Nghị quyết 25/NQ/CP

Resolution No. 25/NQ-CP dated June 02, 2010, on simplifying 258 administrative procedures under the management authorities of Ministries, Agencies

Nội dung toàn văn Resolution No. 25/NQ-CP simplifying 258 administrative procedures of Ministries Agencies


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 25/NQ-CP

Hanoi, 02 June 2010

 

RESOLUTION

ON SIMPLIFYING 258 ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT AUTHORITIES OF MINISTRIES, AGENCIES

THE GOVERNMENT

Based on the Law on the Organization of the Government dated December 25, 2001;

At request of Minister, Chairman of the Office of the Government, Director of the Prime Minister’s Administrative Procedure Reform Special Task Force,

RESOLVES:

Article 1. Approving the simplification measures of 258 administrative procedures under the management authorities of Ministries, agencies as attached.

Article 2. Ministries, ministerial-level agencies, Government-attached agencies, under their management authorities shall be responsible to develop documents for revising, supplementing, replacing or repealing administrative procedures in accordance with the simplification measures approved by the Government in this Resolution.

In the process of implementing simplification measures under their management scope, Ministries and agencies shall timely identify and proactively revise, supplement, replace or repeal related regulations under their authorities or send request to Ministry of Justice and the Office of the Government regarding the laws, ordinances, decrees by the Government, decisions by the Prime Minister containing the administrative procedures that needs to be revised, supplemented, replaced or repealed, abolished in accordance with the simplification measures approved by the Government in this Resolution.

The development and promulgation of legal normative documents implementing the simplification measures of 258 administrative procedures approved by the Government in this Resolution shall follow the principle “one document amends all” and the shortened procedures as stipulated in Chapter VIII of the 2008 Law on the Promulgation of Legal Normative Documents.

Article 3. For administrative procedures contained in the laws, ordinances that need to be revised, supplemented, replaced or repealed as in the simplification measures promulgated with this Resolution, Ministry of Justice shall take lead to collect law and ordinance projects from Ministries, agencies to submit to the Government for approval by 31 December 2010 under the principle “one law amends all, one ordinance amends all”, applying the shortened procedures; except otherwise considered and decided by the Prime Minister.

Assign Minister of Justice, delegated by the Prime Minister to take behalf of the Government, to report by 30 October 2010 to the National Assembly Standing Committee on applying the shortened procedures for supplementing law and ordinance projects for implementing administrative procedure simplification measures approved by the Government into the 2011 law and ordinance development programme.

Article 4. Assign the Prime Minister’s Administrative Procedure Reform Special Task Force to supervise the implementation of Ministries, agencies and to collect the concerns of Ministries, agencies to timely report to the Prime Minister for resolution in implementing the simplification measures approved by the Government in this Resolution.

Article 5. This Resolution takes effect from the signing date.

Ministers, Heads of ministerial-level agencies, Heads of Government- attached agencies, Chairmen of People’s Committees of cities and provinces under central management and relevant bodies take responsibility to enforce this Resolution.

 

 

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

THE PLAN

FOR SIMPLIFICATION OF 258 ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT FUNCTIONS OF MINISTRIES AND STATE AGENCIES
(Issued in conjunction with Resolution No. 25/ NQ-CP dated June 02, 2010 of the Government)

I. THE PLAN TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF PUBLIC SECURITY

A. Contents of simplification plan:

1. Group of approval procedures for fire prevention and fire fighting (FPFF) includes:

+ Approval procedures for FPFF at the headquarter of the FPFF Department of Ministry of Public Security (B-BCA-002 592-TT)

+ Approval procedures for FPFF in the Provincial Police agencies (B-BCA-002 426-TT).

- Reduce the number of dossiers from 3 to 2 sets (one kept at the police office, the other kept by the investor).

- Narrow the scope of construction works that the police agencies have the duty to approve the design related to FPFF in the following directions:

+ FPFF police agencies approve the projects with high risk of fire and explosion, relating to security and national defense and large-scaled constructions works holding a large number of people.

+ The other construction works are assigned to construction management agencies and investors to approve the projects’ design and issue construction license (including design of FPFF system), FPFF police agencies provide technical procedures, regulations and standards on FPFF to each constructions work and project. In case of complicated constructions works, the agency with the authority to issue license or the agency to approve the project’s design will ask for opinion from the FPFF police agencies in writing.

- Time for implementing administrative procedures: Time for implementing administrative procedures is shortened as follows:

+ Construction works in group A (technical design): no more than 15 working days;

+ Construction works in groups B,C (technical design): no more than 10 working days;

+ Planned projects construction projects: no more than 10 working days;

+ Location acceptance: (approval on the basic design of the construction work): no more than 5 working days of.

- Required conditions: Leave out Section 1- Location of the construction must guarantee the safety space on FPFF and Section 5- Transportation systems, parking area for fire fighting vehicles must be in sufficient size and load; water supplement system are regulated at the second condition (Article 14 of Chapter II of the Decree No. 35/2003/ND-CP).

2. Approval procedures for APFF of vehicles which have special requirements on fire safety at the headquarter of the FPFF Department-Ministry of Public Security (B-BCA-002 590-TT).

- Reduce the number of dossiers from 3 to 2 sets (one kept at the fire police, the other kept by the owner of the vehicle).

- Shorten the time of implementation of administrative procedures from 20 days to 10 days.

3. Testing procedures of FPFF vehicles at the headquarter of the FPFF Department-Ministry of Public Security (B-BCA-002 594-TT).

- Specifying the time for returning results from the time of accepting the qualified dossiers:

+ 10 to 15 days for facilities and vehicles that can be tested right at the FPFF inspection Department.

+ 20 to 30 days for vehicles which are sent for testing in other agencies.

- orms:

+ Remove unnecessary information stated in the "Decision on the establishment of enterprises,"

"permanent residence", "Bank Account Number."

+ Supply an English version of the form.

+ Add to the last line of the form: "a detailed list enclosed."

4. Group of procedures for granting certificates on meeting FPFF qualifications includes:

+ Procedures for Issuance of certificates on the matter of meeting FPFF qualifications at the FPFF police department- Ministry of Public Security. (B- BCA- 002587-TT)

+ Procedures for Issuance of certificates on the matter of meeting FPFF qualifications in the Provincial Police (B-BCA-002 445-TT).

These procedures are abolished in the following directions:

- For unit approved and taken over the FPFF matters, before going into operation, the head of it must send an official document guaranteeing that the unit meets all requirements and conditions on FPFF as well as other documents used to prove these to be true to FPFF police agencies.

- Specifying the responsibility of the head of the unit in executing procedures and safety regulations on FPFF.

- Assigning to the Ministry of Public Security the power to research, develop and promulgate:

+ Procedures, safety regulations on FPFF to units with high risk fire and explosion; regulations on the responsibility of police agencies to inspect units having come into operation;

+ FPFF safety procedures to vehicles with special requirements on FPFF, regulations on the responsibility of the traffic police and other forces in patrolling, controlling and handling violations related to traffic safety order while on duty to combine the inspection of the conformation of safety regulations on FPFF to vehicles with special requirements on FPFF and strictly fine the violation cases.

+ Specifying the form of a written notice of the owners on the matter of meeting the requirements and conditions related to FPFF; documents that the owners have to hand over to FPFF police agencies as evidence for these.

5. Procedures for FPFF checking and taking over at the Provincial Police agencies (B-BCA-002 436-TT).

The dossier includes:

+ Removing requirements to submit reports by investors, owners of vehicles on the results of construction, inspection, verification and testing of FPFF systems, equipment and structure;

+ Specifying the following documents to be submitted in original version: The minutes of testing, the checking and taking over of partial, complete items as well as FPFF systems, complete construction drawings; process instruction documents to have the seal and signature of the investor, owner of the vehicle, contractor and design unit;

+ Specifying the following documents to be submitted in copy version: Certificate of approval, certification of testing equipment, FPFF facilities.

- Narrowing the approved works to be suitable to the scope of the construction works that FPFF police agencies have the authority to approve the FPFF design. Accordingly, the FPFF police agencies only check and take over the approved projects with high risk of fire and explosion, relating to security and national defense, large construction works holding a great number of people. The others will be assigned to construction management agencies and investor to check and take over (including matter related to FPFF) in accordance with the technical procedures, regulations and standards on FPFF applied to each cite or project issued by the Ministry of Public Security.

- Amending the 4th condition regulating “document of checking and taking over items, systems technical facilities related to FPFF " to "document of checking and taking over the completion of systems, facilities related to FPFF of the investors, the owners of the vehicles with the contractors”.

6. The group of procedures relating to the new issuance of registrations, number plates for vehicles includes:

+ Procedures of new issuance of registrations, number plates for vehicles in the Provincial police agencies (B-BCA-096408-TT).

+ Procedures of new issuance of registrations, number plates for vehicles in district police agencies (B-BCA-096090-TT).

- The dossier’s components: The receipt to prove the payment of registration fee is defined as follows:

+ Receipt for registration fee (in case of paying registration fee);

+ Declaration form of paying registration fee (in case of being exempted from paying registration fee).

- Declaration form of vehicle registration:

Rearrange the content and structure, declaration form is clearly divided into two parts as follows:

+ The declaration of the owner of vehicles: leave out the information on size, width, height, capacity, payload, cargo, weight, number of seats;

+ The handling of police agencies: provide the information on vehicle frame number, engine number size, range, high capacity, payload, cargo, weight pull, the number of seats

- Issuing vehicle registration declaration form in both English and Vietnamese.

7. Procedures on inspection of FPFF execution in the Provincial Police agency (B-BCA-002 434-TT).

This procedure is abolished based on the assigning to the Ministry of Public Security to announce the criteria and standards of FPFF works, the investors are responsible for works in the construction process. The design of FPFF Works approved by police agencies will be checked and taken over when the works are completed before used.

B. Responsibility for implementation of the simplification plan

1. For the plan on simplification of the administrative procedures relating to the amendment and supplement of laws and ordinances:

a) The Ministry of Public Security is assigned:

- To chair and coordinate with the Ministry of Justice, Office of the Government and relevant ministries, agencies to develop law related to the amendment, supplement, replacement or repeal, abolishment of Law No. 27/2001/QH on June 29, 2001 on FPFF for proceeding the contents of simplifying administrative procedures referred in article 4, section A of Part I of the simplification plan accompanied by this resolution before November 30, 2010 to send to the Ministry of Justice for presenting to the Government for consideration and giving decision on the presentation of Law Project.

- To chair and coordinate with the Ministry of Justice, Office of the Government and relevant ministries, agencies to develop Decree related to the amendment, supplement, replacement or abolishment of Decree No. 35 / 2003/ND-CP April 4, 2003 of the Government guiding the implementation of the Law on FPFF in order to proceed the simplification of the administrative procedures referred in article 4, section A of Part I of the simplification plan accompanied by this Decree before April 4, 2010 to present this to the Government for consideration and giving decision to send this with the bill to the National Assembly.

- To chair and coordinate with relevant ministries and agencies in developing draft circular on the amendment, supplement, replacement or abolishment of the relevant regulations:

+ Circular No. 04/2004/TT-BCA dated 31 March 2004 guiding the implementation of Decree No. 35/2003/ND-CP dated 4 April 2003 regulating in details the implementation of some articles of the Law on FPFF in order to perform the simplification of the administrative procedures referred in article 4, section A of Part I of the simplification plan accompanied by this resolution, the draft will be submitted to the Government prior to December 31, 2010 for consideration and making decision before submission to the National Assembly.

b) On the basis of the Decree on the amendment, supplement, replace or repeal, abolishment of relevant regulations in Decree No. 35/2003/ND-CP on April 4, 2003 of the Government's guiding Law on FPFF by the Ministry of Public Security in charge of simplification of the administrative procedures referred in article 4, section A of Part I of the simplification plan accompanied by this Resolution. The Ministry of Transport, Ministry of Trade and Industry, Ministry of Health are responsible to coordinate with the Ministry of Public Security, Ministry of Justice and the Office of the Government in amending and supplementing the relevant regulations on FPFF under the following management scope and functions:

- Decree No. 71/2006/ND-CP dated July 25, 2006 by the Government on port management and maritime channels;

- Decree No. 107/2009/ND-CP dated November 26, 2009 by the Government on condition for charging liquefied petroleum gas;

- Circular No. 07/2007/TT-BYT on May 25, 2007 by the Minister of Health guiding the traditional medical practice and private medical equipment.

2. For options of administrative procedures simplification not related to the amendment and supplement of laws and ordinances:

Ministry of Communications and Public Security is assigned:

- To chair and coordinate with the Ministry of Construction and other relevant ministries and agencies to develop draft decree on the amendment, supplement, replacement or abolishment , cancellation of the relevant regulations in Decree No. 35/2003 / ND-CP dated April 4, 2003 detailing the implementation of some articles of the Law on FPFF according to the simplification of the administrative procedures referred in article 1, 2, 3, 5 and 7, Section A of Part I of the simplification plan accompanied by this Resolution, submitting to the Government for consideration and making decision before June 30, 2010.

- To develop draft circular on the amendment, supplement, replacement or repeal, cancellation of the relevant regulations at:

+ Circular No. 04/2004/TT-BCA dated March 31, 2004 guiding the implementation of Decree No. 35/2003/ND-CP of April 4, 2003 detailing the implementation of some articles of the Law on FPFF;

+ Circular 06/2009/TT-BCA-C11 dated 11 March 2009 on granting or withdrawal of registration, number plates of vehicles in order to simplify the administrative procedures referred in article 1, 2, 3, 5, 6 and 7, Section A of Part I of the simplification plan accompanied by this resolution, the deadline for issuing is July 31, 2010.

II. THE PLAN FOR SIMPLIFICATION OF THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF INDUSTRY AND TRADE

A. Contents of the simplification plan

1. Procedures for granting certificates of the origin of preferential goods (C/O) Form S-B-BCT-111 449-TT

- Legalizing the sequence and way to perform administrative procedures in granting certificates of the origin of preferential goods (C/O) form S specified in the statistical form of administrative procedures by decision announced by the Ministry of and Industry and Trade

- Legalizing components of dossier applied according to statistical form of administrative procedures by decision announced by the Ministry of Industry and Trade.

- Regulating the form of copies (certificate of business registration, tax code certificate) suitable to way of filing dossier. Specifically, in the case of direct payment: tax code certificate) file the copy version attached with the original version for reference or a notarized copy version or file the copy version and bring the original version for reference or file a copy version certified by the enterprises and the enterprises will be responsible for the accuracy of the copy version. Filing via post: the notarized or certified copy by the enterprise and the enterprise will be responsible for the validity; file online: a scanned version of the original one.

Specifying the documents so as not to increase unexpected procedures and; or unclear and inconsistency requirements which may cause difficult for individuals, organizations requesting for C/O grant from officials on duty.

- Eliminating or specifying regulations of the cases applying Point e of Article 2 of the Statistical form of administrative procedures.

- Legalizing application forms and declaration forms applied in accordance with current statistical form.

- Legalizing regulation on duration of handling procedure applied, in statistical progress and published in form 1.

- Directing consistently the implementation of policy of granting C / O for free in accordance with Circular No. 37/2009/TT-BTC.

