New legal documents come into effect as from October 2016There are a range of legal documents issued by the Government, the Prime Minister, ministries and ministerial level agencies taking effect as from October 2016, as follows:1. Decree No. 119/2016/ND-CP dated 23 August 2016 of the Government providing for policies on sustainable management, protection and development of coastal forests to cope with climate change will take effect as from 10 October 2016.
Accordingly, the Decree stipulates coastal forest management, the State investment policies, encouragement activities for social investment, rights and responsibility of organizations, businesses, households and individuals and forecasts on investment on coastal forest management, protection and management.
2. Decree No. 121/2016/ND-CP dated 24 August 2016 of the Government on pilot implementation of labor and wage management for Vietel Corporation in the 2016-2020 phase will take effect as from 10 October 2016.
3. Decree No. 123/2016/ND-CP dated 1 September 2016 of the Government defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies shall take effect as from 15 October 2016.
4. Decree No. 136/2016/ND-CP dated 9 September 2016 of the Government amending a number of articles of the Government’s Decree No. 221/2013/ND-CP of 30 December 2013, prescribing the application of the administrative handling measure of consignment to compulsory detoxification establishments Government, shall take effect as from 30 October 2016.
The Decree underlines responsibilities of ministers for all activities within their ministries and clearly defines functions, tasks, and powers of ministries and ministerial-level agencies to avoid overlapping and missing tasks.
5. Decree No. 137/2016/ND-CP dated 29 September 2016 of the Government on preferential import tariff of Vietnam to implement the Free Trade Agreement between the State of Vietnam and the member-states of Asia – Europe Economic Union for the 2016-2018 phase took effect as from 5 October 2016.
6. Decision No. 33/2016/QD-TTg dated 19 August 2016 of the Prime Minister on promulgation of the statute on provision and use of e-customs declaration information shall take effect as from 15 October 2016.
The Decree provides for the provision and use of e-customs declaration information to carry out procedures for taxation, certification of commodity origin, payment made at banks and other administrative procedures, and serve as evidence to show the legality of commodities sold in the market. This Statute applies to information provider that is the General Department of Vietnam Customs and information users that are:
a) Regulatory bodies that use e-customs declaration information to carry out procedures for taxation, issuance of certificates of origin, and other administrative procedures, and check the legality of commodities sold in the market;
b) Credit institutions that use e-customs declaration information to carry out procedures for taxation and payment made at banks;
c) Organizations issuing certificates of origin under the authorization of Ministry of Industry and Trade.
Contents of provided information basically include declaration number, type's code, customs agency, date of registration of customs declaration, code of importer/ exporter, status of customs declaration, quantity of goods, description of goods, HS code, amounts of taxes paid, ect.
7. Circular No. 11/2016/TT-BKHDT dated 26 July 2016 of the Ministry of Planning and Investment on guidance on bidding documents for engineering-procurement of goods-construction (EPC) took effect as from 1 October 2016.
This Circular provides for guidance on making bidding documents for engineering (E), procurement of goods (P) and construction (C) (EPC) applicable to work packages of projects which are prescribed in Article 1 of the Law on bidding are complicated, require high technology and strictly comply with the consistency from the design to procurement of equipment phase, construction, training, technology transfers, warranty, and long-term maintenance.
The EPC form shall not be applied in the case where it is impossible to divide the package into smaller packages including engineering (E), procurement of goods (P), and construction (C) or including engineering and procurement of goods (EP) and construction (C) so as to enable domestic enterprises to participate in bidding and carry out the package.
The bidding documents’ forms issued together with this Circular shall be applied to open tender, international selective tendering according to single stage-two envelope bidding procedure.
8. Circular No. 132/2016/TT-BTC dated 18 August 2016 of the Ministry of Finance instructions on estimates, management, use and settlement of expenditures on preparation and organization of seventh Ayeyawady-Chao Phraya-Mekong economic cooperation strategy (ACMECS) summit, eighth Cambodia – Laos – Myanmar – Vietnam (CLMV) summit and world economic Forum-Mekong Conference (Wef-Mekong Conference) in Vietnam.
