Headlines 26/10/2019 14:48 CH

All Circulars coming into force from the end of October, 2019

Kiều Nga

THƯ VIỆN PHÁP LUẬT would like to introduce the most notable Circulars which are coming into force from October 21 - 31, 2019, including:

1. Amendments to Circular No. 38 regarding determination of origin of imports and exports

This notable content is introduced in the Circular No. 62/2019/TT-BTC providing amendments to the Circular No. 38/2018/TT-BTC prescribing determination of origin of imports and exports.

According to this Circular, some articles of the Circular No. 38 have been amended and supplemented, including:

- Point b Clause 4 Article 4 prescribing cases of failure to present proof of origin of goods to customs authorities;

- Point h Clause 6 Article 15 prescribing HS code differences between the statements made in the proof of origin and those made in the customs declaration of imported goods;

- Addition of Point d to Clause 1 Article 22 prescribed cases where the proof of origin is rejected;

Further details are available in the Circular 62/2019/TT-BTC which is coming into force from October 21, 2019.

2. Standards for Directors of Provincial Departments of Education & Training

The Circular No. 13/2019/TT-BGDDT prescribing standards for Directors and Deputy Directors of Provincial Departments of Education & Training is coming into force from October 24, 2019.

According to this Circular, Director of a Provincial Department of Education & Training is required to meet the following standards:

- He/she must meet general standards laid down in Article 3 of this Circular.

- He/she must have a bachelor’s degree in pedagogy or a bachelor’s degree in other major and a certificate of completion of pedagogical training course (thus, the current regulation that holders of master's degree or PhD degree are given priority is no longer valid).

- He/she has held the position of Deputy Director of Provincial Department of Education & Training or another equivalent or higher position.

- His/her name is on the list of persons to be trained for holding the position of Directors of Provincial Departments of Education & Training or equivalent positions.

3. Ideological and political standards for Directors of Provincial Departments of Culture, Sports & Tourism

According to the Circular No. 09/2019/TT-BVHTTDL on standards for Directors and Deputy Directors of Provincial Departments of Culture, Sports and Tourism, Provincial Departments of Culture and Sports, and Provincial Departments of Tourism, Director of a Provincial Department of Culture, Sports and Tourism is required to meet the following ideological and political standards:

- He/she must be faithful to the Communist Party, the Government, the Fatherland and Vietnamese people, persist in Marxism-Leninism and Ho Chi Minh Thought and insist on the goals and objectives of national independence and socialism as well as renovation policies of the Communist Party.

- He/she must have patriotic spirit, subordinate his/her personal interests to the interests of the Communist Party, the Government, Vietnamese people and communities; take on assignment by superiors and well perform all assigned tasks.

- He/she must keep firm and steady political standpoints, skill and spirit, etc.

The Circular No. 09 is coming into force from October 25, 2019.

4. Requirements to be satisfied when holding meeting to appraise applications for license to access genetic resources

This content is introduced in the Circular No. 15/2019/TT-BTNMT on organization and operation of appraisal council in charge of appraising applications for license to access genetic resources for commercial purposes and development of commercial products.

According to this Circular, in order to convene a meeting of the appraisal council to appraise applications for license to access genetic resources for commercial purposes, the following requirements must be satisfied:

- The meeting must be chaired by the appraisal council’s president or deputy president with the president’s authorization.

In case the secretary is absent with legitimate reasons, the chairperson of the meeting shall assign a council's member to perform the secretary's duties at the meeting and hand over working results to the secretary.

- The meeting must be held with the participation of at least 2/3 of total members of the appraisal council as specified in its establishment decision and at least 01 reviewer.

- The applicant’s competent representative or his/her authorized person must attend the meeting.

The Circular No. 15 is coming into force from October 28, 2019.

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