2. Procedures for granting certificates of the origin of preferential goods (C/O) form AK-B-TT-BCT-090 808,

3. Procedures for granting certificates of the origin of preferential goods (C/O) form l AJ-B-BCT-073 353 - TT

- Specifying the sequence and way to perform administrative procedures: direct payment via the internet, by post for the procedures for granting certificates of origin of goods (C / O) Form AJ.

- Supplementing the requirements for form of documents (copies) in the trader registration dossier, dossier requesting for grant of C/O, suitable to the way of implementation for individuals or organizations to select by themselves in the mannor that does not increase procedures, fees, time, and money of individuals and organizations; raising the self- consciousness to take responsibility of individuals, organizations and meeting the requirement for giving information for the management activities and handling procedures of management agencies. For example: filing directly “a copy version attached with an original one for reference”; filing by email "a scanned version from the original one” and the number of dossiers to be filed: one set.

- Directing consistently the implementation of policy of granting C/O for free in accordance with Circular No. 37/2009/TT-BTC.

4. Procedure No. B-BCT-107 994-TT: Automatic Import Licensing

Promulgating written document regulating technical measures to control the import and export of goods, to limit the trade deficit and combat the economic downturn due to the Government's direction. This document will take effect from 01 January 2011 to replace the implementation of procedures for automatic import license regulated in Circular No. 17/2008/TT-BCT.

B. Responsibility to implement the simplification plan The Ministry of Industry and Trade is assigned:

- To develop draft Decision on the amendment, supplement, replacement or annul, cancellation of relevant regulations in Decision No. 41/2005/QD-TTg dated 2

March 2005 by Prime Minister promulgating regulations on goods import licensing in order to implement the administrative procedures simplification specified in Article 4 of Section A of Part II of the simplification plan enclosed with this Resolution which will be submitted to the Prime Minister before 30 August 2010.

- To develop draft circular to replace the relevant regulations in Circular No. 17/2008/TT-BCT on December 12, 2008 by Ministry of Industry and Trade guiding the implementation of the application of the policy of automatic import licensing for some items in order to simplify the administrative procedures specified in Article 4 of Section A of Part II enclosed with this resolution.

The issuance date is prior to September 30, 2010.

- To develop draft Circular on the amendment, supplement, replacement or annul, cancellation of the relevant regulations in:

+ Circular No. 04/2010/TT-BCT dated 25 January 2010 implementing rules of origin in the Agreement between the Ministry of Industry and Trade of the Socialist Republic of Vietnam and Ministry of Industry and Commerce of Laos People's Democratic Republic on rules of origin applied to goods enjoying preferential import tax rates of Vietnam - Laos replacing Decision No. 865/2004/QD-BTM dated September 26, 2004 on the promulgation of the Regulation of grating certificate of origin Form S of Vietnam for goods to enjoy tariff preferences under the Agreement on the cooperation of economy, culture and science and technology between the Government of the Socialist Republic of Vietnam and the Government of the Laos People's Democratic Republic;

+ Decision No. 02/2007/QD-BTM on January 08, 2007 01 of the Ministry of Trade promulgating Regulation on the grant of certificate of goods’ origin form AK to enjoy preferences under the Agreement of goods trading of Framework Agreement on Comprehensive Economic Cooperation between Governments of the member countries of the Association of Southeast Asian Nations and the Government of the Republic of Korea to implement the simplification of administrative procedures specified in Article 1.2 and 3 of Section A of Part II of the simplification plan enclosed with this resolution.

The issuance date is prior to July 31, 2010.

III. THE PLAN FOR SIMPLIFICATION OF THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF EDUCATION AND TRAINING

A. Contents of the simplification plan

1. Procedures on the establishment of university - B-BGD-051312-TT

a) The components of a dossier:

- Moving 3 components of a dossier: Legal documents certifying the land use right or the document of the provincial People's Committees on the policy to allocate land for the construction of university; draft of general layout, a document Certified by the competent bodies on the financial capacity and infrastructure conditions of the investor of the university from Step 1 – Request for approval of the policy to Step 2 - Decision on the establishment of university.

- Specifying the components of dossier of the Step 1 - Request for approval of investment of university establishment.

+ The statement of university establishment;

+ Document of the provincial People's Committee approving the establishment of university in provinces and municipal cities. Approval document of the provincial People's Committee should clearly state the necessity, appropriateness of the establishment of university with the local plan of economic development; expected location for university construction and the ability to coordinate and facilitate of the local to the development of the university.

+ Scheme of university establishment;

+ For the establishment of private universities, beside the above documents, there should be the following documents: The list of founding members, a written record showing the representatives of founding members; a written commitment to contribute capital to build private university of individuals and organizations and consent of the representatives of the founding members; List of shareholders who commit to contribute charter capital.

- Specifying the components of dossier in the Step 2 - issuing decision on university establishment including:

+ Approval document of the Prime Minister for university investment proposal;

+ Investment certificate for the establishment of private universities;

+ A legal document certifying the land use right or the approval document of land allocation for construction of university, including clearly defined area, landmarks, land address from the provincial people's committee or other legal documents on the right to use land devoted to university construction;

+ University construction plan and the overall design approved by organization in charge for public university or by the provincial People's Committee for private university;

+ A detailed report on the implementation of investment project of the university establishment by the organization in charge or the management unit of the project;

+ Expected training program, curriculum and materials for teaching suitable to the training of school;

+ The legal documents certifying the investor's capital kept by the assigned Project Management Unit.

- Removing the regulations in Clause 4, Article 3 of Decision 07/2009/QD-TTg "provincial People's Committee send a certificate for investment to relevant agencies";

- Forms of statement, proposals, declarations...

- Specifying the characteristics of each document to file; specifying which circumstance to submit original version, if the original version is not required to submit, then submit the certified copy version or submit a copy version with reference to the original version or submit a copy version certified by the agencies or organizations applying for university establishment.

- Specifying the number of dossiers to submit to be 6 sets

b) The time duration for handling: regulating the time for response to supplement or edit dossiers is 15 working days since the day of receiving the dossiers.

c) The effect of the Decision: To increase the duration of the approval policy to 4 years; duration of establishment decision to 3- 5 years.

d) The conditions for the establishment of universities:

- Replacing condition on the minimum land area of 5 ha by making clear regulation on average land area per one student.

- Moving the conditions of teaching staff from the conditions of university establishment to the conditions of allowing operation.

e) The issues related to regulation of university activities are specified in the components of dossier of university establishment, namely:

- Removing the regulations on controlling the maximum level of investment to be 51% compared to the charter capital.

- Removing the regulations that on ordinary shareholders have no voting rights

- Amending the regulations in the direction that the shareholders’ extraordinary meeting needs the agreement of at least two thirds of the members of the Board.

- Amending the regulation on the appointment of vice principal without the nomination of the General Assembly of Shareholders but based on the nomination of the principal and the Board’s decisions.

- Removing the procedure on submission to the Minister of Education and Training for consideration and giving decision on recognizing the principals. The board chairman should be granted the right to appoint principal and report to the Minister of Education and Training.

- Amending the regulation on appointing Deputy Principals of the university based on the proposal of the principal passed by the Board;

- Supplementing the regulation "principals are responsible for reporting to the Board and the shareholders 'meeting, may reserve personal opinions about the decisions of the Board in order to report to the shareholders' meeting and Ministry of Education and Training or the competent authorities for consideration and handling. "

2. Procedures colleges establishment - B-BGD-022718-TT

a) The components of a dossier:

- Moving 3 components of dossier: Legal documents certifying the land use right or the document of the provincial People's Committees on the policy to allocate land for the construction of college; bill for general planning of ground, a document Certified by the competent bodies on the financial capacity and infrastructure conditions of the investor of the college- from Step 1 – Request for approval of the policy to Step 2 - Decision on the establishment of college.

- Specifying the components of dossier in Step 1 including:

+ The proposal of the college’s establishment;

+ Document of the provincial People's Committee approving the establishment of colleges in provinces and municipal cities. Approval document of the provincial People's Committee should clearly state the necessity, appropriateness of the establishment of colleges with the local plan of economic development; expected location for university construction and the ability to coordinate and facilitate of the local to the development of the colleges;

+ Scheme on the establishment of colleges;

+ For the establishment of private colleges, beside the above documents, there should be the following documents: The list of founding members, a written record showing the representatives of founding members; a written commitment to contribute capital to build private colleges of individuals and organizations and consent of the representatives of the founding members; List of shareholders undertake to contribute charter capital.

- Specifying the components of dossier in Step 2 - decision on the colleges establishment, including:

+ Approval document on investment of the colleges of the Prime Minister;

+ Investment certificate for the establishment of private colleges;

+ A legal document certifying the land use right or the approval document of land allocation for construction of colleges, including clearly defined area, landmarks, land address from the provincial people's committee or other legal documents on the right to use land devoted to colleges construction;

+ colleges construction plan and the overall design approved by organization in

charge for public university or by the provincial People's Committee for private colleges;

+ A detailed report on the implementation of investment project of the colleges establishment by the organization in charge or the management unit of the project;

+ Expected training program, curriculum and materials for teaching suitable to the training of colleges;

+ The legal documents certifying the investor's capital kept by the assigned Project Management Unit..

- Removing the regulations in Clause 4, Article 3 of Decision 07/2009/QD-TTg "provincial People's Committee send a certificate for investment to relevant agencies";

- Forms of projects, proposals, declarations ....

- Specifying the characteristics of each document to file; specifying which circumstance to submit original version, if the original version is not required to submit, then submit the certified copy version or submit a copy version with reference to the original version or submit a copy version certified by the agencies or organizations applying for university establishment.

- Specifying the number of dossiers to submit is five sets.

b) The time duration for handling: regulating the time for response to supplement or edit dossiers is 10 days of working since the day of receiving the dossiers.

c) The conditions for the establishment of colleges

- Removing condition on the minimum land area of 5 ha; Moving the conditions of teaching staff from the conditions of college establishment to the conditions of allowing going into operation.(open training and recruitment code)

d) Regarding the related issues.

- Specifying the legal status of the project management unit, functions and powers of the project management unit, time of operation and termination of the Project Management unit.

- Empowering the board chairman in appointing principals and preparing a written report to the Ministry of Education and Training about the appointment made from principal shareholder’s meeting, based on criteria regulated by Ministry of Education and Training. The decision to appoint the vice-principals does not require the opinion of the General Assembly of Shareholders.

- Regulating all shareholders having voting rights based on percentage of shares of capital contribution.

- Amending point b of Clause 2 of Article 50 of Circular No. 14/2009/TT-BGDDT dated May 28, 2009 of Ministry of Education and Training on regulation "assets increased from the operation of colleges are not shared assets " in accordance with the regulation in Decree No. 69/2008/ND-CP dated May 30, 2008 by the Government on policies to encourage the development of socialization.

3. Procedures of the establishment of Professional Intermediate School - B- BGD-021801-TT

- Regulating that the agency in charge to evaluate dossiers of the local Professional Intermediate School is the Department of Education and Training.

- The dossier components:

+ Splitting "papers relating to land and property ownership " out of the scheme, specifying what the papers are;

+ Removing resume of the person expected to be the principal;

+ Removing the draft on the school operation regulations;

+ Specifying the number of dossiers to be 4 sets;

+ Developing, issuing sample proposals, forms ...;

+ Specifying the characteristics of each document to be submitted; specifying which circumstance requires original version or notarized copy version or a copy version with reference to the original one or a copy version certified by the agencies, organizations applying for school establishment.

- The conditions of school establishment:

+ Changing conditions on teachers and administrators to conditions for professional school going into operation;

+ Quantifying the conditions on teaching staff and the minimum charter capital;

- Specifying the time limits for implementing procedures and the validity of the decision:

+ Adding the regulation on period of validity of decision on the school establishment to be 2 years, after this period if the professional intermediate school does not prepare the conditions for training and recruitment, the agency permitting the establishment must consider and decide to withdraw the decision on the school establishment;

+ Regulating duration for editing dossiers is 5 days from receiving the dossier

- Supplementing the procedure allowing professional intermediate school to going into operation.

4. Procedures of the establishment of high school -B-BGD-051178-TT

- The jurisdiction in handling administrative procedures: To specify that the agencies participating in the evaluation of the establishment of high school are the Department of Planning and Investment, the Department of Construction, the Department of Natural Resources and Environment, Department of Finance, Department of the Interior, Office of provincial People's Committee where the schools settle their headquarters.

- The dossier’s components:

+ Removing the feasibility study and resume of the person expected to be appointed principal;

+ Specifying the contents of the school establishment scheme. Scheme includes the followings: school name, and the necessity and the appreciations with the plan of training network and economic and social development plans of the local, objectives, tasks, programs and educational content; expected location, area of land to build schools, facilities, equipment, apparatus, resource and finance, strategic direction in the development of the school;

+ Supplementing regulation on dossier for private school, besides the above components there need be documents certifying the financial capability and documents relating to land;

+ Moving of personnel records (Decision No. 39/2001/QD-BGDDT August 28, 2001) to procedure allowing going into operation;

+ Specifying the number of dossiers to be 4 sets;

+ Developing, issuing a report template, sample proposals, forms...

+ Specifying the characteristics of each component papers in the dossier to be submitted; specifying which circumstance must submit original version or notarized copy version or copy version with an original one for reference or a copy certified by the agency or organization applying for school establishment.

- Conditions for implementing administrative procedures:

+ Remove Condition No. 2 on the feasibility study, replace with School establishment scheme (in accordance with the Law on amendment and supplement the on Education in 2005);

+ Moving the condition on the quantity and quality of teachers and managers to condition allowing going into operation;

+ Specifying the financial condition (similar to conditions of the establishment of universities, colleges).

- Time for handling administrative procedures: Shorten the time for the implementation of administrative procedures from 45 days to 30 days and specifying response time in case of unqualified dossiers to be 7 working days.

5. Procedures of establishment of representative offices of foreign institutions in Vietnam - B-BGD-034997-TT

- Clarifying the concept of "representative offices of foreign education” and the concept of "education institution" in the regulated documents.

- Skipping the participation in the evaluation of the relevant agencies.

- The dossier’s components:

+ Removing the document "certifying the financial capability of foreign institutions in Vietnam" and two components of dossiers "A summary of the formation and development of the cooperation between foreign institutions applying for setting up representative offices with educational organizations in Vietnam" and "A summary of the cooperation programs, projects agreed or expected to be signed between the educational organizations applying for setting up representative offices with Vietnam Education organization";

+ Removing three components of reference dossier, including documents introducing foreign educational organizations certified by a political and social organizations where the foreign educational institutions set up their headquarters; scheme of operation which specifies the following matters: the necessity and the reasons for opening representative offices; the model of organization, staff, facilities and financial resources;

+ Simplifying form (removing duplicate information already provided in the dossier).

B. Responsibility to implementing the simplification plan.

The Ministry of Education and Training is assigned:

- To chair and coordinate with relevant ministries and agencies to develop draft decree guiding the implementation of Article 109 of Education Law 2005 (amended and supplemented in 2009) on international cooperation in education and training for simplifying administrative procedures referred in Item 5 of Section A, Part III of the plan enclosed with the simplification of this Resolution present to the Government to issue before July 31, 2010.

