Vietnam: 05 Decrees comes into force from the beginning of November 2017

1. Template of application for registration of private social support facilities

Vietnam’s Government issued Decree No. 103/2017/NĐ-CP providing for the establishment, organizational structure, operation, dissolution and management of social support facilities.

Application for registration of private social support facilities shall include:

- The application form for registration of establishment of a private social support facility using the Template No. 06 stated in the Appendix enclosed herewith.

- The establishment plan.

- The draft of operating regulations of the private social support facility using the Template No. 03b stated in the Appendix enclosed herewith.

- Certified copies of documents proving land and house ownership or agreements on lease of land, material facilities and property on land to serve social support activities.

- Criminal records of founders.

- Copies of the following documents:

+ Citizen Identity Card or ID card. In case founder is a foreigner, a copy of passport or other personal identification paper shall be submitted;

+ Establishment decision or other document of equivalent validity made by the founding organization, and power of attorney; Citizen Identity Card or ID card or Passport or other personal identification paper of authorized representative of such organization.

The copy of establishment decision or other document of equivalent validity made by a foreign founding organization must be legalized by a consular agency.

Details of templates specified in Appendix enclosed with Decree No. 103/2017/NĐ-CP of Vietnam’s Government, effective from November 01, 2017.

2. Fine for encroaching on land inside the perimeter of the hydraulic structure to set up parking area

On September 14, 2017, Vietnam’s Government issued Decree No. 104/2017/NĐ-CP (effective from November 01, 2017) on penalties for administrative violations against regulations on disaster preparedness, operation and protection of hydraulic structures and flood control systems.

Fines for violations against regulations on hydraulic structure safety are as follows:

- A fine ranging from VND 100,000 to VND 300,000 shall be imposed for any of the following violations:

+ Encroaching on land inside the perimeter of the hydraulic structure to set up tent, store or parking area;

+ Digging, hoeing, or growing plants on canal bank or canal slope or the slope of earth dam.

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

+ Illegally demolishing or moving landmarks or signs of hydraulic structures; deliberately connecting water canals or water pipes;

+ Illegally growing perennial plants or doing scientific research within the protected zone of a hydraulic structure.

3. New regulation on requirements for mass production of alcohol

From November 01, 2017, activities related to trade in alcohol including production, import, distribution, wholesaling and retailing of alcohol shall comply with regulations of Decree No. 105/2017/NĐ-CP of Vietnam’s Government.

An enterprise shall be granted a license for mass production of alcohol if it satisfies the following requirements:

- The enterprise producing mass of alcohol shall be established according to regulations of law.

- Production lines, machines, equipment and process of producing alcohol shall satisfy the estimated scale of production.

- Requirements for food safety shall be satisfied.

- Requirements for environmental safety shall be met.

- Alcoholic drinks shall be labeled in accordance with regulations.

- Technicians shall have qualifications and skills suited to alcohol production lines.

In comparison with regulations of Decree No. 94/2012/NĐ-CP of Vietnam’s Government, conditions for grant of license for mass production of alcohol no longer mention the health conditions of the person directly producing alcohol, the legal ownership of the alcohol product label.

4. Annulling the requirement for the area of tobacco sale from November 01, 2017

This is a notable content of Decree No. 106/2017/NĐ-CP of Vietnam’s Government amending Decree No. 67/2013/NĐ-CP elaborating certain articles and measures for implementing the Law on Tobacco Harm Prevention and Control with respect to tobacco trading.

According to Decree No. 106/2017/NĐ-CP, from November 01, 2017, the issuance of the License for tobacco retailing no longer requires that the area of tobacco sale is at least 03 m2 or larger.

Requirements for the issuance of the License for tobacco retailing:

- The tobacco retailing is registered;

- The business location is fixed and clear, the technical requirements are satisfied;

- Letters of introduction or sale contracts signed with tobacco wholesalers are presented;

- The Planning for tobacco trading network approved by competent authorities is complied with.

5. The World Heritage Management Organization may sell tickets and collect entrance fees

According to Decree No. 109/2017/NĐ-CP of Vietnam’s Government (effective from November 10, 2017), organizations assigned to manage and use world heritage have the responsibility to:

1. Guide and narrate to serve tourists at the world heritage site;

2. Organize ticket sales, collection of entrance fees and services;

3. Develop and implement training and retraining plans to improve professional qualifications for public servants and employees;

4. Periodic monitoring of the conservation status of world heritage sites.

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