List of newly promulgated legal documents

21/04/2011
I. The Government
+ On 16th February 2011, the Government issued the Decree No. 14/2011/ND-CP prescribing the conditions for registration and operation of customs clearance agents. This Decree takes effect from 01st April 2011 and replaces Decree No. 79/2005/ND-CP issued by the Government on 16th June 2005 prescribing the conditions for registration and operation of customs clearance agents.
 + Decree No. 16/2011/ND-CP of February 22, 2011, on amending and supplementing the Government’s Decree No 105/2004/nd-cp of March 30, 2004, of independent auditor. To amend and supplement Point b, Clause 1, Article 13 of the Government's Decree No.105/2004/ND-CP, of March 30, 2004 on independent auditors as follows: “b) Having bachelor or higher degrees in Economic-Finance-Bank or Accounting-Auditing and having financial or accounting actual working time for at least 5 years or longer or actual time of working as auditor assistants in auditing enterprises for at least 4 years or longer, counted from the year of bachelor degree issuing to the year of exam registration. This Decree takes effect from April 20, 2011.

+ Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government providing in detail for implementation of a number of Articles of the Law on adoption. The Decree takes effect from May 8, 2011.

+ Decree No. 20/ 2011/ND-CP dated 23 March 2011 providing detailed regulations and guiding implementation of  Resolution No.55/ 2010/ QH12 dated 24 November 2010 by the National Assembly on exemption from and reduction of tax in using agricultural land The decree takes effect from 15 May 2011.

+ Decree No. 21/2011/ND-CP dated 29 March 2011 providing detailed regulations and guiding implementation of the Law of using energy sparingly and effectively. The decree takes effect from 18 May 2011.

+ Decree No. 24/2011/ND-CP dated April 05, 2011 of the Government amending a number of Articles of the November 27, 2009 Decree No.108/2009/ND-CP on investment in the form of Build-Operate-Transfer contract, Build-Transfer-Operate contract, Build-Transfer contract. It takes effect from May 20, 2011.

+ The Decree No. 27/2011/ND-CP dated April 09, 2011 of the Government on supplying, development, handling, usage of passengers information before entering into the border gate of Vietnam by air traffic. The Decree takes effect from June 1, 2011.

II. The Prime Minister

+ Decision No. 19/2011/QD-TTg dated March 23, 2011 of the Prime Minister on pilot implementation of commmodities declaration, related documents and electronic customs clearance for seagoing vessels on entrance or exit Vietnam. The Decision takes effect from May 15, 2011.

+ Decision No 20/ 2011/ QD-TTg  dated 24 March 2011 promulgating the Regulations on management of paid television . The Decision takes effect from May 15, 2011.

+ Decision No .459/ 2011/ QD-TTg dated 30 March 2011 approving the Master plan on development of gas industry of Vietnam in the period to 2015, orientation to 2025.

+ Decision No. 471/ 2011/ QD-TTg dated 30 March 2011 regarding the subsidizing over officials, civil servants, armed forces, pensioners with low level of retirement pension, persons entitled preferential subsidization and families facing difficult lives.

+ Decision No. 21/2011/QD-TTg dated April 06, 2011 of the Prime Minister on extending of paying enterprise income tax of the small, medium-sized enterprises aiming at unfastening difficulties, contributing to enhance development of 2011 economic.

+ Decision No. 24/2011/QD-TTg dated April 15, 2011 of the Prime Minister on the adjustment of electricity selling price according to market mechanism. The Decision takes effect from June 1, 2011.

III. The Ministry of Finance

+ Circular No. 28/ 2011/ TT-BTC dated 28 February 2011 guiding a number of articles of the Law of Tax Management, Decree 85/ 2007/ ND-CP published on 25 May 2007 and Decree 106/ 2010/ ND-CP of the Government. The circular takes effect from 14 April 2011.

+ Circular No. 31/ 2011/ TT-BTC dated 07 March 2011 providing amendment and supplementation of Circular No. 100/ 2002/ TT-BTC dated 04 November 2002 of the Ministry of Finance guiding the additional financing of charter capital for Commercial Banks of the State. The circular takes effect from 1 May 2011.

+ Circular No. 32/ 2011/ TT-BTC dated 14 March 2011 guiding the creation, preparation and use of electronic invoice of selling goods and providing services. The circular takes effect from 1 May 2011.

+ Circular No. 34/ 2011/ TT-BTC dated 14 March 2011 regarding amendment of Circular No. 228/ 2009/ TT-BTC dated 07 December 2009 of the Ministry of Finance guiding regulation on extraction regulation and using provisions for reduce price of inventory, loss in financial investment, bad debt, warranty of products, goods and works built at enterprises. The circular takes effect from 28 April 2011.

+ Circular No. 35/ 2011/ TT-BTC dated 15 March 2011 providing instructions regarding the VAT over telecommunication service. The circular takes effect from 1 May 2011.

+ Circular No. 36/ 2011/ TT-BTC dated 16 March 2011 regulating customs procedure over goods imported, exported, transited through road express service. The circular takes effect from 30 April 2011.