This Circular took effect since 3 October 2016 and shall be applicable to the preparation and organization of activities within the framework of ACMECS, CLMV and WEF-Mekong Conference in Vietnam.
9. Circular No. 20/2016/TT-BTNMT dated 25/8/2016 of the Ministry of Natural Resources and Environment regulating regulations on construction, exploitation and use of database resources on marine and island environment will take effect as from 10 October 2016.
Accordingly, there are three forms of exploitation and use of database resources on marine and island environment, such as specialized networks; electronic portals or electronic portals of database management agencies, contract form or via request form or a written request for the data provider.
The exploitation and use of database resources on marine and island environment ensure timely service of the state administration; satisfy the requirements of socio-economic development and ensure national defense and security.
The list of data resources on marine and island environment is published in the mass media, electronic portals or electronic portals of ministries, ministerial-level agencies and provinces.
10. Circular No. 130/2016/TT-BQP dated 10 September 2016 of the Ministry of National Defense adjusting monthly subsidy levels for military-men working in crytopgraphy will come into effect as from 25 October 2016.
According to the Circular, the monthly allowance subsidy shall vary from VND 1,535,000 to VND 1,812,000 for those who served 15 to 20 years for the army's crytopgraphy division, respectively.
11. Circular No. 138/2016/TT-BQP dated 12 September 2016 of the Ministry of National Defense on military coaches and athletes shall come into effect as from 27 October 2016.
Accordingly, national sports athletes win gold medals will be awarded higher bonuses, including VND 75 million for world-class sports games; VND 50 million for Asian ones; VND 25 million for regional ones.
12. Joint Circular No. 37/2015/TTLT-BYT-BTC dated 29 October 2015 of the Ministry of Health and the Ministry of Finance on unifying prices for medical examination and treatment services covered by medical insurance among hospitals and the same level across the country shall come into effect as from 1 October 2016.
This Joint Circular applies to medical facilities, units, organizations and individuals that engage in medical examination and treatment, payment, financial settlement of prices for medical services covered by medical insurance.
Especially, if treatment time takes more than four hours, patients of the emergency department shall get insurance on daytime hospital bed, drug, and technical services in line with regulations without medical check-up fee. If treatment time takes less than four hours, patients of the emergency department shall get insurance on medical check-up fee, drug, and technical services without daytime hospital bed.
13. Beside the documents mentioned as above, other legal normative documents also come into effect as from October 2016, including:
- Decision No. 31/2016/QD-TTg dated 5 August 2016 of the Prime Minister providing criteria for ranks of national defense inspectors will take effect as from 10 October 2016.
- Decision No. 35/2016/QD-TTg dated 23 August 2016 of the Prime Minister providing for allowances for members of the Viet Nam Competition Council and competitors will take effect as from 10 October 2016;
- Decision No. 39/2016/QD-TTg dated 16 September 2016 of the Prime Minister annulling the Prime Minister’s Decision No. 67/2011/QD-TTg of December 12, 2011, promulgating the Regulation on unified management of external relation activities of provincial-level People’s Committees will take effect as from 31 October 2016;
- Circular No. 07/2016/TT-BTTTT dated 17 March 2016 of the Ministry of Information and Communications on promulgating “National Technical Regulation on lithium batteries for portable applications” took effect as from 1 October 2016;
- Circular No. 10/2016/TT-BTTTT dated 1 April 2016 of the Ministry of Information and Communications issuing “National Technical Regulation on the identifier structure and packet data format serving document management systems and operation” took effect as from 1 October 2016;
