THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
30/2000/ND-CP
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Hanoi,
August 11, 2000
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DECREE
ON ANNULLING A NUMBER OF PERMITS AND CONVERTING SOME OTHERS
INTO BUSINESS CONDITIONS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Enterprises Law No.13/1999/QH10 of June 12, 1999;
In order to create favorable conditions for enterprises’ operations and at the
same time to raise the effectiveness of State management over enterprises;
At the proposal of the Minister of Planning and Investment,
DECREES:
Article 1.-
1. To annul business
permits, certificates of business eligibility, practice licenses, practice
certificates and permits/licenses in other forms (hereinafter referred
collectively to as permits), which are defined in List I (permits to be
annulled) belonging to the Lists of permits to be annulled and permits to be
converted into business conditions, issued together with this Decree.
2. To annul the permits defined in List II
(permits to be converted into business conditions) belonging the Lists of
permits to be annulled and permits to be converted into business conditions,
issued together with this Decree. To turn the above-mentioned permit granting
into the prescribed business conditions without permits.
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1. The ministries, the
ministerial-level agencies and the agencies attached to the Government shall
have to complete the following tasks before October 1st, 2000:
a/ To sum up and announce lists of conditional
business lines and trades prescribed by laws, ordinances or decrees in the
domains under their respective State management jurisdiction; and promulgate
business conditions corresponding to those lines and trades;
b/ To announce lists of permits continued to be
maintained as prescribed by laws, ordinances or decrees in the domains under
their respective State management jurisdiction; and issue regulations on the
procedures, conditions, permit-issuing agencies and effective time-limit for
each type of permit.
2. In case of necessity, the ministries and
agencies may propose amendments and/or supplements to the relevant laws,
ordinances and/or decrees in order to make them compatible to the provisions of
the Enterprises Law.
Article 3.- This Decree
takes effect 15 days after its promulgation.
Article 4.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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LIST
OF PERMITS TO BE ANNULLED, PERMITS TO BE CONVERTED INTO
BUSINESS CONDITIONS
(Issued
together with the Government’s Decree No.30/2000/ND-CP of August 11, 2000)
List I.
PERMITS TO BE ANNULLED
I. LAND ADMINISTRATION-
HOUSING AND LAND
1. Permits on house leasing to foreigners,
stipulated in the Government’s Decree No.56/CP of September 18, 1995
promulgating the Regulation on Leasing Houses in Vietnam to Foreigners and
Overseas Vietnamese.
II. COMMUNICATIONS AND
TRANSPORT
2. Communications and transport practice
licenses issued to cooperatives, stipulated in the Ministry of Communications
and Transport’s Circular No.323/TT-GTVT of October 3, 1997 which guides the
implementation of the Government’s Decree No.45/CP of April 29, 1997
promulgating the model Statute of Communications and Transport Cooperatives.
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3. Papers of registration of Vietnam Airlines’
ticket-selling offices, stipulated in Regulation No.913/CAAV of May 10, 1994 of
the Civil Aviation Administration of Vietnam on the management of the sale of
air transport vouchers in Vietnam.
IV. SCIENCE, TECHNOLOGY AND
ENVIRONMENT
4. Certificates of industrial property
representative service organizations, stipulated in the Government’s Decree
No.63/CP of October 24, 1996 detailing the Regulation on Industrial Property.
V. AGRICULTURE AND RURAL
DEVELOPMENT
5. Permits for domestic animal feed export,
stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the
management of animal feeds.
6. Certificates of registration of domestic
animal feed products, stipulated in the Government’s Decree No.86/CP of
December 8, 1995 on the assignment of State management responsibility for the
goods’ quality.
7. Permits for animal feed import (for the
common type), stipulated in the Government’s Decree No.15/CP of March 19, 1996
on the management of animal feeds.
8. Domestic animal feed production and business
practice licenses, stipulated in the Government’s Decree No.15/CP of March 19,
1996 on the management of animal feeds.
9. Permits for export of common-type plant
varieties, stipulated in the Government’s Decree No.07/CP of February 5, 1996
on the management of plant varieties.
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11. Certificates of the contractual standards
for bulky goods sale, stipulated in the Government’s Decree No.15/CP of March
19, 1996 on the management of animal feeds.
