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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
25/NQ-CP
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Hanoi,
02 June 2010
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RESOLUTION
ON SIMPLIFYING 258 ADMINISTRATIVE PROCEDURES UNDER THE
MANAGEMENT AUTHORITIES OF MINISTRIES, AGENCIES
THE GOVERNMENT
Based on the Law on the
Organization of the Government dated December 25, 2001;
At request of Minister,
Chairman of the Office of the Government, Director of the Prime Minister’s Administrative
Procedure Reform Special Task Force,
RESOLVES:
Article 1.
Approving the simplification measures of 258 administrative procedures under
the management authorities of Ministries, agencies as attached.
Article 2.
Ministries, ministerial-level agencies, Government-attached agencies, under
their management authorities shall be responsible to develop documents for
revising, supplementing, replacing or repealing administrative procedures in
accordance with the simplification measures approved by the Government in this
Resolution.
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The development and promulgation
of legal normative documents implementing the simplification measures of 258
administrative procedures approved by the Government in this Resolution shall
follow the principle “one document amends all” and the shortened procedures as
stipulated in Chapter VIII of the 2008 Law on the Promulgation of Legal
Normative Documents.
Article 3.
For administrative procedures contained in the laws, ordinances that need to be
revised, supplemented, replaced or repealed as in the simplification measures
promulgated with this Resolution, Ministry of Justice shall take lead to
collect law and ordinance projects from Ministries, agencies to submit to the
Government for approval by 31 December 2010 under the principle “one law amends
all, one ordinance amends all”, applying the shortened procedures; except
otherwise considered and decided by the Prime Minister.
Assign Minister of Justice,
delegated by the Prime Minister to take behalf of the Government, to report by
30 October 2010 to the National Assembly Standing Committee on applying the
shortened procedures for supplementing law and ordinance projects for
implementing administrative procedure simplification measures approved by the
Government into the 2011 law and ordinance development programme.
Article 4.
Assign the Prime Minister’s Administrative Procedure Reform Special Task Force
to supervise the implementation of Ministries, agencies and to collect the
concerns of Ministries, agencies to timely report to the Prime Minister for
resolution in implementing the simplification measures approved by the
Government in this Resolution.
Article 5. This
Resolution takes effect from the signing date.
Ministers, Heads of
ministerial-level agencies, Heads of Government- attached agencies, Chairmen of
People’s Committees of cities and provinces under central management and
relevant bodies take responsibility to enforce this Resolution.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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THE PLAN
FOR SIMPLIFICATION OF 258 ADMINISTRATIVE PROCEDURES UNDER
THE MANAGEMENT FUNCTIONS OF MINISTRIES AND STATE AGENCIES
(Issued in conjunction with Resolution No. 25/ NQ-CP dated June 02, 2010 of
the Government)
I. THE PLAN
TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE
MANAGEMENT FUNCTIONS OF THE MINISTRY OF PUBLIC SECURITY
A. Contents
of simplification plan:
1. Group of approval
procedures for fire prevention and fire fighting (FPFF) includes:
+ Approval procedures for FPFF
at the headquarter of the FPFF Department of Ministry of Public Security
(B-BCA-002 592-TT)
+ Approval procedures for FPFF
in the Provincial Police agencies (B-BCA-002 426-TT).
- Reduce the number of dossiers
from 3 to 2 sets (one kept at the police office, the other kept by the
investor).
- Narrow the scope of
construction works that the police agencies have the duty to approve the design
related to FPFF in the following directions:
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+ The other construction works
are assigned to construction management agencies and investors to approve the
projects’ design and issue construction license (including design of FPFF
system), FPFF police agencies provide technical procedures, regulations and standards
on FPFF to each constructions work and project. In case of complicated
constructions works, the agency with the authority to issue license or the
agency to approve the project’s design will ask for opinion from the FPFF
police agencies in writing.
- Time for implementing
administrative procedures: Time for implementing administrative procedures is
shortened as follows:
+ Construction works in group A
(technical design): no more than 15 working days;
+ Construction works in groups
B,C (technical design): no more than 10 working days;
+ Planned projects construction
projects: no more than 10 working days;
+ Location acceptance: (approval
on the basic design of the construction work): no more than 5 working days of.
- Required conditions: Leave out
Section 1- Location of the construction must guarantee the safety space on FPFF
and Section 5- Transportation systems, parking area for fire fighting vehicles
must be in sufficient size and load; water supplement system are regulated at
the second condition (Article 14 of Chapter II of the Decree No.
35/2003/ND-CP).
2. Approval procedures for
APFF of vehicles which have special requirements on fire safety at the
headquarter of the FPFF Department-Ministry of Public Security (B-BCA-002
590-TT).
- Reduce the number of dossiers
from 3 to 2 sets (one kept at the fire police, the other kept by the owner of
the vehicle).
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3. Testing procedures of FPFF
vehicles at the headquarter of the FPFF Department-Ministry of Public Security
(B-BCA-002 594-TT).
- Specifying the time for
returning results from the time of accepting the qualified dossiers:
+ 10 to 15 days for facilities
and vehicles that can be tested right at the FPFF inspection Department.
+ 20 to 30 days for vehicles
which are sent for testing in other agencies.
- orms:
+ Remove unnecessary information
stated in the "Decision on the establishment of enterprises,"
"permanent residence",
"Bank Account Number."
+ Supply an English version of
the form.
+ Add to the last line of the
form: "a detailed list enclosed."
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+ Procedures for Issuance of
certificates on the matter of meeting FPFF qualifications at the FPFF police
department- Ministry of Public Security. (B- BCA- 002587-TT)
+ Procedures for Issuance of
certificates on the matter of meeting FPFF qualifications in the Provincial
Police (B-BCA-002 445-TT).
These procedures are abolished
in the following directions:
- For unit approved and taken
over the FPFF matters, before going into operation, the head of it must send an
official document guaranteeing that the unit meets all requirements and
conditions on FPFF as well as other documents used to prove these to be true to
FPFF police agencies.
- Specifying the responsibility
of the head of the unit in executing procedures and safety regulations on FPFF.
- Assigning to the Ministry of
Public Security the power to research, develop and promulgate:
+ Procedures, safety regulations
on FPFF to units with high risk fire and explosion; regulations on the
responsibility of police agencies to inspect units having come into operation;
+ FPFF safety procedures to
vehicles with special requirements on FPFF, regulations on the responsibility
of the traffic police and other forces in patrolling, controlling and handling
violations related to traffic safety order while on duty to combine the
inspection of the conformation of safety regulations on FPFF to vehicles with
special requirements on FPFF and strictly fine the violation cases.
+ Specifying the form of a
written notice of the owners on the matter of meeting the requirements and
conditions related to FPFF; documents that the owners have to hand over to FPFF
police agencies as evidence for these.
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The dossier includes:
+ Removing requirements to
submit reports by investors, owners of vehicles on the results of construction,
inspection, verification and testing of FPFF systems, equipment and structure;
+ Specifying the following
documents to be submitted in original version: The minutes of testing, the
checking and taking over of partial, complete items as well as FPFF systems,
complete construction drawings; process instruction documents to have the seal
and signature of the investor, owner of the vehicle, contractor and design
unit;
+ Specifying the following
documents to be submitted in copy version: Certificate of approval,
certification of testing equipment, FPFF facilities.
- Narrowing the approved works
to be suitable to the scope of the construction works that FPFF police agencies
have the authority to approve the FPFF design. Accordingly, the FPFF police
agencies only check and take over the approved projects with high risk of fire
and explosion, relating to security and national defense, large construction
works holding a great number of people. The others will be assigned to construction
management agencies and investor to check and take over (including matter
related to FPFF) in accordance with the technical procedures, regulations and
standards on FPFF applied to each cite or project issued by the Ministry of
Public Security.
- Amending the 4th condition
regulating “document of checking and taking over items, systems technical
facilities related to FPFF " to "document of checking and taking over
the completion of systems, facilities related to FPFF of the investors, the owners
of the vehicles with the contractors”.
6. The group of procedures
relating to the new issuance of registrations, number plates for vehicles
includes:
+ Procedures of new issuance of
registrations, number plates for vehicles in the Provincial police agencies
(B-BCA-096408-TT).
+ Procedures of new issuance of
registrations, number plates for vehicles in district police agencies
(B-BCA-096090-TT).
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+ Receipt for registration fee
(in case of paying registration fee);
+ Declaration form of paying
registration fee (in case of being exempted from paying registration fee).
- Declaration form of vehicle
registration:
Rearrange the content and
structure, declaration form is clearly divided into two parts as follows:
+ The declaration of the owner
of vehicles: leave out the information on size, width, height, capacity,
payload, cargo, weight, number of seats;
+ The handling of police agencies:
provide the information on vehicle frame number, engine number size, range,
high capacity, payload, cargo, weight pull, the number of seats
- Issuing vehicle registration
declaration form in both English and Vietnamese.
7. Procedures on inspection
of FPFF execution in the Provincial Police agency (B-BCA-002 434-TT).
This procedure is abolished
based on the assigning to the Ministry of Public Security to announce the
criteria and standards of FPFF works, the investors are responsible for works
in the construction process. The design of FPFF Works approved by police
agencies will be checked and taken over when the works are completed before
used.
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1. For the plan on
simplification of the administrative procedures relating to the amendment and
supplement of laws and ordinances:
a) The Ministry of Public
Security is assigned:
- To chair and coordinate with
the Ministry of Justice, Office of the Government and relevant ministries,
agencies to develop law related to the amendment, supplement, replacement or
repeal, abolishment of Law No. 27/2001/QH on June 29, 2001 on FPFF for
proceeding the contents of simplifying administrative procedures referred in
article 4, section A of Part I of the simplification plan accompanied by this
resolution before November 30, 2010 to send to the Ministry of Justice for
presenting to the Government for consideration and giving decision on the
presentation of Law Project.
- To chair and coordinate with
the Ministry of Justice, Office of the Government and relevant ministries,
agencies to develop Decree related to the amendment, supplement, replacement or
abolishment of Decree No. 35 / 2003/ND-CP April 4, 2003 of the Government
guiding the implementation of the Law on FPFF in order to proceed the
simplification of the administrative procedures referred in article 4, section
A of Part I of the simplification plan accompanied by this Decree before April
4, 2010 to present this to the Government for consideration and giving decision
to send this with the bill to the National Assembly.
- To chair and coordinate with
relevant ministries and agencies in developing draft circular on the amendment,
supplement, replacement or abolishment of the relevant regulations:
+ Circular No. 04/2004/TT-BCA
dated 31 March 2004 guiding the implementation of Decree No. 35/2003/ND-CP
dated 4 April 2003 regulating in details the implementation of some articles of
the Law on FPFF in order to perform the simplification of the administrative procedures
referred in article 4, section A of Part I of the simplification plan
accompanied by this resolution, the draft will be submitted to the Government
prior to December 31, 2010 for consideration and making decision before
submission to the National Assembly.
b) On the basis of the Decree on
the amendment, supplement, replace or repeal, abolishment of relevant
regulations in Decree No. 35/2003/ND-CP on April 4, 2003 of the Government's
guiding Law on FPFF by the Ministry of Public Security in charge of simplification
of the administrative procedures referred in article 4, section A of Part I of
the simplification plan accompanied by this Resolution. The Ministry of
Transport, Ministry of Trade and Industry, Ministry of Health are responsible
to coordinate with the Ministry of Public Security, Ministry of Justice and the
Office of the Government in amending and supplementing the relevant regulations
on FPFF under the following management scope and functions:
- Decree No. 71/2006/ND-CP dated
July 25, 2006 by the Government on port management and maritime channels;
- Decree No. 107/2009/ND-CP
dated November 26, 2009 by the Government on condition for charging liquefied
petroleum gas;
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2. For options of
administrative procedures simplification not related to the amendment and
supplement of laws and ordinances:
Ministry of Communications and
Public Security is assigned:
- To chair and coordinate with
the Ministry of Construction and other relevant ministries and agencies to
develop draft decree on the amendment, supplement, replacement or abolishment ,
cancellation of the relevant regulations in Decree No. 35/2003 / ND-CP dated
April 4, 2003 detailing the implementation of some articles of the Law on FPFF
according to the simplification of the administrative procedures referred in
article 1, 2, 3, 5 and 7, Section A of Part I of the simplification plan
accompanied by this Resolution, submitting to the Government for consideration
and making decision before June 30, 2010.
- To develop draft circular on
the amendment, supplement, replacement or repeal, cancellation of the relevant
regulations at:
+ Circular No. 04/2004/TT-BCA dated
March 31, 2004 guiding the implementation of Decree No. 35/2003/ND-CP of April
4, 2003 detailing the implementation of some articles of the Law on FPFF;
+ Circular 06/2009/TT-BCA-C11
dated 11 March 2009 on granting or withdrawal of registration, number plates of
vehicles in order to simplify the administrative procedures referred in article
1, 2, 3, 5, 6 and 7, Section A of Part I of the simplification plan accompanied
by this resolution, the deadline for issuing is July 31, 2010.
II. THE
PLAN FOR SIMPLIFICATION OF THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW
UNDER THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF INDUSTRY AND TRADE
A. Contents
of the simplification plan
1. Procedures for granting
certificates of the origin of preferential goods (C/O) Form S-B-BCT-111 449-TT
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- Legalizing components of
dossier applied according to statistical form of administrative procedures by
decision announced by the Ministry of Industry and Trade.
- Regulating the form of copies
(certificate of business registration, tax code certificate) suitable to way of
filing dossier. Specifically, in the case of direct payment: tax code
certificate) file the copy version attached with the original version for
reference or a notarized copy version or file the copy version and bring the
original version for reference or file a copy version certified by the
enterprises and the enterprises will be responsible for the accuracy of the
copy version. Filing via post: the notarized or certified copy by the
enterprise and the enterprise will be responsible for the validity; file
online: a scanned version of the original one.
Specifying the documents so as
not to increase unexpected procedures and; or unclear and inconsistency
requirements which may cause difficult for individuals, organizations
requesting for C/O grant from officials on duty.
- Eliminating or specifying
regulations of the cases applying Point e of Article 2 of the Statistical form
of administrative procedures.
- Legalizing application forms and
declaration forms applied in accordance with current statistical form.
- Legalizing regulation on
duration of handling procedure applied, in statistical progress and published
in form 1.
- Directing consistently the
implementation of policy of granting C / O for free in accordance with Circular
No. 37/2009/TT-BTC .
2. Procedures for granting
certificates of the origin of preferential goods (C/O) form AK-B-TT-BCT-090
808,
3. Procedures for granting
certificates of the origin of preferential goods (C/O) form l AJ-B-BCT-073 353
- TT
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- Supplementing the requirements
for form of documents (copies) in the trader registration dossier, dossier
requesting for grant of C/O, suitable to the way of implementation for
individuals or organizations to select by themselves in the mannor that does
not increase procedures, fees, time, and money of individuals and
organizations; raising the self- consciousness to take responsibility of
individuals, organizations and meeting the requirement for giving information
for the management activities and handling procedures of management agencies.
For example: filing directly “a copy version attached with an original one for
reference”; filing by email "a scanned version from the original one” and
the number of dossiers to be filed: one set.
- Directing consistently the
implementation of policy of granting C/O for free in accordance with Circular
No. 37/2009/TT-BTC .
4. Procedure No. B-BCT-107
994-TT: Automatic Import Licensing
Promulgating written document
regulating technical measures to control the import and export of goods, to
limit the trade deficit and combat the economic downturn due to the
Government's direction. This document will take effect from 01 January 2011 to
replace the implementation of procedures for automatic import license regulated
in Circular No. 17/2008/TT-BCT .
B.
Responsibility to implement the simplification plan The Ministry of Industry
and Trade is assigned:
- To develop draft Decision on
the amendment, supplement, replacement or annul, cancellation of relevant
regulations in Decision No. 41/2005/QD-TTg dated 2
March 2005 by Prime Minister
promulgating regulations on goods import licensing in order to implement the
administrative procedures simplification specified in Article 4 of Section A of
Part II of the simplification plan enclosed with this Resolution which will be submitted
to the Prime Minister before 30 August 2010.
- To develop draft circular to
replace the relevant regulations in Circular No. 17/2008/TT-BCT on December 12,
2008 by Ministry of Industry and Trade guiding the implementation of the
application of the policy of automatic import licensing for some items in order
to simplify the administrative procedures specified in Article 4 of Section A
of Part II enclosed with this resolution.
The issuance date is prior to
September 30, 2010.
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+ Circular No. 04/2010/TT-BCT
dated 25 January 2010 implementing rules of origin in the Agreement between the
Ministry of Industry and Trade of the Socialist Republic of Vietnam and
Ministry of Industry and Commerce of Laos People's Democratic Republic on rules
of origin applied to goods enjoying preferential import tax rates of Vietnam -
Laos replacing Decision No. 865/2004/QD-BTM dated September 26, 2004 on the
promulgation of the Regulation of grating certificate of origin Form S of
Vietnam for goods to enjoy tariff preferences under the Agreement on the
cooperation of economy, culture and science and technology between the
Government of the Socialist Republic of Vietnam and the Government of the Laos
People's Democratic Republic;
+ Decision No. 02/2007/QD-BTM on
January 08, 2007 01 of the Ministry of Trade promulgating Regulation on the
grant of certificate of goods’ origin form AK to enjoy preferences under the
Agreement of goods trading of Framework Agreement on Comprehensive Economic
Cooperation between Governments of the member countries of the Association of
Southeast Asian Nations and the Government of the Republic of Korea to
implement the simplification of administrative procedures specified in Article
1.2 and 3 of Section A of Part II of the simplification plan enclosed with this
resolution.
The issuance date is prior to
July 31, 2010.
III. THE PLAN
FOR SIMPLIFICATION OF THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER
THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF EDUCATION AND TRAINING
A. Contents
of the simplification plan
1. Procedures on the
establishment of university - B-BGD-051312-TT
a) The components of a dossier:
- Moving 3 components of a
dossier: Legal documents certifying the land use right or the document of the
provincial People's Committees on the policy to allocate land for the
construction of university; draft of general layout, a document Certified by the
competent bodies on the financial capacity and infrastructure conditions of the
investor of the university from Step 1 – Request for approval of the policy to
Step 2 - Decision on the establishment of university.
- Specifying the components of
dossier of the Step 1 - Request for approval of investment of university
establishment.
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+ Document of the provincial
People's Committee approving the establishment of university in provinces and
municipal cities. Approval document of the provincial People's Committee should
clearly state the necessity, appropriateness of the establishment of university
with the local plan of economic development; expected location for university
construction and the ability to coordinate and facilitate of the local to the
development of the university.
+ Scheme of university
establishment;
+ For the establishment of
private universities, beside the above documents, there should be the following
documents: The list of founding members, a written record showing the
representatives of founding members; a written commitment to contribute capital
to build private university of individuals and organizations and consent of the
representatives of the founding members; List of shareholders who commit to
contribute charter capital.
- Specifying the components of
dossier in the Step 2 - issuing decision on university establishment including:
+ Approval document of the Prime
Minister for university investment proposal;
+ Investment certificate for the
establishment of private universities;
+ A legal document certifying
the land use right or the approval document of land allocation for construction
of university, including clearly defined area, landmarks, land address from the
provincial people's committee or other legal documents on the right to use land
devoted to university construction;
+ University construction plan
and the overall design approved by organization in charge for public university
or by the provincial People's Committee for private university;
+ A detailed report on the
implementation of investment project of the university establishment by the
organization in charge or the management unit of the project;
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+ The legal documents certifying
the investor's capital kept by the assigned Project Management Unit.
- Removing the regulations in
Clause 4, Article 3 of Decision 07/2009/QD-TTg "provincial People's
Committee send a certificate for investment to relevant agencies";
- Forms of statement, proposals,
declarations...
- Specifying the characteristics
of each document to file; specifying which circumstance to submit original
version, if the original version is not required to submit, then submit the
certified copy version or submit a copy version with reference to the original
version or submit a copy version certified by the agencies or organizations
applying for university establishment.
- Specifying the number of
dossiers to submit to be 6 sets
b) The time duration for
handling: regulating the time for response to supplement or edit dossiers is 15
working days since the day of receiving the dossiers.
c) The effect of the Decision:
To increase the duration of the approval policy to 4 years; duration of
establishment decision to 3- 5 years.
d) The conditions for the
establishment of universities:
- Replacing condition on the
minimum land area of 5 ha by making clear regulation on average land area per
one student.
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e) The issues related to
regulation of university activities are specified in the components of dossier
of university establishment, namely:
- Removing the regulations on
controlling the maximum level of investment to be 51% compared to the charter
capital.
- Removing the regulations that
on ordinary shareholders have no voting rights
- Amending the regulations in
the direction that the shareholders’ extraordinary meeting needs the agreement
of at least two thirds of the members of the Board.
- Amending the regulation on the
appointment of vice principal without the nomination of the General Assembly of
Shareholders but based on the nomination of the principal and the Board’s
decisions.
- Removing the procedure on
submission to the Minister of Education and Training for consideration and
giving decision on recognizing the principals. The board chairman should be
granted the right to appoint principal and report to the Minister of Education
and Training.
- Amending the regulation on
appointing Deputy Principals of the university based on the proposal of the
principal passed by the Board;
- Supplementing the regulation
"principals are responsible for reporting to the Board and the
shareholders 'meeting, may reserve personal opinions about the decisions of the
Board in order to report to the shareholders' meeting and Ministry of Education
and Training or the competent authorities for consideration and handling. "
2. Procedures colleges
establishment - B-BGD-022718-TT
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- Moving 3 components of
dossier: Legal documents certifying the land use right or the document of the
provincial People's Committees on the policy to allocate land for the
construction of college; bill for general planning of ground, a document
Certified by the competent bodies on the financial capacity and infrastructure
conditions of the investor of the college- from Step 1 – Request for approval
of the policy to Step 2 - Decision on the establishment of college.
- Specifying the components of
dossier in Step 1 including:
+ The proposal of the college’s
establishment;
+ Document of the provincial
People's Committee approving the establishment of colleges in provinces and
municipal cities. Approval document of the provincial People's Committee should
clearly state the necessity, appropriateness of the establishment of colleges
with the local plan of economic development; expected location for university
construction and the ability to coordinate and facilitate of the local to the
development of the colleges;
+ Scheme on the establishment of
colleges;
+ For the establishment of
private colleges, beside the above documents, there should be the following
documents: The list of founding members, a written record showing the
representatives of founding members; a written commitment to contribute capital
to build private colleges of individuals and organizations and consent of the
representatives of the founding members; List of shareholders undertake to
contribute charter capital.
- Specifying the components of
dossier in Step 2 - decision on the colleges establishment, including:
+ Approval document on
investment of the colleges of the Prime Minister;
+ Investment certificate for the
establishment of private colleges;
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+ colleges construction plan and
the overall design approved by organization in
charge for public university or
by the provincial People's Committee for private colleges;
+ A detailed report on the
implementation of investment project of the colleges establishment by the
organization in charge or the management unit of the project;
+ Expected training program,
curriculum and materials for teaching suitable to the training of colleges;
+ The legal documents certifying
the investor's capital kept by the assigned Project Management Unit..
- Removing the regulations in
Clause 4, Article 3 of Decision 07/2009/QD-TTg "provincial People's
Committee send a certificate for investment to relevant agencies";
- Forms of projects, proposals,
declarations ....
- Specifying the characteristics
of each document to file; specifying which circumstance to submit original
version, if the original version is not required to submit, then submit the
certified copy version or submit a copy version with reference to the original
version or submit a copy version certified by the agencies or organizations
applying for university establishment.
- Specifying the number of
dossiers to submit is five sets.
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c) The conditions for the
establishment of colleges
- Removing condition on the
minimum land area of 5 ha; Moving the conditions of teaching staff from the
conditions of college establishment to the conditions of allowing going into
operation.(open training and recruitment code)
d) Regarding the related issues.
- Specifying the legal status of
the project management unit, functions and powers of the project management
unit, time of operation and termination of the Project Management unit.
- Empowering the board chairman
in appointing principals and preparing a written report to the Ministry of Education
and Training about the appointment made from principal shareholder’s meeting,
based on criteria regulated by Ministry of Education and Training. The decision
to appoint the vice-principals does not require the opinion of the General
Assembly of Shareholders.
- Regulating all shareholders
having voting rights based on percentage of shares of capital contribution.
- Amending point b of Clause 2
of Article 50 of Circular No. 14/2009/TT-BGDDT dated May 28, 2009 of Ministry
of Education and Training on regulation "assets increased from the
operation of colleges are not shared assets " in accordance with the
regulation in Decree No. 69/2008/ND-CP dated May 30, 2008 by the Government on
policies to encourage the development of socialization.
3. Procedures of the
establishment of Professional Intermediate School - B- BGD-021801-TT
- Regulating that the agency in
charge to evaluate dossiers of the local Professional Intermediate School is
the Department of Education and Training.
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+ Splitting "papers
relating to land and property ownership " out of the scheme, specifying
what the papers are;
+ Removing resume of the person
expected to be the principal;
+ Removing the draft on the
school operation regulations;
+ Specifying the number of
dossiers to be 4 sets;
+ Developing, issuing sample
proposals, forms ...;
+ Specifying the characteristics
of each document to be submitted; specifying which circumstance requires
original version or notarized copy version or a copy version with reference to
the original one or a copy version certified by the agencies, organizations
applying for school establishment.
- The conditions of school
establishment:
+ Changing conditions on
teachers and administrators to conditions for professional school going into
operation;
+ Quantifying the conditions on
teaching staff and the minimum charter capital;
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+ Adding the regulation on
period of validity of decision on the school establishment to be 2 years, after
this period if the professional intermediate school does not prepare the
conditions for training and recruitment, the agency permitting the
establishment must consider and decide to withdraw the decision on the school
establishment;
+ Regulating duration for
editing dossiers is 5 days from receiving the dossier
- Supplementing the procedure
allowing professional intermediate school to going into operation.
4. Procedures of the
establishment of high school -B-BGD-051178-TT
- The jurisdiction in handling
administrative procedures: To specify that the agencies participating in the
evaluation of the establishment of high school are the Department of Planning
and Investment, the Department of Construction, the Department of Natural
Resources and Environment, Department of Finance, Department of the Interior,
Office of provincial People's Committee where the schools settle their
headquarters.
- The dossier’s components:
+ Removing the feasibility study
and resume of the person expected to be appointed principal;
+ Specifying the contents of the
school establishment scheme. Scheme includes the followings: school name, and
the necessity and the appreciations with the plan of training network and
economic and social development plans of the local, objectives, tasks, programs
and educational content; expected location, area of land to build schools,
facilities, equipment, apparatus, resource and finance, strategic direction in
the development of the school;
+ Supplementing regulation on
dossier for private school, besides the above components there need be
documents certifying the financial capability and documents relating to land;
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+ Specifying the number of
dossiers to be 4 sets;
+ Developing, issuing a report
template, sample proposals, forms...