- Circular No. 131/2016/TT-BTC dated 15 August 2016 of the Ministry of Finance providing for the rates and regime of collection, remittance, management and use of road tolls at the Ban Thach toll booth (at Km 1298+150) on national highway 1 took effect as from 1 October 2016;
- Circular No. 20/2016/TT-BGTVT dated 20 July 2016 of the Ministry of Transport amending and supplementing some article of Circular No. 66/2014/TT-BGTVT dated 12 November 2014 of the Ministry of Transport providing for the passenger, luggage and consignment transport by passenger high speed craft between ports, landing stages and waters of Vietnam internal waters and across border took effect as from 1 October 2016;
- Circular No. 141/2016/TT-BTC dated 21 September 2016 of the Ministry of Finance amending Circular No. 172/2015/TT-BTC dated 9 November 2016 and Circular No. 173/2015/TT-BTC dated 9 November 2016 of the Ministry of Finance on road use fee took effect as from 1 October 2016;
- Circular No. 16/2016/TT-BCT dated 19 August 2016 of the Ministry of Industry and Trade on application of import tariff-rate quotas for unmanufactured tobacco and poultry eggs originated from member states of Eurasian Economic Union in 2016 took effect as from 5 October 2016;
- Circular No. 21/2016/TT-BCT dated 20 September 2016 of the Ministry of Industry and Trade on providing for the implementation of Rules of origin provided for in the Free Trade Agreement between Vietnam and Eurasian Economic Union took effect as from 5 October 2016;
- Circular No. 21/2016/TT-BCT dated 20 September 2016 of the Ministry of Industry and Trade on the implementation of the Rules of Origin in the Free Trade Agreement between Vietnam and the Eurasian Economic Union will take effect as from 5 October 2016;
- Circular No. 19/2016/TT-BTNMT dated 24 August 2016 of the Ministry of Natural Resources and Environment on environment protection report will take effect as from 10 October 2016;
- Decision No. 04/2016/QD-KTNN dated 29 August 2016 of the State Audit issuing the Code of Ethics for state auditors shall take effect as from 13 October 2016;
- Circular No. 20/2016/TT-BTTTT dated 31August 2016 of the Ministry of Information and Communications guiding the implementation of the Prime Minister’s Decision No. 45/2015/QD-TTg of 24 September 2015, on provision of public-utility postal services and public-utility services in newspaper distribution will take effect as from 15 October 2016;
- Circular No. 21/2016/TT-BGTVT dated 25 August 2016 of the Ministry of Transport Construction providing for legal document development, promulgation and consolidation, administrative procedure management, legal document examination, legal document review and systematization and law implementation in the transport sector shall take effect as from 15 October 2016;
- Circular No. 17/2016/BKHCN dated 1 September 2016 of the Ministry of Science and Technology providing for governing the implementation of the Program of conservation and sustainable use of genetic resources by 2025 and towards 2030 shall take effect as from 15 October 2016;
- Circular No. 26/2016/TT-BLDTBXH dated 1 September 2016 of the Ministry of Labour - Invalids and Social Affairs on guiding the implementation of regulations on employment, wages, remuneration and bonuses for single-member limited liability companies, in which the State holds 100% of charter capital, shall take effect as from 15 October 2016;
- Circular No. 27/2016/TT-BLDTBXH dated 1 September 2016 of the Ministry of Labour - Invalids and Social Affairs on guiding the implementation of regulations on employment, wages, remuneration and bonuses for managers of single-member limited liability companies, in which the State holds 100% of charter capital, shall take effect as from 15 October 2016;
- Circular No. 28/2016/TT-BLDTBXH dated 1 September 2016 of the Ministry of Labour - Invalids and Social Affairs on guiding the implementation of regulations on employment, wages, remuneration and bonuses for company involving State elements shall take effect as from 15 October 2016;
- Circular No. 25/2016/TT-BXD dated 9 September 2016 of the Ministry of Construction promulgating the list and HS codes of asbestos in the amphibole group banned from import will take effect as from 22 October 2016.
- Circular No. 26/2016/TT-NHNN dated 12 September 2016 of the State Bank of Vietnam prescribing the supervision, examination and inspection of the National Banknote Printing Plant will take effect as from 24 October 2016./.