- To chair and coordinate with relevant ministries and agencies to develop draft decree of the Prime Minister on the amendment, supplement, replacement or cancellation of the relevant regulations in:

+ Decision No. 07/2009/QD-TTg dated 15 January 2009 of the Prime Minister on the issuance of the conditions and procedures of establishment, suspension , merger, split, dissolution of the university;

+ Decision No. 61/2009/QD-TTg dated April 17, 2009 of the Prime Minister on the promulgate of Regulation on organization and operation of private universities to simplify the administrative procedures referred in Item 1, 2, Section A, Part III of the simplification plan enclosed with this Resolution to present to the Prime Minister before July 31, 2010.

- To develop the Circular of amending, supplementing, replacing or canceling the relevant regulations in:

+ Circular No. 14/2009/TT-BGDDT dated May 28, 2009 of Ministry of Education and Training on the promulgate of the Regulation on the operation of colleges;

+ Decision No. 43/2008/QD-BGDDT dated July 29, 2008 of Ministry of Education and Training on the operation of professional Intermediate school;

+ Decision No. 07/2007/QD-BGDDT dated April 2, 2007 of Ministry of Education and Training on the issue of Regulations of the secondary school, high school, and Schools with many levels;

+ Decision No. 39/2001/QD-BGDDT dated August 28, 2001 of Ministry of Education and Training on promulgating regulations on organization and operation of non-public schools to simplify the administrative procedures referred in Item 2, 3, 4, Section A, Part III of the simplification plan together with of this resolution. The duration for issuing is before July 31, 2010.

IV. THE PLAN FOR SIMPLIFICATION OF THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF TRANSPORT

A. Contents of simplification plan

1. Procedures on the permission of the operation of cross-river passenger port (B-bgt-021 403-TT)

- Legalizing regulations on requesting applications for the permission of operation of cross-river passenger port in the dossier and removing the contents of request for confirmation of the People's Committees of communes, wards in the application.

- Removing the regulation based on the hydro geological characteristics of places for opening port as the basis for regulating the validity period of the license. The determination of the validity period of the license should be based on land use term or the lease term(if it is the lessee) and on the basis of the proposal of the owner exploiting the port.

- Issuing standards for classifying cross-river passenger ports to link the specification of the license’ validity period with each type of cross-river passenger port. For large-sized port with large number of passengers and with long operation time during the year , its validity period is longer than those with small number of passengers and in small scale. To each type of port, there should be clear regulations on the building of shelter based on the number of passengers and the standards for shelters.

2. Procedures for Issuance of certificates of registration, number plates of specialized motorcycles for the first time for the units under the management of the Ministry of Transport (B-bgt-008 257-TT) and procedures for issuance of certificates of registrations, number plates of specialized motorcycles for the first time for organizations and individuals managed by the Department of Transport (B-bgt-013 312-TT)

- Specifying the order for implementing procedures, including:

+ Specifying the steps that individuals, organizations and agencies implement administrative procedures must be in chronological order;

+ Specifying the responsibilities of State administrative bodies for each step of implementation;

+ Specifying the responsibilities of individuals and organizations for each step.

- Dossier and dossier’s components:

+ Specifying the number of dossiers to be submitted: 01 set;

+ Specifying the characteristics of each document in the dossier to be submitted; specifying in which circumstance that it is necessary to submit the original version or

the notarized copy version or a copy version with the original version for reference or a copy version certified by the owner of the specialized motorcycles.

+ Amending the form "declaration of specialized motorcycles" to clearly indicate the matter "stick the engine number" and "stick the frame of the motorcycle" under the responsibility of agencies implementing administrative procedures.

3. Procedures for granting certificates of registration , number plates of specialized motorcycles for transferring the ownership to units under the management of the Ministry of Transport (B-bgt-008 434-TT) and procedures for granting certificates of registration and number plates of specialized motorcycles for transferring the ownership to organizations and individuals under the management of Department of Transport (B-bgt-013 527-TT)

- Separated into 02 procedures, including:

+ Procedure "Grant of certificate of registration and number plate of specialized motorcycles in case that the old and the new owners are in the same province or city”

+ Procedure "Grant of certificate of registration and number for the new owner who are in different province or city with the old one”

- Based on these two administrative procedures, specifying order for implementing the procedures, including:

+ Specifying steps that individuals, organizations and agencies implementing administrative procedures must be in chronological order;

+ Specifying the responsibilities of state administrative bodies for each step of implementation;

+ Specifying the responsibilities of individuals and organizations for each step;

+ Specifying the procedures for "Grant of certificate of registration and number plate of specialized motorcycles in case that the old and the new owners are in the same province or city”, empowered agencies do not need to check the specialized motorcycles in handling the case.

- For dossier and dossier’s components:

+ Specifying the number of dossiers to be submitted: 01 set;

+ Specifying the characteristics of each document in the dossier to be submitted; specifying in which circumstance that it is necessary to submit the original version or

the notarized copy version or a copy version with the original version for reference or a copy version certified by the owner of the specialized motorcycles.

+ Specifying the confirmation of the local government where the seller, donor registered permanent residence in the form of "paper for sale, donation of specialized motorcycles" is the certification of the signature of the seller or donor of the specialized motorcycles

4. Procedures for re-issuance of certificate, number plates of specialized motorcycles which are damaged or lost managed by the Vietnam Road Administration (B-bgt-008 468-TT) and Procedures for re-issuance of certificate, number plate of specialized motorcycles which are damaged or lost to organizations and individuals under the management the Department of Transport (B-bgt-013 838-TT)

- Separated into 02 administrative procedures:

+ Procedures of changing registration and number plates for specialized motorcycles;

+ Procedures for re-issuance of registration and number plate for specialized motorcycles.

- On the basis of these two administrative procedures, specifying the order to implement the administrative procedures, including:

+ Specifying the steps that individuals, organizations and agencies implementing administrative procedures are in chronological order;

+ Specifying the responsibilities of state administrative bodies for each step of implementation;

+ Specifying the responsibilities of individuals and organizations for each step;

+ Specifying each case of changing registration and number plate of specialized motorcycles which are damaged (return the registration and number plate certificates) the empowered agencies do not check the specialized motorcycles on the handling process.

- Dossier and dossier’s components:

+ Specifying the number of dossiers to be submitted is 01 set;

+ Amending the content of the sample "the declaration paper of changing, re- issuing of registration and number plate” to clearly indicate that the content "stick the engine number" is the responsibility of agencies implementing the administrative procedures;

+ Removing the request "Application stating the loss of motorcycles must be certificated by the police" in the dossier applied to the case of re-issuance of registration and number plate for lost specialized motorcycles.

5. Procedures for granting temporary certificate of registration, number plates of specialized motorcycles for the units under the management of the Ministry of Transport (B-bgt-008 513-TT) and procedures for granting temporary certificates of registration, number plate of specialized motorcycles for organizations and individuals under the management of the Department of Transport (B-bgt-013 911-TT)

- Supplementing regulations on the order of implementing the procedures, including:

+ Specifying the steps that individuals, organizations and agencies implement administrative procedures are in chronological order;

+ Specifying the responsibilities of the state administrative agency for each step of implementation;

+ Specifying the responsibilities of individuals and organizations for each step.

- The dossier and dossier’s components:

+ Regulating the number to be submit: 01 set;

+ Specifying the characteristics of each document in the dossier to be submitted; specifying in which circumstance that it is necessary to submit the original version or

the notarized copy version or a copy version with the original version for reference or a copy version certified by the owner of the specialized motorcycles.

6. Procedures for granting license for important construction within the area for road to national road (B-bgt-006 675-TT)

- Supplementing procedures on the order of implementing procedures, including:

+ Specifying the steps that individuals, organizations and agencies implement administrative procedures are in chronological order;

+ Specifying the responsibilities of state administrative bodies for each step of implementation;

+ Specifying the responsibilities of individuals and organizations for each step.

- The dossier and dossier’s components:

+ Specifying the number of records to be submitted is 01 set in which the documents approved when setting the project and design of the empowered road managing agency are submitted 2 versions.

+ Specifying the characteristics of each document in the dossier to be submitted; specifying in which circumstance that it is necessary to submit the original version or the notarized copy version or a copy version with the original version for reference or a copy version certified by agency or organization applying for license grant.

- Developing and promulgating the form "Application for the license grant for important construction within the land for roads to the national road” in which there is instruction on the commitment of self- movement of the construction works if there is requirement for using that land and asking for no compensation.

- Removing the commitment of self- movement of the construction works in case the Road Branch has to use the land and asking for no compensation.

7. Procedures for grant of certificate for the quality, technical safety and environmental protection of imported specialized motorcycles (B-bgt-030 664-TT)

- Supplementing the regulations on the order of procedures:

+ Specifying the steps that individuals, organizations and agencies implement administrative procedures are in chronological order;

+ Specifying the responsibilities of state administrative bodies for each step of implementation;

+ Specifying the responsibilities of individuals and organizations for each step;

- The dossier and the dossier’s components:

+ Specifying the number of dossiers to be submitted is 01 set;

+ Specifying the characteristics of each document in the dossier to be submitted; specifying in which circumstance that it is necessary to submit the original version or the notarized copy version or a copy version with the original version for reference or a copy version certified by the agencies or organizations which are also the owners of the specialized motorcycles;

+ Developing and issuing a declaration form, "The registry of technical data of the imported specialized motorcycles” which instructing individuals and organizations to get the information to be declared.

+ Using a bilingual (Vietnamese and English) in the declaration form "A detailed list of imported specialized motorcycles."

- Publicizing the list of imported specialized motorcycles free from submitting documents introducing technical characteristics or registering technical data and publicizing the process of performing public administrative procedures for individuals and organizations to know.

B. Responsibility for the implementation of the simplification plan Ministry of Communications and Transport is assigned:

- Developing and issuing Circular on the amendment, supplement, replacement or abolishment and annulling the relevant regulations before July 31, 2010 in:

+ Circular No. 24/2009/TT-BGTVT dated October 15, 2009 by the Minister of Communications and Transportation regulating the granting, renewal, withdrawal of registration and number plate of motorcycle taking part in road traffic ;

+ Circular No. 23/2009/TT-BGTVT dated October 15, 2009 by the Minister of Communications and Transportation regulating the inspection of the quality of technical safety and environmental protection of specialized motorcycles;

+ Circular No. 13/2005/TT-BGTVT dated November 7, 2005 by the Minister of Communications and Transportation regulating the instruction of the implementation of some articles of Decree No. 186/2004/ND-CP dated 05/11 / 2004 of the Government regulating the management and protection of infrastructure of road traffic;

+ Decision No. 07/2005/QD-BGTVT dated January 07, 2005 by the Minister of Communications and Transportation regulating the issuance of regulations on the management of port and inland terminal’s operations to simplify the administrative procedures referred in article 1, 2, 3, 4, 5, 6, 7 of Section A of Part IV of the simplification plan enclosed with this resolution.

- On the basis of the implementation of Decision No. 259/QD-TTg dated March 4, 2008 by the Prime Minister on approving the scheme for enhancing the National guaranteed traffic safety and order to 2010, before January o1, 2010 and developing and issuing the standards for classifying cross-river passenger port to simplify administrative procedures mentioned in Article 1 of Section A of Part IV of simplification plan enclosed with this Resolution.

V. THE PLAN TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES FOR PRIORITY REVIEW UNDER THE MANAGEMENT FUNCTIONS OF THE MINISTRY OF PLANNING AND INVESTMENT.

A. Contents of simplification plan.

1. Verification procedures of investment certificates for projects approved under the authority of the Prime Minister (at central and local level)-B-MPI- 10937-B-TT and MPI-111222-TT

- Specifying the content and responsibility of the agencies being consulted and replying comments in the course of verification of investment projects. Specifically, specifying the principles, the competence to choose the agency consulted to verify and grant the investment certificate under the approval of the Prime Minister; regulating the responsibility and the written reply content of the agency consulted, applying the principle that if the regulated time passes without reply from this agency, this is considered as the agreement of the agency and the agency is responsible for not answering.

- Specifying documents required to be legalized the consul applied to investors who are foreign individual and organizations and gradually exempting documents with the requirement to legalize the consul.

- Specifying the concept of "qualified document", the form of “copy” document suitable to ways of implementing of administrative procedures;

- Supplementing an appendix or form of guidelines establishing the report on the financial capacity and the report on the explanation of economy and technique in the direction that specifies the content and format of this document.

- Removing some unneeded and illogical documents in the component of the dossier: Joint venture contract, report on the explanation on the ability to satisfy the market (to conditional investment projects),the lease contracts of the location and storage.

- Regulating to legalize the number of dossiers in direction of reducing the quantity, make a standardized dossier on the verification of granting investment certificates for projects approved under the authority of the Prime Minister.

- Specifying the validation duration of the investment licenses in direction that the duration for the investment project is defined by the investor but it is no more than 70 years.

2. Procedures for renewal of certificates of investment for investment under the regulations of the Enterprise Law and Investment Law on granting investment licenses under the regulation of the Law on Foreign Investment in Vietnam-B-111 119-TT-BKH.

- Specifying the dossier of the procedure "changing the investment certificate” in the direction of separating investment certificates (GCNDT) and re-registration of investment projects due to the adjustment of the capital and industries.

- Amending the document form requesting for changing investment certificate in the direction of supplementing information on the location of the executive offices of the foreign parties into the contract of business cooperation; removing the regulation of filling information on the planned progress of the items’ main activities of the on operation projects; removing the information on “contribution of capital for the project”. The on progress projects do not need to explain the progress of the projects in the components of dossier requesting for changing investment certificate.

3. Procedures for re-registration of enterprises with foreign investment capital under the regulations of the Enterprise Law and Investment Law - B-BKH- 111 097-TT

- Shortening the time of handling to 5 days of working.

- Removing the time duration applied to re- registration of all enterprises granted investment licenses before July 1, 2006.

- Specifically instructing the inheritance of rights and lawful interests, taking responsibility for the debts, labor contracts and other obligations before re- registering in way of guaranteeing the consistency of understanding and implementation.

4. Procedures for registration of investment for projects with foreign investment capital (not associated with the establishment of enterprises) (this procedure is not in the list of administrative procedures of the Ministry of Planning and Investment)

- Specifying investment projects not associated with the establishment of enterprises, business registration with investment projects associated with the establishment of enterprises, business registration.

- Regulating specifically requirements of setting up a report on environmental solutions in stead of the requirement for setting up report on the effect of environment.

- Shortening the time duration for handling to 7 days of working.

5. Procedure of registration of adjusting the investment project-B-BKH-107 550-TT

- Specifying the number of dossiers submitted is 01 set.

- Specifying the rule determining the empowered agency to handle and the order of corresponding procedures when registering the adjustment of investment projects.

6. Verification procedures for granting certificates of investment projects with the capital from 300 billion upwards and not in the area of conditional investment B-BKH-110 979-TT.

- Specifying the competence, content and responsibilities of the body making decision and chairing the grant of investment certificate and the body consulted and replying the question on the verification of investment projects. Specifically, regulating principle, competence to choose the competent agency consulted; regulating the responsibility and the written reply on the content of the agency consulted, applying the principle that if the regulated time passes without reply from this agency, this is considered as the agreement of the agency and the agency is responsible for not answering.

- Specifying the components of a dossier, the number of dossiers, forms of copies; supplementing regulations on equally legal values of the notarized documents by the notary public office and the State notary public.

- Removing the requirement to file the joint venture contract.

