Highlights of Notable Documents from the Past Week (from April 16, 2023 to April 21, 2023)

1. Penalties for Fertilizer Violations according to New Regulations from April 16

The Government of Vietnam issued Decree 55/2018/ND-CP regulating administrative penalties in the field of fertilizers, officially effective from April 16, 2018 (except for Clause 4 Article 7 which is effective from September 20, 2020).

Decree 55 repeals certain articles and clauses related to Decree 163/2013/ND-CP and Decree 115/2016/ND-CP, however:

- Administrative violations concerning fertilizers that were committed or discovered before the effective date of Decree 55, which are still under review, shall be penalized according to Decree 163 and Decree 115.- For administrative violations under Decree 55 with a lighter legal responsibility, penalties shall follow Decree 55 in favor of the violator.

Furthermore, Decree 55 introduces additional penalties for fertilizer users in the following two cases:

- Using fertilizers not in accordance with the instructions for use stated on the fertilizer label: Warning;- Using fertilizers with unclear origins: Fines ranging from 500,000 to 1,000,000 VND.

1. Appraisal Fees for 3-Star Hotels Reduced to Only 2 Million VND

This is a notable point in Circular 34/2018/TT-BTC regulating the rates, collection, payment, and management of appraisal fees for recognizing the ranking of tourist accommodation establishments and other tourism services.

From May 14, 2018, the appraisal fee for recognizing 3-star tourist accommodation establishments is reduced to 2 million VND per dossier (currently regulated at 3 million VND per dossier).

The appraisal fees for recognizing 1-star, 2-star, 4-star, 5-star tourist accommodation establishments, and other tourism services that meet the standards remain unchanged: 1.5 million, 3.5 million, and 1 million VND respectively.

Circular 34/2018/TT-BTC replaces Circular 178/2016/TT-BTC.

1. Fees and Charges for Tourism Licensing Effective from May 14, 2018

From May 14, 2018, the fee rates and charges for tourism licensing activities shall be applied according to Circular 33/2018/TT-BTC, replacing Circular 177/2016/TT-BTC. Specifically:

- For the appraisal fee to issue the International and Domestic Travel Service Business License:- New issuance: 3 million VND per license;- Replacement: 2 million VND per license;- Reissuance: 1.5 million VND per license.- For the appraisal fee to issue tour guide cards, uniform for new issuance, replacement, reissuance:- International and domestic tour guides: 650,000 VND per card;- On-site tour guides: 200,000 VND per card.- Fee for issuing representative office licenses in Vietnam for foreign travel service businesses:- New issuance: 3 million VND per license.- Reissuance, adjustment, renewal: 1.5 million VND per license.

1. Guidance for Traditional Craft Recognition Dossier

The Government of Vietnam issued Decree 52/2018/ND-CP which regulates certain policies for the development of rural industries and craft villages.

The dossier for traditional craft recognition includes the following documents:

- A summary of the formation and development process of the traditional craft;- Copies of certificates, medals obtained at domestic and international contests, exhibitions, or works of high artistic value awarded by provinces or higher levels (if any);- For organizations and individuals unable to participate in contests or exhibitions, or lacking award-winning works, a description of the traditional craft's cultural identity must be provided;- Copies of the Traditional Craft Artisan recognition certificates issued by competent authorities (if any).

According to the regulations, the district People's Committee prepares the traditional craft recognition dossier based on criteria and submits it to the provincial People's Committee for consideration.

Within 30 working days, the provincial People's Committee establishes an appraisal council, reviews qualified subjects, and issues decisions and certificates for traditional craft recognition.

See more about the craft and traditional craft village recognition dossier in Decree 52/2018/ND-CP effective from June 1, 2018.

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