New legal documents come into effect as from October 2016
10/10/2016
There are a range of legal documents issued by the Government, the Prime Minister, ministries and ministerial level agencies taking effect as from October 2016, as follows:
1. Decree No. 119/2016/ND-CP dated 23 August 2016 of the Government providing for policies on sustainable management, protection and development of coastal forests to cope with climate change will take effect as from 10 October 2016.
Accordingly, the Decree stipulates coastal forest management, the State investment policies, encouragement activities for social investment, rights and responsibility of organizations, businesses, households and individuals and forecasts on investment on coastal forest management, protection and management.
2. Decree No. 121/2016/ND-CP dated 24 August 2016 of the Government on pilot implementation of labor and wage management for Vietel Corporation in the 2016-2020 phase will take effect as from 10 October 2016.
3. Decree No. 123/2016/ND-CP dated 1 September 2016 of the Government defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies shall take effect as from 15 October 2016.
4. Decree No. 136/2016/ND-CP dated 9 September 2016 of the Government amending a number of articles of the Government’s Decree No. 221/2013/ND-CP of 30 December 2013, prescribing the application of the administrative handling measure of consignment to compulsory detoxification establishments Government, shall take effect as from 30 October 2016.
The Decree underlines responsibilities of ministers for all activities within their ministries and clearly defines functions, tasks, and powers of ministries and ministerial-level agencies to avoid overlapping and missing tasks.
5. Decree No. 137/2016/ND-CP dated 29 September 2016 of the Government on preferential import tariff of Vietnam to implement the Free Trade Agreement between the State of Vietnam and the member-states of Asia – Europe Economic Union for the 2016-2018 phase took effect as from 5 October 2016.
6. Decision No. 33/2016/QD-TTg dated 19 August 2016 of the Prime Minister on promulgation of the statute on provision and use of e-customs declaration information shall take effect as from 15 October 2016.
The Decree provides for the provision and use of e-customs declaration information to carry out procedures for taxation, certification of commodity origin, payment made at banks and other administrative procedures, and serve as evidence to show the legality of commodities sold in the market. This Statute applies to information provider that is the General Department of Vietnam Customs and information users that are:
a) Regulatory bodies that use e-customs declaration information to carry out procedures for taxation, issuance of certificates of origin, and other administrative procedures, and check the legality of commodities sold in the market;
b) Credit institutions that use e-customs declaration information to carry out procedures for taxation and payment made at banks;
c) Organizations issuing certificates of origin under the authorization of Ministry of Industry and Trade.
Contents of provided information basically include declaration number, type's code, customs agency, date of registration of customs declaration, code of importer/ exporter, status of customs declaration, quantity of goods, description of goods, HS code, amounts of taxes paid, ect.
7. Circular No. 11/2016/TT-BKHDT dated 26 July 2016 of the Ministry of Planning and Investment on guidance on bidding documents for engineering-procurement of goods-construction (EPC) took effect as from 1 October 2016.
This Circular provides for guidance on making bidding documents for engineering (E), procurement of goods (P) and construction (C) (EPC) applicable to work packages of projects which are prescribed in Article 1 of the Law on bidding are complicated, require high technology and strictly comply with the consistency from the design to procurement of equipment phase, construction, training, technology transfers, warranty, and long-term maintenance.
The EPC form shall not be applied in the case where it is impossible to divide the package into smaller packages including engineering (E), procurement of goods (P), and construction (C) or including engineering and procurement of goods (EP) and construction (C) so as to enable domestic enterprises to participate in bidding and carry out the package.
The bidding documents’ forms issued together with this Circular shall be applied to open tender, international selective tendering according to single stage-two envelope bidding procedure.
8. Circular No. 132/2016/TT-BTC dated 18 August 2016 of the Ministry of Finance instructions on estimates, management, use and settlement of expenditures on preparation and organization of seventh Ayeyawady-Chao Phraya-Mekong economic cooperation strategy (ACMECS) summit, eighth Cambodia – Laos – Myanmar – Vietnam (CLMV) summit and world economic Forum-Mekong Conference (Wef-Mekong Conference) in Vietnam.
