the investment in such landing stages is in accordance with Clause 2 Article 12 of the 2020 Law on Public Investment, in case of investment with the local budget; prioritize the allocation of land for construction of inland waterway ports for container handling in the North and the Mekong Delta.

Besides, the Ministry of Agriculture and Rural Development shall study and guide localities to promulgate specific regulations on conditions for investment and construction of inland waterway navigation infrastructure, establishments building, transforming and repairing inland waterway vessels outside dikes, for their effective work in the rainy season.

This Decision takes effect on December 25, 2022.

On November 08, 2022, the Ministry of Industry and Trade issued Circular No. 31/2022/TT-BCT amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 57/2014/TT-BTC dated December 19, 2014, prescribing the method and order for formulation and promulgation of the electricity generation price bracket and the Minister of Industry and Trade's Circular No. 57/2020/TT-BCT dated December 31, 2020, on providing the method to determine electricity generation prices and power purchase agreement.

Accordingly, to amend and supplement regulations on the order for formulation and promulgation of the electricity generation price bracket as follows: Within 15 working days after the construction investment feasibility study report of the power plant is approved, the project owner of the power plant shall take responsibility for providing the construction investment feasibility study report to Vietnam Electricity.

Besides, before November 01 every year, Vietnam Electricity calculates or hires a consultant to calculate the electricity generation prices of thermal power plants; proposes the selection of a standard power plant, selects parameters used to calculate electricity generation prices for a standard power plant in accordance with the actual performance of power purchase agreements and make a dossier to calculate the electricity generation price bracket of the power plants; calculate the ceiling price of the hydroelectric power plant.

This Circular takes effect from December 28, 2022.

Circular No. 30/2022/TT-BCT amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco business is issued on November 04, 2022, by the Ministry of Industry and Trade.

Accordingly, to change the effective date of the provisions of this Circular's forms and list of applications for licenses to manufacture tobacco products and sample licenses to manufacture tobacco products from January 01, 2023, to January 01, 2028.

The provisions of forms and list of applications for licenses to manufacture tobacco products and sample licenses to manufacture tobacco products provided in Circular No. 21/2013/TT-BCT are applicable until the end of December 31, 2027, instead of December 31, 2022, as in previous regulations.

This Circular takes effect from December 20, 2022.