- Removing the dossier’s components on “the explanation to satisfy the conditions for the entry into market"

- Specifying in more detail the content and form of reports on financial capability. Choosing between two plans: (1) modelization the forms of report on financial capacity of investors creating the convenience for the investors to make this report or (2) specifically regulating circumstance.

- Specifying in more detail the content and form of reports on financial capability. Choosing between two plans: (1) modelization of the forms of report on financial capacity of investors creating the convenience for the investors to make this report or (2) specifically regulating each circumstance- if the investor is an enterprise, they submit “the financial report audited of the latest year” or “the property balance chart audited of the latest year”; if the investor is individual, specify the content and the form of the document submitted in the direction of specifying what type of the document is, which level confirmed it, and who is responsible for the accuracy of this document as a replacement of the financial report.

- Regulating clearly the requirement that the foreign investor must submit the joint venture contract, business corporation contract, enterprise’s regulations in the dossier (if any) for the guarantee of the consistency of the Decree No. 108/2006/ND-CP with the Investment Law.

- Regulating the validity duration for the investment license in direction that the validity duration of the investment project is defined according to the requirement of the investor, but it is no more than 70 years.

7. The procedure for tender evaluation plan (at the central and local level) - BKH-081 697-B-and B-TT-TT BKH-106 774

- Supplementing instructions and regulations on the component of the dossier in case that the competent project with tender evaluation plan and approving the tender plan to join into a procedure called “evaluating and approving tender plan”.

- Clearly instructing in detail the concepts “state capital” and “other capitals managed by the state” defined in Article 1 of Clause 1 of Article 4 of the Bidding Law .

- Amending regulations on the validity duration of the bidding file according to the maximum and minimum framework for the investors’ convenience.

8. Approval procedures for bidding plans (at the central and local level) - B- BKH-081 811-TT, B-106 826-TT-BKH

- Specifying in detail and consistently the necessary documents in the file requiring for the approval of bidding plan. Instructing and explaining clearly which documents to be legal ones used as legal basis for the establishment of bidding plan and the relevant documents. Regulating specifically these documents submitted in notarized copy version or in ordinary copy version without notarization or in original one.

- Regulating time for handling to be 20 days since the day the approving agency receive the report of approval. (30 days for bidding package approved by the Prime Minister)

- Specifying which body has the competence. For example, how to define and which document to based on in case of projects with 100% of State capital. In case of projects with State capital of more than 30% but less than 100% of state capital, the competent agency approving the investment project must regulated suitably to the Labor Law and the enterprise’s regulation.

- Supplementing the requirements, conditions and method for identifying 30% of state capital in a project for conducting the bidding. Showing the specific method and example for illustration to identify the State capital used in each project. The example is as follows: an enterprise X with 100% of State capital contributes capital to establish a joint venture Y with a foreign investor in which the State enterprise X contributes the operation capital of x%. The Y enterprise is the investor of project A in which Y’s capital in project A is y %, and the rest of the capital is borrowed from the commercial bank. In this case, the portion of state capital in the project is identified as x % * y%.

- Increasing the portion of State capital in projects for bidding to at least 50%

9. Procedures for converting one member limited liability company (Ltd.), to limited liability company with two or more members - BKH-049 095-B-TT

- Regulating consistently and clearly the requirement for “document proving the transfer completion” in the composition of the file of converting one member limited liability company to limited liability company with two or more members, guaranteeing the consistency between regulations in Decree No. 88/2006/ND-CP and Decree No. 139/2007/ND-CP.

- Shortening the duration for handling the administrative procedures to 5 days of working.

- Specifying the competent body handling procedures in case of changing the portion of capital contribution of the domestic investor or the foreign investor. For example, in the case of a one member limited liability company with 100% of the foreign capital changing into two members limited liability company with 100 % of domestic capital; one member limited liability company with 100% of the domestic capital changing into two members limited liability company with 100 % or 51% of foreign capital.

- Amending form requesting for changing one member limited liability company into two or more members limited liability company enclosed information registering tax.

10. Procedures for the establishment of a joint venture enterprise with foreign investment capital in case that the foreign capital accounts for 49% of the operation capital (Notification No. 1752/BKH-PC of MPI)

- Separating two procedures: procedure for investment registration and procedure for business registration to establish enterprises. The business registration will comply with the Enterprise Law at the agency of business registration.

11. The group of procedures for the registration of the operation of the agencies with joint venture company, joint stock company - BKH-052 465-B-and B-TT-TT BKH-052 652

Specifying components of the dossier, order of registration procedures of the branch operation with the grant of investment certificate; specifying in which case the establishment of agencies must associated with the grant of investment certificate. Specifying in details the content of the report and enclosed documents with the report after being granted the registration certificate for the operation of agencies and representative offices.

12. Registration procedures on the establishment of limited liability company with two or more members - BKH-052 860-B-TT.

- The provisions to increase the number of documents that are exempt or replace the consular legalization on the basis of applicable international agreements, bilateral agreements between our country with countries which invested in Vietnam.

- Annul the legal capital requirements, requirements of practice certification in the business registration dossiers.

13. Business registration procedures for credit institutions (this procedure is not in the list of administrative procedures of MPI).

Repeal the business registration procedures for credit institutions at the business registry agency

14. Procedures for notification of authorized representative of the shareholder is the requirement for joint stock companies BKH-052 480-B-TT.

To add the form of authorized representatives notification of the shareholders (uniform implementation throughout the country).

15. Group of notification procedures on opening hours at its headquarters for one-member limited company (the owner is an organization), one-member limited company (the owner is an individual), private enterprise - BKH-052 673-B-TT; B- BKH-117 490-TT; B-BKH-120 485-TT; B-BKH-052 751-TT.

Notification procedures on opening hours at its headquarters are abolished.

16. Group of registration procedures for establishment of enterprises for private enterprises, partnerships, joint stock company, one member limited company (the owner is an organization), one member limited company (the owner Property is an individual).

- Remove the requirement on signature of legal representative on the business registration certificate of and tax registration form.

- Filing tax registration form is not required.

- Annul the requirement that enterprises have to file certification of legal capital, a business practice certificate in the application for business registration.

B. Responsibility for implementation of the simplification plan.

1. For the plan to simplify administrative procedures relating to the amendment and supplement of laws and ordinances:

Ministry of Planning and Investment is assigned:

- To chair and coordinate with other relevant ministries and in drafting laws to amend, supplement, replace or repeal or revoke the relevant provisions in:

+ Investment Law No. 59/2005/QH11 November 29, 2005 the National Assembly;

+ The National Assembly Law No. 38/2009/QH12 adopted on June 19, 2009 by The National Assembly for amending and supplementing some articles of the law relating to basic construction investment;

+ Bidding Law No.61/2005/QH11 dated 29 November 2005 of the National Assembly;

+ Enterprise Law 60/2005/QH11 dated November 29, 2005 of the National Assembly for simplifying administrative procedures referred to in articles 1, 2, 3, 4, 6, 7, 8, 10, 12, 14, 15 and 16 Section A of Part V of the simplification plan attached in this Resolution, which is generalized by the Ministry of Justice and submitted to the Government before November 30, 2010.

- To chair and coordinate with other relevant ministries and agency in drafting Decree to amend, supplement, replace or repeal or revoke the relevant provisions in:

+ Decree No. 108/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of some articles of Law on Investment;

+ Decree 101/2006/ND-CP September 21, 2006 of Government regulating the re- registration, and registration for renewal of investment certificates of foreign invested enterprises in accordance Enterprise Law and Investment Law;

+ Decree 139/2007/ND-CP dated September 5, 2007 of the Government detailing the implementation of some articles of the Enterprise Law ;

+ Decree 88/2006/ND-CP dated August 29, 2006 by the Government on business registration for simplifying administrative procedures referred to in article 3, 4, 6, 10 and 12 Section A of Part V of the simplification plan together with this Resolution, to be submitted to the Government before December 31, 2010 .

2. For measures to simplify administrative procedures not related to the amendment and supplement of laws and ordinances:

a) To Assign the Ministry of Planning and Investment:

- To chair and coordinate with other related ministries and departments in issuing the draft of Decree on amending, supplementing, superseding, abolishing or revoking related provisions stated in the following Decrees:

+ Decree No. 108/2006/ND-CP of September 22, 2006 of the Government detailing and providing guidelines for the implementation of some articles of Law on Investment;

+ Decree 101/2006/ND-CP of September 21, 2006 of the Government on re- registration, conversion and registration by foreign- invested enterprises for replacement with Investment Certificates pursuant to Law on Enterprises and Law on Investment;

+ Decree 58/2008/ND-CP of May 5, 2008 of the Government providing guidelines on the implementation of the Law on Tendering and the selection of contractors pursuant to Construction Law;

+ Decree 139/2007/ND-CP of September 5, 2007 of the Government providing guidelines on the implementation of some articles of Law on Enterprises in order to implement measures on simplifying administrative procedures stated in article 1, 2, 5, 7, 8, 9, 11, 13, 14 and 16 of Section A - Part V of the simplification Plan attached herewith this Resolution, submitted to the Government before July 31, 2010.

- To chair and coordinate with Ministry of Finance, Ministry of Public Security and other related ministries and departments in issuing the draft of Joint- Circular on amending, supplementing, superseding, abolishing or revoking related provisions stated in Joint Circular No. 05/2008/TTLT/BKH-BTC-BCA, dated 29 July, 2008 of the Ministry of Planning and Investment - Ministry of Finance - Ministry of Public Security providing guidelines on the coordination mechanism between the agencies in the issuing certificates of business registration, tax and seal registration for enterprises established and operating under the Law on Enterprises to implement measures on simplifying administrative procedures stated in article 16 of Section A, Part V of the simplification Plan attached herewith this Resolution. Date of issuance of the Joint-Circular is prior to July 31, 2010.

- To chair and coordinate with the Ministry of Foreign Affairs, Ministry of Justice and other related ministries and departments in issuing the draft of Joint- Circular on the implementation of Decree on guidelines for the implementation of Foreign Investment Law, of which articles on Consular legalization specify that certain types of documents of the file for investment registration issued by competent agencies assigned by the Ministry of Foreign Affair are subjected to consular legalization procedure to implement measures on simplifying administrative procedures stated in article 2 and 12 of Section A, Part V of the simplification Plan attached herewith this Resolution. Date of issuance of the Joint-Circular is prior to July 31, 2010.

- To chair and coordinate with related ministries and departments in issuing the draft of Joint- Circular on amending, supplementing, superseding, abolishing or revoking related provisions stated in:

+ Circular 02/2009/TT-BKH of 17 May 2009 by the Ministry of Planning and Investment guiding the procurement planning;

+ Circular 03/2006/TT-BKH guiding some articles on the documents, order and procedures for registration of business in order to implement measures on simplifying administrative procedures stated in article 7,8 and 16 of Section A, Part V of the simplification Plan attached herewith this Resolution. Date of issuance of the Joint-Circular is prior to July 31, 2010.

- To amend supplement Annex I-14 on the registration form for investment certificate stipulated in Decision No. 1088/2006/QD-BKH dated 19 October, 2006 by the Minister of Planning and Investment on the issuance of the written forms of investment procedures in Vietnam to implement measures on simplifying administrative procedures stated in article 2 of Section A, Part V of the simplification Plan attached herewith this Resolution. Date of issuance of the Joint-Circular is prior to July 31, 2010.

b) To Assign the State Bank of Vietnam:

To chair and coordinate with the Ministry of Planning and Investment and other related ministries and departments in issuing the draft of Decree on amending, supplementing, superseding, abolishing or revoking related provisions stated in Decree 28 / 2005/ND-CP dated 9 March, 2005 by the Government on organization and operation of small-scale financial institutions in Vietnam, to implement measures on simplifying administrative procedures stated in article 13 of Section A, Part V of the simplification Plan attached herewith this Resolution, submitted to the Government before July 31, 2010.

VI. SIMPLIFICATION PLAN FOR THE ADMINISTRATIVE PROCEDURES OF PRIORITY REVIEW UNDER THE CONTROL OF MINISTRY OF SCIENCE AND TECHNOLOGY

A. Contents of the Simplification Plan

1. Quality control procedures for imported goods - B-BKC-008126-TT

In addition to provisions on the direct filing at the competent registration body, enterprises may submit copies of the certificate of quality whereas the original certificate is to be collated with the copies.

2. Recognition Procedures for Industrial Property Attorneys in the Register of the National Industrial Property Attorney - B-BKC-107006-TT

- Compositions and number of the documents

+ In addition to the provision on the direct filing at the competent registration body, enterprises may submit copies of the business registration/operation registration certificate whereas the original certificates are to be examined and collated with the copies

+ Remove the List of Service charge for industrial property attorneys;

+ Remove documents for payment of fees;

+ Replace the list of persons in the organization owning an IP Attorney certificate attached with the Decision on Recruitment/Employment contract for those persons with the certificate of the head of the organization or the certificate and copies of the Decision on Recruitment of the authorized person;

+ Specify the number of the record to be submitted is 01.

- For the time limit for settlement: Shorten the time limit for settlement of 01 month to 15 days from the date of receipt of complete and valid dossiers.

3. Procedures for Cancellation of Industrial Property Certificate of Protection - B-BKC-006735-TT

- The dossier composition: Abolish the request for voucher of payment of fee for cases of direct filing. Only copies of such documents requested for cases of filing through mail of making account payment.

- The time limit for settlement: Stipulate the time-limits for settlement of each case as follows:

+ If the petition requesting the cancellation or termination of the certificate of protection is the holder of the certificate, the National Office of the Intellectual Property issue a decision on termination of the certificate of protection within the time-limit of 10 days from the date of receipt of the request for terminating the certificate of protection;

+ If the petition requesting termination or cancellation of the certificate of protection is the third party: After a maximum time-limit of three months set by the National Office of Intellectual Property in the notification sent to the holder of the certificate of protection, if the holder does not have different point with the petition, the National Office of Intellectual Property shall make a decision. Incase the holder does have different point with the petition, the National Office of Intellectual Property shall extend the time-limit for the proceedings up to three months.

+ Time-limit for the above proceedings does not include time for the implementation of other procedures if the request for cancellation of certificate of protection requires such implementation.

4. Procedures for Termination or Cancellation of Industrial Property Certificate of Protection - B-BKC-006747-TT

- The dossier composition: Abolish the request for voucher of payment of fee for cases of direct filing. Only copies of such documents requested for cases of filing through mail of making account payment.

- The time limit for settlement: Stipulate the time-limits for settlement of each case as follows:

+ If the petition requesting the cancellation or termination of the certificate of protection is the holder of the certificate, the National Office of the Intellectual Property issue a decision on termination of the certificate of protection within the time-limit of 10 days from the date of receipt of the request for terminating the certificate of protection;

+ If the petition requesting termination or cancellation of the certificate of protection is the third party: After a maximum time-limit of three months set by the National Office of Intellectual Property in the notification sent to the holder of the certificate of protection, if the holder does not have different point with the petition, the National Office of Intellectual Property shall make a decision. Incase the holder does have different point with the petition, the National Office of Intellectual Property shall extend the time-limit for the proceedings up to three months.

+ Time-limit for the above proceedings does not include time for the implementation of other procedures if the request for cancellation of certificate of protection requires such implementation.