+ Specifying the characteristics
of each component papers in the dossier to be submitted; specifying which
circumstance must submit original version or notarized copy version or copy
version with an original one for reference or a copy certified by the agency or
organization applying for school establishment.
- Conditions for implementing
administrative procedures:
+ Remove Condition No. 2 on the
feasibility study, replace with School establishment scheme (in accordance with
the Law on amendment and supplement the on Education in 2005);
+ Moving the condition on the
quantity and quality of teachers and managers to condition allowing going into
operation;
+ Specifying the financial
condition (similar to conditions of the establishment of universities,
colleges).
- Time for handling
administrative procedures: Shorten the time for the implementation of administrative
procedures from 45 days to 30 days and specifying response time in case of
unqualified dossiers to be 7 working days.
5. Procedures of
establishment of representative offices of foreign institutions in Vietnam -
B-BGD-034997-TT
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- Skipping the participation in
the evaluation of the relevant agencies.
- The dossier’s components:
+ Removing the document "certifying
the financial capability of foreign institutions in Vietnam" and two
components of dossiers "A summary of the formation and development of the
cooperation between foreign institutions applying for setting up representative
offices with educational organizations in Vietnam" and "A summary of
the cooperation programs, projects agreed or expected to be signed between the
educational organizations applying for setting up representative offices with
Vietnam Education organization";
+ Removing three components of
reference dossier, including documents introducing foreign educational
organizations certified by a political and social organizations where the
foreign educational institutions set up their headquarters; scheme of operation
which specifies the following matters: the necessity and the reasons for
opening representative offices; the model of organization, staff, facilities
and financial resources;
+ Simplifying form (removing
duplicate information already provided in the dossier).
B.
Responsibility to implementing the simplification plan.
The Ministry of Education and
Training is assigned:
- To chair and coordinate with
relevant ministries and agencies to develop draft decree guiding the
implementation of Article 109 of Education Law 2005 (amended and supplemented
in 2009) on international cooperation in education and training for simplifying
administrative procedures referred in Item 5 of Section A, Part III of the plan
enclosed with the simplification of this Resolution present to the Government
to issue before July 31, 2010.
- To chair and coordinate with
relevant ministries and agencies to develop draft decree of the Prime Minister
on the amendment, supplement, replacement or cancellation of the relevant
regulations in:
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+ Decision No. 61/2009/QD-TTg
dated April 17, 2009 of the Prime Minister on the promulgate of Regulation on
organization and operation of private universities to simplify the
administrative procedures referred in Item 1, 2, Section A, Part III of the
simplification plan enclosed with this Resolution to present to the Prime
Minister before July 31, 2010.
- To develop the Circular of
amending, supplementing, replacing or canceling the relevant regulations in:
+ Circular No. 14/2009/TT-BGDDT
dated May 28, 2009 of Ministry of Education and Training on the promulgate of
the Regulation on the operation of colleges;
+ Decision No. 43/2008/QD-BGDDT
dated July 29, 2008 of Ministry of Education and Training on the operation of
professional Intermediate school;
+ Decision No. 07/2007/QD-BGDDT
dated April 2, 2007 of Ministry of Education and Training on the issue of
Regulations of the secondary school, high school, and Schools with many levels;
+ Decision No. 39/2001/QD-BGDDT
dated August 28, 2001 of Ministry of Education and Training on promulgating
regulations on organization and operation of non-public schools to simplify the
administrative procedures referred in Item 2, 3, 4, Section A, Part III of the
simplification plan together with of this resolution. The duration for issuing
is before July 31, 2010.
IV. THE PLAN
FOR SIMPLIFICATION OF THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER
THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF TRANSPORT
A. Contents
of simplification plan
1. Procedures on the
permission of the operation of cross-river passenger port (B-bgt-021 403-TT)
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- Removing the regulation based
on the hydro geological characteristics of places for opening port as the basis
for regulating the validity period of the license. The determination of the
validity period of the license should be based on land use term or the lease
term(if it is the lessee) and on the basis of the proposal of the owner
exploiting the port.
- Issuing standards for
classifying cross-river passenger ports to link the specification of the
license’ validity period with each type of cross-river passenger port. For
large-sized port with large number of passengers and with long operation time
during the year , its validity period is longer than those with small number of
passengers and in small scale. To each type of port, there should be clear
regulations on the building of shelter based on the number of passengers and
the standards for shelters.
2. Procedures for Issuance of
certificates of registration, number plates of specialized motorcycles for the
first time for the units under the management of the Ministry of Transport
(B-bgt-008 257-TT) and procedures for issuance of certificates of
registrations, number plates of specialized motorcycles for the first time for
organizations and individuals managed by the Department of Transport (B-bgt-013
312-TT)
- Specifying the order for
implementing procedures, including:
+ Specifying the steps that
individuals, organizations and agencies implement administrative procedures
must be in chronological order;
+ Specifying the
responsibilities of State administrative bodies for each step of
implementation;
+ Specifying the
responsibilities of individuals and organizations for each step.
- Dossier and dossier’s
components:
+ Specifying the number of
dossiers to be submitted: 01 set;
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the notarized copy version or a
copy version with the original version for reference or a copy version
certified by the owner of the specialized motorcycles.
+ Amending the form
"declaration of specialized motorcycles" to clearly indicate the
matter "stick the engine number" and "stick the frame of the
motorcycle" under the responsibility of agencies implementing administrative
procedures.
3. Procedures for granting
certificates of registration , number plates of specialized motorcycles for
transferring the ownership to units under the management of the Ministry of
Transport (B-bgt-008 434-TT) and procedures for granting certificates of
registration and number plates of specialized motorcycles for transferring the
ownership to organizations and individuals under the management of Department
of Transport (B-bgt-013 527-TT)
- Separated into 02 procedures,
including:
+ Procedure "Grant of
certificate of registration and number plate of specialized motorcycles in case
that the old and the new owners are in the same province or city”
+ Procedure "Grant of
certificate of registration and number for the new owner who are in different
province or city with the old one”
- Based on these two
administrative procedures, specifying order for implementing the procedures,
including:
+ Specifying steps that
individuals, organizations and agencies implementing administrative procedures
must be in chronological order;
+ Specifying the
responsibilities of state administrative bodies for each step of
implementation;
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+ Specifying the procedures for
"Grant of certificate of registration and number plate of specialized
motorcycles in case that the old and the new owners are in the same province or
city”, empowered agencies do not need to check the specialized motorcycles in
handling the case.
- For dossier and dossier’s components:
+ Specifying the number of
dossiers to be submitted: 01 set;
+ Specifying the characteristics
of each document in the dossier to be submitted; specifying in which
circumstance that it is necessary to submit the original version or
the notarized copy version or a
copy version with the original version for reference or a copy version
certified by the owner of the specialized motorcycles.
+ Specifying the confirmation of
the local government where the seller, donor registered permanent residence in
the form of "paper for sale, donation of specialized motorcycles" is
the certification of the signature of the seller or donor of the specialized
motorcycles
4. Procedures for re-issuance
of certificate, number plates of specialized motorcycles which are damaged or
lost managed by the Vietnam Road Administration (B-bgt-008 468-TT) and
Procedures for re-issuance of certificate, number plate of specialized
motorcycles which are damaged or lost to organizations and individuals under
the management the Department of Transport (B-bgt-013 838-TT)
- Separated into 02
administrative procedures:
+ Procedures of changing
registration and number plates for specialized motorcycles;
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- On the basis of these two
administrative procedures, specifying the order to implement the administrative
procedures, including:
+ Specifying the steps that
individuals, organizations and agencies implementing administrative procedures
are in chronological order;
+ Specifying the
responsibilities of state administrative bodies for each step of
implementation;
+ Specifying the
responsibilities of individuals and organizations for each step;
+ Specifying each case of
changing registration and number plate of specialized motorcycles which are
damaged (return the registration and number plate certificates) the empowered
agencies do not check the specialized motorcycles on the handling process.
- Dossier and dossier’s
components:
+ Specifying the number of dossiers
to be submitted is 01 set;
+ Amending the content of the
sample "the declaration paper of changing, re- issuing of registration and
number plate” to clearly indicate that the content "stick the engine
number" is the responsibility of agencies implementing the administrative
procedures;
+ Removing the request
"Application stating the loss of motorcycles must be certificated by the
police" in the dossier applied to the case of re-issuance of registration and
number plate for lost specialized motorcycles.
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- Supplementing regulations on
the order of implementing the procedures, including:
+ Specifying the steps that
individuals, organizations and agencies implement administrative procedures are
in chronological order;
+ Specifying the
responsibilities of the state administrative agency for each step of
implementation;
+ Specifying the
responsibilities of individuals and organizations for each step.
- The dossier and dossier’s
components:
+ Regulating the number to be
submit: 01 set;
+ Specifying the characteristics
of each document in the dossier to be submitted; specifying in which
circumstance that it is necessary to submit the original version or
the notarized copy version or a
copy version with the original version for reference or a copy version
certified by the owner of the specialized motorcycles.
6. Procedures for granting
license for important construction within the area for road to national road
(B-bgt-006 675-TT)
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+ Specifying the steps that
individuals, organizations and agencies implement administrative procedures are
in chronological order;
+ Specifying the
responsibilities of state administrative bodies for each step of
implementation;
+ Specifying the
responsibilities of individuals and organizations for each step.
- The dossier and dossier’s
components:
+ Specifying the number of
records to be submitted is 01 set in which the documents approved when setting
the project and design of the empowered road managing agency are submitted 2
versions.
+ Specifying the characteristics
of each document in the dossier to be submitted; specifying in which
circumstance that it is necessary to submit the original version or the
notarized copy version or a copy version with the original version for
reference or a copy version certified by agency or organization applying for
license grant.
- Developing and promulgating
the form "Application for the license grant for important construction
within the land for roads to the national road” in which there is instruction
on the commitment of self- movement of the construction works if there is
requirement for using that land and asking for no compensation.
- Removing the commitment of
self- movement of the construction works in case the Road Branch has to use the
land and asking for no compensation.
7. Procedures for grant of
certificate for the quality, technical safety and environmental protection of
imported specialized motorcycles (B-bgt-030 664-TT)
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+ Specifying the steps that
individuals, organizations and agencies implement administrative procedures are
in chronological order;
+ Specifying the
responsibilities of state administrative bodies for each step of
implementation;
+ Specifying the
responsibilities of individuals and organizations for each step;
- The dossier and the dossier’s
components:
+ Specifying the number of
dossiers to be submitted is 01 set;
+ Specifying the characteristics
of each document in the dossier to be submitted; specifying in which
circumstance that it is necessary to submit the original version or the
notarized copy version or a copy version with the original version for
reference or a copy version certified by the agencies or organizations which
are also the owners of the specialized motorcycles;
+ Developing and issuing a
declaration form, "The registry of technical data of the imported
specialized motorcycles” which instructing individuals and organizations to get
the information to be declared.
+ Using a bilingual (Vietnamese and
English) in the declaration form "A detailed list of imported specialized
motorcycles."
- Publicizing the list of
imported specialized motorcycles free from submitting documents introducing
technical characteristics or registering technical data and publicizing the
process of performing public administrative procedures for individuals and
organizations to know.
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- Developing and issuing
Circular on the amendment, supplement, replacement or abolishment and annulling
the relevant regulations before July 31, 2010 in:
+ Circular No. 24/2009/TT-BGTVT
dated October 15, 2009 by the Minister of Communications and Transportation
regulating the granting, renewal, withdrawal of registration and number plate
of motorcycle taking part in road traffic ;
+ Circular No. 23/2009/TT-BGTVT
dated October 15, 2009 by the Minister of Communications and Transportation
regulating the inspection of the quality of technical safety and environmental
protection of specialized motorcycles;
+ Circular No. 13/2005/TT-BGTVT
dated November 7, 2005 by the Minister of Communications and Transportation
regulating the instruction of the implementation of some articles of Decree No.
186/2004/ND-CP dated 05/11 / 2004 of the Government regulating the management
and protection of infrastructure of road traffic;
+ Decision No. 07/2005/QD-BGTVT
dated January 07, 2005 by the Minister of Communications and Transportation
regulating the issuance of regulations on the management of port and inland
terminal’s operations to simplify the administrative procedures referred in
article 1, 2, 3, 4, 5, 6, 7 of Section A of Part IV of the simplification plan
enclosed with this resolution.
- On the basis of the
implementation of Decision No. 259/QD-TTg dated March 4, 2008 by the Prime
Minister on approving the scheme for enhancing the National guaranteed traffic
safety and order to 2010, before January o1, 2010 and developing and issuing
the standards for classifying cross-river passenger port to simplify
administrative procedures mentioned in Article 1 of Section A of Part IV of
simplification plan enclosed with this Resolution.
V. THE PLAN
TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE
MANAGEMENT FUNCTIONS OF THE MINISTRY OF PLANNING AND INVESTMENT.
A. Contents
of simplification plan.
1. Verification procedures of
investment certificates for projects approved under the authority of the Prime
Minister (at central and local level)-B-MPI- 10937-B-TT and MPI-111222-TT
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- Specifying documents required
to be legalized the consul applied to investors who are foreign individual and
organizations and gradually exempting documents with the requirement to
legalize the consul.
- Specifying the concept of
"qualified document", the form of “copy” document suitable to ways of
implementing of administrative procedures;
- Supplementing an appendix or
form of guidelines establishing the report on the financial capacity and the
report on the explanation of economy and technique in the direction that
specifies the content and format of this document.
- Removing some unneeded and
illogical documents in the component of the dossier: Joint venture contract,
report on the explanation on the ability to satisfy the market (to conditional
investment projects),the lease contracts of the location and storage.
- Regulating to legalize the
number of dossiers in direction of reducing the quantity, make a standardized
dossier on the verification of granting investment certificates for projects
approved under the authority of the Prime Minister.
- Specifying the validation
duration of the investment licenses in direction that the duration for the
investment project is defined by the investor but it is no more than 70 years.
2. Procedures for renewal of
certificates of investment for investment under the regulations of the
Enterprise Law and Investment Law on granting investment licenses under the
regulation of the Law on Foreign Investment in Vietnam-B-111 119-TT-BKH.
- Specifying the dossier of the
procedure "changing the investment certificate” in the direction of
separating investment certificates (GCNDT) and re-registration of investment
projects due to the adjustment of the capital and industries.
- Amending the document form
requesting for changing investment certificate in the direction of
supplementing information on the location of the executive offices of the
foreign parties into the contract of business cooperation; removing the
regulation of filling information on the planned progress of the items’ main
activities of the on operation projects; removing the information on
“contribution of capital for the project”. The on progress projects do not need
to explain the progress of the projects in the components of dossier requesting
for changing investment certificate.
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- Shortening the time of
handling to 5 days of working.
- Removing the time duration
applied to re- registration of all enterprises granted investment licenses
before July 1, 2006.
- Specifically instructing the
inheritance of rights and lawful interests, taking responsibility for the
debts, labor contracts and other obligations before re- registering in way of
guaranteeing the consistency of understanding and implementation.
4. Procedures for registration
of investment for projects with foreign investment capital (not associated with
the establishment of enterprises) (this procedure is not in the list of
administrative procedures of the Ministry of Planning and Investment)
- Specifying investment projects
not associated with the establishment of enterprises, business registration
with investment projects associated with the establishment of enterprises,
business registration.
- Regulating specifically
requirements of setting up a report on environmental solutions in stead of the
requirement for setting up report on the effect of environment.
- Shortening the time duration
for handling to 7 days of working.
5. Procedure of registration
of adjusting the investment project-B-BKH-107 550-TT
- Specifying the number of
dossiers submitted is 01 set.
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6. Verification procedures
for granting certificates of investment projects with the capital from 300
billion upwards and not in the area of conditional investment B-BKH-110 979-TT.
- Specifying the competence,
content and responsibilities of the body making decision and chairing the grant
of investment certificate and the body consulted and replying the question on
the verification of investment projects. Specifically, regulating principle,
competence to choose the competent agency consulted; regulating the
responsibility and the written reply on the content of the agency consulted,
applying the principle that if the regulated time passes without reply from
this agency, this is considered as the agreement of the agency and the agency
is responsible for not answering.
- Specifying the components of a
dossier, the number of dossiers, forms of copies; supplementing regulations on
equally legal values of the notarized documents by the notary public office and
the State notary public.
- Removing the requirement to
file the joint venture contract.
- Removing the dossier’s
components on “the explanation to satisfy the conditions for the entry into
market"
- Specifying in more detail the
content and form of reports on financial capability. Choosing between two
plans: (1) modelization the forms of report on financial capacity of investors
creating the convenience for the investors to make this report or (2)
specifically regulating circumstance.
- Specifying in more detail the
content and form of reports on financial capability. Choosing between two plans:
(1) modelization of the forms of report on financial capacity of investors
creating the convenience for the investors to make this report or (2)
specifically regulating each circumstance- if the investor is an enterprise,
they submit “the financial report audited of the latest year” or “the property
balance chart audited of the latest year”; if the investor is individual,
specify the content and the form of the document submitted in the direction of
specifying what type of the document is, which level confirmed it, and who is
responsible for the accuracy of this document as a replacement of the financial
report.
- Regulating clearly the
requirement that the foreign investor must submit the joint venture contract,
business corporation contract, enterprise’s regulations in the dossier (if any)
for the guarantee of the consistency of the Decree No. 108/2006/ND-CP with the
Investment Law.
- Regulating the validity
duration for the investment license in direction that the validity duration of
the investment project is defined according to the requirement of the investor,
but it is no more than 70 years.
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- Supplementing instructions and
regulations on the component of the dossier in case that the competent project
with tender evaluation plan and approving the tender plan to join into a
procedure called “evaluating and approving tender plan”.
- Clearly instructing in detail
the concepts “state capital” and “other capitals managed by the state” defined
in Article 1 of Clause 1 of Article 4 of the Bidding Law .
- Amending regulations on the
validity duration of the bidding file according to the maximum and minimum
framework for the investors’ convenience.
8. Approval procedures for
bidding plans (at the central and local level) - B- BKH-081 811-TT, B-106
826-TT-BKH
- Specifying in detail and
consistently the necessary documents in the file requiring for the approval of
bidding plan. Instructing and explaining clearly which documents to be legal
ones used as legal basis for the establishment of bidding plan and the relevant
documents. Regulating specifically these documents submitted in notarized copy
version or in ordinary copy version without notarization or in original one.
- Regulating time for handling
to be 20 days since the day the approving agency receive the report of
approval. (30 days for bidding package approved by the Prime Minister)
- Specifying which body has the
competence. For example, how to define and which document to based on in case
of projects with 100% of State capital. In case of projects with State capital
of more than 30% but less than 100% of state capital, the competent agency
approving the investment project must regulated suitably to the Labor Law and
the enterprise’s regulation.
- Supplementing the
requirements, conditions and method for identifying 30% of state capital in a
project for conducting the bidding. Showing the specific method and example for
illustration to identify the State capital used in each project. The example is
as follows: an enterprise X with 100% of State capital contributes capital to
establish a joint venture Y with a foreign investor in which the State
enterprise X contributes the operation capital of x%. The Y enterprise is the
investor of project A in which Y’s capital in project A is y %, and the rest of
the capital is borrowed from the commercial bank. In this case, the portion of
state capital in the project is identified as x % * y%.
- Increasing the portion of
State capital in projects for bidding to at least 50%
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- Regulating consistently and
clearly the requirement for “document proving the transfer completion” in the
composition of the file of converting one member limited liability company to
limited liability company with two or more members, guaranteeing the
consistency between regulations in Decree No. 88/2006/ND-CP and Decree No.
139/2007/ND-CP .
- Shortening the duration for
handling the administrative procedures to 5 days of working.
- Specifying the competent body
handling procedures in case of changing the portion of capital contribution of
the domestic investor or the foreign investor. For example, in the case of a
one member limited liability company with 100% of the foreign capital changing
into two members limited liability company with 100 % of domestic capital; one
member limited liability company with 100% of the domestic capital changing
into two members limited liability company with 100 % or 51% of foreign
capital.
- Amending form requesting for
changing one member limited liability company into two or more members limited
liability company enclosed information registering tax.
10. Procedures for the
establishment of a joint venture enterprise with foreign investment capital in
case that the foreign capital accounts for 49% of the operation capital
(Notification No. 1752/BKH-PC of MPI)
- Separating two procedures:
procedure for investment registration and procedure for business registration
to establish enterprises. The business registration will comply with the
Enterprise Law at the agency of business registration.
11. The group of procedures
for the registration of the operation of the agencies with joint venture
company, joint stock company - BKH-052 465-B-and B-TT-TT BKH-052 652
Specifying components of the
dossier, order of registration procedures of the branch operation with the grant
of investment certificate; specifying in which case the establishment of
agencies must associated with the grant of investment certificate. Specifying
in details the content of the report and enclosed documents with the report
after being granted the registration certificate for the operation of agencies
and representative offices.
12. Registration procedures
on the establishment of limited liability company with two or more members -
BKH-052 860-B-TT.
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- Annul the legal capital
requirements, requirements of practice certification in the business
registration dossiers.
13. Business registration
procedures for credit institutions (this procedure is not in the list of
administrative procedures of MPI).
Repeal the business registration
procedures for credit institutions at the business registry agency
14. Procedures for
notification of authorized representative of the shareholder is the requirement
for joint stock companies BKH-052 480-B-TT.
To add the form of authorized
representatives notification of the shareholders (uniform implementation
throughout the country).
15. Group of notification
procedures on opening hours at its headquarters for one-member limited company
(the owner is an organization), one-member limited company (the owner is an
individual), private enterprise - BKH-052 673-B-TT; B- BKH-117 490-TT;
B-BKH-120 485-TT; B-BKH-052 751-TT.
Notification procedures on
opening hours at its headquarters are abolished.
16. Group of registration
procedures for establishment of enterprises for private enterprises, partnerships,
joint stock company, one member limited company (the owner is an organization),
one member limited company (the owner Property is an individual).
- Remove the requirement on
signature of legal representative on the business registration certificate of
and tax registration form.
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- Annul the requirement that
enterprises have to file certification of legal capital, a business practice
certificate in the application for business registration.
B.
Responsibility for implementation of the simplification plan.
1. For the plan to simplify
administrative procedures relating to the amendment and supplement of laws and
ordinances:
Ministry of Planning and
Investment is assigned:
- To chair and coordinate with
other relevant ministries and in drafting laws to amend, supplement, replace or
repeal or revoke the relevant provisions in:
+ Investment Law No.
59/2005/QH11 November 29, 2005 the National Assembly;
+ The National Assembly Law No.
38/2009/QH12 adopted on June 19, 2009 by The National Assembly for amending and
supplementing some articles of the law relating to basic construction
investment;
+ Bidding Law No.61/2005/QH11
dated 29 November 2005 of the National Assembly;
+ Enterprise Law 60/2005/QH11
dated November 29, 2005 of the National Assembly for simplifying administrative
procedures referred to in articles 1, 2, 3, 4, 6, 7, 8, 10, 12, 14, 15 and 16
Section A of Part V of the simplification plan attached in this Resolution,
which is generalized by the Ministry of Justice and submitted to the Government
before November 30, 2010.
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+ Decree No. 108/2006/ND-CP
dated September 22, 2006 of the Government detailing and guiding the
implementation of some articles of Law on Investment;
+ Decree 101/2006/ND-CP
September 21, 2006 of Government regulating the re- registration, and
registration for renewal of investment certificates of foreign invested
enterprises in accordance Enterprise Law and Investment Law;
+ Decree 139/2007/ND-CP dated
September 5, 2007 of the Government detailing the implementation of some
articles of the Enterprise Law ;
+ Decree 88/2006/ND-CP dated
August 29, 2006 by the Government on business registration for simplifying
administrative procedures referred to in article 3, 4, 6, 10 and 12 Section A
of Part V of the simplification plan together with this Resolution, to be
submitted to the Government before December 31, 2010 .
2. For measures to simplify
administrative procedures not related to the amendment and supplement of laws
and ordinances:
a) To Assign the Ministry of
Planning and Investment:
- To chair and coordinate with other
related ministries and departments in issuing the draft of Decree on amending,
supplementing, superseding, abolishing or revoking related provisions stated in
the following Decrees:
+ Decree No. 108/2006/ND-CP of
September 22, 2006 of the Government detailing and providing guidelines for the
implementation of some articles of Law on Investment;
+ Decree 101/2006/ND-CP of
September 21, 2006 of the Government on re- registration, conversion and
registration by foreign- invested enterprises for replacement with Investment
Certificates pursuant to Law on Enterprises and Law on Investment;
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+ Decree 139/2007/ND-CP of
September 5, 2007 of the Government providing guidelines on the implementation
of some articles of Law on Enterprises in order to implement measures on
simplifying administrative procedures stated in article 1, 2, 5, 7, 8, 9, 11,
13, 14 and 16 of Section A - Part V of the simplification Plan attached
herewith this Resolution, submitted to the Government before July 31, 2010.
- To chair and coordinate with
Ministry of Finance, Ministry of Public Security and other related ministries
and departments in issuing the draft of Joint- Circular on amending,
supplementing, superseding, abolishing or revoking related provisions stated in
Joint Circular No. 05/2008/TTLT/BKH-BTC-BCA, dated 29 July, 2008 of the
Ministry of Planning and Investment - Ministry of Finance - Ministry of Public
Security providing guidelines on the coordination mechanism between the
agencies in the issuing certificates of business registration, tax and seal
registration for enterprises established and operating under the Law on
Enterprises to implement measures on simplifying administrative procedures
stated in article 16 of Section A, Part V of the simplification Plan attached
herewith this Resolution. Date of issuance of the Joint-Circular is prior to July
31, 2010.
- To chair and coordinate with
the Ministry of Foreign Affairs, Ministry of Justice and other related
ministries and departments in issuing the draft of Joint- Circular on the
implementation of Decree on guidelines for the implementation of Foreign
Investment Law, of which articles on Consular legalization specify that certain
types of documents of the file for investment registration issued by competent
agencies assigned by the Ministry of Foreign Affair are subjected to consular
legalization procedure to implement measures on simplifying administrative
procedures stated in article 2 and 12 of Section A, Part V of the
simplification Plan attached herewith this Resolution. Date of issuance of the
Joint-Circular is prior to July 31, 2010.
- To chair and coordinate with
related ministries and departments in issuing the draft of Joint- Circular on
amending, supplementing, superseding, abolishing or revoking related provisions
stated in:
+ Circular 02/2009/TT-BKH of 17
May 2009 by the Ministry of Planning and Investment guiding the procurement
planning;
+ Circular 03/2006/TT-BKH
guiding some articles on the documents, order and procedures for registration
of business in order to implement measures on simplifying administrative
procedures stated in article 7,8 and 16 of Section A, Part V of the
simplification Plan attached herewith this Resolution. Date of issuance of the
Joint-Circular is prior to July 31, 2010.
- To amend supplement Annex I-14
on the registration form for investment certificate stipulated in Decision No.
