Headlines 08/01/2019 08:28 SA

14 remarkable Circulars coming into force from January 01, 2019

Ngọc Duy

THƯ VIỆN PHÁP LUẬT would like to introduce remarkable Circulars that come into force from January 01, 2019:

1. Incentive policies on credit intended for the elderly from 2019

This is a remarkable content of Circular No.96/2018/TT-BTC on longevity wishing ceremony, credit incentives, commendation and rewards given to the elderly.

According to the Circular, the elderly who are directly involved in business operation to increase their income and reduce poverty shall be entitled to credit incentives as follows:

- In case of the poor or the elderly subject to other policies under local regulations, funding sources for concessional loans shall be allocated from local government budget as prescribed in Circular No.11/2017/TT-BTC dated February 08, 2017.

Loan amount, term, interest rates and loan application procedures and guarantee of loans (if any) shall comply with regulations issued by provincial People’s Committees on management and use of local government budget distributed through the Bank for Social Policies;

- In case the elderly are borrowers of national fund for employment, the funding sources for loans shall be allocated from the national fund for employment according to annual local plan.

Rules, loan amount, term, interest rates, conditions for loan guarantee and loan application procedure shall comply with regulations in Chapter V of Decree No.61/2015/ND-CP dated July 09, 2015.

2. Charge for issuing sea dumping license is VND 22.5 million/license

This is a content of Circular No.105/2018/TT-BTC on amounts, collection and payment of charges for issuing sea dumping licenses.

According to the Circular, amounts of charges for issuing, re-issuing, renewing and amending the sea dumping license of organizations and individuals shall be specified as follows:

- For license issuance: VND 22.5 million/license;

- For license re-issuance: VND 7 million/license;

- For license renewal: VND17.5 million/license;

- For license amendment: VND 12.5 million/license;

Payers of charges shall pay the charge directly to the charge collectors or submit such charge into the account of the charge collectors opened at the State Treasury when granted a sea dumping license.

3. Post-immunization fever of more than 39 degrees Celsius in baby is required hospitalization

This is a content of Circular No.34/2018/TT-BYT providing for guidelines on implementation of Decree No.104/2016/ND-CP on vaccination.

According to the Circular, vaccinated persons must be watched for at least 30 minutes at the vaccination center after vaccination and instructions shall be given to the family members or the person taking vaccination to:

- continue to keep a watch on physical and mental conditions, eating habit, sleep, breath, hives and symptoms experienced by the vaccinated person for at least 24 hours after vaccination and inform the medical worker if any abnormal sign is found;

- take the vaccinated to the hospital or medical facilities if after taking vaccination, the person experiences one of the following symptoms: 

+ High fever (≥ 39 degrees Celsius), convulsion, wail, prolonged fussing, poor milk-drinking, milk-drinking quitting, breathing difficulties, cyanosis, hives and other abnormal signs;

+ Normal reaction lasting for 24 hours after vaccination.

In addition, Circular No.34 specifies that vaccination shall be given to no more than 50 persons at each vaccination center per vaccination session; if the vaccination center provides only one type of vaccine, such vaccine shall be given to no more than 100 persons/vaccination session.

4. Self-inspection of compliance with the labor law performed by enterprises

This is a remarkable content of Circular No.17/2018/TT-BLDTBXH providing for self-inspection of the labor law performed by enterprises.

According to the Circular, the employer must conduct self-inspection of compliance with the labor law performed in his/her facility at least once a year in order to evaluate the compliance with the labor law and work out methods for enhancement of law compliance.

Activities subject to self-inspection include:

- Periodic reporting;

- Employee recruitment and training;

- Signing and execution of labor contracts;

- Working hours, rest hours and payment to employees;

- Other necessary activities.

Time for self-inspection shall be decided by the employer and the self-inspection period is from the first date of January in the previous year to the inspection date.

5. Patients eligible to receive free medicines

According to Circular No.31/2018/TT-BYT patients with or without health insurance cards will be wholly or partially provided with free medicines if they:

- are subject to the program on free medicine provision;

- are diagnosed with diseases within the scope of the free medicine provision program;

- are given sufficient information and advice;

- consent or willing to participate in the free medicine provision program according to the form provided in Appendix 1 issued together with this Circular. 

6. Facilities producing or trading aqua products not eligible to be issued with certificates of eligibility for food safety

According to Circular No.17/2018/TT-BNNPTNT facilities producing or trading agro-aqua-forestry products not eligible to be issued with a certificate of eligibility for food safety include:

- Small-scale initial producing facilities;

- Facilities producing or trading products without any fixed business location, except for fishing boats whose the maximum length is at least 15m;

- Small-scale processing facilities;

- Small-scale food trading facilities;

- Packaged food product trading facilities

The aforesaid facilities are required to sign the agreement on production of and trading in food products meeting safety requirements whose form is provided in Appendix I issued together with this Circular once every 3 years.