12. Veterinary service practice certificates
issued to organizations, stipulated in the Government’s Decree No.93/CP of November
27, 1993 guiding the implementation of the Ordinance on Veterinary Medicine.
13. Plant protection practice certificates,
stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the
implementation of the Ordinance on Plant Protection and Quarantine.
VI. FINANCE
14. Audit practice licenses, stipulated in the
Finance Ministry’s Circular No.04/1999/TT-BTC of January 12, 1999 guiding the
audit practice registration in independent auditing organizations.
VII. AQUATIC RESOURCES
15. Permits for aquatic animal feed production,
stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the
management of animal feeds.
16. Permits for aquatic animal feed trading,
stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the
management of animal feeds.
17. Permits for import of aquatic animal feeds
(for common type), stipulated in the Government’s Decree No.15/CP of March 19,
1996 on the management of animal feeds.
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19. Permits for import of aquatic veterinary
drugs and semi-finished drugs (for common type), stipulated in the Government’s
Decree No.93/CP of November 27, 1993 guiding the implementation of the
Ordinance on Veterinary.
20. Permits for import and/or export of live
aquatic breeds and animals (for common type), stipulated in the Government’s
Decree No.14/CP of March 19, 1996 on the management of domestic animal breeds.
21. Permits for the movement of exploitation
forces (destination), stipulated in the Aquatic Resources Minister’s Decision
No.682/QD-TS of September 11, 1993 on permits for movement to other fishing
grounds.
22. Certificates of temporary registration of
fishing ships, stipulated in the Aquatic Resources Minister’s Decision
No.413/QD-BVNL of April 1st, 1996 promulgating the Regulation on registration
of fishing ships and crew members.
VIII. CULTURE AND INFORMATION
23. Permits for the projection and screening of
films, video tapes and discs, stipulated in the Government’s Decree No.87/CP of
December 12, 1995 on enhancing the management of cultural activities and
cultural services and stepping up the fight against a number of serious social
evils.
24. Permits for the opening of music tape and
disc- shops, stipulated in the Government’s Decree No.87/CP of December 12,
1995 on enhancing the management of cultural activities and cultural services
and stepping up the fight against a number of serious social evils.
25. Silk-screen printing practice licenses,
stipulated in the Government’s Decree No.79/CP of November 6, 1993 detailing
the implementation of the Law on Publication.
26. Book and newspaper distribution permits for
book and newspaper retail and sale agency establishments, stipulated in the
Government’s Decree No.79/CP of November 6, 1993 detailing the implementation
of the Law on Publication.
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27. Certificates of eligibility for tourist
service business.
List II.
PERMITS TO BE CONVERTED INTO BUSINESS CONDITIONS
I. PUBLIC SECURITY
1. Certificates of safety eligibility for fire
prevention and fight (except for a small number of branches and trades subject to
strict requirements on fire prevention and fight such as the dealing in gas,
inflammable liquids, hotels, offices for rent, markets and 10-storied plus
trade centers, which must be granted the certificates by the competent
fire-fighting agencies before the operation commencement), stipulated in the
Government’s Decree No.17/CP of December 23, 1992 on the management of special
business lines.
II. INDUSTRY
2. Minerals exploration practice licenses,
stipulated in the Government�s
Decree No.68/CP of November 1st, 1996 detailing the implementation of the
Minerals Law.
III. COMMUNICATIONS AND
TRANSPORT
3. Sea-shipping practice licenses issued to
cooperatives, stipulated in the Communications and Transport Ministry’s
Circular No.323/TT-GTVT of October 3, 1997 which guides the implementation of
the Government’s Decree No.45/CP of April 29, 1997 promulgating the model
Statute of communications and transport cooperatives.
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IV. CIVIL AVIATION
5. Certificates of eligibility for the sale of
air transport vouchers (passenger tickets and aviation bills of lading),
stipulated in the Regulation No.913/CAAV of May 10, 1994 of the Civil Aviation
Administration of Vietnam on the management of the sale of air transport
vouchers in Vietnam.
V. AGRICULTURE AND RURAL
DEVELOPMENT
6. Plant varieties trading permits, stipulated
in the Government’s Decree No.07/CP of February 5, 1996 on the management of
plant varieties.