1088/2006/QD-BKH dated 19 October, 2006 by the Minister of Planning and
Investment on the issuance of the written forms of investment procedures in
Vietnam to implement measures on simplifying administrative procedures stated
in article 2 of Section A, Part V of the simplification Plan attached herewith
this Resolution. Date of issuance of the Joint-Circular is prior to July 31,
2010.
b) To Assign the State Bank of
Vietnam:
To chair and coordinate with the
Ministry of Planning and Investment and other related ministries and
departments in issuing the draft of Decree on amending, supplementing,
superseding, abolishing or revoking related provisions stated in Decree 28 /
2005/ND-CP dated 9 March, 2005 by the Government on organization and operation
of small-scale financial institutions in Vietnam, to implement measures on
simplifying administrative procedures stated in article 13 of Section A, Part V
of the simplification Plan attached herewith this Resolution, submitted to the
Government before July 31, 2010.
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A. Contents
of the Simplification Plan
1. Quality control procedures
for imported goods - B-BKC-008126-TT
In addition to provisions on the
direct filing at the competent registration body, enterprises may submit copies
of the certificate of quality whereas the original certificate is to be
collated with the copies.
2. Recognition Procedures for
Industrial Property Attorneys in the Register of the National Industrial
Property Attorney - B-BKC-107006-TT
- Compositions and number of the
documents
+ In addition to the provision
on the direct filing at the competent registration body, enterprises may submit
copies of the business registration/operation registration certificate whereas
the original certificates are to be examined and collated with the copies
+ Remove the List of Service
charge for industrial property attorneys;
+ Remove documents for payment
of fees;
+ Replace the list of persons in
the organization owning an IP Attorney certificate attached with the Decision
on Recruitment/Employment contract for those persons with the certificate of
the head of the organization or the certificate and copies of the Decision on
Recruitment of the authorized person;
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- For the time limit for
settlement: Shorten the time limit for settlement of 01 month to 15 days from
the date of receipt of complete and valid dossiers.
3. Procedures for
Cancellation of Industrial Property Certificate of Protection - B-BKC-006735-TT
- The dossier composition:
Abolish the request for voucher of payment of fee for cases of direct filing.
Only copies of such documents requested for cases of filing through mail of
making account payment.
- The time limit for settlement:
Stipulate the time-limits for settlement of each case as follows:
+ If the petition requesting the
cancellation or termination of the certificate of protection is the holder of
the certificate, the National Office of the Intellectual Property issue a
decision on termination of the certificate of protection within the time-limit
of 10 days from the date of receipt of the request for terminating the
certificate of protection;
+ If the petition requesting
termination or cancellation of the certificate of protection is the third
party: After a maximum time-limit of three months set by the National Office of
Intellectual Property in the notification sent to the holder of the certificate
of protection, if the holder does not have different point with the petition,
the National Office of Intellectual Property shall make a decision. Incase the
holder does have different point with the petition, the National Office of
Intellectual Property shall extend the time-limit for the proceedings up to
three months.
+ Time-limit for the above
proceedings does not include time for the implementation of other procedures if
the request for cancellation of certificate of protection requires such
implementation.
4. Procedures for Termination
or Cancellation of Industrial Property Certificate of Protection -
B-BKC-006747-TT
- The dossier composition:
Abolish the request for voucher of payment of fee for cases of direct filing.
Only copies of such documents requested for cases of filing through mail of
making account payment.
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+ If the petition requesting the
cancellation or termination of the certificate of protection is the holder of
the certificate, the National Office of the Intellectual Property issue a
decision on termination of the certificate of protection within the time-limit of
10 days from the date of receipt of the request for terminating the certificate
of protection;
+ If the petition requesting
termination or cancellation of the certificate of protection is the third
party: After a maximum time-limit of three months set by the National Office of
Intellectual Property in the notification sent to the holder of the certificate
of protection, if the holder does not have different point with the petition,
the National Office of Intellectual Property shall make a decision. Incase the
holder does have different point with the petition, the National Office of
Intellectual Property shall extend the time-limit for the proceedings up to
three months.
+ Time-limit for the above
proceedings does not include time for the implementation of other procedures if
the request for cancellation of certificate of protection requires such
implementation.
5. Procedures for resolving
complaints related to industrial property issues - B-BKC-006849-TT
Abolish the request to submit
vouchers of fee payment on direct filing cases. Only copies of the stated
documents submitted on the case of filing by mail or making account payment.
B.
Responsibility for implementation of the simplification plan
To Assign Ministry of Science
and Technology: To Draft Circular amending, supplementing, superseding,
abolishing or revoking relevant provisions in:
- Circular No. 17/2009/TT-BKHCN
of June 18, 2009 of the Ministry of Science and Technology providing guidelines
for state inspection of quality of imported goods under the management of the
Ministry of Science and Technology;
- Circular No. 01/2007/TT-BKHCN
of May 14, 2007 of the Ministry of Science and Technology guiding the
implementation of Decree 103/2006/ND-CP of September 22, 2006 of the Government
providing guidelines on the implementation of some articles of the Intellectual
Property Law on Industrial Property to implement measures on simplifying
administrative procedures stated in article 1, 2, 3, 4 and 5 of Section A, Part
V of the simplification Plan attached herewith this Resolution, issued before
July 31, 2010.
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A. Contents
of the Simplification plan
1. Procedures for
"Granting work permits to foreigners working in Vietnam in the form of
labor contract" (B-BLD-059 602-TT) and procedures for "Granting work
permits to foreigners working under commercial contracts
"(B-BLD-060110-TT)
- Remove curriculum vitae in the
application file for work permits
- Reduce the time limit of the
proceedings from 15 days to 10 working days
- Set the term of validity of
the work permit at the request of employer but not to exceed 36 months
- Reproduce the sample request
documents for work permits for foreigners, in which making addition to the list
of foreigners nominated for work permits with information needed for both the
granting procedures and the management of the granted; languages used in the
sample documents are English and Vietnamese.
- Specify ways of getting the
sample request paper and registration form for recruitment as the followings:
+ Directly getting at the
competent State Administrative agencies
+ Get printed forms from
websites of State Administrative competent agencies;
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- Apply the mechanism for
joint-agencies, enhancing the cooperation between the State management agency
on labor and Immigration control agency under the Ministry of Police by the
stipulation that after granting work permits, employer must send a list of
persons granted work permits to Immigration control agency for checking and
issuing cards of temporary residence for foreigners working in Vietnam.
- Supplement the stipulation on
competence, order and basis for cases of expulsion and request documents for
ordering expulsion.
- Remove the provisions on work
permits exemption for “Foreigners working in Vietnam for less than 03 (three)
months" in Point a, Clause 1, Article 9 of Decree No. 34/2008/ND- CP of 25
March 2008 as c and f, Clause 1, Article 9 of Decree No. 34/2008/ND-CP clearly
stipulate particular cases working under three months receive exemption from
work permits .
2. Procedures for "Granting
work permits to foreigners who are representatives of non-governmental
organizations working in Vietnam" - B-BLD- 060 115-TT
- Exempt work permits for
foreigners who are chief representatives (including the Chief Office
Representative, Project Director or foreigners authorized by non- governmental
organization to be representative of the organization in Vietnam) of non-
governmental organization (NGO) operating in Vietnam.
3. Procedures for
"Granting work permits to foreigners moving within their cooperation
(B-BLD-059 603-TT)
- On complying subjects:
Classify clearly the two group of complying subjects, including:
+ Complying subjects are
foreigners moving within their own cooperation for enterprises operating within
the service sectors which is under Vietnam commitment to WTO accession (there
are 11 major service sectors, including: business service; information service;
construction services; distribution services; education services; environment
services; finance service; health services; tourism service; entertainment and
culture service; and transportation service);
+ Complying subjects are
foreigners moving within their own cooperation for enterprises operating within
the service sectors which is not under Vietnam commitment to WTO accession
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4. Procedures for
"Re-granting work permits to foreigners working in Vietnam"
(B-BLD-001 784-TT)
- Specify the basis for the
re-issuance of work permits (lost, damaged, changes of passport or workplace
...);
- Remove the composition of the
dossiers prescribed at Point b, c, Clause 2 of Article 11 of Decree No.
34/2008/ND-CP. Amend the stipulation on reasons for re- issuing the licenses in
Point a, Clause 2 of Article 11 of this Decree;
- Reduce the duration for
processing dossiers and re-granting to 03 working days from the date of receipt
of the complete and valid dossiers;
- Specify the term of validity
for the re-granted work permits.
5. Procedures for
"establishing centers for occupation introducing under the decision for
establishment by the Chairman of the People Committee at provincial level"
(B-BLD-060 121-TT)
- Remove the provisions on the
establishment of occupation introduction centers, carry out research on methods
to effectively manage and maintain those centers established and being under
operation.
- Consider to supplement
regulations on changing the current Occupation Introducing Centers which are of
administrative form into private service form for the management of individual
or organization and for the State reclaim of investment capital. Accordingly,
heads of the competent bodies for establishing occupation introducing centers
shall have the rights to make this change. Time-limit for the conversion is
five (05) years, State mechanisms and policies preferential for such
organizations are:
- Tax incentives;
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- Rights to join in venture and
joint-venture to carry out activities related to Occupation Introduction;
- Rights to receive State
funding in the following cases:
+ Undertake tasks set by the
State;
+ Carry out science and
technology research on occupation introduction that need subsidy;
+ Carry out the national
targeting program on occupation introduction;
+ Carry out the programs on
training and higher educating for laborers, counselling, introducing and
vocational training for workers of social policy for the disadvantaged;
+ Rights to enjoy other
financial assistance etc.,
6. Procedures for
"granting operation license for enterprises operating in the field of
occupation introduction" (B-BLD-001794-TT)
- The implementation process:
Stipulate the addition of an inter-connection mechanism between procedures for
licensing occupation introducing service and procedures for licensing the
service of sending laborers to work overseas for cases of businesses
registering the occupation introducing service within the country and sending
laborers to work overseas and vice versa. The only one license must clearly
specify those two above services. The first competent agency to receive the
dossier for business registration shall take on main responsibility and shall
be the agency directly dealing with enterprises.
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- For conditions for the
processing procedures: Replace the condition for employees with the condition
for head of the enterprises. Assign responsibility and autonomy to head of the
enterprises in recruiting employees to ensure efficient operation of the
enterprises in the field of occupation introducing.
- Combine and add regulations on
locations for carrying out occupation introducing activities with a representative
office or branch of the enterprise and clearly state these in the certificate
of business registration of the branch or representative office. For the
relocation of head office, enterprises must send notification not only to the
competent business registration bodies but also to the agency issuing the
license for occupation introducing business and make announcements on mass
media.
- During the implementation
process for occupation introducing activities, enterprises must publicize the
forms of labor supplying contract, labor broking service contract issued by
competent labor control agencies.
7. Procedure for
"Receiving registration for salary scale and list of paid salaries of
non-state owned enterprises" (B-BLD-003482-TT) and procedures for
"Registering collective labor agreement of the enterprise"
(B-BLD-033210 -TT)
- Abolish the two above (02)
procedures.
8. Procedure for
"Issuing social insurance certificates for participants of compulsory
social insurance" (B-BLD-001 600-TT; B-BXH-062 226-TT)
- For the composition and
quantity of the dossier: abolish the copy of birth certificate of workers; edit
template List of social workers having social insurance, unemployment insurance
by adding basic related information to recruitment decisions or decisions on
wages or employment contracts for the issuance of social insurance and
collection of social insurance fees. Accordingly, removing parts of the
recruitment decision or decision on wages or employment contracts; such
employment contracts are contracts with employers who are individuals hiring
and using labors having the social insurance certificates for the cases of
compulsory social insurance. Specify the number, originals or copies of
business registration certificates or decision of business establishment.
- For the implementation
process: Uniformly guide the process for implementing the procedures for social
insurance registration and procedures for social insurance certificate issuance
for enterprises; regulate dossier processing between divisions within the
social insurance agency.
- For the time limit of the
administrative procedures processing: Reduce the time limit of processing from
30 working days 20 working days from the date of receipt of complete and valid
dossiers of participants of compulsory social insurance and unemployment
insurance.
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9. Procedures for
"issuing social insurance certificates for participants of the voluntary
social insurance" (B-BLD-001 506-TT; B-BXH-062 700-TT)
- For the implementation
process: Uniformly guide the process for implementing the procedures for
voluntary social insurance registration and procedures for social insurance
certificate issuance for participants of voluntary social insurance. Regulate
dossier processing between divisions within the social insurance agency and
time limit for processing of each division.
- For the time limit of the
administrative procedures processing: Reduce the time limit of processing from
20 working days 10 working days.
- For the forms of social
insurance certificate and declaration for registration for social insurance,
health insurance, unemployment insurance: Improve forms of social insurance
certificate and declaration for registration of social insurance, health
insurance, unemployment insurance. Research and introduce information
technology to manage social insurance certificates/ participants of social
insurance, gradually replace the current the social insurance certificates of
Vietnam Social Insurance Company.
10. Procedures for
"Confirming term to enjoy social insurance for individuals working abroad
under fixed term in accordance with the Agreement of the Government and
individuals working as captain, interpreter, region officer and receiving
salary by foreigners but having returned before January 1st 2007 and currently
paying social insurance fees” (B-BLD-001 744-TT; B-BXH-063 337- TT)
- For the time limit of
administrative procedures: Add provisions on time limits for the procedures:
not exceeding 15 working days from the date receipt of complete and valid
documents for cases of workers having social insurance certificates; not
exceeding 20 working days from the date of receipt of complete and valid
documents for cases of workers not having social insurance certificates
(including time limit for certificate issuance and confirmation.)
- For the composition of the
dossier: Add provisions on the number of dossiers submitted; abolish the
"Original of the decision on assignment" in the dossier; specify the
compositions of the application dossier submitted to the competent agencies to
issue "confirmation of the working term to get social insurance" to
include only the application of the applicant.
B.
Responsibility for the implementation of the simplification plan
1. For measures to simplify
administrative procedures related to the amendment and supplement of laws and
ordinances:
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- To chair and undertake
responsibilities in supplementing and revising the Labor Code project in
accordance with the contents of the administrative procedures stated in
articles 2, 3, 5 and 7, Section A, Part VII of the simplification plan attached
herewith this Resolution, before submitting to the National Assembly.
- To chair and coordinate with
the Ministry of Justice, the Government Office and other ministries and
departments in developing the Project on amending, supplementing some articles
of Social Insurance Law in 2006 to implement the measures for simplification of
administrative procedures stated in article 7, 8 and 9, Section A, Part VII of
the simplification plan attached herewith this resolution, to be submitted to
the Ministry of Justice and the Government before November 30, 2010.
- To chair and coordinate with
the Ministry of Justice, the Government Office and other related ministries and
departments in issuing the draft Decree on the conditions and procedures for
the establishment and operation of the occupational service organization to
replace Decree No. 19/2005/ND-CP dated 28 February 2005 of the Government on conditions
and procedures for the establishment and operation of occupation introducing
enterprises and Decree No. 71/2008/ND-CP of June 5, 2008 by the Government
amending and supplementing some articles of Decree No. 19/2005/ND-CP dated 28
February 2005 of the Government on the conditions and procedures for the
establishment and operation of occupational service organization, which shall
fully reflect the contents of simplifying administrative procedures as stated
in article 4, 5, Section A, Part VII of the simplification plan attached
herewith this Resolution, to be submitted to the Government before December 31,
2010.
- Draft Circular on guidelines
for some provisions of the Decree on conditions and procedures for the
establishment and operation of occupational service organizations, replacing
Circular No. 20/2005/TT-BLDTBXH of 22 June 2005 by the Ministry of Labor - War
Invalids and Social Affairs on guiding some articles of Decree No.
19/2005/ND-CP dated 28 February 2005 of the Government in on the conditions and
procedures for establishment and operation of occupation introducing
enterprises; Circular 27/2008/TT-BLDTBXH dated 20 November 2008 amending and
supplementing Circular No. 20/2005/TT-BLDTBXH guiding some articles of Decree
No. 19/2005/ND-CP on conditions and procedures for establishment and operation
of occupation introducing enterprises and Decree No. 71/2008/ND-CP amending and
supplementing some articles of Decree No. 19 / 2005/ND-CP, enclosed the draft
of the Decree on the conditions and procedures for the establishment and
operation of occupational service organizations, to be submitted to the
Government before December 31, 2010.
b) To Assign The Ministry of
Public Security
To chair and coordinate with the
Foreign Ministry, Ministry of Labor - Invalids and Social Affairs and the
Ministry of Justice, and other related ministries and departments on
supplementing regulations on the emigration, immigration and residence of
foreign labors in Vietnam and cases of expellees if working in Vietnam without
a work permits in accordance with the content of simplifying administrative
procedures stated in articles 1, 2 and 3 of Section A of Part VII of the
simplification plan attached herewith this resolution, into the law project of
emigration, immigration and residence of foreign labors in Vietnam and submit
to the Government within August 2010
2. For the measures to
simplify administrative procedures not related to the amendment and supplement
of laws and ordinances:
a) To Assign The Ministry of
Labour - War Invalids and Social Affairs
- To chair and coordinate with
the Ministry of Justice, the Government Office and other related ministries and
departments issuing the draft of Decree on amending, supplementing,
superseding, abolishing or revoking related provisions of the following decrees
to implement administrative procedures stated in article 1, 2, 3, 4 and 7 of
Section A of Part VII of the simplification plan attached herewith this
resolution, to be submitted to the Government before July 31, 2010:
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+ Decree No. 196/CP dated 31
December 1994 of the Government detailing and guiding the implementation of some
articles of the Labor Code on collective labor agreements;
+ Decree No. 93/2002/ND-CP dated
11 November 2002 amending and supplementing some articles of Decree No. 96/CP
of December 31, 1994 of the Government detailing and guiding some articles of
the Labor Code on collective labor agreements;
+ Decree No. 34/2008/ND-CP dated
25 March 2008 on recruitment and management of foreigners working in Vietnam;
+ Decree No. 113/2004/ND-CP
dated 16 April 2004 of the Government imposing administrative sanctions for
violations of labor laws
- Draft of the Circular on
amending, supplementing, superseding, abolishing or revoking the relevant
regulations of the following circulars in accordance with the contents to
simplify administrative procedures stated in article 1, 2, 3, 6 and 9, Section
A of Part VII of the simplification plan attached herewith this Resolution to
be issued prior to July 31, 2010:
+ Circular No.
08/2008/TT-BLDTBXH of June 10, 2008 of the Ministry of Labor - War Invalids and
Social Affairs guiding the implementation of some articles of Decree No.
34/2008/ND-CP dated 25 March 2008 of the Government on the recruitment and
management of foreigners working in Vietnam;
+ Circular on amendment and
supplement of Circular No. 24/2007/TT- BLDTBXH of November 9, 2007 of the
Ministry of Labor - Invalids and Social Affairs guiding the calculation of time
to enjoy social insurance under Decision No. 107/2007/QD-TTg by the Prime
Minister;
+ Circular No.
13/2003/TT-BLDTBXH of May 30, 2003 by the Minister of Labor - War Invalids and
Social Affairs guiding the implementation of some articles of Decree No.
114/2002/ND-CP dated 31 December 2002 of the Government on wages for employees
working in enterprises operating under the Enterprise Law;
+ Circular No. 28/2007/TT-BLDTBXH
of December 5, 2007 of the Ministry of Labor- War Invalids and Social Affairs
revising Circular13/2003/TT-BLDTBXH and Circular 14/2003/TT-BLDTBXH of May 30,
2003 of the Ministry of Labor - War Invalids and Social Affairs guiding the
implementation of some articles of Decree No. 114/2002/ND-CP of December 31,
2002 of the Government providing detailing and guiding the implementation of
some articles of the Labor Code on wages.
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To chair and coordinate with the
Ministry of Labor - War Invalids and Social Affairs, Ministry of Justice, the
Government Office and other related ministries and departments in issuing the
draft of the Decree amending and supplementing some articles of Decree No. 15 /
2009/ND-CP dated 13 February, 2009 by the Government amending and supplementing
some articles of Decree No. 97/2006/ND-CP of September 15, 2006 prescribes the
application of sanctions for foreigners working in Vietnam violating the
regulations on recruitment and management of foreigners working in Vietnam, to
be submitted to the Government before July 31, 2010.
c) To Assign the Ministry of
Home Affairs
To chair and coordinate with the
Ministry of Labor - War Invalids and Social Affairs, Ministry of Justice,
Ministry of Public Security, the Government Office and other related ministries
and departments in issuing the draft of the Decision by the Prime Minister on
the promulgation of regulations and operations of non-governmental
organizations in Vietnam to replace Decision No. 340/TTg of May 24, 1996 by the
Prime Minister promulgating the regulations and operation of the NGOs in
Vietnam, to be submitted to the Government before July 31, 2010.
d) To Assign The Vietnam Social
Insurance
To review and draft documents to
amend and supplement related provisions to simplify the procedures stated in
article 7, 8 and 9, Section A, Part VII of the simplification plan attached
herewith this Resolution to replace the following documents and to be issued
before July 31, 2010:
- Document No. 1564/BHXH-BT of
June 2, 2008 of the Vietnam Social Insurance on the Guidelines on procedures
for participation and enjoyment of social insurance regime for voluntary social
insurance participants;
- Decision No. 555/QD-BHXH of
May 13, 2009 by the General Director of Vietnam Social Insurance regulating the
issuance, control and use of social insurance certificates;
- Decision 1339/QD-BHXH on the
form of social insurance certificate;
- Document No.1615/BHXH-CSXH of
June 2, 2009 of the Vietnam Social Insurance.
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1. Procedures for
"decision on testing and assaying of veterinary medicine" - B-006
296-TT-BNN
- To replace the
"registration dossier for each product circulation" in the dossier
with "The technical dossier for each product." Of which, the
technical dossier to include: summary of product characteristics, technical
information about the quality of the product and technical information about
the safety and expiry of the product.
- To abolish regulations on
individuals, organizations must submit a " Practice certificate on testing
and assaying of veterinary drugs or the person in charge of the technical field
of testing and assaying” when submitting an application for testing and
assaying veterinary medicine.
- Expand the scope and of
veterinary drugs (excluding vaccines) exempted from testing, assaying if
originated from countries, regions which have the capacities and conditions to
produce veterinary drugs equal to that of Europe.
2. Procedures for
"issuing certificate of circulation of veterinary medicine" - B-006
296-TT-BNN
- For the composition of the
dossier:
+ To specify types of documents
in the dossier submitted to distinguish the procedures for registration of
veterinary medicine production, registration for recognition of establishments
eligible to import veterinary drugs and registration for circulation of
veterinary medicine;
+ To specify types of GMP or ISO
certificate; product circulation license (MA) in producing countries or other
countries; product quality analysis form (CA) (for imported products) is
original, or copies certified or authenticated, or copies enclosed with the
original to compare;
+ To specify drugs tested and
assayed, make request on the submit of "Testing and assaying results"
without submitting “Form of veterinary drug testing by the testing center for
veterinary medicine”;
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- Stipulate validity term of the
certificate of registration for circulation of veterinary medicine granted for
the first time is 05 years.
- Specify that veterinary drugs
are circulated right from the date of issuance of the registration certificate
(registration numbers).
- Abolish the requested
information on dosage forms of the products, ingredients and concentration of
substances in products and other forms of package products, the indication for
the treatment and dosage used for each animal species; time to stop using the
drug for each animal species to exploit the meat, eggs and milk in the
registration form for circulation of veterinary drugs.
3. Procedures for
"Checking and recognition of aquaculture producing and trading enterprises
meeting the standards of hygiene and food safety (under the authority of the
Ministry of Agriculture and Rural Development) - BNN-043 732- B- TT;
4. Procedures for “Checking
and recognition of aquaculture producing and trading enterprises meeting the
standards of hygiene and food safety (under the authority of the Department of
Agriculture and rural Development)" - BNN-043 889-B- TT
- Abolish regulation on
dossier’s comprising the “quality control program and procedures for product
traceability" and specify the dossier for registration of first-time
inspecting including:
+ Registration paper for
inspection;
+Aquaculture product processing
enterprises must enclose: Report on the current sanitary conditions, List of
major products, technical process maps and synthesis of the HACCP plan.
- Specify that registration
dossiers after correcting errors must include report on correcting errors.
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- Clearly stated that within 03
(three) working days after receiving the dossiers, the competent body must
consider and guide the enterprises to supplement missing or non- appropriate
points.
- Clearly stated within 05
(five) working days, if the registration dossiers are complete and valid, the
inspection agency shall notify the enterprise of official time for inspection.
- Specify the maximum time of 07
(seven) working days from the date of inspection, the competent agencies must
grant certificates of FHS or send notification to those aquaculture producing
and trading enterprises not satisfying the FHS conditions.
- To Assign Ministry of Agriculture
and Rural Development decentralize the division, and objects under control
between aquaculture quality control at central and grassroots level under the
principle of controlling threats (common and extraordinary threat) and the
degree of risk (instant food and food having threats associated with species of
high-risk groups).
- To Assign Ministry of Health
to coordinate with the Ministry of Agriculture and Rural Development, Ministry
of Trade and Industry in coordinating and assigning in inspection and issuing
certificates of establishments satisfying the conditions of food hygiene and
safety.
- To add to the form of
registration for inspection recognition of aquaculture producing and trading
enterprises meeting FHS in terms of number, date, agency issuing certificate of
business registration.
- Abolish section "4.3.
Listing quality management program for products/groups of products attached
with the program "in the report on current conditions to ensure food
hygiene and safety of the aquaculture producing and trading enterprises.
5. Procedures for the
"Inspection and certification of quality, hygiene and food safety of
aquaculture products for exportation" - B-044 054-TT-BNN
- Combine the activities of
“Quarantining lots of aquatic animals and aquatic animal exported goods used as
food" and the activities of "Testing and recognizing quality, hygiene
and food safety of aquatic exported goods "into 01 procedure"
quarantine and inspection of quality, food hygiene and safety of aquatic
exported goods.”
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- Issue the sample form of
declaration for shipment details.
- Specify the maximum time of 07
(seven) working days after the inspecting, and sampling at sight, the competent
bodies must issue certificates of quality, food hygiene and safety for
aquaculture products, or send FSH Notification of the products not satisfying
the requirement for quality and FSH as for lots of canned products.
6. Procedures for "quarantining
aquatic animals, aquatic animal products as exported goods" - B-043
599-TT-BNN
- Abolished this procedure.
- Combined the activity of
"Quarantining lots of aquatic animals and aquatic animal products as
exported foods" and the activities "Testing and certifying quality,
hygiene and food safety of exported aquatic goods "into 01 procedure for
“quarantining and inspecting quality, food hygiene and safety of exported
aquatic products. "
7. Procedure for
"Inspecting and certifying quality, hygiene and food safety of imported
aquatic goods" - B-044 062-TT-BNN
- Abolish regulations on a copy
of the certificate of quality and food hygiene and safety for aquatic products
for lots of raw material of seafood imported directly from fishing vessels with
refrigerator equipment (on conditions that the ship is in the list of imports
to Vietnam, and each lot of goods must have a copy of the certificate of
eligibility to ensure food hygiene and safety of fishing vessels by the
competent bodies).