5. Procedures for resolving complaints related to industrial property issues - B-BKC-006849-TT

Abolish the request to submit vouchers of fee payment on direct filing cases. Only copies of the stated documents submitted on the case of filing by mail or making account payment.

B. Responsibility for implementation of the simplification plan

To Assign Ministry of Science and Technology: To Draft Circular amending, supplementing, superseding, abolishing or revoking relevant provisions in:

- Circular No. 17/2009/TT-BKHCN of June 18, 2009 of the Ministry of Science and Technology providing guidelines for state inspection of quality of imported goods under the management of the Ministry of Science and Technology;

- Circular No. 01/2007/TT-BKHCN of May 14, 2007 of the Ministry of Science and Technology guiding the implementation of Decree 103/2006/ND-CP of September 22, 2006 of the Government providing guidelines on the implementation of some articles of the Intellectual Property Law on Industrial Property to implement measures on simplifying administrative procedures stated in article 1, 2, 3, 4 and 5 of Section A, Part V of the simplification Plan attached herewith this Resolution, issued before July 31, 2010.

VII. SIMPLIFICATION PLAN FOR THE ADMINISTRATIVE PROCEDURES OF PRIORITY REVIEW UNDER THE CONTROL OF THE MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS AND THE VIETNAM SOCIAL INSURANCE

A. Contents of the Simplification plan

1. Procedures for "Granting work permits to foreigners working in Vietnam in the form of labor contract" (B-BLD-059 602-TT) and procedures for "Granting work permits to foreigners working under commercial contracts "(B-BLD-060110-TT)

- Remove curriculum vitae in the application file for work permits

- Reduce the time limit of the proceedings from 15 days to 10 working days

- Set the term of validity of the work permit at the request of employer but not to exceed 36 months

- Reproduce the sample request documents for work permits for foreigners, in which making addition to the list of foreigners nominated for work permits with information needed for both the granting procedures and the management of the granted; languages used in the sample documents are English and Vietnamese.

- Specify ways of getting the sample request paper and registration form for recruitment as the followings:

+ Directly getting at the competent State Administrative agencies

+ Get printed forms from websites of State Administrative competent agencies;

+ Get printed forms from the national databases on Administrative Procedures.

- Apply the mechanism for joint-agencies, enhancing the cooperation between the State management agency on labor and Immigration control agency under the Ministry of Police by the stipulation that after granting work permits, employer must send a list of persons granted work permits to Immigration control agency for checking and issuing cards of temporary residence for foreigners working in Vietnam.

- Supplement the stipulation on competence, order and basis for cases of expulsion and request documents for ordering expulsion.

- Remove the provisions on work permits exemption for “Foreigners working in Vietnam for less than 03 (three) months" in Point a, Clause 1, Article 9 of Decree No. 34/2008/ND-CP of 25 March 2008 as c and f, Clause 1, Article 9 of Decree No. 34/2008/ND-CP clearly stipulate particular cases working under three months receive exemption from work permits .

2. Procedures for "Granting work permits to foreigners who are representatives of non-governmental organizations working in Vietnam" - B-BLD- 060 115-TT

- Exempt work permits for foreigners who are chief representatives (including the Chief Office Representative, Project Director or foreigners authorized by non- governmental organization to be representative of the organization in Vietnam) of non- governmental organization (NGO) operating in Vietnam.

3. Procedures for "Granting work permits to foreigners moving within their cooperation (B-BLD-059 603-TT)

- On complying subjects: Classify clearly the two group of complying subjects, including:

+ Complying subjects are foreigners moving within their own cooperation for enterprises operating within the service sectors which is under Vietnam commitment to WTO accession (there are 11 major service sectors, including: business service; information service; construction services; distribution services; education services; environment services; finance service; health services; tourism service; entertainment and culture service; and transportation service);

+ Complying subjects are foreigners moving within their own cooperation for enterprises operating within the service sectors which is not under Vietnam commitment to WTO accession

Based on this, exempt work permit for the first group of complying subjects and at the same time, concretize Vietnam’s commitment criteria for WTO’s accession with regards to this complying group to follow the roadmap set out by Ministry of Labour, Invalids, and Social Affairs. For the second group of complying subjects, regulations on work permits and simplification contents are as similar as for procedure specified in Article1, Section A, Part VII of simplification options attached with this Resolution

4. Procedures for "Re-granting work permits to foreigners working in Vietnam" (B-BLD-001 784-TT)

- Specify the basis for the re-issuance of work permits (lost, damaged, changes of passport or workplace ...);

- Remove the composition of the dossiers prescribed at Point b, c, Clause 2 of Article 11 of Decree No. 34/2008/ND-CP Amend the stipulation on reasons for re- issuing the licenses in Point a, Clause 2 of Article 11 of this Decree;

- Reduce the duration for processing dossiers and re-granting to 03 working days from the date of receipt of the complete and valid dossiers;

- Specify the term of validity for the re-granted work permits.

5. Procedures for "establishing centers for occupation introducing under the decision for establishment by the Chairman of the People Committee at provincial level" (B-BLD-060 121-TT)

- Remove the provisions on the establishment of occupation introduction centers, carry out research on methods to effectively manage and maintain those centers established and being under operation.

- Consider to supplement regulations on changing the current Occupation Introducing Centers which are of administrative form into private service form for the management of individual or organization and for the State reclaim of investment capital. Accordingly, heads of the competent bodies for establishing occupation introducing centers shall have the rights to make this change. Time-limit for the conversion is five (05) years, State mechanisms and policies preferential for such organizations are:

- Tax incentives;

- Rights to collect fees in accordance with the State norms;

- Rights to join in venture and joint-venture to carry out activities related to Occupation Introduction;

- Rights to receive State funding in the following cases:

+ Undertake tasks set by the State;

+ Carry out science and technology research on occupation introduction that need subsidy;

+ Carry out the national targeting program on occupation introduction;

+ Carry out the programs on training and higher educating for laborers, counselling, introducing and vocational training for workers of social policy for the disadvantaged;

+ Rights to enjoy other financial assistance etc.,

6. Procedures for "granting operation license for enterprises operating in the field of occupation introduction" (B-BLD-001794-TT)

- The implementation process: Stipulate the addition of an inter-connection mechanism between procedures for licensing occupation introducing service and procedures for licensing the service of sending laborers to work overseas for cases of businesses registering the occupation introducing service within the country and sending laborers to work overseas and vice versa. The only one license must clearly specify those two above services. The first competent agency to receive the dossier for business registration shall take on main responsibility and shall be the agency directly dealing with enterprises.

- For time limit of the processing procedures: Shorten the time limit to 10 working days from the date of receipt complete and valid dossiers.

- For conditions for the processing procedures: Replace the condition for employees with the condition for head of the enterprises. Assign responsibility and autonomy to head of the enterprises in recruiting employees to ensure efficient operation of the enterprises in the field of occupation introducing.

- Combine and add regulations on locations for carrying out occupation introducing activities with a representative office or branch of the enterprise and clearly state these in the certificate of business registration of the branch or representative office. For the relocation of head office, enterprises must send notification not only to the competent business registration bodies but also to the agency issuing the license for occupation introducing business and make announcements on mass media.

- During the implementation process for occupation introducing activities, enterprises must publicize the forms of labor supplying contract, labor broking service contract issued by competent labor control agencies.

7. Procedure for "Receiving registration for salary scale and list of paid salaries of non-state owned enterprises" (B-BLD-003482-TT) and procedures for "Registering collective labor agreement of the enterprise" (B-BLD-033210 -TT)

- Abolish the two above (02) procedures.

8. Procedure for "Issuing social insurance certificates for participants of compulsory social insurance" (B-BLD-001 600-TT; B-BXH-062 226-TT)

- For the composition and quantity of the dossier: abolish the copy of birth certificate of workers; edit template List of social workers having social insurance, unemployment insurance by adding basic related information to recruitment decisions or decisions on wages or employment contracts for the issuance of social insurance and collection of social insurance fees. Accordingly, removing parts of the recruitment decision or decision on wages or employment contracts; such employment contracts are contracts with employers who are individuals hiring and using labors having the social insurance certificates for the cases of compulsory social insurance. Specify the number, originals or copies of business registration certificates or decision of business establishment.

- For the implementation process: Uniformly guide the process for implementing the procedures for social insurance registration and procedures for social insurance certificate issuance for enterprises; regulate dossier processing between divisions within the social insurance agency.

- For the time limit of the administrative procedures processing: Reduce the time limit of processing from 30 working days 20 working days from the date of receipt of complete and valid dossiers of participants of compulsory social insurance and unemployment insurance.

- For the forms of social insurance certificate and declaration for registration for social insurance, health insurance, unemployment insurance: Improve forms of social insurance certificate and declaration for registration for social insurance, health insurance, unemployment insurance. Research and introduce information technology to manage social insurance certificates/ participants of social insurance, gradually replace the current the social insurance certificates of Vietnam Social Insurance Company.

9. Procedures for "issuing social insurance certificates for participants of the voluntary social insurance" (B-BLD-001 506-TT; B-BXH-062 700-TT)

- For the implementation process: Uniformly guide the process for implementing the procedures for voluntary social insurance registration and procedures for social insurance certificate issuance for participants of voluntary social insurance. Regulate dossier processing between divisions within the social insurance agency and time limit for processing of each division.

- For the time limit of the administrative procedures processing: Reduce the time limit of processing from 20 working days 10 working days.

- For the forms of social insurance certificate and declaration for registration for social insurance, health insurance, unemployment insurance: Improve forms of social insurance certificate and declaration for registration of social insurance, health insurance, unemployment insurance. Research and introduce information technology to manage social insurance certificates/ participants of social insurance, gradually replace the current the social insurance certificates of Vietnam Social Insurance Company.

10. Procedures for "Confirming term to enjoy social insurance for individuals working abroad under fixed term in accordance with the Agreement of the Government and individuals working as captain, interpreter, region officer and receiving salary by foreigners but having returned before January 1st 2007 and currently paying social insurance fees” (B-BLD-001 744-TT; B-BXH-063 337- TT)

- For the time limit of administrative procedures: Add provisions on time limits for the procedures: not exceeding 15 working days from the date receipt of complete and valid documents for cases of workers having social insurance certificates; not exceeding 20 working days from the date of receipt of complete and valid documents for cases of workers not having social insurance certificates (including time limit for certificate issuance and confirmation.)

- For the composition of the dossier: Add provisions on the number of dossiers submitted; abolish the "Original of the decision on assignment" in the dossier; specify the compositions of the application dossier submitted to the competent agencies to issue "confirmation of the working term to get social insurance" to include only the application of the applicant.

B. Responsibility for the implementation of the simplification plan

1. For measures to simplify administrative procedures related to the amendment and supplement of laws and ordinances:

a) To Assign the Ministry of Labour - War Invalids and Social Affairs

- To chair and undertake responsibilities in supplementing and revising the Labor Code project in accordance with the contents of the administrative procedures stated in articles 2, 3, 5 and 7, Section A, Part VII of the simplification plan attached herewith this Resolution, before submitting to the National Assembly.

- To chair and coordinate with the Ministry of Justice, the Government Office and other ministries and departments in developing the Project on amending, supplementing some articles of Social Insurance Law in 2006 to implement the measures for simplification of administrative procedures stated in article 7, 8 and 9, Section A, Part VII of the simplification plan attached herewith this resolution, to be submitted to the Ministry of Justice and the Government before November 30, 2010.

- To chair and coordinate with the Ministry of Justice, the Government Office and other related ministries and departments in issuing the draft Decree on the conditions and procedures for the establishment and operation of the occupational service organization to replace Decree No. 19/2005/ND-CP dated 28 February 2005 of the Government on conditions and procedures for the establishment and operation of occupation introducing enterprises and Decree No. 71/2008/ND-CP of June 5, 2008 by the Government amending and supplementing some articles of Decree No. 19/2005/ND-CP dated 28 February 2005 of the Government on the conditions and procedures for the establishment and operation of occupational service organization, which shall fully reflect the contents of simplifying administrative procedures as stated in article 4, 5, Section A, Part VII of the simplification plan attached herewith this Resolution, to be submitted to the Government before December 31, 2010.

- Draft Circular on guidelines for some provisions of the Decree on conditions and procedures for the establishment and operation of occupational service organizations, replacing Circular No. 20/2005/TT-BLDTBXH of 22 June 2005 by the Ministry of Labor - War Invalids and Social Affairs on guiding some articles of Decree No. 19/2005/ND-CP dated 28 February 2005 of the Government in on the conditions and procedures for establishment and operation of occupation introducing enterprises; Circular 27/2008/TT-BLDTBXH dated 20 November 2008 amending and supplementing Circular No. 20/2005/TT-BLDTBXH guiding some articles of Decree No. 19/2005/ND-CP on conditions and procedures for establishment and operation of occupation introducing enterprises and Decree No. 71/2008/ND-CP amending and supplementing some articles of Decree No. 19 / 2005/ND-CP enclosed the draft of the Decree on the conditions and procedures for the establishment and operation of occupational service organizations, to be submitted to the Government before December 31, 2010.

b) To Assign The Ministry of Public Security

To chair and coordinate with the Foreign Ministry, Ministry of Labor - Invalids and Social Affairs and the Ministry of Justice, and other related ministries and departments on supplementing regulations on the emigration, immigration and residence of foreign labors in Vietnam and cases of expellees if working in Vietnam without a work permits in accordance with the content of simplifying administrative procedures stated in articles 1, 2 and 3 of Section A of Part VII of the simplification plan attached herewith this resolution, into the law project of emigration, immigration and residence of foreign labors in Vietnam and submit to the Government within August 2010

2. For the measures to simplify administrative procedures not related to the amendment and supplement of laws and ordinances:

a) To Assign The Ministry of Labour - War Invalids and Social Affairs

- To chair and coordinate with the Ministry of Justice, the Government Office and other related ministries and departments issuing the draft of Decree on amending, supplementing, superseding, abolishing or revoking related provisions of the following decrees to implement administrative procedures stated in article 1, 2, 3, 4 and 7 of Section A of Part VII of the simplification plan attached herewith this resolution, to be submitted to the Government before July 31, 2010:

+ Decree 114/2002/ND-CP of December 31, 2002 of the Government providing guidelines on the implementation of some articles of the Labor Code on wages;

+ Decree No. 196/CP dated 31 December 1994 of the Government detailing and guiding the implementation of some articles of the Labor Code on collective labor agreements;

+ Decree No. 93/2002/ND-CP dated 11 November 2002 amending and supplementing some articles of Decree No. 96/CP of December 31, 1994 of the Government detailing and guiding some articles of the Labor Code on collective labor agreements;

+ Decree No. 34/2008/ND-CP dated 25 March 2008 on recruitment and management of foreigners working in Vietnam;

+ Decree No. 113/2004/ND-CP dated 16 April 2004 of the Government imposing administrative sanctions for violations of labor laws

- Draft of the Circular on amending, supplementing, superseding, abolishing or revoking the relevant regulations of the following circulars in accordance with the contents to simplify administrative procedures stated in article 1, 2, 3, 6 and 9, Section A of Part VII of the simplification plan attached herewith this Resolution to be issued prior to July 31, 2010:

