Update

New policies coming into effect from November 16th – 30th.

Since the second half of November 2012, a number of policies and new regulations will officially come into effect.

1. From November 16th, technologies that have one of these following criteria will not be allowed to transfer: no labor safety, labor hygiene; generate hazardous waste; wasting resources; mining exploitation that have low recovery target compared with that of other countries in the world; outdated, inefficient, consuming raw fuel; technical-economic indicators lower than the domestic one; production and usage of radioactive material that is not controlled in terms of its dangerous levels; adversely affect the defense, security, public order, social security, culture and fine traditions of Vietnam. Evaluation process of those technologies is specified in Circular 18/2012/TT-BKHCN.

2. From November 19th, the food manufacturing businesses that can not meet the requirements in the application for re-evaluation for “Certificate qualified food safety” will be suspended. Records and procedures to apply for the certificate is prescribed in Circular 29/2012/TT-BCT.

3. From November 20th, the decision to settle complaints and denunciations the second time under the provisions of Law on Complaints and Denunciation will be published in the electronic portal or electronic information of agencies, organizations and denunciation settlement. The time posted is at least 15 days from the date of notification. The agency or organization that do not have electronic portal may publish in the press, newspapers, and television. This content is specified in two Decree 75/2012/ND-CP and 76/2012/ND-CP guiding a number of articles of the Law on Complaints and Denunciation.

4. In terms of social life, from November 20th will apply the new process to assess the poor and near-poor households. Accordingly, the income to the economic assessment of household is income in the last 12 months, which does not include social benefits. On how to assess the value of household assets are defined in Appendix 3 Circular 21/2012/TT-BLDTBXH. These evaluation results will be locally published.

5. From November 25th, on the issue of handling overlap in the inspection activities of the financial sector: if the inspection plans of subordinate overlapping with the superior plan, the superior plan must be complied. The competent authorities shall handle this overlapping are the Chief Inspector of the Ministry of Finance, the Chief Inspector of the Department of Finance, the General Director of the General Departments. Other specific issues of financial sector inspection activities are also guided in Decree 82/2012/ND-CP.

6. From Nobember 26th, began converting industrial clusters formed before October 5th 2009 with area of more than 75 ha into industrial zone. Conditions for conversion specified in Article 6, Circular no. 31/2012/TTLT-BCT-BKHDT. It is expected that this transition must be completed before December 31st 2015.

7. In the field of Education, November 26th shall apply to the provisions in the training of doctoral qualified faculty in universities, colleges issued in Circular 35/2012/TT-BGDDT. Accordingly, the the notice of enrollment training abroad as well as doctoral training institutions in each country will have to be publicly posted at the website of the Ministry of Education and Training (www.moet.gov.vn) and Vietnam International Education Development (www.vied.vn), avoid withheld information for private gain.

ANT Lawyers

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