7. Changes in applications for certificates of eligibility for food safety

According to Circular No.43/2018/TT-BCT the application for certificate of eligibility for food safety shall be changed as follows:

- Business registration certificate/enterprise registration certificate/certificate of investment in food product manufacturing or trading is not required in case of:

+ Application for initial certificate;

+ Application for re-issuance of the certificate due to changes in business location or amendments to production procedures or when the certificate expires;

- Documents proving changes are not required in case of application for re-issuance of the certificate due to changes in facility owner but not in name, address, location and the whole production process of such facility.

However, the facility must provide the following additional documents:

- Certificate of health of facility owner granted by a district-level medical facility or higher;

- Certificate of training in food safety/certificate of food safety of the facility owner.

8. Order of priority of free anti-HIV drug provision

This is a remarkable content of Circular No.28/2018/TT-BYT on management of HIV-infected patients and persons exposed to HIV in medical facilities.

According to the Circular, free anti-HIV drugs sponsored by domestic and overseas entities shall be provided for HIV-infected patients in the following order of priority:

- Cases specified in Point a, b and c Clause 3 Article 39 of the Law on HIV/AIDS Prevention and Control;

- HIV-infected patients in jail, custody, compulsory educational institutions and correctional institutions;

- Other HIV-infected patients

Where, the following persons shall be guaranteed by state budget for free anti-HIV drugs:

- Persons exposed to HIV, patients infected with HIV due to occupational accidents or medical technique risks;

- HIV-infected women during pregnancy and pregnant women required prevention of mother-to-child transmission of HIV;

- Children under 6 years old infected with HIV and children required prevention of mother-to-child transmission of HIV.

9. Continue to limit content of formaldehyde in textile products

Circular No.21/2017/TT-BCT on National technical regulation on contents of formaldehyde and certain aromatic amines derived from azo colourants in textile products has its effective date changed to January 01, 2019.

And Circular No.20/2018/TT-BCT which provides for amendments to Appendix I -"The list of textile products regulated by the technical regulations” which is issued together with Technical regulation QCVN No.01/2017/BCT in Circular No.21 is issued by the Ministry of Industry and Trade on August 15, 2018.

According to the Circular, products of heading 9619 “Sanitary towels (pads) and tampons, napkins and napkin liners for babies and similar articles, of any material" are no longer regulated by the aforesaid technical regulations.

There is no change in the limit on content of formaldehyde in textile products.

10. A number of policies concerning import and export

Circular No.44/2018/TT-BCT of the Ministry of Industry and Trade dated November 15, 2018 provides for suspension of temporary import for re-export of round timber and sawn timber from natural forests of Laos and Cambodia. Accordingly,

Temporary import of round timber and sawn timber from natural forests of Laos and Cambodia of heading 44.03 and 44.07 according to the Vietnam’s nomenclature of imports and exports, which is issued together with Circular No.65/2017/TT-BTC for re-export to third countries are suspended.

Circular No.54/2018/TT-BGTVT dated November 14, 2018 provides for the charge bracket for pilotage, wharf, dock and mooring buoy utilization, container handling and towage services at Vietnamese seaports.

According to the Circular, the charge bracket mentioned above is reduced compared to the previous one specified in Decisions No.3863/QD-BGTVT and No.3946/QD-BGTVT in 2016.

11. Unifying regulations on operation of competitive electricity wholesale market

This is a remarkable content of Circular No.45/2018/TT-BCT providing for operation of competitive electricity wholesale market and amending Circular No.56/2014/TT-BCT which deals with methods for determination of electricity generation costs and procedures for inspection of power purchase agreements.

According to the Circular, management of power wholesale in competitive electricity market is specified in one document in a consistent manner and the following 3 documents will be annulled:

- Circular No.27/2009/TT-BCT dated September 25, 2009 providing for power metering in competitive electricity generation market;

- Circular No.18/2012/TT-BCT dated June 29, 2012 on supervision of competitive electricity generation market;

- Circular No.28/2018/TT-BCT dated September 27, 2018 on operation of competitive electricity generation market.

12. Promulgating technical regulations on safety of mini-cylinders for Liquefied Petroleum Gas (LPG)

Circular No.29/2017/TT-BCT of the Ministry of Industry and Trade dated December 20, 2017 provides for National technical regulations on safety of mini-cylinders for LPG. Accordingly,

The shelf life of mini-sized LPG cylinders shall be specified as follows:

- In case of mini-sized LPG cylinders for a single filling: filling the gases once and only.

- In case of mini-sized LPG cylinders for refilling: 10 years for the cylinder body and 2 for the valve.

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