- Issue the sample form of
Declaration on shipment details
- Specify the maximum time of 07
(seven) working days after the inspection, and sampling at sight, the competent
bodies must issue certificates of quality, food hygiene and safety for aquatic products,
or FSH Notification for products not satisfying the standards of quality, and
food hygiene and safety as for lots of imported canned products.
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B.
Responsibility for the implementation of the simplification plan
1. For measures to simplify
administrative procedures relating to the amendment and supplement of laws and
ordinances:
a) To Assign The Ministry of
Agriculture and Rural Development
- To chair and coordinate with
other related ministries and departments in issuing draft of the Ordinance
amending, supplementing, superseding, abolishing or revoking the relevant
provisions in Ordinance No. 18/2004/PL-UBTVQH11 dated 29 April, 2004 on
veterinary-related issues to simplify administrative procedures stipulated in
article 2, Section A, Part VIII of the simplification plan attached herewith
this Resolution, to be sent Ministry of Justice General for synthesis and
submitted to the Government before November 30, 2010.
- To chair and coordinate with
related ministries and departments to develop draft of the Circular amending,
supplementing, superseding, abolishing or revoking the relevant provisions in:
+ Decision No. 10/2006/QD-BNN
dated 10 February, 2006 by the Minister of Agriculture and Rural Development on
registration procedures for the production, importation, and circulation of
veterinary drugs and raw materials for veterinary drugs, biological
preparations, microorganisms and chemicals used for veterinary-related
purposes;
+ Decision 117/2008/QD-BNN dated
11 December 2008 by the Minister of Agriculture and Rural Development on the
Regulation on inspection and recognition of aquaculture producing and trading
enterprises satisfying the conditions of Food hygiene and safety.
in order to implement the
simplification measures for administrative procedures stated in article 2, 3
and 4, Section A, Part VIII of the simplification plan attached here with this
resolution, to be submitted to the Government for consideration, enclosed with
the draft ordinance submitted to Standing Committee of the National Assembly
before 31 December 2010.
b) To Assign The Ministry of
Health
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- To chair and coordinate with
other related ministries and departments in issuing the draft of the Decree
amending, supplementing, superseding, abolishing or revoking the relevant
provisions in Decree No. 163/2004/ND- CP of September 7, 2004 of the Government
detailing the implementation of some articles of the Ordinance on food hygiene
and safety to implement the simplification measures for administrative
procedures stated in article 3 and 4, Section A, Part VIII of the
simplification plan attached here with this Resolution, to be submitted to the
Government for consideration and decision before 31 December 2010, enclosed
with the draft ordinance submitted to the Standing Committee of the National
Assembly.
2. For measures to simplify
administrative procedures not related to the amendment and supplement of laws
and ordinances:
a) To Assign The Ministry of
Agriculture and Rural Development
- To chair and coordinate with
other related ministries and departments in issuing the draft of the Circular
amending, supplementing, superseding, abolishing or revoking relevant
provisions in:
+ Decision 71/2007/QD-BNN of 06
August 2007 by the Minister of Agriculture and Rural Development regulating the
order and procedures of testing and assaying veterinary drugs;
+ Decision 98/2007/QD-BNN dated
03 December 2007 by the Minister of Agriculture and Rural Development on the
amendment and supplement of Decision 71/2007/QD-BNN dated 06 August 2007 by the
Minister of Agriculture and Rural Development;
+ Decision No. 118/2008/QD-BNN
of 11 December, 2008 by the Minister of Agriculture and Rural Development on
the Regulation on inspection and recognition of quality, food hygiene and
safety of aquatic products;
+ Circular No.
06/2010/TT-BNNPTNT 02 dated 02 February 2010 of the Ministry of Agriculture and
Rural Development regulating the orders and procedures for quarantine of
aquaculture and aquaculture products.
to implement the simplification
measures for administrative procedures stated in article 1, 5, 6 and 7, Section
A, Part VIII of the simplification plan attached here with this Resolution, to
be submitted before July 31, 2010.
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- To chair and coordinate with
the Ministry of Agriculture and Rural Development and other related ministries
and departments in issuing the draft of the Decision 50/2006/QD-TTg dated 7 March,
2006 by the Prime Minister promulgating the list of products, goods must be
checked for quality to implement the simplification measures for administrative
procedures stated in article 7, Section A, Part VIII of the simplification plan
attached here with this Resolution, to be submitted to the Prime Minister for
consideration and decision before July 31, 2010.
c) To Assign the Ministry of
Finance
- To chair and coordinate with
the Ministry of Agriculture and Rural Development and other related ministries
and departments in issuing the draft of the Joint-Circular amending,
supplementing, superseding, abolishing or revoking the relevant provisions in
Circular No. 17/2003/TTLT-BTC-BNNPTNT-BTS dated 14 March 2003 of the
Joint-ministries between Ministry of Finance, Ministry of Agriculture and Rural
Development, and Ministry Fisheries, providing guidelines on the inspection and
monitoring of imported and exported goods under the animal and floral
quarantine, fishery quarantine to implement the simplification measures for
administrative procedures stated in article 5 and 6, Section A, Part VIII of
the simplification plan attached here with this Resolution, to be issued before
July 31, 2010.
IX. THE PLAN
TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES OF PRIORITY REVIEW UNDER THE CONTROL
OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
A. Contents
of the simplification plan
1. Agricultural land
allocation procedures for households and individuals (commune) - BTM-062
773-B-TT
- Specifying the criteria
(demographic, labor practice, economic conditions, incentives ...) and
conditions (also land ...) to be allocated agricultural land;
- Specifying the time limit for
the People's Committees of communes, wards and towns for verification and comment
on the application for confirmation of the allocation of households and
individuals to registration offices of land use rights used as engine
Department for review and assessment records for land allocation (file by
People's Committees of communes, wards and towns up).
- Specifying the time limit for
agencies (Office of land use right registration, Department of Natural
Resources and Environment, the district People's Committee) to complete the job
(sequential implementation of administrative procedures).
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Amending provisions on the scope
of the object must implement certification procedures is committed to
protecting the environment, narrowing towards the object, only specified lines
or areas at risk of causing environmental pollution New to perform this
procedure.
3. Procedures for evaluation
and approval of reports on environmental impact assessment (EIA) (provincial) -
B-003 674-TT-BTM
To amend and supplement the
provisions in the part of the record is 01 (a) the report or reports of
investment - economic or technical projects or similar document of the project
(the project was established by the in the process of applying investment) be
signed together with the names and titles of all projects and sub-stamped in
the cover page.
4. Procedures for Evaluation
and approval of reports on environmental impact assessment supplement
(additional EIA), (central) - B-003 084-TT-BTM
Annul the evaluation and approval
of reports on environmental impact assessment supplement (supplement AEI).
5. Procedures for Evaluation
and approval of reports on environmental impact assessment supplement
(additional EIA) (provincial) - B-099 459-TT-BTM
Annul this procedure.
6. Procedures for Issuance of
certificates of eligibility to import waste (provincial) - B-061 266-TT-BTM
This page specified period of
validity of the certificate of eligibility to import scrap from 12 months (01
years) after the grant is valid for up to 36 months (03 years) from the date of
grant.
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8. "New Procedures for
processing license, hazardous waste disposal (provincial) - B-061 993-TT-BTM
These included two procedures
into a procedure for simultaneously towards license handling and destruction of
hazardous waste license and transportation of hazardous waste at the same time
clearly defining the responsibility of the transport handling or disposal
practice for shipping, handling and disposal of hazardous wastes.
9. Procedures "Grant
license to exploit and use groundwater for projects with a flow of 3.000m3/ngay
night (central level) - B-001 769-TT-BTM
a) The composition profile:
- Repeal provisions in the composition
profile is the scheme of groundwater exploitation. Put some content in the
scheme needed to exploit underground water (plan, project layout, design,)
exploitation wells in the reports on the results of exploration and evaluation
of mining reserves Report on the ground and underground water exploitation.
+ Shrink statement structure of
exploration and evaluation capacity of underground water exploitation plan from
9 to 6 chapters, namely: chapter 3, 8, 9; clarify the contents of chapter 4, 7;
+ Shrink Status report
structural exploitation of underground water from 5 categories to 3 categories,
namely: remove Section I, II;
- Clear map or diagram of
geology at 1:50,000 scale - 1:25.000 in the Appendix to report on results of
exploration and evaluation of reserves of underground water exploitation.
- Amend the provisions of the
land records as follows: a notarized copy or copy and attach for comparison or
a copy certified by the agency or licensing organization's registration
certificate certificate or valid papers on land use rights where the
exploitation well in accordance with the law of the land.
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- Annul the provisions of the
people's committee must be certified by competent authorities in cases where
the exploitation well land not under the land use right of organizations and
individuals for granting permission (In this case, only a written request
agreement for land use between organizations and individuals exploiting
organizations and individuals using land).
b) The duration of
administrative procedures: Additional prescribed period of validity of licenses
for projects with exploitation of water resources to ensure long-term stability
value of at least 5 years.
c) On the application form,
missing part of the certification of the People's Committees of communes, wards
for organizations and individuals have no legal status and seals.
Additional regulations submit a
copy of the ID card of the individual, the representative organization for
granting permission.
10. Procedures "with
licenses for underground water exploitation under 3.000m3/ngay night"
(provincial) - B-003 653-TT-BTM
a) The composition profile:
- Annul the provisions of the
scheme documents have the exploitation of underground water. Put some content
needed in a project on underground water exploitation:
+ Report the results of
exploration and evaluation of underground water reserves for the flow of work
and under 3000m3/ngay 200m3/ngay night night statement well construction,
exploration and exploitation of groundwater for public under the flow of
200m3/ngay night;
+ Status report cases of exploitation
of underground water exploitation projects are operating.
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+ Report the results of
exploration and evaluation capacity of underground water exploitation in case
the flow of work 200m3/ngay night;
Report + results well
construction in case of exploitation of works under traffic 200m3/night;
+ Status report on the
exploitation of underground water in case of exploitation of underground water
is running.
- Amend the provisions of the
land records as follows: a notarized copy or copy and attach for comparison or
a copy certified by the agency or licensing organization's registration
certificate or valid papers on land use rights where the exploitation well in
accordance with the law of the land.
Additional provisions of the
dossier-receiving officials are responsible for testing and comparison with the
original copy and confirm the validity of documents.
- Put the certification of the
People's Committee competent authorities in cases of land where the
exploitation well not the land use right of organizations and individuals for
granting permission. (In this case only requires a written agreement for land
use between organizations and individuals exploiting organizations and
individuals using land).
b) The duration of
administrative procedures: Additional prescribed period of validity of licenses
for projects with exploitation of water resources to ensure long-term stability
value of at least 5 years.
c) On the application form,
missing part of the certification of the People's Committees of communes, wards
for organizations and individuals have no legal status and seals.
Additional copies for submission
of proof of people's personal representative organizations requesting
authorization.
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a) The composition profile:
- Project Shrink structured
exploration of underground water from chapter 8 to $ 5 chapters namely: chapter
2, 3, 7; to clarify the content of Chapter 4, 6.
- Annul the provisions of
section maps or records are the geological map at 1:50,000 scale - 1:25.000 in
the Appendix to exploration projects for underground water.
- Annul the provisions of the
profile is "certified copy of certificate or valid papers on land use
rights at the exploration in accordance with the law on land or have the text
of the People's Committee authority allows the use of land for exploration.
"
b) On the application form:
confirmation abolished the People's Committees of communes, wards for
organizations and individuals have no legal status and seals.
Additional copies for submission
of proof of people's personal representative organizations requesting
authorization.
12. Procedures "with
licenses for underground water exploration projects with the flow under
3.000m3/ngay night" (Provincial Level) - B-004 492-TT-BTM
a) The composition profile:
- Project Shrink structured
exploration of underground water for flow of work 200m3/ngay 3000m3/ngay night
from 6 to under chapter down to 4 chapters, namely: chapter 2, 5, as clearly
Content Chapter 3, 4.
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- Annul the provisions of the
profile is "certified copy of certificate or valid papers on land use
rights at the exploration in accordance with the law on land or have the text
of the People's Committee authority permitting the use of land for exploration.
"
b) Forms:
Clear confirmation of the
People's Committees of communes, wards for organizations and individuals have
no legal status and seals.
Additional copies for submission
of proof of people's personal representative organizations requesting
authorization.
13. Procedures "for
mineral prospecting permits" (central level) - B-003 648- TT-BTM
Annul this procedure.
14. Procedures "for
mineral prospecting permits" (Provincial Level) - B-095 003-TT-BTM
Annul this procedure.
15. Procedures "for
mineral exploration permit" (central level) - B-009 956- TT-BTM
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- Additional provisions as 01
the number of records, personal and project drawings are accompanied by 03
copies.
- Amend the provisions of the
legal records of organizations and individuals as follows: a notarized copy or
copy and attach for comparison or a copy certified by the agencies and
organizations registration of licensing documents certifying the legal status
for organizations applying for mining licenses are held in countries that are
not institutions have been granted exploration permits or licenses for
investment organization applying for mining permits are foreign organizations
or joint ventures with foreign partners.
Additional provisions of the
dossier-receiving officials are responsible for testing and comparison with the
original copy and confirm the validity of documents.
b) The execution time of
administrative procedures: Additional provisions of the consultation period the
concerned agencies on issues relating to the licensing of mineral activities.
c) The fee: To annul regulations
on payment of deposit or deposit equal to 25% of the estimated exploration cost
of the first year (one was made) before issuing permits for mineral
exploration.
d) On the application form,
declaration form
- This name form is:
"Application for mineral exploration."
- Remove the phrase
"personal" at the top, left side of the form.
- Remove the phrase
"survey" in the title map.
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- This stipulates: "The
area of application for prospecting permit, exploration and mining shall be
delineated on a topographic map coordinates perpendicular VN2000, a rate not
less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and
1: 5000 for the mining area "to" form the map area permit
exploration, mining was delineated from the background maps pictures,
coordinates perpendicular VN2000 system, zone 60 projection. Map scale is defined
as follows:
+ Area > 50km2 ratio is 1: 50
000;
+ ≤ 50 km2 area ratio 1: 10 000;
+ For the mining area map, scale
not less than 1: 25 000. "
16. Procedures "for
mineral exploration permit" (provincial) - B-003 095- TT-BTM
a) The composition profile
- Additional provisions as 01
the number of records, personal and project drawings are accompanied by 03
copies.
- Amend the provisions of the
legal records of organizations and individuals as follows: a notarized copy or
copy and attach for comparison or a copy certified by the agencies and
organizations registration of licensing documents certifying the legal status
for organizations applying for mining licenses are held in countries that are
not institutions have been granted exploration permits or licenses for
investment organization applying for mining permits are foreign organizations
or joint ventures with foreign partners.
Additional provisions of the
dossier-receiving officials are responsible for testing and comparison with the
original and acknowledge the validity of documents.
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c) The fee: To annul regulations
on payment of deposit or deposit equal to 25% of the estimated cost of early
exploration (done 1 time) before issuing permits for mineral exploration.
d) On the application form,
declaration form
- This name form is:
"Application for mineral exploration."
- Remove the phrase
"personal" at the top, left side of the form.
- Remove the phrase
"survey" in the title map.
- Skip the supplements at the
right corner of map.
- This stipulates: "The
area of application for prospecting permit, exploration and mining shall be delineated
on a topographic map coordinates perpendicular VN2000, a rate not less than
1:100,000 for the survey area; 1: 10,000 for the exploration area and 1: 5000
for the mining area "to" form the map area permit exploration, mining
was delineated from the background maps pictures, coordinates perpendicular
VN2000 system, zone 60 projection. Map scale is defined as follows:
+ Area > 50km2 ratio is 1: 50
000;
+ ≤ 50 km2 area ratio 1: 10 000;
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17. Procedures "mining
licenses" (Central level) - B-001757-TT-BTM
a) The composition profile
- Additional provisions as 01
the number of records, individual map sheets three mining areas.
- Amend the provisions of the
legal records of organizations and individuals as follows: a notarized copy or
copy and attach for comparison or a copy certified by the agencies and
organizations registration of licensing documents certifying the legal status
for organizations applying for mining licenses are held in countries that are
not institutions have been granted exploration permits or licenses for
investment organization applying for mining permits are foreign organizations
or joint ventures with foreign partners.
Additional provisions of the
dossier-receiving officials are responsible for testing and comparison with the
original copy and confirm the validity of documents.
b) The execution time of
administrative procedures: Additional provisions of the consultation period the
relevant bodies on matters relating to the licensing of mineral activities.
c) On the application form,
declaration form
- This name form is: "The
application for mining."
- To remove the phrase
"personal" at the top, left side of the form.
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- Skip the supplements in the
right corner of the map.
- This stipulates: "The
area of application for prospecting permit, exploration and mining shall be
delineated on a topographic map coordinates perpendicular VN2000, a rate not
less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and
1: 5000 for the mining area "to" form the map area permit
exploration, mining is delineated from the background maps pictures,
coordinates perpendicular VN2000 system, zone 60 projection. Map scale is defined
as follows:
+ Area > 50km2 ratio is 1: 50
000;
+ ≤ 50th km2 area ratio 1:
10,000;
+ For the mining area map, scale
not less than 1: 25 000. "
18. Procedures "mining
licenses" (provincial) - B-003 171-TT-BTM
a) The composition profile
- Additional provisions specify
the number of records is 01, individual map sheets three mining areas.
- Amend the provisions of the
legal records of organizations and individuals as follows: a certified copy or
copy and attach for comparison or a copy certified by the agencies and organizations
registration of licensing documents certifying the legal status for
organizations applying for mining licenses are held in countries that are not
institutions have been granted exploration permits or licenses for investment
organization applying for mining permits are foreign organizations or joint
ventures with foreign partners.
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b) The execution time of
administrative procedures: Additional provisions of the consultation period the
concerned agencies on issues relating to the licensing of mineral activities.
c) On the application form,
declaration form
- This name form is: "The
application for mining."
- Remove the phrase
"personal" at the top, left side of the form.
- Remove the phrase
"survey" in the title map.
- Skip the supplements in the
right corner of the map.
- This stipulates: "The area
of application for prospecting permit, exploration and mining shall be
delineated on a topographic map coordinates perpendicular VN2000, a rate not
less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and
1: 5000 for the mining area "to" form the map area permit
exploration, mining was delineated from the background maps pictures,
coordinates perpendicular VN2000 system, zone 60 projection. Map scale is
defined as follows:
+ Area > 50km2 ratio is 1: 50
000;
+ ≤ 50 km2 area ratio 1: 10 000;
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19. Procedures "mineral
processing permit (central level) - B-002 516-TT-BTM
Annul this procedure.
20. Procedures "mineral
processing permit (Provincial Level) - B-003 184- TT-BTM
Annul this procedures.
21. Procedures "License
mineral exploitation" (Provincial Level) - B-003 268-TT-BTM
a) The composition profile
- Additional provisions as 01
the number of records, private mining map of the area is 3 sheets.
- Additional application form permits
full exploitation of minerals.
- Amend the provisions of the
legal records of organizations and individuals as follows: a notarized copy or
copy and attach for comparison or a copy certified by the agencies and
organizations registration of licensing documents certifying the legal status
for organizations applying for mining licenses are held in countries that are
not institutions have been granted exploration permits or licenses for
investment organization applying for mining permits are foreign organizations
or joint ventures with foreign partners.
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b) The execution time of
administrative procedures: Additional provisions of the consultation period the
concerned agencies on issues relating to the licensing of mineral activities.
22. Procedures "dossier
evaluation, review and approval of mineral reserves in mineral exploration
report" (provincial)-B-003 661-TT-BTM
Repeal regulations must be
notarized state for exploration plan and copy of licenses for mineral
exploration.
B.
Responsibility for the implementation of the simplification plan
1. For measures to simplify
administrative procedures relating to the amendment and supplement of laws and
ordinances:
To Assign the Ministry of
Natural Resources and Environment:
- To chair and coordinate with
other related ministries and departments in issuing the draft of Law on
amending, supplementing, superseding, abolishing or revoking the relevant
provisions in:
+ Law No.52/2005/QH11 of 29
November 2005 on Environmental Protection;
+ Law 46/2005/QH11 of June 14,
2005 on Minerals to implement the simplification measures for administrative
procedures stated in article 2, 13, 14, 19 and 20, Section A, Part VIII of the
simplification plan attached here with this resolution, to be sent to the
Ministry of Justice before November 30, 2010 for synthesis and to be submitted
to the Government for consideration and decision
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+ Decree 80/2006/ND-CP of August
9, 2006 of the Government detailing and guiding the implementation of some
articles of Law on Environmental Protection;
+ Decree No. 21/2008/ND-CP dated
28 May 2008 02 of the Government amending and supplementing some articles of
Decree No. 80/2006/ND-CP of August 9, 2006 of the Government detailing and
guiding the implementation of some articles of Law on Environmental Protection;
+ Decree No. 160/2005/ND-CP of
December 27, 2005 of the Government detailing and guiding the implementation of
the Minerals Law and the Law amending and supplementing some articles of the
Minerals Law to implement the simplification measures for administrative
procedures stated in article 2, 13, 14, 19 and 20, Section A, Part VIII of the
simplification plan attached here with this resolution, to be submitted to the
Government for consideration and decision before 31 December 2010, enclosed
with the draft of the Law to be submitted to the National Assembly
- Drafting Circular amending,
supplementing, superseding, abolishing or revoking the relevant provisions in:
+ Circular No. 05/2008/TT-BTNMT
of December 8, 2008 of the Ministry of Natural Resources and Environment
guiding strategic environmental assessment, environmental impact and
environmental protection commitments assessment;
+ Circular No. 01/2006/TT-BTNMT
dated 23 May 2006 of the Ministry of Natural Resources and Environment guiding
some articles of Decree No. 160/2005/ND- CP of December 27, 2005 of the
Government detailing and guiding the implementation of the Minerals Law and the
Law amending and supplementing some articles of the Minerals Law to implement
the simplification measures for administrative procedures stated in article 2,
13, 14, 19 and 20, Section A, Part VIII of the simplification plan attached here
with this resolution, to be submitted to the Government for consideration and
decision before 31 December 2010, enclosed with the draft of the Law to be
submitted to the National Assembly
2. For measures to simplify
administrative procedures not related to the amendment and supplement of laws
and ordinances:
To Assign the Ministry of
Natural Resources and Environment:
- To chair and coordinate with
other related ministries and departments in issuing the draft of Decree
amending, supplementing, superseding, abolishing or revoking the relevant
provisions in:
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+ Decree 80/2006/ND-CP of August
9, 2006 of the Government detailing and guiding the implementation of some
articles of Law on Environmental Protection;
+ Decree No. 21/2008/ND-CP dated
28 February 2008 of the Government amending and supplementing some articles of
Decree No. 80/2006/ND-CP of August 9,
2006 of the Government detailing
and guiding the implementation of some articles of Law on Environmental
Protection;
+ Decree No. 149/2004/ND-CP of
27 July 2004 of the Government on licensing the exploration, exploitation and
use of water resources, discharge of wastewater into water sources;
+ Decree No. 160/2005/ND-CP of
December 27, 2005 of the Government detailing and guiding the implementation of
the Minerals Law and the Law amending and supplementing some articles of the
Minerals Law to implement the simplification measures for administrative procedures
stated in article 1, 4, 5, 9, 10, 11, 12, 15, 16, 17, 18, 21 and article 22,
Section A, Part IX of the simplification plan attached here with this
resolution, to be submitted to the Government for consideration and decision
before July 31, 2010.
- Drafting Circular amending,
supplementing, superseding, abolishing or revoking the relevant provisions in:
+ Circular No. 05/2008/TT-BTNMT
of December 8, 2008 of Ministry of Natural Resources and Environment guiding on
strategic environmental assessment, environmental impact and environmental
protection commitments assessment;
+ Circular No. 12/2006/TT-BTNMT
of December 26, 2006 of Ministry of Natural Resources and Environment guiding
conditions for operating and procedures for documentation, registration and
business practice licensing, code for quality control of hazardous waste;
+ Circular No. 02/2005/TT-BTNMT
of June 24, 2005 of Ministry of Natural Resources and Environment guiding the
implementation of Decree No. 149/2004/ND- CP of July 27, 2004 of the Government
regulating the exploration, exploitation and use of water resources, and
discharge of wastewater into water sources;
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- To chair and coordinate with
the Ministry of Industry and Commerce to issue a draft of joint circular
amending the relevant provisions in Joint Circular No. 02/2007/TTLT-BCT-BTNMT
of August 30, 2007 of the joint ministries between Ministry of Industry and
Commerce, and Ministry of Natural Resources and Environment guiding the
implementation of Article 43 of the Environmental Protection Law on standards
and conditions for importing scrap to implement the simplification measures for
administrative procedures stated in article 6 Section A of Part IX of the simplification
plan attached here with this resolution, to be issued before July 31, 2010.
- To chair and coordinate with
the Ministry of Finance issue a draft of circular to amend the relevant
provisions in Circular No. 05/1998/TT-BTC dated 9 January 1998 of the Ministry
of Finance guiding the payment of deposits or securities to implement the
simplification measures for administrative procedures stated in article 15 and
16 Section A of Part IX of the simplification plan attached here with this
resolution, to be issued before July 31, 2010.
X.
APPROACHES OF SIMPLIFYING ADMINISTRATIVE PROCEDURES TARGETED FOR REVIEW UNDER
THE JURISDICTION OF THE MINISTRY OF FINANCE
A.
Specifics of simplifying approaches Customs:
1. Procedure “Issuance of
customs priority card for companies” (B-BTC- 033596-TT)
This procedure shall be
repealed.
2. Procedure “Issuance of
customs agent card” (B-BTC-033532-TT)
This procedure shall be repealed
and replaced by allowing customs clearance agencies to issue customs agent cards
for their staff providing that they duly inform the customs authority of the
list of card holders and provide annual updates for the staff. To tighten
governance of customs clearance agencies, the Ministry of Finance shall provide
more detailed regulations on card issuing requirements.
3. Procedure “Granting
customs clearance certificate” (B-BTC-117145-TT)
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- More detailed regulations on
the composition of the application file for customs clearance certification
shall be provided, whereby specifying which type of documents is required in
the application file and how many copies are needed.
- The number of years of prior
experience shall be added as one of the requirements for customs clearance
certification and requirements stated in the Ministerial Circular shall also be
reflected in the Government’s Decree.
- Decentralization of customs clearance
certification shall be conducted in the following direction: the General
Department designs the training curriculum, test questions, evaluates test
results and sets qualifying benchmark scales; Departments deliver tests, and on
behalf of the General Department, issue certificates and hold annual refresher
and update courses based on the training curriculum developed by the General
Department of Customs.