This Circular took effect since 3 October 2016 and shall be applicable to the preparation and organization of activities within the framework of ACMECS, CLMV and WEF-Mekong Conference in Vietnam.
9. Circular No. 20/2016/TT-BTNMT dated 25/8/2016 of the Ministry of Natural Resources and Environment regulating regulations on construction, exploitation and use of database resources on marine and island environment will take effect as from 10 October 2016.
Accordingly, there are three forms of exploitation and use of database resources on marine and island environment, such as specialized networks; electronic portals or electronic portals of database management agencies, contract form or via request form or a written request for the data provider.
The exploitation and use of database resources on marine and island environment ensure timely service of the state administration; satisfy the requirements of socio-economic development and ensure national defense and security.
The list of data resources on marine and island environment is published in the mass media, electronic portals or electronic portals of ministries, ministerial-level agencies and provinces.
10. Circular No. 130/2016/TT-BQP dated 10 September 2016 of the Ministry of National Defense adjusting monthly subsidy levels for military-men working in crytopgraphy will come into effect as from 25 October 2016.
According to the Circular, the monthly allowance subsidy shall vary from VND 1,535,000 to VND 1,812,000 for those who served 15 to 20 years for the army's crytopgraphy division, respectively.
11. Circular No. 138/2016/TT-BQP dated 12 September 2016 of the Ministry of National Defense on military coaches and athletes shall come into effect as from 27 October 2016.
Accordingly, national sports athletes win gold medals will be awarded higher bonuses, including VND 75 million for world-class sports games; VND 50 million for Asian ones; VND 25 million for regional ones.
12. Joint Circular No. 37/2015/TTLT-BYT-BTC dated 29 October 2015 of the Ministry of Health and the Ministry of Finance on unifying prices for medical examination and treatment services covered by medical insurance among hospitals and the same level across the country shall come into effect as from 1 October 2016.
This Joint Circular applies to medical facilities, units, organizations and individuals that engage in medical examination and treatment, payment, financial settlement of prices for medical services covered by medical insurance.
Especially, if treatment time takes more than four hours, patients of the emergency department shall get insurance on daytime hospital bed, drug, and technical services in line with regulations without medical check-up fee. If treatment time takes less than four hours, patients of the emergency department shall get insurance on medical check-up fee, drug, and technical services without daytime hospital bed.
13. Beside the documents mentioned as above, other legal normative documents also come into effect as from October 2016, including:
- Decision No. 31/2016/QD-TTg dated 5 August 2016 of the Prime Minister providing criteria for ranks of national defense inspectors will take effect as from 10 October 2016.
- Decision No. 35/2016/QD-TTg dated 23 August 2016 of the Prime Minister providing for allowances for members of the Viet Nam Competition Council and competitors will take effect as from 10 October 2016;
- Decision No. 39/2016/QD-TTg dated 16 September 2016 of the Prime Minister annulling the Prime Minister’s Decision No. 67/2011/QD-TTg of December 12, 2011, promulgating the Regulation on unified management of external relation activities of provincial-level People’s Committees will take effect as from 31 October 2016;
- Circular No. 07/2016/TT-BTTTT dated 17 March 2016 of the Ministry of Information and Communications on promulgating “National Technical Regulation on lithium batteries for portable applications” took effect as from 1 October 2016;
- Circular No. 10/2016/TT-BTTTT dated 1 April 2016 of the Ministry of Information and Communications issuing “National Technical Regulation on the identifier structure and packet data format serving document management systems and operation” took effect as from 1 October 2016;