+ Circular No. 37/ 2011/ TT-BTC dated 16 March 2011 regarding guidelines for implementation of a number of articles of Decree No. 85/ 2010 ND-CP dated 02 August 2010 of Government on penalty for administrative offence in relation to securities and securities market. The circular takes effect from 10 May 2011.

+ Circular No. 38/ 2011/ TT-BTC dated 16 March 2011 providing regulations on the fee level , fee regulation, managing and using fee of  securities operations applied at organizations operating securities service. The circular takes effect from 1 May 2011.

+ Circular No. 41/ 2011/ TT-BTC dated 24 March 2011 amending, supplementing Circular No.193/ 2010 dated 2 December 2010 providing for the regime of collection, payment management and use of appraisal fee over condition of social security; examination fee to issue the certificate of guarding profession; fee of issuing certificate for registration of seal specimen; license of bringing firework in, out of Vietnam; license of managing weapon, explosive material, support tools.

+ Decision No. 624/ QD-BTC dated 18 March 2011 correcting Circular No. 09/ 2011/ TT-BTC providing instructions on VAT and business income in the field of insurance business.

IV. The State Bank of Vietnam

+ Circular No. 02/2011/TT-NHNN dated 03 March 2011 regulating the maximum interest rate level of mobilizing capital in Vietnam dong.

+ Circular No. 04/2011/TT-NHNN dated 10 March 2011 providing regulations on applying interest rate in case organizations or individuals withdraw the deposit before the term at credit organizations.

+ Circular No. 05/2011/TT-NHNN dated March 10, 2011 of the State Bank of Vietnam regulating the charge of credit institutions’ loans to clients

+ Circular No. 06/2011/TT-NHNN dated March 22, 2010 of the State Bank of Vietnam stipulation of statistical survey in monetary, banking activities and foreign exchange transactions. The circular takes effect from June 1, 2011.

+ Circular No. 07/2011/TT-NHNN dated March 24, 2011 of the State Bank of Vietnam providing on foreign currency loans of the credit institutions with customers being residents. The Circular takes effect from May 9, 2011.

V. The Ministry of Industry and Trade

+ Circular No. 06/2011/TT-BCT dated 21 March 2011 regulating the procedure of issuing the Origin Certificate of preferential goods. The Circular takes effect from May 4, 2011.

+ Circular No. 07/2011/TT-BCT dated 24 March 2011 promulgating the list of consumer goods to serve the determination of export tax deadlines. The Circular takes effect from May 9, 2011.

+ Circular No. 09/2011/TT-BCT dated 30 March 2011 regulating the management, use of digital signature, digital identification and notarizing digital signature service of the Ministry of Industry and Trade.

+ Circular No. 12/2011/TT-BCT dated 30 March 2011 providing regulations in amending, supplementing and abrogating a number of articles on administrative procedure of Decision No. 24/ 2002/ QD-BCN dated 17 June 2002 issued by the Ministry of Industry regarding promulgating the regulation on the standard of enterprises manufacturing, assembling two-wheel motorcycle and Decision No. 115/ 2004/ QD-BCN dated 27 October 2004 issued by the Ministry of Industry promulgating the regulation on the standard of enterprises manufacturing automobile.

+ Circular No. 15/2011/TT-BCT dated 30 March 2011 regulating the procedure for registering the list of import goods, temporarily imported for re-export goods and liquidated goods of foreign contractors in construction industry in Vietnam.

+ Decision No. 1380/ QD-BTC dated 25 March 2011 promulgating the list of items not encouraged to import.

VI. The Ministry of Information and Communication

+ Circular No. 07/ 2011/ TT-BTTTT dated 01 March 2011 providing detailed regulations and guiding the issuing the license for press activities in the field of radio and television.

VII. The Ministry of Science and Technology

+Circular No. 01/ 2011/ TT-BKHCN dated 16 March 2011 guiding the establishment and operation registration of science and technology organizations with foreign invested capital, representatives office, branches of foreign science and technology organizations in Vietnam.

VIII. The Ministry of Agriculture and Rural Development

+ Circular No. 27/2011/TT-BNNPTNT dated April 13, 2011 of the Ministry of Agriculture and Rural Development providing for criteria and procedures of issuing certificate of farm economy. The Circular takes effect from May 28, 2011.

IX. The Ministry of Education and Training

+ Decision No. 1146/QD-BGDDT dated March 23, 2011 of the Ministry of Education and Training issuing provision on dossier handling process regard to registration for opening university, college level training disciplines at the Ministry of Education and Training

X. The Ministry of Transportation

+ Circular No. 18/2011/TT-BGTVT dated March 31, 2011 of the Ministry of Transport providing for modifying, supplementing a number of Articles of the March 26, 2007 Decision No.13/2007/QD-BGTVT of the Ministry of Transport on granting, recognizing the sufficient conditions certificate of dangerous cargos transporting by air traffic. The Circular takes effect from May 15, 2011./.-ITD