4. Procedure “Registration of
customs clearance agencies” (B-BTC-117145-TT)
“Registration” shall be changed
to “notification”. Accordingly, the Ministry of Finance shall clarify the
following:
- Regulations on procedures and
application file shall be amended, including documents evidencing qualification
attached with the notice; in which a timeline and responsibility of replying to
the notice by the customs authority shall be clearly stated.
- Once the customs clearance
agencies have sufficiently prepared themselves to meet the requirements for
customs agency activities, they shall only submit a notice to the customs
authority using the notice form provided by the Ministry of Finance. Beyond the
set timeline, if no response is heard from the customs office, the customs
clearance agency shall be deemed allowed to operate.
- Verification of qualifications
may be conducted immediately or after the customs clearance agency has been in
operation.
- During the verifying process,
should the customs office find that the customs clearance agency is not
qualified for operation as required, the customs office shall issue a
suspension decision for due correction. The number of allowed suspensions shall
be specified, beyond which, the customs office shall terminate the subject
agency’s operation and withdraw its business license.
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- Provisions on “other required
evidencing documents as specified by relevant laws and regulations” in point
c3, paragraph 1, Article 11 of Circular 79/2009/TT-BTC , dated April 20, 2009
shall be described in more details.
- A provision requiring
companies to present bills of lading as part of the documents for import and
export goods shall be added to Article 7, Decree 154/2005/ND-CP , dated December
15, 2005 and paragraph 1, Article 11, Circular 79/2009/TT-BTC , dated April 20,
2009.
- A provision specifying the
composition of the application file shall be added to paragraph 2, Article 7,
Decree 154/2005/ND-CP , dated December 15, 2005, requiring customs declarants to
present “quality, food safety, quarantine certificates” in case of import goods
subject to national audit for quality, food safety and quarantine.
- A provision shall be added to
Decree 154/2005/ND-CP , dated December 15, 2005 and Circular 79/2009/TT-BTC ,
dated April 20, 2009 allowing customs declarants to present “quality, food
safety, quarantine certificates” in arrears in case the declarants have no way
to acquire such documents immediately; also, the responsibilities of related
parties (customs, company, quality control agency) shall be clarified in case:
+ The company in question fails
to present the documents on due date.
+ The commodities are declared
not good enough for importation by the related agencies.
- Different customs documents
for exportation and importation shall be segregated, with priority given to
export goods and strict control of import goods, particularly consumer goods
and conditional import goods.
- An inter-connected mechanism
shall be put in place between related ministries and agencies, including the development
of draft regulations on inter-connected systems to be applied once the
‘one-stop shop’ linking 3-5 ministries and agencies takes shape (on a roadmap
from now till 2012 under Vietnam’s ASEAN one-stop shop mechanism commitments).
6. Procedure “Customs for
port-switching export goods” (B-BTC-046238-TT)
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7. Procedure “Customs for
port-switching import goods” (B-BTC-122273-TT)
Simplifying measures similar to
“Customs for port-switching export goods” (Procedure No. 6 above) shall apply.
8. Procedure “Customs for
goods in transit” (B-BTC-123549-TT)
- The “bill of lading” shall be
repealed from the documents.
- The quantity of documents to
be filed specified in the ministerial Circular shall be legalized to fix the
number of documents at “01 set”.
- A provision on the timeline
for handling transit goods shall be added, which should not be the same as
other normal export/import goods (as specified in Decree 154/2005/ND-CP , dated
December 15, 2005), to be specific:
+ No longer than 02 hours since
receipt of the declaration form for applications filed at the border gate
customs receiving the goods in transit (verification of the declaration,
affixing seals, verifying status quo) and applications filed at the last border
gate customs where goods in transit are taken to for exportation (checking
seals and status, matching for exportation procedures);
+ In case the goods in transit
must be physically checked: detailed provisions on what are subject to
checking, procedure, approach, method of checking etc.
9. Procedure “Port-switching
customs for goods transferred to CFS warehouse” (B-BTC-047069-TT)
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10. Customs procedure for
goods checking-in CFS warehouse - B-BTC- 046032-TT
The handling time shall be
reduced to less than 08 hours.
11. Procedure “Registering
outsourcing contracts with a foreign partner” (B- BTC-118438-TT)
- “Register” shall be changed to
“notify”. Also, what to be notified and time to respond by the customs office
following the applicant’s notice of the outsourcing contract shall be
clarified, clearing stating that in case the customs office fails to reply
within a set timeline, the applicant shall be automatically deemed authorized.
- The regulations requiring the
applicants to declare the quantity and value of imported input materials as
part of the application file when registering the outsourcing contract shall be
abolished (to be replaced by the simplified “when notifying of the outsourcing
contract”.)
- Information about “management
capacity”, “production capacity”, “equipment and production line” required to
be presented by companies engaging for the first time in outsourcing businesses
as part of the application file shall be elaborated upon (Section II, Clause I,
Circular 116/2008/TT-BTC , dated December 4, 2008).
- Cases where physical
facilities must be inspected shall be clarified.
- Regulations on the extent of
inspection, basic information and materials to be provided by the applicants to
the customs office in case inspection of manufacturing facilities specified in
Decision 1179/QD-TCHQ, dated June 17, 2009, is required. These regulations
shall be specified and simplified by requiring applicants to provide only
necessary information, based on which the customs office shall cross-check with
a third party (for example, regarding the staff size, the customs office can
check with the Department of Labor, Invalids, Social Affairs). Any materials or
information that can not be cross-checked with a third party, the customs
office shall require further evidence from the applicant for verification.
- A long-term approach: the
Ministry of Finance needs to review and amend related provisions based on risk
assessment, in which applicants are allowed to close outsourcing contracts on
their own and notify the customs office which may conduct inspection randomly.
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In addition to simplification
similar to the procedure “Customs for export and import goods under commercial
contracts” (Procedure No. 5, section A, part X, Simplifying approaches attached
to this Decree), the following simplifying measures shall also apply:
- The requirement for
presentation of “original documents” shall be superseded with presentation of
“signed and sealed documents” produced by the outsourcing employer notifying
the outsourcing employee about receipt of shipment from a third party in case
input materials and supplies are purchased by the outsourcing employer and
consigned to deliver to the applicant by a third party (point 1.2, clause III,
section II, Circular 116/2008/TT-BTC , dated December 4, 2008). A provision
holding the applicant responsible for the origin and validity of the documents
shall be added.
- The following two requirements
in relation to the process and conditions for importation of outsourcing input
materials shall be omitted:
+ Completed products included in
the imported input material shipment shall be attached with material
consumption norms schedule for outsourcing products as specified in point 1.3b,
clause III, Section II, Circular 116/2008/TT-BTC , dated December 4, 2008.
+ Customs officers shall verify
registered norms of the applicant for any outsourcing contracts with registered
norms as specified in Section 2(I), Decision 1179/QD-TCHQ, dated June 17, 2009.
- The handling time shall be
reduced from 08 hours to 04 hours since receipt of the complete application
file.
13. Procedure “Registering,
adjusting and checking norms related to outsourced goods for a foreign party”
(B-BTC-047940-TT)
- “Register” shall be changed to
“notify”.
- What to notify and when shall
be clarified to allow the applicant to have enough time to determine accurately
the material consumption norms, to be specific:
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+ The customs office is
authorized to audit the applicant’s material norm notice any time before,
during or after the exportation of the goods for which material consumption
norms have been notified to the customs.
+ It is stated clearly that the
customs may audit the norms for a specific goods item no longer than [a set
amount of time].
+ Penalties and fines shall be
increased in case norm-related frauds are found by the customs.
- The provision on norm
adjustment shall be revised, specifying clearly what is allowed for adjustment,
ruling out presentation of “explanation in writing” as sufficient for norm
adjustment and restricting to the maximum norm modification. Norm adjustment
should only be allowed prior to the shipment.
- In respect of composition of
application files, only key documents signed, sealed by the applicant shall be
required and notarized copies shall not be needed.
14. Procedure “Exportation of
outsourced goods for a foreign party” (B- BTC-122103-TT)
- Similar to the procedure
“Customs for export and import goods under a commercial contract” (Procedure
No. 5 above);
- For a port-switching
outsourced shipment, similar to the procedure “Customs for port-switching
export good” (Procedure No. 6 above);
- Amendments shall be made to
clarify when physical inspection is needed, what to inspect, timeline for
inspection in part VII, section II, Circular 116/2008/TT-BTC , dated December 4,
2008.
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- In terms of process,
procedure, implementing approach and timeline, an approach similar to
commercial goods should be adopted.
15. Procedure “Treatment of
outsourcing contract with a foreign party” (B- BTC-118536-TT)
- Provisions of the procedure,
how to process, composition of the application file, number of documents
required shall be revised to provide clarity and details in clause XII, section
II, Circular 116/2008/TT-BTC , dated December 4, 2008.
- The regulation on the handling
time for documents on treatment of outsourcing contracts shall be revised to
cut down the processing time from 15 working days to 07 working days for
traditional companies and those assessed to have low risk levels.
16. Procedure “Customs for
temporarily imported goods for repairs and recycling, then re-exported”
- Similar to the procedure
“Customs for export, import goods under commercial contracts” (Procedure No. 5
above);
- The provision on the steps of
the procedure for some special commodities shall be revised, to be specific:
for re-imported goods for recycling, the recycling duration shall not be longer
than 30 days since clearing re-importation customs. In case extension is needed
for recycling or looking for a new export market, an application shall be
submitted to the provincial/municipal Customs Department head for such
extension, which shall not exceed 30 days since the first expiry date.
- It is stated clearly that
re-importation procedures shall be executed at the branch of the customs office
clearing exportation of such goods. In case of goods returned to Vietnam
through a different border gate, port-switching procedures to transfer the
goods back to the original export clearing point shall be initiated.
17. Procedure “Sampling,
storage of samples and photos of imported goods” (B-BTC-118200-TT)
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18. Procedure “Importation of
materials and supplies for production of export goods” (B-BTC-121905-TT)
- Similar to the procedure
“Customs for export, import goods under commercial contracts” (Procedure No. 5
above);
- Specific timeline for customs
clearance for individual export and import goods items shall be set, with
special attention to aquaculture products which often need quick clearance, no
longer than 08 hours.
19. Procedure “Registering,
adjusting, auditing input material and supply norms and registering export
products” (B-BTC-040496-TT)
- “Register” shall be changed to
“notify”.
- Details shall be specified on
what to notify, when to notify to allow the applicant enough time to correctly
determine material consumption norms, to be specific:
+ Material consumption norms
shall be notified within [a set amount of time] prior to the first export
shipment of a particular product item listed in the norm schedule. Based on the
value of the export shipment, the customs office shall set the amount of time
within which the applicant shall inform of the norms. For example, for a
shipment worth more than VND100 million, registration shall be made to the
customs within 20 working days prior to the exportation of the goods; or for a
shipment worth less than VND20 million, registration shall be made to the
customs within 05 working days prior to the exportation of the goods.
+ The customs office is
authorized to audit the applicant’s material norm notice any time before,
during or after the exportation of the goods for which material consumption
norms have been notified to the customs.
+ It is stated clearly that the
customs may audit the norms for a specific goods item no longer than [a set
amount of time].
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- The provision on norm
adjustment shall be revised, specifying clearly what is allowed for adjustment,
ruling out presentation of “explanation in writing” as sufficient for norm
adjustment and restricting to the maximum norm modification. Norm adjustment
should only be allowed prior to the shipment.
20. Procedure “Treatment of
declaration for imported input materials for production of export good”
(B-BTC-040895-TT)
- A provision on steps of the
procedure and handling timeline shall be added to Article 117, Circular
79/2009/TT-BTC , dated April 20, 2009.
- Amendment shall be made to the
provision on the order of treatment of the declaration favoring legitimate
declarations.
21. Procedure “Customs for
entry of foreign automobiles (temporarily imported) for commercial
purposes" (B-BTC-120694-TT)
- Point d, paragraph 1, Article
75, Circular 79/2009/TT-BTC , dated April 20, 2009 and point a, paragraph 2,
Article 45, Decree 154/2005/ND-CP , dated December 15, 2005 shall be revised as:
“Road transportation license under the provisions of an international treaty or
agreement of road transportation signed by Vietnam ... in the region”.
- Form HQVN/2009/01-PTVT
(superseding form HQVN/2006/01-PTVT) shall be legalized in the ministerial
Circular.
- The provision on application
of information technology in customer clearance in paragraph 2, Article 45,
Decree 154/2005/ND-CP , dated December 15, 2005 shall be revised as described
below:
+ The requirement that vehicle
operators fill out the declaration form for the vehicle and present themselves
to submit the form to the customs shall be replaced by presentation of the documents
pertaining to the vehicle to the customs office, then customs officers
verifying and inputting data into a computer system and printing out the
declaration form for the vehicle (data generated from a vehicle-specific
software system).
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+ Customs files for
transportation means shall be maintained in the vehicle- specific database.
22. Procedure “Customs for
other temporarily imported – re-exported, temporarily exported – re-imported,
non-commercial means of transport (motorcycles, boats, motored or non-motored
dinghies, canoes)" (B-BTC-120708- TT)
- A provision authorizing the
Ministry of Transport to license and provide guidelines on licensing
cross-border means of transportation for other vehicles, including waterway
vehicles shall be added, based on international treaties and agreements that
Vietnam signed with other countries as the fundamentals for development of
separate customs procedures and declaration forms for these means of
transportation.
- The composition of application
file specified in Article 80, Circular 79/2009/TT- BTC, dated April 20, 2009,
shall be replaced with the following papers:
+ Permit of authorized agencies
(except for temporarily imported vehicles circulating around the border gate
area);
+ Vehicle registration (if any);
+ Export, import goods
declaration form (in case export, import goods are involved);
+ Declaration of luggage of the
vehicle operator, those working on the vehicle and passengers (if any).
- Form HQVN/2009/01-PTVT.
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Amendment shall be made to allow
extension of stay in a cross-border area no longer than 02 days, with decision
making vested on the head of the customs office branch on a case-by-case basis.
24. Procedure “Employment of
inspection and control of export, import goods related to intellectual property
at customs office branches" (B-BTC-047936- TT)
- The requirement on
“non-notarized copies” shall be clarified for documents evidencing ownership as
part of the application file, providing that the original is presented for
matching.
- It is specifically stated that
the number of documents required is “01 set”.
- The handling time shall be
reduced from “30 days” to “20 days” since receipt by the customs of the
application. An implementing circular shall be enacted to annul Decision
916/2008/QD-TCHQ, dated March 31, 2008.
- Vietnamese – English languages
shall be added to the form “Request for employment of inspection and control of
export and import goods related to intellectual property”.
25. Procedure “Suspension of
customs clearance for imported goods related to intellectual property at
customs office branches" (B-BTC-047928-TT)
- Regarding the composition of
application file:
+ Clear regulations shall be
given to individual cases of: long-term suspension request and case-by-case
suspension request, in Decision 916/2008/TCHQ, dated March 31, 2008.
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+ It is specifically stated that
the number of documents required is “01 set”.
- Regarding handling timeline:
+ It shall be clearly stated
that the processing timeline for long-term suspension requests is “20 days
since receipt of the request” in Article 36, Decree 105/2006/ND- CP, dated
September 22, 2006 and Article 5, Decision 916/2008/TCHQ, dated March 31, 2008.
+ The processing time shall be
reduced from “30 days” to “20 days” for long-term suspension requests in
Article 49, Decree 154/2005/ND-CP , dated December 15, 2005; Article 36, Decree
105/2006/ND-CP , dated September 22, 2006 and Article 5, Decision 916/2008/TCHQ,
dated March 31, 2008.
- Form 03/SHTT shall be designed
in both Vietnamese – English languages and legalized in the ministerial
circular.
26. Procedure “Liquidation of
commodities in bonded warehouse” (B-BTC- 046521-TT)
- A provision on the number of
application documents shall be added.
- More detailed provisions shall
be added in terms of handling timeline and frequency of treatment of remaining
goods in bonded warehouses applicable to the customs office and punitive
measures in case the responsible entities fail to comply, to be specific:
+ Handling timeline: detailed length
of time needs to be defined for customs officers to finish such job items as
stock-taking, classification of remaining goods; quality evaluation; goods
pricing; importing procedure (if needed); re-exporting procedure for goods
subject to importation ban (if possible);
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+ Treatment frequency: once in
three months, each time no longer than 30 days since receipt of the complete
application, the customs office shall finalize treatment of liquidation of remaining
goods in bonded warehouses for individuals and entities.
- The provision of allocation of
turnover from liquidation of remaining goods shall be revised to adopt a more
reasonable priority order. Tax costs incurred need to be accounted for first, then
other costs incurred by bonded warehouse proprietor, followed by expenses for
organization of the liquidation and finally, allowances for the liquidation
board (since this is the board’s job). The order of priority needs to be
rearranged as: 2.3, 2.4, 2.5, 2.1 and 2.2 in clause 2, section III, Circular
36/2003/TT- BTC, April 16, 2003.
27. Customs declaration form
for companies in EPZ (with names included in the ministry’s list; customs
procedure for export and import goods applicable to export – processing
companies) (B-BTC-046054-TT)
This administrative procedure
shall be divided into different customs procedures for the following three
goods categories:
- Commercial export, import
goods (Part I, Chapter II, Articles 6-29, Circular 79/2009/TT-BTC , dated April
20, 2009).
- Outsourced goods for foreign
parties.
- Locally export/import goods.
28. Inspection, consultation,
determination of dutiable value for export, import goods at customs office
branches (B-BTC-050124-TT)
- A provision stating the number
of application files to be submitted being “01 set” shall be added.
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29. Registration for
electronic customs clearance (B-BTC-050657-TT)
- A provision specifying how
companies are allowed to file application for electronic customs clearance via
e-mails shall be added in Article 6, Circular 222/2009/TT-BTC , dated November
25, 2009.
- The initial account accessible
time shall be reduced from 03 working days to 08 working hours since receipt of
the application for electronic customs clearance.
- The provision on the number of
application documents in Article 6, Circular 222/2009/TT-BTC , dated November
25, 2009, shall be legalized.
- A Vietnamese – English bilingual
form for electronic customs clearance shall be designed based on Form 1,
Attachment II of Circular 222/2009/TT-BTC , dated November 25, 2009.
30. Procedure “Electronic
customs clearance for export, import goods under sales, purchase contracts”
(B-BTC-052407-TT)
- Further details shall be added
to the provision on “other required documents under relevant laws” in points
2.5n and 1.3dd, Article 11, Circular 222/2009/TT-BTC , dated November 25, 2009.
- A provision requiring
applicants to present “bills of lading” as part of the document set for export,
import goods shall be added to Article 7, Decree 154/2005/ND-CP , dated December
15, 2005.
- A provision shall be added to
Article 11, Circular 222/2009/TT-BTC , dated November 25, 2009, on
computerization of required documents under the provisions of points e7 through
e13, paragraph 2, Article 11, Circular 79/7009/TT-BTC, dated April 20, 2009
(goods eligible for tax exemption; certificate of non-refundable aid; goods
being animal breeds or plant varieties not subject to value added tax; some
other goods items not subject to value added tax; goods directly used for
national defense purposes).
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- A provision to allow customs
declarants to submit “quality, food safety, quarantine certificates” in arrears
in case they have no way to acquire such documents immediately shall be added
to Decree 154/2005/ND-CP , dated December 15, 2005; also, a clear definition of responsibilities
among related parties (customs, applicant, quality control agency) shall be
provided in cases: (1) the applicants fail to file the required documents on
due date; (2) the related entities declare that the goods in question do not
qualify for importation, in Decree 154/2005/ND-CP , dated December 15, 2005 and
Circular 222/2009/TT-BTC , dated November 25, 2009.
- A provision setting the
timeline for completion of administrative procedures since complete provision
of documents and application forms as required by customs declarants (in the
principle of reducing procedure processing time and meeting the set targets for
electronic customs clearance) shall be added to Circular 222/2009/TT-BTC , dated
November 25, 2009.
- An interconnected system shall
be established between related ministries and agencies by developing draft
regulations on the interlinked system that will be applied when Vietnam
finalizes the development of a national ‘one-stop shop’ mechanism connecting
3-5 ministries and agencies (in a roadmap from present to 2012 under Vietnam’s
commitments in participating in ASEAN’s ‘one-stop shop’ system).
31. Procedure “Electronic
customs for importation of outsourcing input materials and supplies”
(B-BTC-052439-TT)
- For the importation of individual
shipments of outsourcing input materials and supplies provided by the
outsourcing employer from overseas, applicable simplification measures shall be
similar to the procedure “Electronic customs clearance for export, import goods
under sales, purchase contracts” (Number 31, section A, part X, Simplification
Plan attached to this Resolution).
- For port-switching shipments
of outsourcing input materials and supplies, applicable simplification measures
shall be similar to the procedure “Customs for port- switching importation”
(Number 7, section A, part X, Simplification Plan attached to this Resolution).
- For locally exported, imported
outsourcing input materials and supplies provided by the employer, applicable simplification
measures shall be similar to the procedure “Electronic customs clearance for
locally exported/imported outsourced products” (Number 35, section A, part X,
Simplification Plan attached to this Resolution).
32. Procedure “Electronic
customs for registration, adjustment and audit of consumption norms”
(B-BTC-050697-TT)
Applicable simplification
measures shall be similar to the procedure “Registration, adjustment and audit
of norms for commodities outsourced by a foreign party” (Number 13, section A,
part X, Simplification Plan attached to this Resolution).
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- Amendments shall be made to
the provision on steps in the procedure and more details are to be added to the
steps in part XII, section I, Attachment I, Decision 52/2007/QD-BTC , dated June
22, 2007.
- The handling timeline shall be
clarified in part XII, section I, Attachment I, Decision 52/2007/QD-BTC , dated
June 22, 2007.
34. Procedure “Electronic
customs clearance in local exportation/importation of outsourced products”
(B-BTC-051037-TT)
- Details shall be provided on
“other required documents for exported, imported goods (except for the bill of
lading)” in paragraph 4, Article 71, Circular 222/2009/TT- BTC, dated November
25, 2009 (superseding Number 4, clause II, Decision 52/2007/QD-BTC , dated June
22, 2007).
- Requirements for local
exportation and importation of outsourced products in point a, paragraph 3,
Article 33, Decree 12/2006/ND-CP , dated January 23, 2006 of the Government
shall be repealed.
35. Procedure “Electronic
customs clearance for delivery/receipt of outsourced products in transition”
(B-BTC-050627-TT)
A provision on the handling
timeline of the procedure since complete filing of the application and
declaration form by the customs declarant with a view to cutting processing
time and meeting the set targets for electronic customs clearance shall be
added, as more details are to be defined in case extension of processing time
is needed (Circular 222/2009/TT-BTC , dated November 25, 2009).
36. Procedure “Electronic
customs clearance for exported outsourced products that are returned for
repairs and recycling (importation of returned goods)” (B-BTC-052462-TT)
Additional provisions on the
timeline for physical checking on a case-by-case basis shall be defined, in
which, possible extension of checking time shall be clarified but not exceeding
08 working hours. Extension of checking time shall immediately follow the
official timeline, even in after hours, to be specific:
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- For remaining cases, depending
on the actual situation, the customs office may decide to extend the checking
time but no longer than 08 working hours. Extension of checking time shall
immediately follow the official timeline, even in after hours.
37. Procedure “Electronic
customs clearance for self-furnished materials and supplies for production of
export goods” (B-BTC-050464-TT)
- Applicable simplification
measures shall be similar to the procedure “Electronic customs clearance for
export, import goods under sales, purchase contracts” (Procedure No. 5, section
A, part X, Simplification Plan attached to this Resolution).
Particularly for port-switching
imported materials and supplies, applicable simplification measures shall be
similar to the procedure “Electronic customs clearance for port-switching
imported goods” (Procedure No. 7, section A, part X, Simplification Plan
attached to this Resolution).
- A provision on the steps of
the procedure, composition of the file and handling timeline for this procedure
shall be added.
38. Procedure “Electronic
customs for exportation (production for exportation)” (B-BTC-050641-TT)
Applicable simplification
measures shall be similar to the procedure “Electronic customs clearance for
export, import goods under sales and purchase contracts” (Procedure No. 5,
section A, part X, Simplification Plan attached to this Resolution).
39. Procedure “Electronic
customs clearance for re-exported goods” (B-BTC- 050498-TT)
Applicable simplification
measures shall be similar to the procedure “Electronic customs clearance for
export, import goods under sales and purchase contracts” (Procedure No. 5,
section A, part X, Simplification Plan attached to this Resolution).
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Applicable simplification
measures shall be similar to the procedure “Electronic customs clearance for
export, import goods under sales and purchase contracts” (Procedure No. 5, section
A, part X, Simplification Plan attached to this Resolution).
41. Procedure “Electronic
customs for destruction of damaged goods and waste materials” (B-BTC-052486-TT)
- Handling timeline shall be
clarified: After [specific amount of time] since the applicant’s complete
filing of the application for destruction of the goods, the customs office
shall reply in writing and send its staff over for monitoring and cooperation
with the applicant in the destruction process.
- The valid period of the
procedure shall be clarified: no longer than 48 hours since agreement and
appointment of monitors by the customs office, the applicant shall start the
destruction process.
- Additions shall be made to the
provision on an inter-connected system: the applicant files their application
for destruction as required to the Department of Natural Resources and
Environment; if it agrees, the Department shall forward such agreement in
writing to the electronic customs unit for this agency to start the procedure
for the destruction.
Taxation
1. Procedures1:
- "First-time purchase of
invoices for a business entity (Department and Department branch levels)"
(B-BTC-044121-TT & B-BTC-081444-TT)
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- "Registration of
self-designed invoices" (B-BTC-044146-TT)
- "Registration for
circulation of self-designed invoices (Department and Department branch levels)"
(B-BTC-081458-TT & B-BTC-044156-TT)
- Coverage of allowed users of
self-issued invoices shall be expanded based on the criteria defined by the
Ministry of Finance. Applicable entities and individuals must on their own
efforts prepare needed conditions for printing self-designed invoices prior to
starting their business operation and be responsible for the comprehensive
management of their own invoices in their business undertaking. Purchase of
value added invoices issued by the Ministry of Finance shall only be applicable
to start-up entities and small- sized entities and businesses that are
incapable of printing their own invoices.
- The Ministry of Finance shall
define what compulsory information is required on the self-designed invoices
(including invoices that individuals or entities print out using desktop
printers, invoices that individuals or entities have printed and electronic
invoices) used for matching the tax registered by the buyer and seller. These
compulsory information includes: the title of the invoice being clearly written
as “VAT Invoice”; name and tax code of the seller; name and tax code of the
buyer; invoice serial number (in continuous sequence); name and address of the
buyer; invoice issuing date; description of goods and services; quantity of
goods and services sold; unit price of goods and services; pre-tax total
amount; the payable value added amount; and the total payable amount.