- Circular No. 131/2016/TT-BTC dated 15 August 2016 of the Ministry of Finance providing for the rates and regime of collection, remittance, management and use of road tolls at the Ban Thach toll booth (at Km 1298+150) on national highway 1 took effect as from 1 October 2016;
- Circular No. 20/2016/TT-BGTVT dated 20 July 2016 of the Ministry of Transport amending and supplementing some article of Circular No. 66/2014/TT-BGTVT dated 12 November 2014 of the Ministry of Transport providing for the passenger, luggage and consignment transport by passenger high speed craft between ports, landing stages and waters of Vietnam internal waters and across border took effect as from 1 October 2016;
- Circular No. 141/2016/TT-BTC dated 21 September 2016 of the Ministry of Finance amending Circular No. 172/2015/TT-BTC dated 9 November 2016 and Circular No. 173/2015/TT-BTC dated 9 November 2016 of the Ministry of Finance on road use fee took effect as from 1 October 2016;
- Circular No. 16/2016/TT-BCT dated 19 August 2016 of the Ministry of Industry and Trade on application of import tariff-rate quotas for unmanufactured tobacco and poultry eggs originated from member states of Eurasian Economic Union in 2016 took effect as from 5 October 2016;
- Circular No. 21/2016/TT-BCT dated 20 September 2016 of the Ministry of Industry and Trade on providing for the implementation of Rules of origin provided for in the Free Trade Agreement between Vietnam and Eurasian Economic Union took effect as from 5 October 2016;
- Circular No. 21/2016/TT-BCT dated 20 September 2016 of the Ministry of Industry and Trade on the implementation of the Rules of Origin in the Free Trade Agreement between Vietnam and the Eurasian Economic Union will take effect as from 5 October 2016;
- Circular No. 19/2016/TT-BTNMT dated 24 August 2016 of the Ministry of Natural Resources and Environment on environment protection report will take effect as from 10 October 2016;
- Decision No. 04/2016/QD-KTNN dated 29 August 2016 of the State Audit issuing the Code of Ethics for state auditors shall take effect as from 13 October 2016;
- Circular No. 20/2016/TT-BTTTT dated 31August 2016 of the Ministry of Information and Communications guiding the implementation of the Prime Minister’s Decision No. 45/2015/QD-TTg of 24 September 2015, on provision of public-utility postal services and public-utility services in newspaper distribution will take effect as from 15 October 2016;
- Circular No. 21/2016/TT-BGTVT dated 25 August 2016 of the Ministry of Transport Construction providing for legal document development, promulgation and consolidation, administrative procedure management, legal document examination, legal document review and systematization and law implementation in the transport sector shall take effect as from 15 October 2016;
- Circular No. 17/2016/BKHCN dated 1 September 2016 of the Ministry of Science and Technology providing for governing the implementation of the Program of conservation and sustainable use of genetic resources by 2025 and towards 2030 shall take effect as from 15 October 2016;
- Circular No. 26/2016/TT-BLDTBXH dated 1 September 2016 of the Ministry of Labour - Invalids and Social Affairs on guiding the implementation of regulations on employment, wages, remuneration and bonuses for single-member limited liability companies, in which the State holds 100% of charter capital, shall take effect as from 15 October 2016;
- Circular No. 27/2016/TT-BLDTBXH dated 1 September 2016 of the Ministry of Labour - Invalids and Social Affairs on guiding the implementation of regulations on employment, wages, remuneration and bonuses for managers of single-member limited liability companies, in which the State holds 100% of charter capital, shall take effect as from 15 October 2016;
- Circular No. 28/2016/TT-BLDTBXH dated 1 September 2016 of the Ministry of Labour - Invalids and Social Affairs on guiding the implementation of regulations on employment, wages, remuneration and bonuses for company involving State elements shall take effect as from 15 October 2016;
- Circular No. 25/2016/TT-BXD dated 9 September 2016 of the Ministry of Construction promulgating the list and HS codes of asbestos in the amphibole group banned from import will take effect as from 22 October 2016.
- Circular No. 26/2016/TT-NHNN dated 12 September 2016 of the State Bank of Vietnam prescribing the supervision, examination and inspection of the National Banknote Printing Plant will take effect as from 24 October 2016./.