7. Varieties experiment permits, stipulated in
the Government’s Decree No.07/CP of February 5, 1996 on the management of plant
varieties.
8. Permits for the trial production of new varieties,
stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the
management of plant varieties.
9. Permits for the trial production of varieties
which have not been recognized, stipulated in the Government’s Decree No.07/CP
of February 5, 1996 on the management of plant varieties.
10. Plant varieties production permits,
stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the
management of plant varieties.
11. Papers of recognition of eligibility for
plant seed production, stipulated in the Government’s Decree No.07/CP of
February 5, 1996 on the management of plant varieties.
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13. Permits for the import of animal feeds,
stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the
management of animal feeds.
14. Permits for the production of domestic
animal breeds, stipulated in the Government’s Decree No.14/CP of March 19, 1996
on the management of domestic animal breeds.
15. Certificates of eligibility for slaughtering
cattle and poultry, stipulated in the Government’s Decree No.93/CP of November
27, 1993 guiding the implementation of the Ordinance on Veterinary.
16. Practice licenses on the plant protection
drugs, stipulated in the Government’s Decree No.92/CP of November 27, 1993
guiding the implementation of the Ordinance on Plant Protection and Quarantine.
17. Plant protection drug business permits,
stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the
implementation of the Ordinance on Plant Protection and Quarantine.
18. Permits for the production of plant
protection drugs, stipulated in the Government’s Decree No.92/CP of November
27, 1993 guiding the implementation of the Ordinance on Plant Protection and
Quarantine.
19. Permits for processing, bottling and
packaging plant protection drugs, stipulated in the Government’s Decree
No.92/CP of November 27, 1993 guiding the implementation of the Ordinance on
Plant Protection and Quarantine.
VI. AQUATIC RESOURCES
20. Permits for the trial production of new
breeds of aquatic animals, stipulated in the Government’s Decree No.15/CP of
March 19, 1996 on the management of animal feeds.
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22. Certificates of aquatic animal breed
production and business registration, stipulated in the Aquatic Resources
Minister’s Decision No.166-TS/QD of June 12, 1991 promulgating the Regulation
on the management of aquatic animal breeds.
23. Permits for the trial production of new
veterinary drugs for aquatic animals, stipulated in the Government’s Decree
No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on
Veterinary.
24. Certificates of business registration of
veterinary drugs for aquatic animals, stipulated in the Government’s Decree
No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on
Veterinary.
25. Certificates of food safety and hygiene
standards, stipulated in the Government’s Decree No.86/CP of December 8, 1995
on the assignment of State management responsibility for the goods’ quality.
VII. CULTURE AND INFORMATION
26. Permits for the setting up of establishments
for film, video tape and disc projection and screening, stipulated in the
Government’s Decree No.87/CP of December 12, 1995 on enhancing the management
of cultural activities and cultural services and stepping up the fight against
a number of serious social evils.
27. Paper of registration of organization of
professional art shows, stipulated in the Government’s Decree No.87/CP of
December 12, 1995 on strengthening the management of cultural activities and
cultural services and stepping up the fight against a number of serious social
evils.
28. Paper of registration of professional art
shows, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on
enhancing the management of cultural activities and cultural services and
stepping up the fight against a number of serious social evils.
29. Permits for music tape- and disc-
reproduction, stipulated in the Government’s Decree No.87/CP of December 12,
1995 on enhancing the management of cultural activities and cultural services
and stepping up the fight against a number of serious social evils.
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31. Copyright service provision permits,
stipulated in the Government’s Decree No.76/CP of November 29, 1996 guiding the
implementation of a number of provisions on copyright in the Civil Code.
VIII. HEALTH
32. Certificates of eligibility and conditions
for massage practice, stipulated in the Health Ministry’s Circular No.19/TT-BYT
of December 21, 1995 guiding the management of massage service.
33. Certificates of eligibility and conditions
for the production of edible salt, stipulated in the Government’s Decree
No.19/1999/ND-CP of April 10, 1999 on the production and supply of iodized salt
for human use.
IX. CONSTRUCTION
34. Paper of registration of construction
activities, stipulated in the Government’s Decree No.52/1999/ND-CP of July 8,
1999 promulgating the Investment and Construction Management Regulation.