Quỳnh Như
THƯ VIỆN PHÁP LUẬT would like to introduce several regulations on enterprises, import and export following the notice “Regulations on education coming into force from the beginning of October, 2018”, comprising of:
5. Amendments to regulations on enterprise registration
The Government has promulgated a Decree No. 108/2018/ND-CP on amendments to the Decree No. 78/2015/ND-CP on enterprise registration. The following are several noticeable contents:
- The enterprise is not required to append a seal on the application form for enterprise registration, notification of changes of enterprise registration, resolutions, decisions and minutes of meeting included in the application for enterprise registration;
- The enterprise may register conversion of the enterprise type at the same time it registers changes of enterprise registration contents or notifies changes in other enterprise registration information, except registration of change of its legal representative;
- Regulations on registration of establishment of an enterprise by conversion from a household business are supplemented;
- The enterprise may establish business locations outside the province or central-affiliated city where its head office or branch is located.
This Decree is coming into force from October 10, 2018.
6. Cases where license to export rice is exempted
According to the Decree No. 107/2018/ND-CP (which is coming into force from October 01, 2018), exporters that export organic rice, parboiled rice and/or rice fortified with micronutrients:
- Are not required to meet business requirements;
- Are allowed to export these rice products without obtaining the certificate of eligibility for business;
- Are not required to meet rice reserve requirements.
When carrying out customs procedures, exporters of these rice products are required to submit one of the following documents to customs agencies:
The original or certified copy of the written certification given by a competent authority or an authorized organization or the certificate of inspection of quality of exported rice issued by an inspection agency to certify that the exported rice is conformable with relevant determination criteria and/or approaches.
7. Power to inspect animal feeds and aqua feeds before customs clearance
This is the main content of the Decision No. 3346/QD-BNN-TCCB promulgated on August 23, 2018.
According to this Decision, the power to conduct specialized inspections of certain imported products under the state management of the Ministry of Agriculture and Rural Development before customs clearance is regulated as follows:
- Plant-derived animal feeds and aqua feeds are quarantined and inspected by the Plant Protection Department;
- Animal-derived animal feeds and aqua feeds are quarantined and inspected by the Department of Animal Health;
- Cocoons and insects are quarantined by the Plant Protection Department.
The Decision No. 3346/QD-BNN-TCCB is coming into force from October 01, 2018.
8. Simplification of procedures for issuing certificate of satisfaction of environmental protection requirements in import of scrap and waste products
The Ministry of Natural Resources and Environment has promulgated the Circular No. 03/2018/TT-BTNMT on August 14, 2018 providing amendments to regulations on administrative procedures regarding specialized inspections within its state management.
According to this Circular, certain regulations of the Circular No. 41/2015/TT-BTNMT are amended in a manner that simplifies procedures for issuing the certificate of satisfaction of environmental protection requirements in import of scrap and waste products. To be specific:
- Components of the application for the certificate are reduced;
- The quantity of each document included in the application is reduced;
- The application is submitted through the national single-window portal;
In case specialized processing systems are not available to serve the submission of application through the national single-window portal or ASEAN single-window system, the application may be submitted directly or by post.
- The validity of the certificate is changed from 02 years to 03 years from the date of issue.
The Circular No.03/2018/TT-BTNMT comes into force from October 01, 2018.
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