+ Circular No. 08/2008/TT-BLDTBXH of June 10, 2008 of the Ministry of Labor - War Invalids and Social Affairs guiding the implementation of some articles of Decree No. 34/2008/ND-CP dated 25 March 2008 of the Government on the recruitment and management of foreigners working in Vietnam;

+ Circular on amendment and supplement of Circular No. 24/2007/TT-BLDTBXH of November 9, 2007 of the Ministry of Labor - Invalids and Social Affairs guiding the calculation of time to enjoy social insurance under Decision No. 107/2007/QD-TTg by the Prime Minister;

+ Circular No. 13/2003/TT-BLDTBXH of May 30, 2003 by the Minister of Labor - War Invalids and Social Affairs guiding the implementation of some articles of Decree No. 114/2002/ND-CP dated 31 December 2002 of the Government on wages for employees working in enterprises operating under the Enterprise Law;

+ Circular No. 28/2007/TT-BLDTBXH of December 5, 2007 of the Ministry of Labor- War Invalids and Social Affairs revising Circular13/2003/TT-BLDTBXH and Circular 14/2003/TT-BLDTBXH of May 30, 2003 of the Ministry of Labor - War Invalids and Social Affairs guiding the implementation of some articles of Decree No. 114/2002/ND-CP of December 31, 2002 of the Government providing detailing and guiding the implementation of some articles of the Labor Code on wages.

b) To Assign The Ministry of Public Security

To chair and coordinate with the Ministry of Labor - War Invalids and Social Affairs, Ministry of Justice, the Government Office and other related ministries and departments in issuing the draft of the Decree amending and supplementing some articles of Decree No. 15 / 2009/ND-CP dated 13 February, 2009 by the Government amending and supplementing some articles of Decree No. 97/2006/ND-CP of September 15, 2006 prescribes the application of sanctions for foreigners working in Vietnam violating the regulations on recruitment and management of foreigners working in Vietnam, to be submitted to the Government before July 31, 2010.

c) To Assign the Ministry of Home Affairs

To chair and coordinate with the Ministry of Labor - War Invalids and Social Affairs, Ministry of Justice, Ministry of Public Security, the Government Office and other related ministries and departments in issuing the draft of the Decision by the Prime Minister on the promulgation of regulations and operations of non-governmental organizations in Vietnam to replace Decision No. 340/TTg of May 24, 1996 by the Prime Minister promulgating the regulations and operation of the NGOs in Vietnam, to be submitted to the Government before July 31, 2010.

d) To Assign The Vietnam Social Insurance

To review and draft documents to amend and supplement related provisions to simplify the procedures stated in article 7, 8 and 9, Section A, Part VII of the simplification plan attached herewith this Resolution to replace the following documents and to be issued before July 31, 2010:

- Document No. 1564/BHXH-BT of June 2, 2008 of the Vietnam Social Insurance on the Guidelines on procedures for participation and enjoyment of social insurance regime for voluntary social insurance participants;

- Decision No. 555/QD-BHXH of May 13, 2009 by the General Director of Vietnam Social Insurance regulating the issuance, control and use of social insurance certificates;

- Decision 1339/QD-BHXH on the form of social insurance certificate;

- Document No.1615/BHXH-CSXH of June 2, 2009 of the Vietnam Social Insurance.

VIII. THE MEASURES TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES OF PRIORITY REVIEW UNDER THE CONTROL OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

1. Procedures for "decision on testing and assaying of veterinary medicine" - B-006 296-TT-BNN

- To replace the "registration dossier for each product circulation" in the dossier with "The technical dossier for each product." Of which, the technical dossier to include: summary of product characteristics, technical information about the quality of the product and technical information about the safety and expiry of the product.

- To abolish regulations on individuals, organizations must submit a " Practice certificate on testing and assaying of veterinary drugs or the person in charge of the technical field of testing and assaying” when submitting an application for testing and assaying veterinary medicine.

- Expand the scope and of veterinary drugs (excluding vaccines) exempted from testing, assaying if originated from countries, regions which have the capacities and conditions to produce veterinary drugs equal to that of Europe.

2. Procedures for "issuing certificate of circulation of veterinary medicine" - B-006 296-TT-BNN

- For the composition of the dossier:

+ To specify types of documents in the dossier submitted to distinguish the procedures for registration of veterinary medicine production, registration for recognition of establishments eligible to import veterinary drugs and registration for circulation of veterinary medicine;

+ To specify types of GMP or ISO certificate; product circulation license (MA) in producing countries or other countries; product quality analysis form (CA) (for imported products) is original, or copies certified or authenticated, or copies enclosed with the original to compare;

+ To specify drugs tested and assayed, make request on the submit of "Testing and assaying results" without submitting “Form of veterinary drug testing by the testing center for veterinary medicine”;

+ To specify drugs exempted from testing and assaying, but must submit “ Form of veterinary drug testing by the testing center for veterinary medicine” without submitting “Testing and assaying results"

- Stipulate validity term of the certificate of registration for circulation of veterinary medicine granted for the first time is 05 years.

- Specify that veterinary drugs are circulated right from the date of issuance of the registration certificate (registration numbers).

- Abolish the requested information on dosage forms of the products, ingredients and concentration of substances in products and other forms of package products, the indication for the treatment and dosage used for each animal species; time to stop using the drug for each animal species to exploit the meat, eggs and milk in the registration form for circulation of veterinary drugs.

3. Procedures for "Checking and recognition of aquaculture producing and trading enterprises meeting the standards of hygiene and food safety (under the authority of the Ministry of Agriculture and Rural Development) - BNN-043 732- B- TT;

4. Procedures for “Checking and recognition of aquaculture producing and trading enterprises meeting the standards of hygiene and food safety (under the authority of the Department of Agriculture and rural Development)" - BNN-043 889-B- TT

- Abolish regulation on dossier’s comprising the “quality control program and procedures for product traceability" and specify the dossier for registration of first-time inspecting including:

+ Registration paper for inspection;

+Aquaculture product processing enterprises must enclose: Report on the current sanitary conditions, List of major products, technical process maps and synthesis of the HACCP plan.

- Specify that registration dossiers after correcting errors must include report on correcting errors.

- Issue a declaration form of the list of major products and synthesis of the HACCP plan.

- Clearly stated that within 03 (three) working days after receiving the dossiers, the competent body must consider and guide the enterprises to supplement missing or non- appropriate points.

- Clearly stated within 05 (five) working days, if the registration dossiers are complete and valid, the inspection agency shall notify the enterprise of official time for inspection.

- Specify the maximum time of 07 (seven) working days from the date of inspection, the competent agencies must grant certificates of FHS or send notification to those aquaculture producing and trading enterprises not satisfying the FHS conditions.

- To Assign Ministry of Agriculture and Rural Development decentralize the division, and objects under control between aquaculture quality control at central and grassroots level under the principle of controlling threats (common and extraordinary threat) and the degree of risk (instant food and food having threats associated with species of high-risk groups).

- To Assign Ministry of Health to coordinate with the Ministry of Agriculture and Rural Development, Ministry of Trade and Industry in coordinating and assigning in inspection and issuing certificates of establishments satisfying the conditions of food hygiene and safety.

- To add to the form of registration for inspection recognition of aquaculture producing and trading enterprises meeting FHS in terms of number, date, agency issuing certificate of business registration.

- Abolish section "4.3. Listing quality management program for products/groups of products attached with the program "in the report on current conditions to ensure food hygiene and safety of the aquaculture producing and trading enterprises.

5. Procedures for the "Inspection and certification of quality, hygiene and food safety of aquaculture products for exportation" - B-044 054-TT-BNN

- Combine the activities of “Quarantining lots of aquatic animals and aquatic animal exported goods used as food" and the activities of "Testing and recognizing quality, hygiene and food safety of aquatic exported goods "into 01 procedure" quarantine and inspection of quality, food hygiene and safety of aquatic exported goods.”

- Apply the lessening inspection for lots of aquaculture exported goods on the basis of the classification of sanitary conditions, group of products outside the lists for inspection are stated in Article 20, Article 21, Regulation issued together with Decision No. 118/2008/QD-BNN dated 11 December 2008 by the Minister of Agriculture and Rural Development.

- Issue the sample form of declaration for shipment details.

- Specify the maximum time of 07 (seven) working days after the inspecting, and sampling at sight, the competent bodies must issue certificates of quality, food hygiene and safety for aquaculture products, or send FSH Notification of the products not satisfying the requirement for quality and FSH as for lots of canned products.

6. Procedures for "quarantining aquatic animals, aquatic animal products as exported goods" - B-043 599-TT-BNN

- Abolished this procedure.

- Combined the activity of "Quarantining lots of aquatic animals and aquatic animal products as exported foods" and the activities "Testing and certifying quality, hygiene and food safety of exported aquatic goods "into 01 procedure for “quarantining and inspecting quality, food hygiene and safety of exported aquatic products. "

7. Procedure for "Inspecting and certifying quality, hygiene and food safety of imported aquatic goods" - B-044 062-TT-BNN

- Abolish regulations on a copy of the certificate of quality and food hygiene and safety for aquatic products for lots of raw material of seafood imported directly from fishing vessels with refrigerator equipment (on conditions that the ship is in the list of imports to Vietnam, and each lot of goods must have a copy of the certificate of eligibility to ensure food hygiene and safety of fishing vessels by the competent bodies).

- Issue the sample form of Declaration on shipment details

- Specify the maximum time of 07 (seven) working days after the inspection, and sampling at sight, the competent bodies must issue certificates of quality, food hygiene and safety for aquatic products, or FSH Notification for products not satisfying the standards of quality, and food hygiene and safety as for lots of imported canned products.

- Specify group of Vietnam seafood recalled products and seafood products sent back from foreign countries which have received certificates before being exported must at first under the implementation procedures for "Free checking and quality certification, FSH for aquatic products.” In case the competent bodies announce that the shipment is not under exemption procedures, the procedures for "Testing and certification of quality, hygiene and safety of aquatic products (for imported aquatic products)" is carried out.

B. Responsibility for the implementation of the simplification plan

1. For measures to simplify administrative procedures relating to the amendment and supplement of laws and ordinances:

a) To Assign The Ministry of Agriculture and Rural Development

- To chair and coordinate with other related ministries and departments in issuing draft of the Ordinance amending, supplementing, superseding, abolishing or revoking the relevant provisions in Ordinance No. 18/2004/PL-UBTVQH11 dated 29 April, 2004 on veterinary-related issues to simplify administrative procedures stipulated in article 2, Section A, Part VIII of the simplification plan attached herewith this Resolution, to be sent Ministry of Justice General for synthesis and submitted to the Government before November 30, 2010.

- To chair and coordinate with related ministries and departments to develop draft of the Circular amending, supplementing, superseding, abolishing or revoking the relevant provisions in:

+ Decision No. 10/2006/QD-BNN dated 10 February, 2006 by the Minister of Agriculture and Rural Development on registration procedures for the production, importation, and circulation of veterinary drugs and raw materials for veterinary drugs, biological preparations, microorganisms and chemicals used for veterinary-related purposes;

+ Decision 117/2008/QD-BNN dated 11 December 2008 by the Minister of Agriculture and Rural Development on the Regulation on inspection and recognition of aquaculture producing and trading enterprises satisfying the conditions of Food hygiene and safety.

in order to implement the simplification measures for administrative procedures stated in article 2, 3 and 4, Section A, Part VIII of the simplification plan attached here with this resolution, to be submitted to the Government for consideration, enclosed with the draft ordinance submitted to Standing Committee of the National Assembly before 31 December 2010.

b) To Assign The Ministry of Health

- To chair and coordinate with other related ministries and departments in issuing draft of the Ordinance amending, supplementing, superseding, abolishing or revoking the relevant provisions in Ordinance No. 12/2003/PL-UBTVQH11 dated 26 July 2003 on food hygiene and safety to implement the simplification measures for administrative procedures stated in article 3 and 4, Section A, Part VIII of the simplification plan attached here with this resolution, to be sent to the Ministry of Justice General before November 30, 2010 for synthesis to be submitted to the Government for consideration and decision

- To chair and coordinate with other related ministries and departments in issuing the draft of the Decree amending, supplementing, superseding, abolishing or revoking the relevant provisions in Decree No. 163/2004/ND-CP of September 7, 2004 of the Government detailing the implementation of some articles of the Ordinance on food hygiene and safety to implement the simplification measures for administrative procedures stated in article 3 and 4, Section A, Part VIII of the simplification plan attached here with this Resolution, to be submitted to the Government for consideration and decision before 31 December 2010, enclosed with the draft ordinance submitted to the Standing Committee of the National Assembly.

2. For measures to simplify administrative procedures not related to the amendment and supplement of laws and ordinances:

a) To Assign The Ministry of Agriculture and Rural Development

- To chair and coordinate with other related ministries and departments in issuing the draft of the Circular amending, supplementing, superseding, abolishing or revoking relevant provisions in:

+ Decision 71/2007/QD-BNN of 06 August 2007 by the Minister of Agriculture and Rural Development regulating the order and procedures of testing and assaying veterinary drugs;

+ Decision 98/2007/QD-BNN dated 03 December 2007 by the Minister of Agriculture and Rural Development on the amendment and supplement of Decision 71/2007/QD-BNN dated 06 August 2007 by the Minister of Agriculture and Rural Development;

+ Decision No. 118/2008/QD-BNN of 11 December, 2008 by the Minister of Agriculture and Rural Development on the Regulation on inspection and recognition of quality, food hygiene and safety of aquatic products;

+ Circular No. 06/2010/TT-BNNPTNT 02 dated 02 February 2010 of the Ministry of Agriculture and Rural Development regulating the orders and procedures for quarantine of aquaculture and aquaculture products.

to implement the simplification measures for administrative procedures stated in article 1, 5, 6 and 7, Section A, Part VIII of the simplification plan attached here with this Resolution, to be submitted before July 31, 2010.

b) To Assign The Ministry of Science and Technology

- To chair and coordinate with the Ministry of Agriculture and Rural Development and other related ministries and departments in issuing the draft of the Decision 50/2006/QD-TTg dated 7 March, 2006 by the Prime Minister promulgating the list of products, goods must be checked for quality to implement the simplification measures for administrative procedures stated in article 7, Section A, Part VIII of the simplification plan attached here with this Resolution, to be submitted to the Prime Minister for consideration and decision before July 31, 2010.

c) To Assign the Ministry of Finance

- To chair and coordinate with the Ministry of Agriculture and Rural Development and other related ministries and departments in issuing the draft of the Joint-Circular amending, supplementing, superseding, abolishing or revoking the relevant provisions in Circular No. 17/2003/TTLT-BTC-BNNPTNT-BTS dated 14 March 2003 of the Joint-ministries between Ministry of Finance, Ministry of Agriculture and Rural Development, and Ministry Fisheries, providing guidelines on the inspection and monitoring of imported and exported goods under the animal and floral quarantine, fishery quarantine to implement the simplification measures for administrative procedures stated in article 5 and 6, Section A, Part VIII of the simplification plan attached here with this Resolution, to be issued before July 31, 2010.

IX. THE PLAN TO SIMPLIFY THE ADMINISTRATIVE PROCEDURES OF PRIORITY REVIEW UNDER THE CONTROL OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

A. Contents of the simplification plan

1. Agricultural land allocation procedures for households and individuals (commune) - BTM-062 773-B-TT

- Specifying the criteria (demographic, labor practice, economic conditions, incentives ...) and conditions (also land ...) to be allocated agricultural land;

- Specifying the time limit for the People's Committees of communes, wards and towns for verification and comment on the application for confirmation of the allocation of households and individuals to registration offices of land use rights used as engine Department for review and assessment records for land allocation (file by People's Committees of communes, wards and towns up).

