Newsletter – August 2017

• GOVERNMENT

1. 07 August 2017| Decree No. 92/2017/NĐ-CP

Amending, supplementing a number of articles of Decrees on administrative procedure control

This Decree amends, supplements a number of articles of Decrees on administrative procedure control.

(This Decree shall take effect from 25 September 2017)

2. 07 August 2017| Decree No. 93/2017/NĐ-CP

The financial regulations applicable to credit institutions, branches of foreign banks and financial supervision, assessment of State capital of 100% State-owned credit institutions and State-invested credit institutions

This Decree prescribes:

1. The financial regulations applicable to credit institutions, branches of foreign banks.

2. Financial supervision, assessment of State capital of 100% State-owned credit institutions and State-invested credit institutions.

3. As for credit institutions are restructured in line with the decision of the competent authority, if the legal regulations on restructuring are inconsistent with those in this Decree, the legal regulations will prevail. For regulations on the restructuring are not available in laws, the credit institutions will comply with th regulations of this Decree.

This Decree is applicable to:

1. Credit institutions, branches of foreign banks established and operated under the Law on credit institutions, excluding policy bank;

2. Owner’s representative;

3. Financial institutions;

4. Other relevant organizations and individuals.

This Decree supersedes the Government’s Decree No. 57/2012/NĐ-CP dated 20 July 2012 on the financial regulations applicable to credit institutions and branches of foreign banks.

(This Decree shall take effect from 25 September 2017)

3. 10 August 2017| Decree No. 94/2017/NĐ-CP

On goods, services, areas of Government monopoly in trade

This Decree regulates the Government monopoly in trade, including:

1. Principles of the Government monopoly.

2. List of goods, services, areas of Government monopoly in trade.

3. Responsibilities of entities exercising the Government monopoly.

4. The State authorities’ responsibilities for inspection, supervision of entities exercising the Government monopoly.

This Decree is applicable to the State authorities, organizations and individuals exercising the Government monopoly and other relevant organizations and individuals.

(This Decree shall take effect from 01 October 2017)

• PRIME MINISTER

4. 17 August 2017| Decision No. 37/2017/QĐ-TTg

Repealing the Decision No. 50/2006/QĐ-TTg dated 07 March 2006 of the Prime Minister issuing the list of products and goods need to be inspected quality

This Decision repeals the Decision No. 50/2006/QĐ-TTg dated 07 March 2006 of the Prime Minister issuing the list of products and goods need to be inspected quality.

(This Decision shall take effect from 05 October 2017)

• MINISTRY OF FINANCE

5. 01 August 2017| Circular No. 79/2017/TT-BTC

Amending and supplementing Item b1 Point b Clause 4 Article 48 of the Circular No. 156/2013/TT-BTC on documentation for cancellation of outstanding tax of company declared bankrupt 

This Circular amends and supplements Item b1 Point b Clause 4 Article 48 of the Circular No. 156/2013/TT-BTC on documentation for cancellation of outstanding tax of company declared bankrupt.

(This Circular shall take effect from 15 September 2017)

• MINISTRY OF INDUSTRY AND TRADE

6. 31 July 2017| Circular No. 12/2017/TT-BCT

Providing for order and procedures for issue and revocation of electricity activity permit

This Circular provides for order and procedures for issue, revocation of electricity activity permit; duration of electricity activity permit in the following fields:

1.   Specialized electricity consultation

a)   Consultation of national electricity development planning; consultation of electricity development planning of provinces and centrally-run cities and consultation of hydroelectric planning;

b) Consultation of investment in power plant, consisting of thermoelectricity (including biomass power), hydroelectricity and other renewable energy sources; transmission line and substation building projects;

c) Consultation of performance supervision of power plant, consisting of thermoelectricity (including biomass power), hydroelectricity and other renewable energy sources; transmission line and substation building projects;

2.   Electricity generation.

3.   Electricity transmission.

4.   Electricity distribution.

5.   Electricity wholesaling.

6.   Electricity retailing.

7.   Electricity import and export.

This Circular applies to all organizations and individuals involved in areas of specialized electricity consultation, electricity generation, electricity transmission, electricity distribution, electricity wholesaling, electricity retailing, electricity import and export.

This Circular repeals the Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade providing for order and procedures for issue, revocation and duration of electricity activity permit.

(This Circular shall take effect from 14 September 2017)

7. 03 August 2017| Circular No. 13/2017/TT-BCT

Amending and supplementing a number of articles of the Circulars No. 56/2014/TT-BCT dated 19 December 2014 of the Minister of Industry and Trade on method of determination of electricity generation costs, sequence of inspection of power purchase agreement (PPA); No. 30/2014/TT-BCT dated 02 October 2014 of the Minister of Industry and Trade providing for operation of competitive electricity generation market and No. 57/2014/TT-BCT dated 19 December 2014 of the Minister of Industry and Trade regulations on method and sequence of formulation and issuance of electricity generation cost frame

This Circular amends and supplements a number of articles of the Circulars No. 56/2014/TT-BCT dated 19 December 2014 of the Minister of Industry and Trade on method of determination of electricity generation costs, sequence of inspection of power purchase agreement (PPA); No. 30/2014/TT-BCT dated 02 October 2014 of the Minister of Industry and Trade providing for operation of competitive electricity generation market and No. 57/2014/TT-BCT dated 19 December 2014 of the Minister of Industry and Trade regulations on method and sequence of formulation and issuance of electricity generation cost frame.

(This Circular shall take effect from 19 September 2017)

• MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

8. 15 August 2017| Circular No. 23/2017/TT-BLĐTBXH

Guidance on online issuance of the Work Permit to foreign employees

This Circular give guidance on receiving of documents approving the demand for foreign employee use; issuing and re-issuing work permits; certify cases not eligible for work permits for foreign employees working in Vietnam at level 3 of online public services.

This Circular is applicable to:

1.   Employees are foreigners working in Vietnam as prescribed in Clause 1 Article 2 of the Decree No. 11/2016/NĐ-CP.

2. Employers of foreign workers as prescribd in Clause 2 Article 2 of the Decree No. 11/2016/NĐ-CP.

3. Agencies approving the demand for foreign employee use which are Department of Employment (Ministry of Labor, Invalids and Social Affairs); Chairperson of the People’s Committee of provinces, cities directly under the central government; Department of Labor, Invalids and Social Affairs or Authority of industrial park, export processing zone, economic zone and hi-tech park in case of being authorized as stipulated by Law.

4.   Work permit issuers as prescribed in Article 3 of the Circular No. 40/2016/TT-BLĐTBXH dated 25 October 2016 of the Minister of Labor, Invalids and Social Affairs guiding the implementation of several articles of the Circular No. 11/2016/NĐ-CP (hereinafter referred to as the Circular No. 40/2016/TT-BLĐTBXH).

5.   Other relevant agencies, organizations and individuals.

(This Circular shall take effect from 02 October 2017)

• STATE BANK OF VIETNAM

9. 14 August 2017| Circular No. 09/2017/TT-NHNN

Amending and supplementing a number of articles of the Circular No. 19/2013/TT-NHNN dated 06 September 2013 of the Governor of the State Bank of Vietnam on the purchase, sale and settlement of bad debts of Vietnam Asset Management Company

This Circular amends and supplements a number of articles of the Circular No. 19/2013/TT-NHNN dated 06 September 2013 of the Governor of the State Bank of Vietnam on the purchase, sale and settlement of bad debts of Vietnam Asset Management Company.

(This Circular took effect from 15 August 2017)