Accordingly, the invoice serial number and tax code of the invoice issuing
party shall also be compulsory information in the regular tax turnover filing
that individuals and entities submit to the tax office.
- The procedure “Registering
self-designed invoices” shall be replaced by the procedure “Notifying
self-designed invoices”, meaning that whenever a new self- designed invoice is
printed, the entity in question shall only need to inform the tax office rather
than obtaining the acceptance of the tax office. The Ministry of Finance shall
define in details what needs to be informed (serial number of the invoice to be
printed and an attached sample) and notifying timeline on a case-by-case basis:
(i) for start-up entities and individuals: within [a fixed amount of time]
after a tax code has been granted; (ii) for entities or individuals currently
using invoices issued by the Ministry of Finance wishing to switch to self-made
or ordered invoices: within [a fixed amount of time] prior to the tax filing
period when the self-made or ordered invoices will be used; (iii) in case of
changes to the contents of self-made invoices: within [a fixed amount of time]
prior to putting the self-made invoices with the changes into use. Within a set
amount of time after the individual or entity files the notice of the self-
made invoice to the tax office, if no reply is heard from the tax office, the
individual or entity shall be deemed allowed to have their self-made invoice
circulated.
- The tax code of the invoice
issuing party shall be a compulsory information item in regular tax statements
of individuals or entities.
- In case of business entities
wishing to voluntarily purchase invoices, the procedure shall be simplified by
trimming the following components of the application file:
+ Application letter for invoice
purchase
+ A copy of Tax registration
certificate
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+ Invoice usage report (in the
procedure of subsequent purchases of invoice)
- The handling time shall be cut
down to within the working day.
5. Procedure “Declaration of
VAT using the deduction approach (Department and Department branch level)"
- Target groups shall be
classified to define the frequency of VAT declaration, considering:
+ Small and medium sized
enterprises to declare VAT once in three months;
+ Larger enterprises to declare
VAT once a month.
- The Ministry of Finance shall
review approaches to alleviate adverse effects on the budget revenue where
autonomy in income – expenditure has not been in place, taking into account one
of the following two alternatives:
+ Take early and anticipated
action in allocating budget to the municipalities;
+ Apply a lower classifying
threshold than the national average level.
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How the tax paying procedure
shall be implemented shall be changed towards extension of the list of banks
involved in the tax collection and payment information system, including
commercial shareholding banks.
7. Procedure “VAT refund for
exportation paid in cash (refund first, check later)" (B-BTC-044765-TT)
- Amendments shall be made to
sub-law legislations on the steps of the procedure with a view to publicly
disclosing risk assessment criteria to allow companies to know whether they are
eligible for “refund first, check later” or “check first, refund later” when
applying for tax refund. More punitive actions shall apply for tax elusion and
fraud.
- The provision on composition
of application file for individual cases of “refund first, check later” and
“check first, refund later” shall be segregated. The provision on composition
of application file for “refund first, check later” should only include the
application letter for tax refund and a summary of the tax amount requested for
refund in line with the criteria set by the tax office.
- The following three types of documents
shall be omitted from the composition of the application file for tax refund
applicable to “refund first, check later”:
+ Tax payment voucher
+ Other documents related to tax
refund vouchers
+ A list of documents signed and
sealed by the applicant.
Documents and papers evidencing
the refundable tax mentioned above must be maintained by the company at its
principal office and presented when requested by the tax office.
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- The handling time for “refund
first, check later” shall be reduced from 15 working days to 06 working days.
- Tax branch units shall be
given the decision-making authority for tax refunding.
- The form “Tax/fee refund
request – Form 01/HTBT” shall be retracted from the application or declaration
forms.
- Information about chapter
code, industry code, accounting code in section 2.1, Form No. 05/ĐNHT,
specified in Circular 128/2008/TT-BTC shall be repealed.
8. Procedure “VAT refund for
exportation paid in cash (check first, refund later)” (B-BTC-113032-TT)
- Provisions on the composition
of the application file for individual cases of “check first, refund later” and
“refund first, check later” shall be segregated.
- The “Checklist of documents
signed and sealed by the applicant” shall be expunged from the composition of
the application file for “check first, refund later”. Amendments shall be made
to the provisions toward requiring the company to maintain this checklist at
its principal office for presentation upon request by the tax office.
- “Tax payment voucher” shall be
added in Circular 60/2007/TT-BTC , dated June 14, 2007.
- The number of application to
be submitted shall be fixed at “01 set”.
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- Tax branch units shall be
given the decision-making authority in tax refunding.
- The form “Tax/fee refund
request – Form 01/HTBT” shall be retracted.
- Information about chapter
code, industry code, accounting code in section 2.1, Form No. 05/ĐNHT,
specified in Circular 128/2008/TT-BTC shall be repealed.
9. Procedure “VAT refund for
incomplete deduction and input taxes in three consecutive months or those in
the preliminary stage of investment without incurred output VAT tax (refund
first, check later)" (B-BTC-044763 TT)
Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (refund first, check later)” –
Procedure No. 7, section A, part X, Simplification Plan attached to this
Resolution.
10 .Procedure “VAT refund for
incomplete deduction and input taxes in three consecutive months or those in
the preliminary stage of investment without incurred output VAT tax (check
first, refund later)" (B-BTC-112995-TT)
Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (check first, refund later)” –
Procedure No. 8, section A, part X, Simplification Plan attached to this
Resolution.
11. Procedure “VAT refund for
exportation paid in cash (refund first, check later) " (B-BTC-076914-TT)
Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (refund first, check later)” –
Procedure No. 7, section A, part X, Simplification Plan attached to this
Resolution.
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Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (check first, refund later)” –
Procedure No. 8, section A, part X, Simplification Plan attached to this
Resolution.
13. Procedure “VAT refund for
local exportation (refund first, check later)" (B-BTC-044031-TT)
Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (refund first, check later)” –
Procedure No. 7, section A, part X, Simplification Plan attached to this
Resolution.
14. Procedure “VAT refund for
local exportation (check first, refund later)" (B-BTC- 113067-TT)
Applicable simplification measures
and implementing recommendations shall be similar to the procedure “VAT refund
for exportation paid in cash (check first, refund later)” – Procedure No. 8,
section A, part X, Simplification Plan attached to this Resolution.
15. Procedure “VAT refund for
outsourced goods in transition (refund first, check later)"
(B-BTC-044036-TT)
Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (refund first, check later)” –
Procedure No. 7, section A, part X, Simplification Plan attached to this
Resolution.
16. Procedure “VAT refund for
outsourced goods in transition (check first, refund later)"
(B-BTC-112346-TT)
Applicable simplification
measures and implementing recommendations shall be similar to the procedure
“VAT refund for exportation paid in cash (check first, refund later)” –
Procedure No. 8, section A, part X, Simplification Plan attached to this
Resolution.
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- Modification shall be made to
the requirement of translation: in case a contract or document in a foreign
language has multiple parts, only parts/clauses pertaining to tax treatment and
any other contents required by the tax office (if applicable) shall need to be
translated, with the original text attached. The tax office must not require
that the tax payer translate the entire contract into Vietnamese language. The
tax payer is responsible for the translations. Clarification shall be made to
cases where consulate legalization is required. The requirement for
notarization and validation of the documents to be submitted by the tax payer
shall be repealed.
- Provisions of Circular
60/2007/TT-BTC , dated June 14, 2007 and Circular 133/2004/TT-BTC , dated
December 31, 2004 shall be aligned.
- A provision on the form and
procedure for requesting exemption of income tax for income generated from
capital transfer under the Double taxation avoidance agreement shall be added, as
well as the form and procedure for requesting verification of the paid taxes or
any taxes that should have been paid in Vietnam if not for tax exemption and
reduction schemes under the existing Vietnamese laws on taxation and investment
incentives to allow foreign investors to deduct such amount in the tax amount
they must pay in a foreign country (addition to Circular 60/2007/TT-BTC , dated
June 14, 2007 of the Ministry of Finance).
18. Procedure “First-time tax
registration for individuals with income from salary, wages , revenue from
invested capital (including securities transfer) and individuals with other
taxable income – in case of payment made to the tax office"
(B-BTC-044694-TT )
19. Procedure “First-time tax
registration for individuals with income from s alary, wages , revenue from
invested capital (including securities transfer) and individuals with other
taxable income – in case of payment made through the entity paying such
income" (Tax Department in charge of the income paying entity)" (B-B
TC-112086-TT )
- Regarding the composition of
application file, it shall be clearly stated as: “non- notarized copies” for
personal valid ID or passports.
- Regarding the number of
documents required, it shall be clearly stated as 01 set of the application file.
- The handling time shall be cut
down to no longer than 03 working days for applications of direct tax payment
at Tax Departments and 05 working days for applications of direct tax payment
in Tax Department branches, since receipt of the full tax registration files.
- Return of outcome by post
shall be added with clear indication of the handling time being within 02
working days since receipt of the full tax registration file starting from the
date the file is received (not including the time needed for amendment and
modification to the file due to insufficient filing by the tax payer).
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20. Procedure “First-time tax
registration for tax payers being affiliated units to business entities except
for cooperatives and syndicates (with the exclusion of transaction through the
inter-connected ‘one-stop shop’) at the Administration level tax management
agency” (B-BTC-075924-TT)
- Regarding the composition of
application file, it shall be clearly stated as: “non- notarized copies” for
“Business certificates or foreign investment certificates in Vietnam”.
- Regarding the number of
documents required, it shall be clearly stated as 01 set of the application
file.
- The handling time shall be cut
down to no longer than 03 working days for applications of direct tax payment
at Tax Departments since receipt of the full tax registration files.
- Return of outcome by post
shall be added with clear indication of the handling time being within 02
working days since receipt of the full tax registration file starting from the
date the file is received (not including the time needed for amendment and
modification to the file due to insufficient filing by the tax payer).
B.
Responsibility of implementing the simplification plan
1. For administrative
procedure simplifying measures related to revision of laws and by-laws
a) The Ministry of Finance shall
be authorized for
- As the lead agency, coordinate
related ministries and agencies in drafting the revised law and amendments of
relevant regulations in the Tax Governance Law of 2006 for the purposes of
administrative procedure simplification specified in Numbers 5, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16 regarding taxation, section A, part X, Simplification
Plan attached to this Resolution, expected to be complete by November 30, 2010
to be submitted to the Ministry of Justice for compilation and submission to
the Government for review and decision-making on whether to propose the draft
law.
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+ Decree 154/2005/ND-CP , dated
December 15, 2005 providing implementing details for selected Articles of the
Customs Law related to customs procedures, inspection and oversight;
+ Decree 85/2007/ND-CP , dated
May 25, 2007 providing implementing details for selected Articles of the Tax
Governance Law; for the purposes of implementing administrative procedures
simplification indicated in Numbers 24, 25 pertaining to customs and Numbers 5,
7, 8, 9, 10, 11, 12, 13, 14, 15, 16 pertaining to taxation, section A, part X,
Simplification Plan attached to this Resolution, by December 31, 2010 for
submission to the Government for review and decision-making on whether the
decree amendments should be attached to the draft laws proposed to the National
Assembly.
- Drafting circulars amending
and superseding the regulations in:
+ Decision 916/2008/QD-TCHQ,
dated March 31, 2008 on enactment of the Regulations on receiving requests for
control of export, import goods related to intellectual property;
+ Circular 60/2007/TT-BTC , dated
June 14, 2007 providing implementing guidelines for selected Articles of the
Tax Governance Law and implementing guidelines for Decree 85/2007/ND-CP , dated
May 25, 2007 of the Government, providing implementing details on selected
Articles of the Tax Governance Law; for the purposes of implementing administrative
procedures simplification indicated in Numbers 24, 25 pertaining to customs and
Numbers 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 pertaining to taxation, section
A, part X, Simplification Plan attached to this Resolution, by December 31,
2010 for submission to the Government for review and decision-making on whether
the decree amendments should be attached to the draft laws proposed to the
National Assembly.
b) The Ministry of Science and
Technology shall be authorized for
- As the lead agency, coordinate
with the Ministry of Finance and related ministries and agencies in drafting
revised law and amendments of relevant regulations in the Intellectual Property
Law of 2005 for the purposes of administrative procedure simplification
specified in Numbers 24, 25 pertaining to customs, section A, part X,
Simplification Plan attached to this Resolution, expected to be complete by
December 31, 2010 to be submitted to the Ministry of Justice for compilation
and submission to the Government for review and decision-making on whether to
propose the draft law.
- As the lead agency, coordinate
with the Ministry of Finance and related ministries and agencies in drafting
the revised decree for relevant provisions in Decree 105/2006/ND-CP , dated
September 22, 2006, providing implementing details of selected Articles of the
Intellectual Property Law regarding protection of intellectual property rights
and state governance of intellectual property for the purposes of
administrative procedure simplification specified in Numbers 24, 25 pertaining
to customs, section A, part X, Simplification Plan attached to this Resolution,
by December 31, 2010 to be submitted to the Government for review and
decision-making on whether to attach such revised draft legislations with the
draft law submitted to the National Assembly.
2. For administrative
procedure simplifying measures not related to modification of laws and by-laws
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- As the lead agency, coordinate
with the Ministry of Transport and related ministries and agencies in drafting
the Decrees revising related provisions in:
+ Decree 79/2005/ND-CP , dated
June 16, 2005, setting requirements for registration and operation of customs
clearing agencies;
+ Decree 154/2005/ND-CP , dated
December 15, 2005, providing implementing details for selected Articles of the
Customs Law regarding customs procedures, inspection and oversight;
+ Decree 12/2006/ND-CP , dated
January 23, 2006 of the Government providing implementing details for the
Commerce Law in relation to sales and purchase of international commodities and
acting as agents in purchase, sales, outsourcing and transit of goods with a
foreign country;
+ Decree 89/2002/ND-CP , dated
November 7, 2002, on printing, issuing, using and managing invoices and Decree
85/2007/ND-CP , dated May 25, 2007, providing implementing details for selected
Articles of the Tax Governance Law; for the purposes of implementing
administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5, 8,
14, 16, 18, 21, 22, 30, 31, 34, 37, 39, 40, 41 pertaining to customs; and
Numbers 1, 5 pertaining to taxation, section A, part X, Simplification Plan
attached to this Resolution, for submission to the Government by July 31, 2010.
- Drafting circulars amending
and superseding the regulations in:
+ Circular 73/2005/TT-BTC, dated
September 5, 2005, providing implementing guidelines for selected Articles of
Decree 79/2005/ND-CP , dated June 16, 2005 of the Government, on the
requirements for registration and operation of customs clearing agencies;
+ Circular 79/2009/TT-BTC , dated
April 20, 2009, guiding customs procedures, inspection and oversight, export
and import duties and taxation governance for export and import goods;
+ Circular 222/2009/TT-BTC ,
dated November 25, 2009 guiding pilot electronic customs clearance; Circular
116/2008/TT-BTC , dated December 4, 2008 guiding customs procedures for
outsourced goods with a foreign party;
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+ Circular 36/2003/TT-BTC , dated
April 16, 2003, guiding treatment of remaining goods in bonded warehouses;
+ Circular 40/2008/TT-BTC , dated
May 21, 2008, guiding Decree 40/2007/ND- CP, dated March 16, 2007 of the Government
in relation to determination of customs value for export and import goods;
+ Circular 120/2002/TT-BTC ,
dated December 30, 2002, providing implementing guidelines for Decree
89/2002/ND-CP , dated November 7, 2002 of the Government in relation to printing,
issuing, using and managing invoices;
+ Circular 99/2003/TT-BTC , dated
October 23, 2003, amending Circular 120/2002/TT-BTC , dated December 30, 2002,
providing implementing guidelines to Decree 89/2002/ND-CP , dated November 7,
2002 of the Government in relation to printing, issuing, using and managing
invoices;
+ Circular 60/2007/TT-BTC , dated
June 14, 2007, providing implementing guidelines on selected Articles of the
Tax Governance Law and Decree 85/2007/ND- CP, dated May 25, 2007 of the
Government, providing implementing guidelines for selected Articles of the Tax
Governance Law;
+ Circular 84/2008/TT-BTC , dated
September 30, 2008 providing implementing guidelines for selected Articles of
the Personal Income Tax law and Decree 100/2008/ND-CP , dated September 8, 2008
of the Government, providing details for selected Articles of the Personal
Income Tax Law;
+ Circular 85/2007/TT-BTC , dated
July 18, 2007 guiding the Tax Governance Law in relation to tax registration;
+ Decision 1458/QD-TCHQ, dated
July 27, 2009 of the Customs General Department on the issuance of the customs
management procedure for port-switching export, import goods;
+ Decision 1179/QD-TCHQ, dated
June 17, 2009 of the Customs General Department on the issuance of the customs
management procedure for outsourced goods for a foreign party;
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3. For administrative
procedure simplifying measures of other ministries and agencies containing
amendments on service fees
The Ministry of Transport shall
- As the lead agency, coordinate
with the Ministry of Construction in drafting the Ordinance amending, superseding
or repealing relevant regulations in Ordinance 38/2001/PL-UBTVQH10 , dated
August 28, 2001, on service fees for the purposes of implementing
administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5 and
6, section A, part XIV of this Resolution, to be completed by November 30, 2010
for submission to the Ministry of Justice and subsequent submission to the
Government for review and decision-making on whether to propose the draft
Ordinance.
- As the lead agency, coordinate
with the Ministry of Construction in drafting the revised decrees for relevant
provisions in Decree 24/2006/ND-CP , dated March 6, 2006 of the Government which
amends Decree 57/2002/ND-CP , dated June 3, 2002 of the Government providing
implementing details for Service fee Ordinance for the purposes of implementing
administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5 and
6, section A, part XIV of this Resolution, to be completed by November 30, 2010
for submission to the Government for review and decision-making on whether to
attach such documents with the draft law submitted to the National Assembly.
- As the lead agency, coordinate
with the Ministry of Construction in drafting the revised circulars amending,
superseding or repealing relevant provisions in Circular 97/2006/TT-BTC , dated
October 16, 2006, of the Ministry of Finance, guiding on service fees under the
jurisdiction of provincial/central municipal People’s Committees, for the
purposes of implementing administrative procedures simplification indicated in
Numbers 1, 2, 3, 4, 5 and 6, section A, part XIV of this Resolution, to be
completed by November 30, 2010 for submission to the Government for review and
decision-making on whether to attach such documents with the draft law submitted
to the National Assembly.
- As the lead agency, coordinate
with the Ministry of Culture, Sports and Tourism in drafting the revised
circulars for the purposes of implementing administrative procedures
simplification indicated in Number 1, section A, part XIII, Simplification Plan
attached to this Resolution. The issuing deadline is July 31, 2010.
- As the lead agency, coordinate
with the State Bank in drafting the revised circulars amending, superseding or
repealing relevant provisions in Circular 110/2002/TT-BTC, dated December 12,
2002, guiding on the collection, payment, usage of service fees pertaining to
banking, securities and insurance, for the purposes of implementing
administrative procedures simplification indicated in Number 1, section A, part
XIII, Simplification Plan attached to this Resolution. The issuing deadline is
July 31, 2010.
- As the lead agency, coordinate
with the Ministry of Culture, Sports and Tourism in drafting a circular on
service fees for office opening licensing for a foreign travel agent in
Vietnam, for the purposes of implementing administrative procedures
simplification indicated in Number 1, section A, part XIII, Simplification Plan
attached to this Resolution, to be enacted by July 31, 2010.
- As the lead agency, coordinate
with the Ministry of Natural Resources and Environment and Ministry of Justice
in drafting circulars amending, superseding or repealing relevant regulations
in:
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+ Joint Circular
91/2008/TT-LT-BTC-BTP, dated October 17, 2008, of the Ministries of Finance –
Justice, guiding the regime of collection, payment, management and usage of
notary fee; for the purposes of implementing administrative procedures
simplification indicated in Number 13, 14, 19, 20, section A, part IX,
Simplification Plan attached to this Resolution, to be enacted by June 30,
2010.
XI.
SIMPLIFICATION PLAN FOR ADMINISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE
JURISDICTION OF THE MINISTRY OF INFORMATION AND COMMUNICATION
A.
Specifics of the simplification plan
1. Procedure of reporting to
the Department of Information and Communication on provision of Internet
service (B-BTT-131355-TT)
- What to report: the
requirement on reporting information related to licensing Internet service
provision in part I shall be omitted.
- How often to report: companies
with dominating market shares shall perform reporting once every three months.
The remaining companies shall do the reporting once every six months.
- How to file reports: the
company or its local branches shall file the report to the Department of
Information and Communication over the Internet.
2. Procedure of reporting to
the Ministry of Information and Communication on provision of Internet service
(B-BTT-054767-TT )
- What to report:
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+ A requirement for provision of
information about Internet service quality shall be added to part IV.
- How often to report: companies
with dominating market shares shall perform reporting once every three months.
The remaining companies shall do the reporting once every six months.
- How to file reports: companies
shall file the report to the Ministry of Information and Communication over the
Internet.
- Prior to January 1, 2011, the
Departments’ reports shall be integrated with the Ministry report and the
overall Internet report shall be synchronized with the telecommunication
industry.
3. Procedure of regular
checking of telecommunication-specific technical facilities (B-BTT-028206-TT)
- “Valid gauging and audit
results” as part of the file shall be expunged.
- Those subject to the direct
audit procedure shall be reduced with a view to: stations not subject to the
audit procedure owing to low risks of unsafe radiation shall be clearly
specified (BTS stations located in remote, distant, border, island areas or BTS
stations located far from residential areas, low capacity stations); with
regards to these stations, the companies only need to comply with the procedure
of declaring the quality of the telecommunication works and be accountable for
that, and the relevant state agency shall perform governance through retrospect
audit.
- The audit approach shall be
changed by making the measuring of technical specifications of BTS stations a
part of quality control certification; the responsibility of auditing agencies
in measuring, quality certification and follow-up monitoring shall be defined.
- It shall be clearly stated
that auditing fee includes measuring costs and shall not exceed the current fee
level set by the Ministry of Finance.
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- A provision on the steps of
the procedure and how they are taken shall be added.
- Composition of file:
+ The requirement for the proposition
in writing from the supervising entity shall be repealed.
+ A provision shall be added
stating that in case of direct submission of the file at the relevant
authority, the applicant may submit copies for all types of papers and take the
originals to such public service for checking and matching.
+ The requirement for submission
of copies of diplomas, certificates, working contracts, social security books
of book censors shall be annulled and replaced by providing in details
information on serial number, date of issuance, issuing entity for such
diplomas, certificates, working contracts in the register of book censors.
+ The requirement for verifying
working years of content censors shall be repealed and replaced by the applying
entity’s guarantee.
- The number of documents to
submit shall be clearly stated as 01 set.
- Application form: the
application form for licensing importation of publication products for
commercial purposes shall be provided in Attachment 16, Decision
31/2006/QD-BVHTT as described under:
+ The initial part of “Name of
supervising entity” and “Name of applying entity” shall be omitted.
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+ The notes part shall be
repealed.
+ Both Vietnamese – English
languages shall be used for the form.
- A register of book contents
censors shall be developed and issued.
- Requirements:
+ The requirement of “Having at
least five book contents censors working under long-term employment agreements
and benefiting from social security contribution; book contents censors must
hold college degrees or above in the foreign languages relevant to the
languages used in most of the imported books, having working experience in
publishing or export, import of publication products of five years and above
and not subject to business ban by the law” shall be replaced with “Having at
least five book contents censors. Book contents censors must have working
experience in publishing of five years and above, professional skills and
college degrees or above in the foreign languages relevant to most of the
imported books”.
+ The requirement of “Having at
least seven book contents censoring associates working under one-off employment
agreements; book contents censoring associates shall hold college degrees and
above in foreign languages and relevant professional skills for assessing the
contents of imported books”.
+ The requirement of “Having the
principal office and space for dealing publication products of 100 m2 or
above”, and “Having owner’s capital of VND5 billion or above” shall be
repealed.
5. Procedure of certification
of the register of imported publication products (B-BTT-024261-TT)
- Submission of the register of
imported publication products to the Department of Publication shall be
replaced by on-line registration once technical capacity is available
(electronic transactions and digital signatures shall be rolled out
across-the-board). The Department of Publication shall put in place a software
program for registration and guide importers to register on-line.
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- The provision of expiry of the
certificate on December 31 every year shall be repealed. Companies shall be
allowed to use the imported publication products register certificate until
customs clearance is finished.
- The form “Registration of
imported publication products” shall be modified as under:
+ The section of “Hanoi, [date]
...” shall be left blank for the applicant to fill in.
+ “To: (entity in charge)” shall
be added below the form title.
+ Legal justification: the
amended Publication Law shall be added.
+ The words “Based on the
License ... issued by the Ministry of Culture – Information” shall be added
with “License number and issuance date”; “Ministry of Culture – Information”
shall change to “Ministry of Information and Communication”.
+ The section for signature and
seal of the entity head shall be changed to “Legal representative for the
company”.
+ Information on the total
number of copies in the register of imported publication products shall be
changed to Registered list.
The form “Registered list of
imported publication products” shall be modified as under:
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+ “Head of entity” shall change
to “Legal representative of the company”.
+ Both Vietnamese – English languages
shall be used in the form.
B.
Responsibility in implementing the simplification plan The Ministry of
Information and Communication shall
- As the lead agency, coordinate
with the Ministry of Finance, Ministry of Public Security and other related ministries
and agencies in drafting decrees amending, superseding or annulling related
provisions in:
+ Decree 11/2009/ND-CP , dated
February 10, 2009 of the Government on amendment of Decree 111/2005/ND-CP;
+ Decree 111/2005/ND-CP, dated
August 26, 2005 of the Government, providing implementing guidelines for
selected Articles of the Publication law; for implementing the simplification
plan for administrative procedures indicated in Numbers 4 and 5, section A,
part XI of the Simplification Plan attached to this Resolution, and submitting
such documents to the Government for review and decision- making by July 31,
2010.
- Circulars amending,
superseding or annulling related provisions shall be drafted for:
+ Circular 05/2008/TT-BTTTT ,
dated November 12, 2008 of the Ministry of Information and Communication,
guiding selected Articles of Decree 97/2008/ND-CP , dated August 28, 2008 of the
Government on management, provision and use of Internet service and
Internet-based electronic information in terms of Internet services.
+ Circular 09/2009/TT-BTTTT,
dated March 24, 2009 of the Ministry of Information and Communication,
providing regulations on audit and announcing the relevance of
telecommunication-specific technical facilities.
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+ Circular 10/2009/TT-BTTTT,
dated March 24, 2009 of the Ministry of Information and Communication on the
issuance of the list of telecommunication works that are compulsorily subject
to audit; for implementing the simplification plan for administrative
procedures indicated in Numbers 1, 2 and 3, section A, part XI of the
Simplification Plan attached to this Resolution, for issuance by December 31,
2010.
XII.