- Specifying the time limit for agencies (Office of land use right registration, Department of Natural Resources and Environment, the district People's Committee) to complete the job (sequential implementation of administrative procedures).

2. Confirmation Procedure is committed to protecting the environment (district) - B-003 645-TT-BTM

Amending provisions on the scope of the object must implement certification procedures is committed to protecting the environment, narrowing towards the object, only specified lines or areas at risk of causing environmental pollution New to perform this procedure.

3. Procedures for evaluation and approval of reports on environmental impact assessment (EIA) (provincial) - B-003 674-TT-BTM

To amend and supplement the provisions in the part of the record is 01 (a) the report or reports of investment - economic or technical projects or similar document of the project (the project was established by the in the process of applying investment) be signed together with the names and titles of all projects and sub-stamped in the cover page.

4. Procedures for Evaluation and approval of reports on environmental impact assessment supplement (additional EIA), (central) - B-003 084-TT-BTM

Annul the evaluation and approval of reports on environmental impact assessment supplement (supplement AEI).

5. Procedures for Evaluation and approval of reports on environmental impact assessment supplement (additional EIA) (provincial) - B-099 459-TT-BTM

Annul this procedure.

6. Procedures for Issuance of certificates of eligibility to import waste (provincial) - B-061 266-TT-BTM

This page specified period of validity of the certificate of eligibility to import scrap from 12 months (01 years) after the grant is valid for up to 36 months (03 years) from the date of grant.

7. New Registration Procedure license transporting hazardous waste (provincial) - B-061 924-TT-BTM;

8. "New Procedures for processing license, hazardous waste disposal (provincial) - B-061 993-TT-BTM

These included two procedures into a procedure for simultaneously towards license handling and destruction of hazardous waste license and transportation of hazardous waste at the same time clearly defining the responsibility of the transport handling or disposal practice for shipping, handling and disposal of hazardous wastes.

9. Procedures "Grant license to exploit and use groundwater for projects with a flow of 3.000m3/ngay night (central level) - B-001 769-TT-BTM

a) The composition profile:

- Repeal provisions in the composition profile is the scheme of groundwater exploitation. Put some content in the scheme needed to exploit underground water (plan, project layout, design,) exploitation wells in the reports on the results of exploration and evaluation of mining reserves Report on the ground and underground water exploitation.

+ Shrink statement structure of exploration and evaluation capacity of underground water exploitation plan from 9 to 6 chapters, namely: chapter 3, 8, 9; clarify the contents of chapter 4, 7;

+ Shrink Status report structural exploitation of underground water from 5 categories to 3 categories, namely: remove Section I, II;

- Clear map or diagram of geology at 1:50,000 scale - 1:25.000 in the Appendix to report on results of exploration and evaluation of reserves of underground water exploitation.

- Amend the provisions of the land records as follows: a notarized copy or copy and attach for comparison or a copy certified by the agency or licensing organization's registration certificate certificate or valid papers on land use rights where the exploitation well in accordance with the law of the land.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original copy and confirm the validity of documents.

- Annul the provisions of the people's committee must be certified by competent authorities in cases where the exploitation well land not under the land use right of organizations and individuals for granting permission (In this case, only a written request agreement for land use between organizations and individuals exploiting organizations and individuals using land).

b) The duration of administrative procedures: Additional prescribed period of validity of licenses for projects with exploitation of water resources to ensure long-term stability value of at least 5 years.

c) On the application form, missing part of the certification of the People's Committees of communes, wards for organizations and individuals have no legal status and seals.

Additional regulations submit a copy of the ID card of the individual, the representative organization for granting permission.

10. Procedures "with licenses for underground water exploitation under 3.000m3/ngay night" (provincial) - B-003 653-TT-BTM

a) The composition profile:

- Annul the provisions of the scheme documents have the exploitation of underground water. Put some content needed in a project on underground water exploitation:

+ Report the results of exploration and evaluation of underground water reserves for the flow of work and under 3000m3/ngay 200m3/ngay night night statement well construction, exploration and exploitation of groundwater for public under the flow of 200m3/ngay night;

+ Status report cases of exploitation of underground water exploitation projects are operating.

- Clarify the content of some chapters and entries in:

+ Report the results of exploration and evaluation capacity of underground water exploitation in case the flow of work 200m3/ngay night;

Report + results well construction in case of exploitation of works under traffic 200m3/night;

+ Status report on the exploitation of underground water in case of exploitation of underground water is running.

- Amend the provisions of the land records as follows: a notarized copy or copy and attach for comparison or a copy certified by the agency or licensing organization's registration certificate or valid papers on land use rights where the exploitation well in accordance with the law of the land.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original copy and confirm the validity of documents.

- Put the certification of the People's Committee competent authorities in cases of land where the exploitation well not the land use right of organizations and individuals for granting permission. (In this case only requires a written agreement for land use between organizations and individuals exploiting organizations and individuals using land).

b) The duration of administrative procedures: Additional prescribed period of validity of licenses for projects with exploitation of water resources to ensure long-term stability value of at least 5 years.

c) On the application form, missing part of the certification of the People's Committees of communes, wards for organizations and individuals have no legal status and seals.

Additional copies for submission of proof of people's personal representative organizations requesting authorization.

11. Procedures "with licenses for underground water exploration projects with a flow of 3,000 m3/day or more (central) - B-002 567-TT-BTM

a) The composition profile:

- Project Shrink structured exploration of underground water from chapter 8 to $ 5 chapters namely: chapter 2, 3, 7; to clarify the content of Chapter 4, 6.

- Annul the provisions of section maps or records are the geological map at 1:50,000 scale - 1:25.000 in the Appendix to exploration projects for underground water.

- Annul the provisions of the profile is "certified copy of certificate or valid papers on land use rights at the exploration in accordance with the law on land or have the text of the People's Committee authority allows the use of land for exploration. "

b) On the application form: confirmation abolished the People's Committees of communes, wards for organizations and individuals have no legal status and seals.

Additional copies for submission of proof of people's personal representative organizations requesting authorization.

12. Procedures "with licenses for underground water exploration projects with the flow under 3.000m3/ngay night" (Provincial Level) - B-004 492-TT-BTM

a) The composition profile:

- Project Shrink structured exploration of underground water for flow of work 200m3/ngay 3000m3/ngay night from 6 to under chapter down to 4 chapters, namely: chapter 2, 5, as clearly Content Chapter 3, 4.

- Shrink architecture design exploration well for projects with smaller flow of items 200m3/ngay night from 6 to 3 categories, namely: remove item III, IV and VI; clarify Section II, V.

- Annul the provisions of the profile is "certified copy of certificate or valid papers on land use rights at the exploration in accordance with the law on land or have the text of the People's Committee authority permitting the use of land for exploration. "

b) Forms:

Clear confirmation of the People's Committees of communes, wards for organizations and individuals have no legal status and seals.

Additional copies for submission of proof of people's personal representative organizations requesting authorization.

13. Procedures "for mineral prospecting permits" (central level) - B-003 648- TT-BTM

Annul this procedure.

14. Procedures "for mineral prospecting permits" (Provincial Level) - B-095 003-TT-BTM

Annul this procedure.

15. Procedures "for mineral exploration permit" (central level) - B-009 956- TT-BTM

a) The composition profile:

- Additional provisions as 01 the number of records, personal and project drawings are accompanied by 03 copies.

- Amend the provisions of the legal records of organizations and individuals as follows: a notarized copy or copy and attach for comparison or a copy certified by the agencies and organizations registration of licensing documents certifying the legal status for organizations applying for mining licenses are held in countries that are not institutions have been granted exploration permits or licenses for investment organization applying for mining permits are foreign organizations or joint ventures with foreign partners.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original copy and confirm the validity of documents.

b) The execution time of administrative procedures: Additional provisions of the consultation period the concerned agencies on issues relating to the licensing of mineral activities.

c) The fee: To annul regulations on payment of deposit or deposit equal to 25% of the estimated exploration cost of the first year (one was made) before issuing permits for mineral exploration.

d) On the application form, declaration form

- This name form is: "Application for mineral exploration."

- Remove the phrase "personal" at the top, left side of the form.

- Remove the phrase "survey" in the title map.

- Skip the supplements in the right corner of the map.

- This stipulates: "The area of application for prospecting permit, exploration and mining shall be delineated on a topographic map coordinates perpendicular VN2000, a rate not less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and 1: 5000 for the mining area "to" form the map area permit exploration, mining was delineated from the background maps pictures, coordinates perpendicular VN2000 system, zone 60 projection. Map scale is defined as follows:

+ Area > 50km2 ratio is 1: 50 000;

+ ≤ 50 km2 area ratio 1: 10 000;

+ For the mining area map, scale not less than 1: 25 000. "

16. Procedures "for mineral exploration permit" (provincial) - B-003 095- TT-BTM

a) The composition profile

- Additional provisions as 01 the number of records, personal and project drawings are accompanied by 03 copies.

- Amend the provisions of the legal records of organizations and individuals as follows: a notarized copy or copy and attach for comparison or a copy certified by the agencies and organizations registration of licensing documents certifying the legal status for organizations applying for mining licenses are held in countries that are not institutions have been granted exploration permits or licenses for investment organization applying for mining permits are foreign organizations or joint ventures with foreign partners.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original and acknowledge the validity of documents.

b) The execution time of administrative procedures: Additional provisions of the consultation period the concerned agencies on issues relating to the licensing of mineral activities.

c) The fee: To annul regulations on payment of deposit or deposit equal to 25% of the estimated cost of early exploration (done 1 time) before issuing permits for mineral exploration.

d) On the application form, declaration form

- This name form is: "Application for mineral exploration."

- Remove the phrase "personal" at the top, left side of the form.

- Remove the phrase "survey" in the title map.

- Skip the supplements at the right corner of map.

- This stipulates: "The area of application for prospecting permit, exploration and mining shall be delineated on a topographic map coordinates perpendicular VN2000, a rate not less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and 1: 5000 for the mining area "to" form the map area permit exploration, mining was delineated from the background maps pictures, coordinates perpendicular VN2000 system, zone 60 projection. Map scale is defined as follows:

+ Area > 50km2 ratio is 1: 50 000;

+ ≤ 50 km2 area ratio 1: 10 000;

+ For the mining area map, scale not less than 1: 25 000. "

17. Procedures "mining licenses" (Central level) - B-001757-TT-BTM

a) The composition profile

- Additional provisions as 01 the number of records, individual map sheets three mining areas.

- Amend the provisions of the legal records of organizations and individuals as follows: a notarized copy or copy and attach for comparison or a copy certified by the agencies and organizations registration of licensing documents certifying the legal status for organizations applying for mining licenses are held in countries that are not institutions have been granted exploration permits or licenses for investment organization applying for mining permits are foreign organizations or joint ventures with foreign partners.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original copy and confirm the validity of documents.

b) The execution time of administrative procedures: Additional provisions of the consultation period the relevant bodies on matters relating to the licensing of mineral activities.

c) On the application form, declaration form

- This name form is: "The application for mining."

- To remove the phrase "personal" at the top, left side of the form.

- Remove the phrase "survey" in the title map.

- Skip the supplements in the right corner of the map.

- This stipulates: "The area of application for prospecting permit, exploration and mining shall be delineated on a topographic map coordinates perpendicular VN2000, a rate not less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and 1: 5000 for the mining area "to" form the map area permit exploration, mining is delineated from the background maps pictures, coordinates perpendicular VN2000 system, zone 60 projection. Map scale is defined as follows:

+ Area > 50km2 ratio is 1: 50 000;

+ ≤ 50th km2 area ratio 1: 10,000;

+ For the mining area map, scale not less than 1: 25 000. "

18. Procedures "mining licenses" (provincial) - B-003 171-TT-BTM

a) The composition profile

- Additional provisions specify the number of records is 01, individual map sheets three mining areas.

- Amend the provisions of the legal records of organizations and individuals as follows: a certified copy or copy and attach for comparison or a copy certified by the agencies and organizations registration of licensing documents certifying the legal status for organizations applying for mining licenses are held in countries that are not institutions have been granted exploration permits or licenses for investment organization applying for mining permits are foreign organizations or joint ventures with foreign partners.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original copy and confirm the validity of documents.

b) The execution time of administrative procedures: Additional provisions of the consultation period the concerned agencies on issues relating to the licensing of mineral activities.

c) On the application form, declaration form

- This name form is: "The application for mining."

- Remove the phrase "personal" at the top, left side of the form.

- Remove the phrase "survey" in the title map.

- Skip the supplements in the right corner of the map.

- This stipulates: "The area of application for prospecting permit, exploration and mining shall be delineated on a topographic map coordinates perpendicular VN2000, a rate not less than 1:100,000 for the survey area; 1: 10,000 for the exploration area and 1: 5000 for the mining area "to" form the map area permit exploration, mining was delineated from the background maps pictures, coordinates perpendicular VN2000 system, zone 60 projection. Map scale is defined as follows:

+ Area > 50km2 ratio is 1: 50 000;

+ ≤ 50 km2 area ratio 1: 10 000;

+ For the mining area map, scale not less than 1: 25 000. "

19. Procedures "mineral processing permit (central level) - B-002 516-TT-BTM

Annul this procedure.

20. Procedures "mineral processing permit (Provincial Level) - B-003 184- TT-BTM

Annul this procedures.

21. Procedures "License mineral exploitation" (Provincial Level) - B-003 268-TT-BTM

a) The composition profile

- Additional provisions as 01 the number of records, private mining map of the area is 3 sheets.

- Additional application form permits full exploitation of minerals.

- Amend the provisions of the legal records of organizations and individuals as follows: a notarized copy or copy and attach for comparison or a copy certified by the agencies and organizations registration of licensing documents certifying the legal status for organizations applying for mining licenses are held in countries that are not institutions have been granted exploration permits or licenses for investment organization applying for mining permits are foreign organizations or joint ventures with foreign partners.

Additional provisions of the dossier-receiving officials are responsible for testing and comparison with the original copy and confirm the validity of documents.

b) The execution time of administrative procedures: Additional provisions of the consultation period the concerned agencies on issues relating to the licensing of mineral activities.

22. Procedures "dossier evaluation, review and approval of mineral reserves in mineral exploration report" (provincial)-B-003 661-TT-BTM

Repeal regulations must be notarized state for exploration plan and copy of licenses for mineral exploration.

