Headlines 25/06/2018 16:41 CH

Policies coming into force at the end of June 2018

Phương Uyên

THƯ VIỆN PHÁP LUẬT introduces notable policies that come into force at the end of June 2018 (from 21st to 30th of June)

1. Public employees are not permitted to extend the time of administrative procedure processing

Decree No.61/2018/ND-CP on use of single-window system within a regulatory body and single-window system involving multiple regulatory bodies (hereinafter referred to as single-window system) in processing administrative procedure applications comes into force on June 21, 2018.

According to the Decree, offices and public employees in charge of providing guidelines, receiving and processing applications for administrative procedures and returning the results after processing such applications through the single-window system is not entitled to:

- reject the application or extent the time of processing or request for submission of additional documents inconsistent with provisions of laws;

- tyrannize, harass for brides or obstruct the organization or individual applying for administrative procedures;

- directly request such organization or individual to make any addition required not through the single-window system, unless otherwise prescribed in provisions of laws;

- reveal information in the application, confidential information or documents of such organization or individual or make use of such information and documents for personal interest; 

- act or communicate in a manner inconsistent with organizational culture regulations

2. Cases in which recalled traditional drugs are entitled to be re-exported

Circular No.13/2018/TT-BYT which comes into force on June 30, 2018 provides for quality of herbal ingredients and traditional drugs.

According to the Circular, traditional drugs that constitute third-degree violations may be reprocessed or re-exported if they are not falling in the following cases:

- Traditional drugs are recalled due to the first or second-degree violations;

- Traditional drugs are recalled due to third-degree violations and cannot be reprocessed upon consideration of the Ministry of Health in accordance with regulations in Clause 3 in Article 19 of this Circular;

- Traditional drugs are recalled due to third-degree violations and may be reprocessed or re-exported but it is unable to carry out the re-processing or re-export.

Determination of the first, second or third-degree violations can be found in Appendix II of this Circular.

3. Fines imposed on use of banned substances in animal husbandry and aquaculture

This is a new regulation in Decree No.64/2018/ND-CP which comes into force on June 22, 2018 specifies penalties for administrative violations in livestock breed, livestock and aquatic feed. According to the Decree:

- The use of banned substances in animal husbandry and aquaculture will have to face a fine of from VND 50 to 60 million if the seriousness of such violation is not liable for criminal prosecution;

- A fine of from VND 60 to 90 million will be imposed on:

+ the use of banned substances in production, processing, trading and export of livestock and aquatic feed in which total value of food products is less than VND 100 million;

+ illegal profit under VND 50 million;

- A fine of from VND 70 to 80 million will be imposed on the use of banned substances in animal husbandry and aquaculture if the seriousness of such violation is liable to criminal prosecution but the legal proceeding agency decides:

+ not to file a criminal charges;

+ to abolish the decision on filing criminal charges;

+ to suspend the investigation;

+ to suspend the case;

4. Reduction in charges in veterinary medicine and control of food safety and food quality

This is a remarkable regulation in Circular No.44/2018/TT-BTC which adjusts the regulation on fees and charges in veterinary medicine and appraisal of food safety and food quality control in agriculture, specifically as follows:

- The charge for issuance of Certificate of animal quarantine, terrestrial animal products, aquatic animals for import, transit or temporary import for re-export (including bonded warehouse) and border checkpoint transfer is VND 40.000/time (previously VND 70.000/time)

- The charge for issuance of physician’s certificate of veterinary medicine is reduced to VND 50.000/time (previously VND 100.000/time).

- The fee for appraisal of issuance of certificate for exported foods as required by importing country in case of requiring inspection and sampling conducted at the enterprise is reduced to VND 200.000/shipment (previously VND 350.000/shipment).

Other details can be found in Circular No.44/2018/TT-BTC which comes into force on June 22, 2018.

5. Circular No.43/2018/TT-BTC on elaboration of foundation and operation of the council for asset appraisal; orders and procedures for asset valuation prescribed in Criminal Procedure Code comes into force on June 25, 2018.

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