SIMPLIFICATION PLAN FOR ADMINISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE
JURISDICTION OF THE MINISTRY OF JUSTICE
A.
Specifics of the simplification plan
Procedures of public notarization
of agreements related to land use rights:
1. Procedure of public
notarization of land use right mortgages - B-BTP- 052984-TT
2. Procedure of public
notarization of land use right and property on land mortgages - B-BTP-052986-TT
3. Procedure of public
notarization of land use rights leases - B-BTP-052972-TT
4. Procedure of public
notarization of land use rights and property on land leases - B-BTP-052975-TT
5. Procedure of public
notarization of capital contribution agreements using land use rights -
B-BTP-052987-TT
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- The provision of compulsory
public notarization of the afore mentioned agreements shall be annulled and
changed from compulsory requirements to adaptation to the needs of parties
involved in the mortgaging relation.
- In case the procedure of
public notarization of the said agreements in a voluntary manner applies,
changes shall be made as follows:
+ The request form for public
notarization of agreements and transactions shall be repealed.
+ Article 47 of the Public
Notarization Law of 2006 shall be amended to allow any public notaries of a
public notarization service provider archiving the initial mortgage agreement
shall be entitled to certifying additional mortgaging.
+ The provisions of the Land Law
of 2003 related to the pubic notarization of agreements pertaining to land use
rights shall be changed to allow any public notarization service providers to provide
public notarization of agreements associated with land use rights.
+ The Ministry of Finance shall
work with the Ministry of Justice in considering reduction of public
notarization fees for procedures of public notarization of agreements
associated with land use rights.
7. Procedure of registering
changes in guaranteed transactions previously registered as movables (except
for aircrafts and sea vessels) - B-BTP-051293-TT
- It shall be clearly stated
that the number of files to be submitted is 01 set.
- The validity period of the
procedure shall be defined as from the time of registration to the time such
registration is removed upon the request for removal by the guaranteed party.
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Procedures of registering
property mortgaging at land use rights registering offices:
8. Procedure of registering
mortgages of property attached to land at provincial level land use rights
registering offices - B-BTP-051385-TT
9. Procedure of registering
mortgages of property attached to land at district level land use rights
registering offices - B-BTP-051584-TT
10. Procedure of registering
mortgages using land use rights or land use rights and property attached to
land at provincial level land use rights registering offices - B-BTP-051357-TT
11. Procedure of registering
mortgages using land use rights or land use rights and property attached to
land at district level land use rights registering offices - B-BTP-051506-TT
- The compulsory requirement of
public notarization and validation of mortgages of land use rights or land use
rights and property attached to land as part of the application file to submit
shall be repealed.
- The use of documents
certifying ownership of property attached to land and land use rights papers in
the spirit of Decree 88/2009/ND-CP , dated October 19, 2009, of the Government,
on certification of land use rights, ownership of houses and other property
attached to land shall be consistently adopted. The provision of accepting
other types of papers as part of the application file to prove land use rights
and ownership of property attached to land shall be repealed.
B.
Responsibility in implementing the simplification plan
1. For simplification
measures of administrative procedures pertaining to amendments of laws and
by-laws:
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- As the lead agency, coordinate
with the Government Cabinet and other related agencies in drafting a law
amending selected Articles of the Public Notarization Law of 2006 for the
purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3,
4, 5, 6, section A, part XII of the Simplification Plan attached to this
Resolution, to be completed by November 30, 2010 and submitted to the
Government for review and decision-making on whether to propose the draft law.
- As the lead agency, coordinate
with the Ministry of Natural Resources and Environment, Government Cabinet and
other related agencies in drafting a decree amending, superseding or annulling
related regulations in Decree 163/2006/ND-CP , dated December 29, 2006, of the
Government, on guaranteed transactions, for the purposes of simplifying
administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8, 9, 10, 11,
section A, part XII of the Simplification Plan attached to this Resolution, to
be completed by December 31, 2010 and submitted to the Government for review
and decision-making on whether to attach with the draft law for submission to
the National Assembly.
- As the lead agency, coordinate
with the Ministry of Natural Resources and Environment in drafting circulars
amending, superseding or repealing related provisions in:
+ Joint Circular
05/2005/TTLT-BTP-BTNMT, dated June 16, 2005 of the Ministries of Justice and
Natural Resources – Environment, guiding registration of mortgaging and
guaranteeing land use rights and property attached to land;
+ Joint Circular
03/2006/TTLT-BTP-BTNMT , dated June 13, 2006 of the Ministries of Justice and
Natural Resources – Environment, on amendment of selected provisions in Joint
Circular 05/2005/TTLT-BTP-BTNMT, dated June 16, 2005; for implementing the
simplification plan for administrative procedures indicated in Numbers 1, 2, 3,
4, 5 and 6, section A, part XII of the Simplification Plan attached to this
Resolution, by December 31, 2010 for submission to the Government for review
and decision-making on whether to attach with the draft law for submission to
the National Assembly.
b) The Ministry of Natural
Resources and Environment shall
- As the lead agency, coordinate
with the Ministry of Justice in drafting a law amending, superseding or
annulling related regulations in the Land Law No. 13/2003/QH11, dated December
10, 2003, for the purposes of simplifying administrative procedures indicated
in Numbers 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, section A, part XII of the
Simplification Plan attached to this Resolution, to be completed by December
31, 2010 and submitted to the Ministry of Justice for compilation and
subsequent submission to the Government for review and decision-making on
whether to propose the draft law.
- As the lead agency, coordinate
with the Ministry of Justice in drafting a decree amending, superseding or
annulling related regulations in Decree 181/2004/ND-CP , dated October 29, 2004,
of the Government, on the implementation of the Land Law, for the purposes of
simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8,
9, 10, 11, section A, part XII of the Simplification Plan attached to this
Resolution, to be completed by December 31, 2010 and submitted to the
Government for review and decision-making on whether to attach with the draft
law for submission to the National Assembly.
2. Simplifying measures of
administrative procedures that do not entail amendment of laws and by-laws
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- As the lead agency, coordinate
with the Ministry of Natural Resources and Environment in drafting a decree
amending, superseding or annulling related regulations in Decree 08/2000/ND-CP ,
March 10, 2003, of the Government on registering guaranteed transactions, for
the purposes of simplifying administrative procedures indicated in Number 7, section
A, part XII of the Simplification Plan attached to this Resolution, to be
submitted to the Government for review and decision- making by July 31, 2010.
- Draft Circulars shall be
developed to amend, supersede or repeal related regulations in:
+ Circular 06/2006/TT-BTP , dated
September 28, 2006 of the Ministry of Justice, guiding selected issues related
to authority, steps and procedure for registering and providing information on
guaranteed transactions at the Center for registering transactions and property
of the National Administration for Registration of guaranteed transactions,
Ministry of Justice.
+ Circular 03/2007/TT-BTP, dated
May 17, 2007 of the Ministry of Justice, amending selected provisions of
Circular 06/2006/TT-BTP , dated September 28, 2006; for implementing the
simplification plan for administrative procedures indicated in Number 7,
section A, part XII of the Simplification Plan attached to this Resolution. The
deadline for enactment is July 31, 2010.
XIII.
SIMPLIFICATION PLAN FOR ADMINISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE
JURISDICTION OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM
A.
Specifics of the simplification plan
1. Procedure of licensing
representative offices of foreign travel agents in Vietnam - B-BVH-017648-TT
- Steps of the procedure:
Foreign travel agents shall submit directly (or by post) one set of application
file for establishment of representative offices of foreign travel agents in
Vietnam to the provincial level state agency in charge of tourism (Department
of Culture, Sports and Tourism), where the representative offices are expected
to be located.
- Composition of application
file: The provision requiring that the application file includes the passport
or ID card (in case of Vietnamese national); a copy of the passport (in case of
expatriates) of the head of office, the lease agreement for the representative
office space, audited financial statements or verification of fulfillment of
tax or financial liabilities in the latest fiscal year shall be annulled.
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+ Information related to
business registration as part of the application shall be repealed.
+ Documents attached to the
application letter shall be repealed.
+ The languages used in the
application shall be Vietnamese and English.
- Procedure handling timeline:
The timeline shall be reduced from 15 to 7 working days.
- Service fees: A provision
defining the service fee for establishment of representative offices of foreign
travel agents in Vietnam shall be added.
2. Procedure of publishing
and disseminating publications in a foreign country (jurisdiction of the
Ministry of Culture, Sports and Tourism)
This procedure shall be
annulled.
3. Procedure of licensing
exhibitions of national or international nature - B- BVH-015443-TT.
- The existing procedure of
licensing exhibitions of national or international nature shall be divided into
two different procedures:
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+ Licensing cultural and
artistic exhibitions launched in a foreign country.
- More details shall be given to
how the procedure is done.
- The composition of application
file shall be simplified for individual procedures. In respect of the procedure
of licensing Vietnamese cultural and artistic exhibitions in a foreign country,
the application file shall include:
+ A application letter for the
license using an uniform template;
+ A list of publications,
authors, materials, sizes;
+ Invitation letters or
agreements, contracts signed by the involved parties.
4. Procedure of licensing
photo exhibitions, photo festivals, artistic photography competition (thematic
photography exhibitions, festivals; photography exhibitions, festivals of
national entities in or outside the country; photography exhibitions, festivals
of international organizations or individual members of international
organizations in Vietnam; showcasing personal photos overseas in competitions,
photo festivals of national or international scale) - B- BVH-014314-TT
- The existing procedure of
licensing Vietnamese photo exhibitions in a foreign country shall be made a
separate procedure.
- More details shall be given on
how the procedure is done.
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+ A application letter for the
license using an uniform template;
+ A list of publications,
authors, materials, sizes;
+ Invitation letters or
agreements, contracts signed by the involved parties.
5. Procedure of permitting
central level artistic entities, performers on the staff of central artistic
entities to go overseas for professional artistic performance - BVH-029356-TT
Details shall be given to the
steps and mode of implementation applicable for individuals and organizations.
Details shall be specifically
given as to the elements of the dossier, required number of dossier shall be 1
set.
A request form shall be
developed and issued.
6. Procedure of Organizing Vietnamese
movies abroad - B-BVH-005427-TT
Details shall be given to the
steps and mode of implementation applicable for individuals and organizations.
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- The request form shall be
developed and issued.
- The procedure processing time
shall be cut from 15 to 5 working days.
7. Procedure of publishing
and disseminating publications in a foreign country (jurisdiction of the
Department of Culture, Sports and Tourism)
This procedure shall be
annulled.
8. Procedure of permitting
sub-national artistic entities and performers going abroad for professional
artistic performance - B-BVH-029358-TT
Details shall be given to the
steps and mode of implementation applicable for individuals and organizations.
Details shall be specifically
given as to the elements of the dossier, required number of dossier shall be 1
set.
The request form shall be
developed and issued.
B.
Responsibility of implementing the simplification plan
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- As the lead agency, coordinate
with related ministries and agencies in drafting decrees amending, superseding
or repealing related provisions in:
+ Decree 92/2007/ND-CP , dated
June 1, 2007 of the Government, guiding the implementation of the Tourism Law;
+ Decree 72/2000/ND-CP , dated
December 5, 2000 of the Government on publishing and disseminating publications
overseas;
+ Decree 96/2007/ND-CP , dated
June 6, 2007 guiding the implementation of the Photography Law; for
implementing the simplification plan for administrative procedures indicated in
Numbers 1, 2, 6, 7, section A, part XIII of the Simplification Plan attached to
this Resolution, for submission to the Government for review and decision-making
by July 31, 2010.
- Draft Circulars shall be
developed to amend, supersede or repeal related provisions in:
+ Circular
89/2008/TT-BVHTT&DL, dated December 30, 2008, of the Ministry of Culture,
Sports, Tourism, guiding the implementation of Decree 92/2007/ND-CP , dated June
1, 2007 of the Government, as the implementing document of the Tourism Law;
+ Decision 10/2000/QD-BVHTT ,
dated May 15, 2000 of the Minister of Culture and Information on the
regulations for esthetic art exhibition;
+ Decision 29/2000/QD-BVHTT,
dated November 20, 2000 of the Minister of Culture and Information;
+ Decision 47/2004/QD-BVHTT,
dated July 2, 2004 of the Minister of Culture and Information on issuing the
Regulations on performing and organizing professional artistic performance
activities; for implementing the simplification plan for administrative
procedures indicated in Numbers 1, 3, 4, 5, 6, 7, section A, part XIII of the
Simplification Plan attached to this Resolution. The issuance deadline is July
31, 2010.
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A.
Specifics of the simplification plan
1. Procedure “Licensing
construction projects of special class, class I, class II; religious
structures, historic and cultural sites; monumental statues, pictures located
in the administrative area of one’s jurisdiction; structures on main urban road
and street routes and axes; structures in projects with direct foreign
investment; project-associated structures and other works under the jurisdiction
of the provincial level PC” - B-BXD-046325-TT
- The steps of the procedure
shall be clarified, including:
+ Detailed steps that
individuals, entities and the public service in charge of the procedure must
follow in line with a chronological order;
+ Clearly defined responsibility
of the public service in each step;
+ Clearly defined responsibility
of the involved individuals and entities in each step.
- Composition of application
file:
+ The composition and nature of every
document that constitutes the file shall be clarified, and whether certified
copies or copies accompanied by the respective originals for matching or copies
certified by the very corporate investor shall be submitted;
+ Detailed specification of every
type of papers related to land use right and house ownership required for
construction licensing;
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+ The number of application file
to submit shall specifically be defined as 01 set.
- Valid term of the license:
+ The provision of “valid term
for construction commencement” in the construction license shall be repealed.
+ It shall be clearly indicated
that the investor only needs to apply for amendment of the construction license
in case changes in the detailed construction zoning plan affect the terms and
conditions of the license for which the respective construction works have not
started at such time.
- Construction fee shall be
banned.
- Application form:
+ The name of the application
form for construction shall be changed to: “Request for construction licensing
(construction works)”.
+ These parts shall be removed
from the form: items 2, 5, 6: “Background of the land”, “Individual/corporate
design assessor (if any)”, “Dismantling, relocating plan (if any)”.
+ An item 3 shall be added:
Project name.
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2. Procedure “Licensing
construction projects of class III and below, urban individual houses (except
for projects under the jurisdiction of provincial level PCs)” - B-BXD-046331-TT
- The detailed sequence of
procedure steps shall be defined, including:
+ Detailed specification of
every type of papers related to land use right and house ownership required for
construction licensing;
+ Detailed provision on the
number of every document in the file: 01 copy, 02 copies for design drawings
(01 copy to be attached with the construction license);
+ The number of application file
to submit shall specifically be defined as 01 set.
- Composition and number of
application files:
+ The composition and nature of
every document that constitutes the file shall be clarified, and whether
certified copies or copies accompanied by the respective originals for matching
or copies certified by the very corporate investor shall be submitted;
+ Detailed specification of
every type of papers related to land use right and house ownership required for
construction licensing;
+ Detailed provision on the
number of every document in the file: 01 copy, 02 copies for design drawings
(01 copy to be attached with the construction license);
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- Valid term of the license:
+ The provision of “valid term
for construction commencement” in the construction license shall be repealed.
+ It shall be clearly indicated
that the investor only needs to apply for amendment of the construction license
in case changes in the detailed construction zoning plan affect the terms and
conditions of the license for which the respective construction works have not
started at such time.
- Construction fee shall be
banned.
- Application form:
+ The name of the application
form shall be broken down and changed to: “Request for construction licensing
(for urban individual houses)”.
+ Items 2, 5, 6: “Background of the
land”, “Individual/corporate design assessor (if any)”, “Dismantling,
relocating plan (if any)” shall be removed.
+ Item 4 shall be revised to:
“Individual/corporate designer (for houses with total floor area larger than
250 m2 and three stories or above): Practice license number / Practice
certificate number: … issuance date …”
3. Procedure “Licensing
individual houses in rural residential areas for which approved construction
zoning plans for the administrative areas under one’s jurisdiction are available"
- B-BXD-046345-TT
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+ Detailed steps that
individuals, entities and the public service in charge of the procedure must
follow in line with a chronological order;
+ Clearly defined responsibility
of the public service in each step;
+ Clearly defined responsibility
of the involved individuals and entities in each step.
- Composition and number of
application files:
+ The composition and nature of
every document that constitutes the file shall be clarified, and whether
certified copies or copies accompanied by the respective originals for matching
or copies certified by the very corporate investor shall be submitted;
+ Detailed specification of
every type of papers related to land use right and house ownership required for
construction licensing;
+ Detailed provision on the
number of every document in the file: 01 copy, 02 copies for design drawings
(01 copy to be attached with the construction license);
+ The number of application file
to submit shall specifically be defined as 01 set.
- Procedure processing time: no
longer than 10 working days since receipt of the full valid application (for
rural individual houses).
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+ The provision of “valid term
for construction commencement” in the construction license shall be repealed.
+ It shall be clearly indicated
that the investor only needs to apply for amendment of the construction license
in case changes in the detailed construction zoning plan affect the terms and
conditions of the license for which the respective construction works have not
started at such time.
- Construction fee shall be
banned.
- Application form:
+ The name of the application
form shall be changed to: “Request for construction licensing (for rural individual
houses)”.
+ Item 2 - “Background of the
land” shall be removed.
4. Procedure “Amendment of
construction licenses under the jurisdiction of provincial level People’s
Committees” - B-BXD-046352-TT
- The steps of the procedure
shall be clarified, including:
+ Detailed steps that
individuals, entities and the public service in charge of the procedure must
follow in line with a chronological order;
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+ Clearly defined responsibility
of the involved individuals and entities in each step.
- Composition and number of
application files:
+ The composition and nature of
every document that constitutes the file shall be clarified, and whether
certified copies or copies accompanied by the respective originals for matching
or copies certified by the very corporate investor shall be submitted;
+ Detailed provision on the
number of every document in the file: 01 copy, 02 copies for design drawings (01
of which to be attached with the construction license when returned);
+ The number of application file
to submit shall specifically be defined as 01 set.
- Valid term of the license:
+ The provision of “valid term
for construction commencement” in the construction license shall be repealed.
+ It shall be clearly indicated
that the investor only needs to apply for amendment of the construction license
in case changes in the detailed construction zoning plan affect the terms and
conditions of the license for which the respective construction works have not
started at such time.
- Construction fee shall be
banned.
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- The steps of the procedure
shall be clarified, including:
+ Detailed steps that
individuals, entities and the public service in charge of the procedure must
follow in line with a chronological order;
+ Clearly defined responsibility
of the public service in each step;
+ Clearly defined responsibility
of the involved individuals and entities in each step.
- Composition and number of
application files:
+ The composition and nature of
every document that constitutes the file shall be clarified, and whether certified
copies or copies accompanied by the respective originals for matching or copies
certified by the very corporate investor shall be submitted;
+ Detailed provision on the
number of every document in the file: 01 copy, 02 copies for design drawings (01
of which to be attached with the construction license when returned);
+ The Request for amendment of
construction license form shall be provided.
+ The number of application file
to submit shall specifically be defined as 01 set.
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+ The provision of “valid term
for construction commencement” in the construction license shall be repealed.
+ It shall be clearly indicated
that the investor only needs to apply for amendment of the construction license
in case changes in the detailed construction zoning plan affect the terms and
conditions of the license for which the respective construction works have not
started at such time.
- Construction fee shall be
banned.
6. Procedure “Amendment of
construction licenses under the jurisdiction of commune level People’s
Committees" - B-BXD-046392-TT
- The steps of the procedure
shall be clarified, including:
+ Detailed steps that
individuals, entities and the public service in charge of the procedure must
follow in line with a chronological order; step.
+ Clearly defined responsibility
of the public service in each step;
+ Clearly defined responsibility
of the involved individuals and entities in each
- Composition and number of
application files:
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+ Detailed provision on the
number of every document in the file: 01 copy, 02 copies for design drawings
(01 of which to be attached with the construction license when returned);
+ The Request for amendment of
construction license form shall be provided.
+ The number of application file
to submit shall specifically be defined as 01 set.
- Procedure handling time: no
longer than 07 working days since receipt of the full valid application.
- Valid term of the license:
+ The provision of “valid term
for construction commencement” in the construction license shall be repealed.
+ It shall be clearly indicated
that the investor only needs to apply for amendment of the construction license
in case changes in the detailed construction zoning plan affect the terms and
conditions of the license for which the respective construction works have not
started at such time.
- Construction fee shall be
banned.
7. Procedure “Licensing
temporary construction works under the jurisdiction of provincial level
People’s Committees"- B-BXD-046434-TT
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+ The name of the application
form for temporary construction license shall be changed to: “Request for
temporary construction licensing (construction works)”.
+ The items 2, 5, 6: “Background
of the land”, “Individual/corporate design assessor (if any)”, “Dismantling,
relocating plan (if any)” shall be repealed.
+ An item 3: Project name, shall
be added.
+ Item 4 shall be revised to:
“Individual/corporate designer: Practice license number / Practice certificate
number: … issuance date …”
8. Procedure “Licensing
temporary construction works under the jurisdiction of district level People’s
Committees" - B-BXD-046440-TT
- Application form:
+ The name of the application
form shall be broken down and changed to: “Request for temporary construction
licensing (for urban individual houses)”.
+ Items 2, 5, 6: “Background of
the land”, “Individual/corporate design assessor (if any)”, “Dismantling,
relocating plan (if any)” shall be removed.
+ Item 4 shall be revised to:
“Individual/corporate designer (for houses with total floor area larger than
250 m2 and three stories or above): Practice license number / Practice
certificate number: … issuance date …”
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- Application form:
+ The name of the application
form shall be broken down and changed to: “Request for temporary construction
licensing (for rural individual houses)”.
+ Item 1: “Representative: …
Position: …” shall be replaced with “ID card number: … Issuance date: …”.
+ Items 2, 3: “Background of the
land”, “Type of structure: … Class of structure: …” shall be removed.
+ Items 4, 5, 6:
“Individual/corporate designer”, “Individual/corporate design assessor (if
any)”, “Dismantling, relocating plan (if any)” shall be removed.
10. Procedure “Extension of
construction licenses under the jurisdiction of provincial level People’s
Committees” - B-BXD-046398-TT
The procedure shall be repealed.
11. Procedure “Extension of
construction licenses under the jurisdiction of district level People’s
Committees" - B-BXD-046404-TT
The procedure shall be repealed.
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The procedure shall be repealed.
13. Procedure “Consultation
on the base design of national critical projects and Category A projects
financed by non-budget funds” - B-BXD-050250-TT.
- The steps of the procedure
shall be clarified, including:
+ Detailed steps that individuals,
entities and the public service in charge of the procedure must follow in line
with a chronological order;
+ Clearly defined responsibility
of the public service in each step;
+ Clearly defined responsibility
of the involved individuals and entities in each step.
- Composition and number of
application files:
+ The request for comments on
the base design shall be designed as a form.
+ Specific types of related
legal documents shall be defined.
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- The steps of the procedure
shall be clarified, including:
+ Detailed steps that
individuals, entities and the public service in charge of the procedure must
follow in line with a chronological order;
+ Clearly defined responsibility
of the public service in each step;
+ Clearly defined responsibility
of the involved individuals and entities in each step.
- Composition and number of
application files:
+ The request for comments on the
base design shall be designed as a form.
+ Specific types of related
legal documents shall be defined.
B.
Responsibility of implementing the simplification plan The Ministry of
Construction shall
- As the lead agency, coordinate
with related ministries and agencies in drafting a decree amending, superseding
or annulling related regulations in Decree 12/2009/ND- CP, dated February 12,
2009, of the Government on management of construction projects, for the
purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, section A, part XIV of the
Simplification Plan attached to this Resolution, to be submitted to the
Government by July 31, 2010.
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XV.
Simplifying plan for administrative procedures of review priority under the
jurisdiction of the Ministry of Health
A.
Specifics of the simplifying plan
1. Procedure of Certification
of food safety and hygiene for high-risk foodstuff producers, processors and
dealers - B-BYT-031880-TT
- Subject target groups
specified in paragraph 2, Article 1 of the Regulations on certification of food
safety and hygiene for high-risk foodstuff producers and dealers, attached with
Decision 11/2006/QD-BYT , dated March 9, 2006 of the Ministry of Health, shall
be broken down to by different risk categories and risk levels (high risk,
medium risk and low risk).
- The number of files shall be
fixed at 01 set.
- Different compositions of
application files shall be required for different categories of high-risk
foodstuff producers, processors and dealers under the jurisdiction of the
Departments and Ministry of Health, as well as the compositions of application
files for different categories of high-risk foodstuff producers, processors and
dealers under the jurisdiction of district and commune levels People’s
Committees, to be specific:
+ For substantial sized
facilities under the jurisdiction of Department and Ministry levels, the
composition of the file shall be simplified by: repealing the need for business
certificates; for certificates of adequate health and participation in training
on foodstuff safety and hygiene of the facility owner and hands-on workers,
only copies sealed or signed on behalf of the entity shall be sufficient. In
case of people holding college or junior college degrees in medicine, pharmacy,
pharmaceutical technology and so on, the certificate of foodstuff safety and
hygiene training shall not be needed but in stead, only the degree and a copy
shall be presented for matching, with the holder’s signature on the copy.
+ For small-scale facilities
under the jurisdiction of district and commune level People’s Committees, the
application file shall consist of: a request for certification; a covenant to
maintain foodstuff safety and hygiene for food materials and products produced
and sold by the entity; copies of certificates of adequate health,
participation in training on food safety and hygiene signed or sealed by the
facility owner or field workers.
- “Date of incorporation: …”,
“Output/Capacity and number of employees”, “We hereby submit this application
for certification of food hygiene and safety … (specify commodities and
business lines)” in the application form shall be removed.
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- Audit and inspection plans of high-risk
food producers, processors and dealers shall be developed prior to food safety
and hygiene certification.
- Technical standards and norms
shall be introduced to guide assessment of food production, processing and
trading.
- Definition of roles and
coordinating responsibilities between the Ministry of Health, Ministry of
Agriculture and Rural Development, Ministry of Industry and Trade in monitoring
and food hygiene and safety certification for food producing and business
entities shall be clarified.
2. Procedure of Certification
of locally made common foodstuff products standards - B-BYT-034996-TT
- The name of the procedure
shall be correctly changed to: Public certification of locally made common
foodstuff standards.
- On the number and elements of
dossier:
+ 01 set of application file
shall be required.
+ The requirement for copies of
certificate of trademark ownership, receipts of application assessment and
certification serial number issuance fee payment to the relevant certifying
agency; representative office license for foreign manufacturing companies shall
be repealed.
- Signature and seal of the
business owner and Vietnamese national businessmen shall be required for only
copies of business license.
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- The valid term of the locally
made common food standards certificate shall be extended to 5 years.
3. Procedure of Certification
of food standards for natural mineral water - B- BYT-038004-TT
- The name of the procedure
shall be correctly changed to: Public certification of product standards for
locally made mineral water.
