Highlights of Legal Documents Last Week (from July 16, 2023, to July 21, 2023)

1. Guidelines for Upgrading Construction Activity Professional Practice Certificates (CCHN)

Decree 100/2018/ND-CP amending and supplementing certain provisions of Decree 59/2015/ND-CP on construction activity professional practice certificates (CCHN), officially took effect on September 15, 2018.

It adds regulations on the dossier for upgrading CCHN for construction activities, including:

- Application form for CCHN issuance accompanied by 02 color photos 4 x 6 cm with a white background (photos taken within the last 6 months);- Certified copies or electronic files containing color photos taken from the originals or copies, presenting the originals of the following documents:- Diploma issued by a legally recognized training institution suitable for the type and rank of the requested certificate. If the diploma is issued by a foreign institution, it must be consularly legalized and accompanied by a notarized Vietnamese translation.- Previously issued CCHN by the competent authority;- Work assignment decisions or documents confirming notable works completed by the individual. If the individual practices independently, there must be a contract and acceptance minutes of the work;- Legal documents on residence or work permits if the individual is a foreigner;- Examination results meeting requirements in case the examination was done before submitting the application for CCHN issuance.

1. Notes on Customs Declaration for Imported Scrap from Abroad

On July 17, 2018, the General Department of Customs issued Official Dispatch 4202/TCHQ-PC guiding the management of imported scrap from abroad into Vietnam.

Accordingly, it provides some notes on customs procedures for imported scrap from abroad as follows:

- Concerning the registration of customs declarations:

The customs authority does not register customs declarations for scrap if the importing enterprise does not have a Certificate of Eligibility for Environmental Protection for importing scrap as raw materials for production;

- Concerning the inspection of customs dossiers:

The Customs Sub-Department where the declaration is registered is responsible for verifying the legality and cross-checking information on certain documents and papers in the customs dossier for the imported scrap batch:

- Certificate of Eligibility for Environmental Protection for importing scrap as raw materials for production;- Notification of the imported scrap batch;- Certificate of Deposit for importing scrap;- Entrustment contract (if any);- Document certifying compliance with environmental technical standards.

1. Green - Red Channel in the C/O Issuance Process

This is a new point mentioned in Circular 15/2018/TT-BCT of the Ministry of Industry and Trade, regulating the channeling in the issuance process of Preferential Certificates of Origin (C/O).

It sets out priority regulations for traders in the dossier for preferential C/O issuance under the Green Channel compared to the Red Channel as follows:

Green Channel Mode:

- Exemptions or reductions of certain documents in the application for C/O issuance;- Extension of the submission deadline up to 45 working days for documents allowed to be submitted late;- The processing time for issuing the paper preferential C/O is a maximum of 6 working hours from the receipt of the complete dossier;- Exemption from actual inspection of the goods and production facilities during the application process for a preferential C/O.

Red Channel Mode:

- Full submission of dossiers (both paper and electronic copies) of documents is mandatory;- The processing time for issuing the paper preferential C/O is within 3 working days from the receipt of the complete and valid dossier;- In case of suspicion of origin fraud, the authority or organization issuing the preferential C/O will conduct an actual inspection of the goods and production facilities.

Circular 15/2018/TT-BCT takes effect on August 15, 2018.

1. List of 05 Levels of the Vietnamese Economic System

The Prime Minister of the Government of Vietnam issued Decision 27/2018/QD-TTg announcing the list of the Vietnamese Economic System, including:

- Level 1 sector consists of 21 sectors coded alphabetically from A to U;- Level 2 sector consists of 88 sectors; each sector is coded by two digits according to the corresponding Level 1 sector;- Level 3 sector consists of 242 sectors; each sector is coded by three digits according to the corresponding Level 2 sector;- Level 4 sector consists of 486 sectors; each sector is coded by four digits according to the corresponding Level 3 sector;- Level 5 sector consists of 734 sectors; each sector is coded by five digits according to the corresponding Level 4 sector.

Details of the list are in the Appendices attached to Decision 27/2018/QD-TTg, effective from August 20, 2018.

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