- On the number and elements of
dossier:
+ 01 set of application file
shall be required.
+ The requirement for copies of
certificate of trademark ownership, business certificate for Vietnamese
national businessmen or representative office license for foreign manufacturing
companies; copies of receipts of application assessment and certification
serial number issuance fee payment to the relevant certifying agency shall be
repealed.
- The application for
certification of fitness for business operation shall be replaced with
Certification of food hygiene and safety for high-risk food producers,
processors, dealers (the existing regulations attached to Decision 42/QD-BYT
provides incorrect requirement on this component of the application file).
- Application form: the product
name in Vietnamese and English shall be added to “Applicable products” in the
facility’s product standard statement (Form 1); the name of Form 2 attached to
the regulations of announcement of product standards shall be: Base standard
statement and is placed in the top middle of the page.
- The name of the form
“CERTIFICATE OF PRODUCT STANDARDS” shall be changed to “PUBLIC CERTIFICATE OF
PRODUCT STANDARDS” (to be issued by the Food Hygiene and Safety Bureau,
Departments of Health, using 3a and 3b forms); the last part in the form shall
be modified as: “Relevant to the prevailing regulations on food quality,
hygiene and safety and allowed for market circulation”. The words “if the
trader guarantees that the product meets the announced standards” shall be
annulled.
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4. Procedure of certification
of product standards for imported food additives and food processing supportive
substances - B-BYT-037537-TT
- The name of the procedure shall
be correctly changed to: public certification of product standards for imported
food additives and food processing supportive substances.
- The extent of public
dissemination for products specified in paragraph 1, Article 1, Regulations for
announcing product standards attached to Decision 42/QD-BYT, dated December 8,
2005 on issuing the “Regulations on announcing food product standards” shall be
redefined. (In this Article, cigarettes are also deemed a food product).
- On the number and elements of
dossier:
+ Only 01 set of application is
required.
+ The requirement for copies of
sales contract, receipts for payment of application assessment fee and
certification serial number issuance fee, and certified copies of the business
license shall be repealed.
- The original quality test
results (for key quality criteria, quality sentinel criteria and related
benchmarks) issued by an independent quality control agency of the country of
origin shall be compulsory.
- The valid term of the food
standards certificate for natural water shall be increased from 3 years to 5
years.
5. Procedure of certification
of product standards for locally made infant nutrient foods - B-BYT-031088-TT
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- On the number and elements of
dossier:
+ 01 set of application file
shall be required.
+ The requirement for
application of food hygiene and safety certification or copies of the granted
certificate; copies of trademark ownership, receipts of application assessment
and certificate serial number issuance fee payment to the respective certifying
agency shall be repealed.
- The name of Form 2 attached to
the regulations of announcement of product standards shall be: Base standard
statement and is placed in the top middle of the page.
- The name of the form
“CERTIFICATE OF PRODUCT STANDARDS” shall be changed to “PUBLIC CERTIFICATE OF
PRODUCT STANDARDS” (to be issued by the Food Hygiene and Safety Bureau,
Departments of Health, using 3a and 3b forms); the last part in the form shall
be modified as: “Relevant to the prevailing regulations on food quality,
hygiene and safety and allowed for market circulation”. The words “if the
trader guarantees that the product meets the announced standards” shall be
annulled; the valid term of the paper shall be changed to 5 years.
- The valid term of the food
standards certificate for locally made infant nutrient foods shall be increased
from 3 years to 5 years.
6. Procedure of certification
of product standards for imported infant nutrient foods - B-BYT-040374-TT
- On the number and elements of
dossier:
+ Copies of certified business
certificate shall be replaced with copies of business certificate affixed with
the corporate seal or signed by the business owner in case of household
businesses (if a seal is not available).
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- Form 2 attached to the
regulations of announcement of product standards shall be named: Base standard
statement and is placed in the top middle of the page.
- The name of the form
“CERTIFICATE OF PRODUCT STANDARDS” shall be changed to “PUBLIC CERTIFICATE OF
PRODUCT STANDARDS” (to be issued by the Food Hygiene and Safety Bureau,
Departments of Health, using 3a and 3b forms); the last part in the form shall
be modified as: “Relevant to the prevailing regulations on food quality,
hygiene and safety and allowed for market circulation”. The words “if the
trader guarantees that the product meets the announced standards” shall be
annulled; the valid term of the paper shall be changed to 5 years.
- The valid term of the
certificate shall be increased from 3 years to 5 years.
7. Procedure of Issuing
receipts for applications of food products advertisement - B-BYT-037954 -TT
- On the number and elements of
dossier:
+ The number of application
files to be submitted shall be clearly defined as 01 set (01 copy for each
document), and 02 copies in particular for the advertising mock-up designs.
+ The requirement for certified
copies of the base standards statement, public certificate of product standards
issued by a health authority shall be repealed. Letter of Authorization of the
owner of the quality standards statement of advertising products (for entities
authorized for the advertisement) shall be repealed.
+ Only a copy of the business
license signed by the owner shall be required.
- On application form:
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- “Name, telephone number of
person or division in charge of application registration” shall be repealed.
- “Name, address of food and
food additives producer and dealer” shall be revised to “The name and address
of food and food additive producer and dealer shall match the name and address
of food and food additive producer and dealer that are announced or registered
for food hygiene and safety”.
- The expected effects of the
food shall be clearly indicated in the advertisement.
8. Procedure of licensing a
foreign company trading in medicines and medicine materials in Vietnam -
B-BYT-038601-TT
- On the elements of dossier:
+ The requirement that the applicant
submits certification of its existing bank account number in a local bank shall
be repealed.
+ Summarized audit statements of
the latest fiscal year (verified by an independent audit agency) shall be
replaced with the verification in writing of the tax office (where the company
registers) on performance or fulfilled tax liabilities in the originating
country in 12 consecutive months prior to the month the operation application
is filed, attached with a notarized translation.
- Application form: English
shall be added. Address and telephone number shall be omitted, as well as
company’s background information.
- The responding timeline shall
be reduced from 03 months to 30 days since receipt of the valid application.
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- This procedure shall be
formalized.
9. Procedure of issuing the
purchase order for finished medicine products without a register number for
businesses eligible for export and import of finished medicine products -
B-BYT-029750-TT
This procedure shall be
formalized.
10. Procedure of registering
new locally made western medicines - B-BYT- 034068-TT
- On the elements and number of
dossier:
+ 01 set of the application file
shall be required.
+ Reference of goods trademarks
or trademark protection certificates for brand name medicines shall be
repealed.
- The Good manufacturing
practice (GMP) certificate must meet WHO standards.
- The requirement that the
applicant signs every page of the application file shall be repealed.
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- This procedure shall be
legalized.
11. Procedure of registering
new western medicines made in a foreign country - B-BYT-033242-TT
- On the number and elements of
dossier:
+ 01 set of the application file
shall be required.
+ The circulation permit for the
medicine in the country of origin must be issued by a competent agency (FSC or
CPP) and the GMP certificate must be public notarized or legalized by the
consulate.
+ Reference of goods trademarks
or trademark protection certificates for brand name medicines shall be
repealed.
- The valid term for the
registration shall be increased to 5 years for common medicines.
- This procedure shall be
legalized.
12. Procedure of registering
licensed medicines between local drug makers - B-BYT-033634-TT
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+ 01 set of the application file
shall be required.
+ The production and circulation
permits for the medicine applied for licensing and the GMP certificate for the
licensing producer shall be repealed.
- The original licensing
agreement between the licensor and the licensee shall be submitted.
- Reference of goods trademarks
or trademark protection certificates for brand name medicines shall be
repealed.
- The handling time shall be
reduced from 6 months to 30 days.
- This procedure shall be
legalized.
13. Procedure of Good storage
practice certification - B-BYT-022684-TT
- On the number and elements of
dossier:
+ 01 set of the application file
shall be required.
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- The certification timeline shall
be reduced to 20 days since receipt of the full valid application.
- The valid term for good
storage practice certificates shall be increased to 5 years.
- Local Departments of Health
shall be vested with the authority to grant good storage practice certificates.
14. Procedure of granting
sequence numbers for received public notice of imported cosmetics -
B-BYT-022372-TT
- The procedure shall be renamed
as: receipt of public notices of imported cosmetics.
- On the number and elements of
dossier:
+ 01 set of the application file
shall be required.
+ As part of the application
file, the business registration certificate or investment license of the
applicant (for first filing), power of attorney of producers granted to
corporate or individual distributors in Vietnam shall be copies with signature
and corporate seal.
- The valid term of the receipt
sequence number for the public notice of cosmetics quality shall be increased
to 5 years.
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- On the number and elements of
dossier:
+ The applicant shall submit 01
set for. In case the applicant wishes to receive 01 note, it shall submit 02
sets.
- Reference and validation
materials for advertising information, advertisement, copies of drug user
manuals approved by the Drug Administration, copies of product circulation
license granted by the Administration, copies of the Decision granting drug
registry serial number by the Drug Administration shall be repealed.
- Guidance on how to pay the
service fee shall be added to the procedure sequence.
- The provision: “Only the drug
registering entity is allowed to register for information dissemination and
advertisement of drugs registered by them. In case the drug registering entity
wishes to authorize another party to register for the information dissemination
and advertisement, such authorization in writing shall be presented. The
authorized party must be a legitimate entity.”
16. Procedure “Issuing
receipt note for application of drug launch workshops”- B-BYT-034747 -TT
- The procedure shall be renamed
as: application for drug launch workshops for health workers.
- On the number and elements of
dossier:
+ Notice of workshop venue shall
be repealed.
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- The provision: “Only the drug
registering entity is allowed to register for information dissemination and
advertisement of drugs registered by them. In case the drug registering entity
wishes to authorize another party to register for the information dissemination
and advertisement, such authorization in writing shall be presented. The
authorized party must be a legitimate entity.”
17. Procedure of licensing
importation of medical equipment -B-BYT- 006155-TT
- The required trader’s
legitimate documents shall be clearly identified as the business registration
certificate or investment certificate.
- On the number and elements of
dossier:
+ 01 set of the application file
shall be required.
- + Corporate pledge to meet the
requirements on technical staff and physical facilities shall be added to the
medical equipment import “request” form.
+ The requirements on technical
staff and physical facilities shall be repealed.
+ The covenant of taking the responsibility
before the law in terms of quality, quantity and value of the goods applied for
importation shall be annulled.
18. Procedure of issuing
receipt notes for application for advertisement associated with provision of
medical services - B-BYT-042899-TT
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+ It shall be clearly defined
that 01 set of the application file is required, including 02 copies of mock-up
designs/advertising scripts.
+ The power of attorney and
“certified copy of practice certificate issued by the Ministry or Departments
of Health” shall be repealed.
- “Number of operation licenses”
in the application form shall be annulled.
- Departments of Health shall be
authorized to work with Departments of Culture, Information, Sports and Tourism
to process the procedure using the inter-connected ‘one-stop shop’ mechanism.
B.
Responsibility of implementing the simplification plan
1. The Ministry of Health
shall
- draft circulars amending,
superseding or annulling related provisions in:
+ Decision 11/2006/QD-BYT , dated
March 9, 2006, providing the “Regulations of food hygiene and safety
certification for high-risk food producers and dealers”;
+ Decision 42/2005/QD-BYT , dated
December 8, 2005, issuing the “Regulations on announcing food products standards”;
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+ Circular 17/2001/TT-BYT , dated
August 1, 2001, guiding foreign companies to register activities pertaining to
medicines and medicine materials in Vietnam;
+ Decision 3121/2001/QD-BYT,
dated July 18, 2001 of the Minister of Health, issuing medicine and medicine
materials registering regulations;
+ Decision 2701/2001/QD-BYT ,
dated June 29, 2001 of the Ministry of Health, issuing the “Good storage
practice” principles;
+ Decision 48/2007/QD-BYT , dated
December 31, 2007 of the Ministry of health issuing the “Regulations of
cosmetics management”;
+ Circular 13/2009/TT-BYT , dated
September 1, 2009 of the Ministry of Health, guiding medicine advertising
activities;
+ Circular 08/2006/TT-BYT , dated
June 13, 2006 guiding the importation of medical equipment; for the purposes of
simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8,
9, 10, 11, 12, 13, 14, 15, 16 and 17, section A, part XV of the Simplification
Plan attached to this Resolution. The issuance deadline is July 31, 2010.
2. The Ministry of Culture,
Sports and Tourism shall
- As a lead agency, coordinate
with the Ministry of Health and relevant ministries and agencies in drafting
circulars amending, superseding or annulling related provisions in:
+ Joint Circular
01/2004/TTLT-BVHTT-BYT, dated January 12, 2004 guiding advertisement in the
health sector;
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XVI.
ADMINISTRATIVE PROCEDURES UNDER THE JURISDICTION OF THE STATE BANK
A.
Specifics of the simplification plan
1. Procedure of licensing the
foundation and operation of joint venture, foreign wholly-owned banks in
Vietnam - B-NHA-002103- TT
- “Entities with the authority
and capacity in translation verifying” the translated versions of annual
financial statements shall be specified.
- Provisions on collection of
assessment fee and fee levels for assessment of application for licensing of
bank foundation and operation shall be added, including licensing establishment
and operation of joint venture and foreign wholly-owned banks in Vietnam (0.05%
of the charter capital).
2. Procedure of Amending the
charter of foreign, joint venture, foreign wholly-owned banks – B-NHA-
002297-TT
- “Other documents as required
by the State Bank” in Article 40, paragraph 1, point c, Circular 03/2007/TT-NHNN
shall be dropped from the application file.
- The components of the
application file in English not subject to consulate legalization shall be
increased by adding a provision specifying documents that are exempt from
consulate legalization based on international treaties and agreements between
Vietnamese diplomatic representatives overseas and issued by the consulates of
other countries in Vietnam to investors that are citizens or entities of such
countries for use in Vietnam in the principle of mutual benefit such as
business plans proving feasibility (6.1.b, 6.2.b).
3. Procedure of changing
charter capital and allocated capital of branches of foreign, joint venture,
foreign wholly-owned banks - B-NHA- 002277-TT
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- A provision defining in
details the composition of the application file for transfer of capital for new
partners from outside foreign wholly-owned or joint venture banks shall be
added.
4. Procedure of changing and
amending fields and extent of operation for foreign, joint venture, foreign
wholly-owned banks - B-NHA- 002282-TT
- “Other related documents as
required by the State Bank” shall be annulled.
- A provision specifying that
the components of the application file in English must be consulate legalized
shall be added.
5. Procedure of extending
operation period for joint venture, foreign wholly- owned banks in Vietnam
–B-NHA-002128-TT
- “Other related documents as
required by the State Bank” shall be annulled.
- Components of the application
file for extension of operation period and documents that need to be consulate
legalized for extension of operation period for foreign wholly-owned banks
shall be added and provided in forms, to be specific:
+ An application form for
extension shall be issued.
+ Performance overall report
form etc.;
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+ Documents that need consulate
legalization shall be added for the application for extension of operation
period.
6. Procedure of accepting changes
of charter capital for state-owned and private joint stock banks -
(B-NHA-003826-TT)
- How the procedure is processed
and the format of relevant “copies” shall be specified for submitting the
application either directly, by post or on-line to the provincial/municipal
State Bank branches where the joint stock bank has its principal office by the
applicant’s own choice, as well as preparation of the application file: direct
submission - “copy attached with the original for matching”, by post – “notarized/certified
copy”; over the Internet – “scans of the originals”.
- The provision on assessment of
governance, management, control capacity of the Board of Directors, Board of
Management and the internal control system; financial statements for incorporated
entities and income, asset declaration for individuals owning 5% of charter
equity and above shall be repealed.
- Specification of the number of
application files to be submitted shall be added: 01 set of originals; 01 set
of copies without the need for notarization/certification, as well as the
format of the relevant documents respective of the processing approach for
individuals and entities to choose from: direct submission - “copy attached
with the original for matching”, by post – “notarized/certified copy”; over the
Internet – “scans of the originals”.
- The timeline for responding
shall be no longer than 30 working days since receipt of the full application.
7. Procedure of accepting
Vietnamese commercial banks’ stock sales to foreign investors – B-NHA-003833-TT
- A provision defining how the
procedure is processed shall be added: either by direct submission or
submission by post or on-line to the State Bank.
- Composition of the application
file
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+ The relevant format of
“copies” respective of the submission route: direct, by post, over the
electronic network to the State Bank shall be added for the applying banks to
choose from, prepare the application file and implement.
- The handling time shall be
reduced to 15 days since receipt of the full application.
- The forms for stock purchase
applicable to individual and corporate buyers; self- produced resume of the legitimate
representative, people authorized to represent the equity in a bank, foreign
individual stock buyer using both English and Vietnamese shall be modified.
- More requirements and criteria
shall be added for commercial banks allowed to raise funds from foreign share
holders from the minimum charter capital level of VND1,000 billion to VND3,000
billion.
8. Procedure of accepting
changes in shareholdings of major shareholders in a commercial joint stock bank
– B-NHA-004104-TT
- A provision defining how the
procedure is processed shall be added: either by direct submission or
submission by post or on-line to the State Bank.
- A provision requiring 01 set
of application file shall be added.
- Composition of the application
file: “other related documents” shall be repealed.
9. Procedure of terminating
the operation of representative offices of foreign credit institutions in case
of license withdrawal due to violation of points a, b, dd, paragraph 1, Article
29, Law on Credit Institutions or when a foreign credit institution is bankrupt
or dissolved - B-NHA-002414-TT
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- The number of application file
shall be fixed as 01 set of originals.
- A processing timeline shall be
added, which is 5 days from the completion of liabilities and routines by the
representative office and submission of the application to the State Bank until
the time the State Bank issues a decision for closure and license withdrawal.
- A provision defining the
agency in charge of the procedure, which is the Banking Inspectorate and
Surveillance units shall be added.
10. Procedure of licensing
establishment of branches of foreign banks in Vietnam –B-NHA-002024-TT
- A provision defining how the
procedure of licensing establishment of branches of foreign banks in Vietnam is
processed shall be added: either by direct submission or submission by post or
on-line to the State Bank.
- A procedure of principle
acceptance prior to granting the license for the establishment of branches of
foreign banks in Vietnam shall be added.
11. Procedure of changing the
names of branches of foreign banks, joint venture banks, foreign wholly-owned
banks – B-NHA-002273-TT
- How the procedure goes and the
format of documents relevant to the submitting routes shall be added: either
direct submission – “copy attached with the original for matching”, by post –
“notarized/certified copy”; over the Internet – “scans of the originals”.
- “Other related documents as
required by the State Bank when needed” as part of the application file shall
be annulled.
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12. Procedure of accepting
the establishment of operation centers /branches / representative office /
administrative units of local banks -B-NHA-0037040-TT
- The provision requiring the
acceptance of provincial/municipal People’s Committee and comments from the
provincial level State Bank shall be repealed.
- A requirement that the
commercial bank submits 01 set of application (originals) to the State Bank
shall be added.
13. Procedure of licensing
business entities offering foreign currency receipt and payment -
B-NHA-001818-TT
- Simplification shall be
provided for the composition of the application file, procedure workflow and
how it is processed.
- Provincial/municipal level
State Bank branches shall be authorized to receive, process applications and
grant licenses to business entities; as the inspecting and audit role of the
provincial/municipal State Bank branches over receipt and payment in foreign
currencies of local business entities shall be clarified.
- “Comments from the
provincial/municipal State Bank branches of the respective area on the business
entities conducting receipt and payment in foreign currencies” as part of the
application file shall be repealed.
- The valid term of the license
shall be 05 years since the date of signing.
14. Procedure of accepting
for credit institutions (except joint stock credit institutions) to conduct
payment coverage service –B-NHA-003835-TT
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15. Procedure of certifying
application for opening accounts to contribute capital and buy stocks in
Vietnamese dong in commercial banks by foreign investors –B-NHA-001939-TT
This procedure and any related
requirements shall be repealed.
B.
Responsibility in implementing the simplifying plan
The State Bank shall
- As the lead agency, coordinate
with related agencies in drafting decrees amending Decree 69/2007/ND-CP , dated
April 20, 2007 of the Government on foreign investors buying stocks in
Vietnamese commercial joint stock banks; Decree 160/2006/ND-CP , dated December
28, 2006 of the Government providing implementing details for the Ordinance on
Foreign Exchange, for the purposes of implementing simplification of
administrative procedures indicated in Numbers 7, 12, section A, part XVI of
the Simplification Plan attached to this Resolution to be submitted to the
Government for review and decision-making by July 31, 2010.
- As the lead agency, coordinate
with related agencies in drafting decisions amending Decision 170/1999/QD-TTg ,
dated August 19, 1999 of the Prime Minister on encouraging Vietnamese national
residing abroad remitting proceeds home for the purposes of implementing
simplification of administrative procedures indicated in Number 13, section A,
part XVI of the Simplification Plan attached to this Resolution to be submitted
to the Government for review and decision-making by July 31, 2010.
- Draft circulars amending
Circular 03/2007/TT-NHNN , dated June 5, 2007, guiding the implementation of
selected Article of Decree 22/2006/ND-CP , dated February 28, 2006 on the
structure and operation of branches of foreign banks, joint venture banks,
foreign wholly-owned banks, representative offices of foreign credit
institutions in Vietnam; Circular 07/2007/TT-NHNN , dated November 29, 2007 of
the State Bank, guiding the implementation of selected provisions of Decree
69/2007/ND- CP, dated April 20, 2007 of the Government on foreign investors
buying stocks in Vietnamese commercial banks; Circular 02/2000/TT-NHNN, dated
February 24, 2000 guiding the implementation of Decision 170/1999/QD-TTg , dated
August 19, 1999 of the Prime Minister on encouraging Vietnamese nationals
living abroad remitting proceeds home; Circular 03/2004/TT-NHNN , dated May 25,
2004 of the State Bank guiding the management of foreign exchange for capital
contribution and stocks buy-ins by foreign investors in Vietnamese companies,
for the purposes of implementing simplification of administrative procedures
indicated in Numbers 1, 2, 3, 4, 5, 7, 9, 10, 11, 13 and 14, section A, part
XVI of the Simplification Plan attached to this Resolution for enactment by
July 31, 2010.
- Draft decisions amending
Decision 20/2008/QD-NHNN, dated July 4, 2008 of the State Bank on amending
selected provisions in the Regulations on shareholding, stocks, shares and
charter capital of public and private commercial joint stock banks attached to
Decision 1122/2001/QD-NHNN , dated September 4, 2001 of the State Bank Governor;
Decision 1122/2001/QD-NHNN , dated September 4, 2001, issuing the Regulations on
shareholding, stocks, shares and charter capital of public and private
commercial joint stock banks; Decision 1096/2004/QD-NHNN , dated September 6,
2004 of the State Bank on the issuance of the Regulations on payment coverage
by credit institutions; Decision 30/2008/QD-NHNN , dated October 16, 2008 of the
State Bank amending selected provisions in the payment coverage operating rules
for credit institutions attached to Decision 1096/2004/QD-NHNN ; Decision
13/2008/QD-NHNN , dated April 19, 2008 specifying the operation network of commercial
banks, for the purposes of implementing simplification of administrative
procedures indicated in Numbers 6, 8, 12 and 14, section A, part XVI of the
Simplification Plan attached to this Resolution for enactment by July 31, 2010.
The Ministry of Finance shall
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XVII.
SIMPLIFYING PLAN FOR ADMI NISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE
JURISDI CTION OF THE BANK FOR DEVELOPMENT OF VIETNAM
A.
Specifics of the simplifying plan
1. Procedure “Provision of
guarantee for companies’ loans from commercial banks: assessment of guarantee
applications; notice of acceptance or non- acceptance of providing guarantee
for loans with regards to decentralized projects” – B-NPT-075389-TT
a) Composition of application
file:
- The following document
components shall be expunged from the legitimate parts of the application:
company’s charter (except private companies); resolutions on the appointment of
the Chairman of the Board of members, Board of directors; decisions of
appointment of the Chief Executive Officer (General Manager), Chief Accountant.
- The format of “copies” shall
be specified relevant to different treatment approaches with a view to simplification
and reduction of compliance costs for the applicant.
- The composition of the
application file shall be clarified for projects of procurement of stand-alone
equipment, renovation, repairs and upgrade on a case-by- case basis, in stead
of the existing generic approach to the provisions.
- The number of application file
to be provided shall be added as “01 set”.
b) Timeline for consideration of
guarantee acceptance: to be cut down from 20 to 10 working days.
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- Section III. Management and
human resources arrangements
- Section IV. Brief financial
and business performance report from .../.../... to .../.../....:.
- Section V. Reports on
liabilities with the Bank for Development of Vietnam, credit institutions.
- Section VI. Additional
justifications (if any).
d) Amendments shall be made to
the requirements for loan guarantees granted to businesses, to be specific:
- Criterion 2: “Existence of
effective investment and business plans; a minimum project worth of VND100
million”;
- Criterion 3: “Non-existence of
overdue debts at credit institutions; in case of applicants incurring overdue
debts at credit institutions that present investment and business plans and
covenants for payment of the overdue debts, the Bank for Development of Vietnam
shall assess and make decisions on the loan guarantee in accordance with
prevailing regulations.”
2. Procedure “Provision of
guarantee for companies’ loans from commercial banks: closing loan guarantee
agreements, collateral agreements, principle debt taking agreements; issuance
of letters of guarantee to companies/cooperatives presenting investment
projects” - B-NPT-075399-TT
Detailed specification of the
composition of application file pertaining to registration of guaranteed
transactions shall be supplemented towards convenience, simplicity and reduced
compliance costs for individuals and entities.
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- The specific requirement for
01 set of application file shall be added.
- 20 working days shall be
reduced to 05 working days since receipt of the full valid application by the
Bank for Development of Vietnam.
4. Procedure “Provision of
guarantee for companies’ loans from commercial banks: fulfillment of loan
guarantee liabilities for companies/cooperatives presenting investment
projects” - B-NPT-075472-TT
The formats of copies shall be specified
as part of the application file for “documents evidencing proper utilization of
the loan”: a copy or copy with the company’s certification, with the original
produced for matching in case of direct submission; a certified or notarized
copy in case of submission by post; a scan of the original in case of on-line
submission.
B.
Responsibility of implementing the simplification plan
The Ministry of Finance shall
As the lead agency, coordinate
with the Bank for Development of Vietnam, Government Cabinet and relevant
ministries and agencies in drafting decisions amending related provisions in:
+ Decision 14/2009/QD-TTg , dated
January 21, 2009 of the Prime Minister, issuing the Regulations of guarantee
for companies applying for loans from commercial banks;
+ Decision 60/2009/QD-TTg , dated
April 17, 2009 of the Prime Minister, on amendment of selected provisions of
Decision 14/2009/QD-TTg ; for the purposes of implementing simplification of
administrative procedures indicated in section A, part XVII of the
Simplification Plan attached to this Resolution to be submitted to the
Government by January 31, 2010.
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