B. Responsibility for the implementation of the simplification plan

1. For measures to simplify administrative procedures relating to the amendment and supplement of laws and ordinances:

To Assign the Ministry of Natural Resources and Environment:

- To chair and coordinate with other related ministries and departments in issuing the draft of Law on amending, supplementing, superseding, abolishing or revoking the relevant provisions in:

+ Law No.52/2005/QH11 of 29 November 2005 on Environmental Protection;

+ Law 46/2005/QH11 of June 14, 2005 on Minerals to implement the simplification measures for administrative procedures stated in article 2, 13, 14, 19 and 20, Section A, Part VIII of the simplification plan attached here with this resolution, to be sent to the Ministry of Justice before November 30, 2010 for synthesis and to be submitted to the Government for consideration and decision

- To chair and coordinate with other related ministries and departments in issuing the draft of Decree amending, supplementing, superseding, abolishing or revoking the relevant provisions in:

+ Decree 80/2006/ND-CP of August 9, 2006 of the Government detailing and guiding the implementation of some articles of Law on Environmental Protection;

+ Decree No. 21/2008/ND-CP dated 28 May 2008 02 of the Government amending and supplementing some articles of Decree No. 80/2006/ND-CP of August 9, 2006 of the Government detailing and guiding the implementation of some articles of Law on Environmental Protection;

+ Decree No. 160/2005/ND-CP of December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing some articles of the Minerals Law to implement the simplification measures for administrative procedures stated in article 2, 13, 14, 19 and 20, Section A, Part VIII of the simplification plan attached here with this resolution, to be submitted to the Government for consideration and decision before 31 December 2010, enclosed with the draft of the Law to be submitted to the National Assembly

- Drafting Circular amending, supplementing, superseding, abolishing or revoking the relevant provisions in:

+ Circular No. 05/2008/TT-BTNMT of December 8, 2008 of the Ministry of Natural Resources and Environment guiding strategic environmental assessment, environmental impact and environmental protection commitments assessment;

+ Circular No. 01/2006/TT-BTNMT dated 23 May 2006 of the Ministry of Natural Resources and Environment guiding some articles of Decree No. 160/2005/ND-CP of December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing some articles of the Minerals Law to implement the simplification measures for administrative procedures stated in article 2, 13, 14, 19 and 20, Section A, Part VIII of the simplification plan attached here with this resolution, to be submitted to the Government for consideration and decision before 31 December 2010, enclosed with the draft of the Law to be submitted to the National Assembly

2. For measures to simplify administrative procedures not related to the amendment and supplement of laws and ordinances:

To Assign the Ministry of Natural Resources and Environment:

- To chair and coordinate with other related ministries and departments in issuing the draft of Decree amending, supplementing, superseding, abolishing or revoking the relevant provisions in:

+ Decree No. 181/2004/ND-CP of October 29, 2004 of the Government on the implementation of the Law on Land;

+ Decree 80/2006/ND-CP of August 9, 2006 of the Government detailing and guiding the implementation of some articles of Law on Environmental Protection;

+ Decree No. 21/2008/ND-CP dated 28 February 2008 of the Government amending and supplementing some articles of Decree No. 80/2006/ND-CP of August 9,

2006 of the Government detailing and guiding the implementation of some articles of Law on Environmental Protection;

+ Decree No. 149/2004/ND-CP of 27 July 2004 of the Government on licensing the exploration, exploitation and use of water resources, discharge of wastewater into water sources;

+ Decree No. 160/2005/ND-CP of December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing some articles of the Minerals Law to implement the simplification measures for administrative procedures stated in article 1, 4, 5, 9, 10, 11, 12, 15, 16, 17, 18, 21 and article 22, Section A, Part IX of the simplification plan attached here with this resolution, to be submitted to the Government for consideration and decision before July 31, 2010.

- Drafting Circular amending, supplementing, superseding, abolishing or revoking the relevant provisions in:

+ Circular No. 05/2008/TT-BTNMT of December 8, 2008 of Ministry of Natural Resources and Environment guiding on strategic environmental assessment, environmental impact and environmental protection commitments assessment;

+ Circular No. 12/2006/TT-BTNMT of December 26, 2006 of Ministry of Natural Resources and Environment guiding conditions for operating and procedures for documentation, registration and business practice licensing, code for quality control of hazardous waste;

+ Circular No. 02/2005/TT-BTNMT of June 24, 2005 of Ministry of Natural Resources and Environment guiding the implementation of Decree No. 149/2004/ND-CP of July 27, 2004 of the Government regulating the exploration, exploitation and use of water resources, and discharge of wastewater into water sources;

+ Circular No. 01/2006/TT-BTNMT dated 23 January 2006 of the Ministry of Natural Resources and Environment guiding some articles of Decree No. 160/2005/ND-CP of 27 December 2005 of the Government detailing and guiding the implementation of the Mineral Law and the Law amending and supplementing some articles of the Law on Minerals to implement the simplification measures for administrative procedures stated in article 3, 4, 5, 7, 8, 9, 10, 11.12, 15, 16, 17 and 18 Section A of Part IX of the simplification plan attached here with this resolution, to be issued before July 31 2010.

- To chair and coordinate with the Ministry of Industry and Commerce to issue a draft of joint circular amending the relevant provisions in Joint Circular No. 02/2007/TTLT-BCT-BTNMT of August 30, 2007 of the joint ministries between Ministry of Industry and Commerce, and Ministry of Natural Resources and Environment guiding the implementation of Article 43 of the Environmental Protection Law on standards and conditions for importing scrap to implement the simplification measures for administrative procedures stated in article 6 Section A of Part IX of the simplification plan attached here with this resolution, to be issued before July 31, 2010.

- To chair and coordinate with the Ministry of Finance issue a draft of circular to amend the relevant provisions in Circular No. 05/1998/TT-BTC dated 9 January 1998 of the Ministry of Finance guiding the payment of deposits or securities to implement the simplification measures for administrative procedures stated in article 15 and 16 Section A of Part IX of the simplification plan attached here with this resolution, to be issued before July 31, 2010.

X. APPROACHES OF SIMPLIFYING ADMINISTRATIVE PROCEDURES TARGETED FOR REVIEW UNDER THE JURISDICTION OF THE MINISTRY OF FINANCE

A. Specifics of simplifying approaches Customs:

1. Procedure “Issuance of customs priority card for companies” (B-BTC- 033596-TT)

This procedure shall be repealed.

2. Procedure “Issuance of customs agent card” (B-BTC-033532-TT)

This procedure shall be repealed and replaced by allowing customs clearance agencies to issue customs agent cards for their staff providing that they duly inform the customs authority of the list of card holders and provide annual updates for the staff. To tighten governance of customs clearance agencies, the Ministry of Finance shall provide more detailed regulations on card issuing requirements.

3. Procedure “Granting customs clearance certificate” (B-BTC-117145-TT)

- Complete details about where to file test applications, fees, when and how test results are made public in this procedure shall be provided.

- More detailed regulations on the composition of the application file for customs clearance certification shall be provided, whereby specifying which type of documents is required in the application file and how many copies are needed.

- The number of years of prior experience shall be added as one of the requirements for customs clearance certification and requirements stated in the Ministerial Circular shall also be reflected in the Government’s Decree.

- Decentralization of customs clearance certification shall be conducted in the following direction: the General Department designs the training curriculum, test questions, evaluates test results and sets qualifying benchmark scales; Departments deliver tests, and on behalf of the General Department, issue certificates and hold annual refresher and update courses based on the training curriculum developed by the General Department of Customs.

4. Procedure “Registration of customs clearance agencies” (B-BTC-117145-TT)

“Registration” shall be changed to “notification”. Accordingly, the Ministry of Finance shall clarify the following:

- Regulations on procedures and application file shall be amended, including documents evidencing qualification attached with the notice; in which a timeline and responsibility of replying to the notice by the customs authority shall be clearly stated.

- Once the customs clearance agencies have sufficiently prepared themselves to meet the requirements for customs agency activities, they shall only submit a notice to the customs authority using the notice form provided by the Ministry of Finance. Beyond the set timeline, if no response is heard from the customs office, the customs clearance agency shall be deemed allowed to operate.

- Verification of qualifications may be conducted immediately or after the customs clearance agency has been in operation.

- During the verifying process, should the customs office find that the customs clearance agency is not qualified for operation as required, the customs office shall issue a suspension decision for due correction. The number of allowed suspensions shall be specified, beyond which, the customs office shall terminate the subject agency’s operation and withdraw its business license.

5. Procedure “Customs clearance for export and import goods based on commercial contracts” (B-BTC-052407-TT)

- Provisions on “other required evidencing documents as specified by relevant laws and regulations” in point c3, paragraph 1, Article 11 of Circular 79/2009/TT-BTC dated April 20, 2009 shall be described in more details.

- A provision requiring companies to present bills of lading as part of the documents for import and export goods shall be added to Article 7, Decree 154/2005/ND-CP dated December 15, 2005 and paragraph 1, Article 11, Circular 79/2009/TT-BTC dated April 20, 2009.

- A provision specifying the composition of the application file shall be added to paragraph 2, Article 7, Decree 154/2005/ND-CP dated December 15, 2005, requiring customs declarants to present “quality, food safety, quarantine certificates” in case of import goods subject to national audit for quality, food safety and quarantine.

- A provision shall be added to Decree 154/2005/ND-CP dated December 15, 2005 and Circular 79/2009/TT-BTC dated April 20, 2009 allowing customs declarants to present “quality, food safety, quarantine certificates” in arrears in case the declarants have no way to acquire such documents immediately; also, the responsibilities of related parties (customs, company, quality control agency) shall be clarified in case:

+ The company in question fails to present the documents on due date.

+ The commodities are declared not good enough for importation by the related agencies.

- Different customs documents for exportation and importation shall be segregated, with priority given to export goods and strict control of import goods, particularly consumer goods and conditional import goods.

- An inter-connected mechanism shall be put in place between related ministries and agencies, including the development of draft regulations on inter-connected systems to be applied once the ‘one-stop shop’ linking 3-5 ministries and agencies takes shape (on a roadmap from now till 2012 under Vietnam’s ASEAN one-stop shop mechanism commitments).

6. Procedure “Customs for port-switching export goods” (B-BTC-046238-TT)

Regulations on what steps are include in the procedure, how the steps are taken, composition of application files, number of copies, timeline for customs clearance for export goods in transit shall be legalized.

7. Procedure “Customs for port-switching import goods” (B-BTC-122273-TT)

Simplifying measures similar to “Customs for port-switching export goods” (Procedure No. 6 above) shall apply.

8. Procedure “Customs for goods in transit” (B-BTC-123549-TT)

- The “bill of lading” shall be repealed from the documents.

- The quantity of documents to be filed specified in the ministerial Circular shall be legalized to fix the number of documents at “01 set”.

- A provision on the timeline for handling transit goods shall be added, which should not be the same as other normal export/import goods (as specified in Decree 154/2005/ND-CP dated December 15, 2005), to be specific:

+ No longer than 02 hours since receipt of the declaration form for applications filed at the border gate customs receiving the goods in transit (verification of the declaration, affixing seals, verifying status quo) and applications filed at the last border gate customs where goods in transit are taken to for exportation (checking seals and status, matching for exportation procedures);

+ In case the goods in transit must be physically checked: detailed provisions on what are subject to checking, procedure, approach, method of checking etc.

9. Procedure “Port-switching customs for goods transferred to CFS warehouse” (B-BTC-047069-TT)

The handling time shall be reduced to less than 08 hours.

10. Customs procedure for goods checking-in CFS warehouse - B-BTC- 046032-TT

The handling time shall be reduced to less than 08 hours.

11. Procedure “Registering outsourcing contracts with a foreign partner” (B- BTC-118438-TT)

- “Register” shall be changed to “notify”. Also, what to be notified and time to respond by the customs office following the applicant’s notice of the outsourcing contract shall be clarified, clearing stating that in case the customs office fails to reply within a set timeline, the applicant shall be automatically deemed authorized.

- The regulations requiring the applicants to declare the quantity and value of imported input materials as part of the application file when registering the outsourcing contract shall be abolished (to be replaced by the simplified “when notifying of the outsourcing contract”.)

- Information about “management capacity”, “production capacity”, “equipment and production line” required to be presented by companies engaging for the first time in outsourcing businesses as part of the application file shall be elaborated upon (Section II, Clause I, Circular 116/2008/TT-BTC dated December 4, 2008).

- Cases where physical facilities must be inspected shall be clarified.

- Regulations on the extent of inspection, basic information and materials to be provided by the applicants to the customs office in case inspection of manufacturing facilities specified in Decision 1179/QD-TCHQ dated June 17, 2009, is required. These regulations shall be specified and simplified by requiring applicants to provide only necessary information, based on which the customs office shall cross-check with a third party (for example, regarding the staff size, the customs office can check with the Department of Labor, Invalids, Social Affairs). Any materials or information that can not be cross-checked with a third party, the customs office shall require further evidence from the applicant for verification.

- A long-term approach: the Ministry of Finance needs to review and amend related provisions based on risk assessment, in which applicants are allowed to close outsourcing contracts on their own and notify the customs office which may conduct inspection randomly.

12. Procedure “Importation of input materials and supplies to do outsourcing for a foreign partner” (B-BTC-122069-TT)

In addition to simplification similar to the procedure “Customs for export and import goods under commercial contracts” (Procedure No. 5, section A, part X, Simplifying approaches attached to this Decree), the following simplifying measures shall also apply:

- The requirement for presentation of “original documents” shall be superseded with presentation of “signed and sealed documents” produced by the outsourcing employer notifying the outsourcing employee about receipt of shipment from a third party in case input materials and supplies are purchased by the outsourcing employer and consigned to deliver to the applicant by a third party (point 1.2, clause III, section II, Circular 116/2008/TT-BTC dated December 4, 2008). A provision holding the applicant responsible for the origin and validity of the documents shall be added.

- The following two requirements in relation to the process and conditions for importation of outsourcing input materials shall be omitted:

+ Completed products included in the imported input material shipment shall be attached with material consumption norms schedule for outsourcing products as specified in point 1.3b, clause III, Section II, Circular 116/2008/TT-BTC dated December 4, 2008.

+ Customs officers shall verify registered norms of the applicant for any outsourcing contracts with registered norms as specified in Section 2(I), Decision 1179/QD-TCHQ dated June 17, 2009.

- The handling time shall be reduced from 08 hours to 04 hours since receipt of the complete application file.

13. Procedure “Registering, adjusting and checking norms related to outsourced goods for a foreign party” (B-BTC-047940-TT)

- “Register” shall be changed to “notify”.

- What to notify and when shall be clarified to allow the applicant to have enough time to determine accurately the material consumption norms, to be specific:

+ Material consumption norms shall be notified within [a set amount of time] prior to the first export shipment of a particular product item listed in the norm schedule. Based on the value of the export shipment, the customs office shall set the amount of time within which the applicant shall inform of the norms. For example, for a shipment worth more than VND100 million, registration shall be made to the customs within 20 working days prior to the exportation of the goods; or for a shipment worth less than VND20 million, registration shall be made to the customs within 05 working days prior to the exportation of the goods.

+ The customs office is authorized to audit the applicant’s material norm notice any time before, during or after the exportation of the goods for which material consumption norms have been notified to the customs.

+ It is stated clearly that the customs may audit the norms for a specific goods item no longer than [a set amount of time].

+ Penalties and fines shall be increased in case norm-related frauds are found by the customs.

- The provision on norm adjustment shall be revised, specifying clearly what is allowed for adjustment, ruling out presentation of “explanation in writing” as sufficient for norm adjustment and restricting to the maximum norm modification. Norm adjustment should only be allowed prior to the shipment.

- In respect of composition of application files, only key documents signed, sealed by the applicant shall be required and notarized copies shall not be needed.

14. Procedure “Exportation of outsourced goods for a foreign party” (B- BTC-122103-TT)

- Similar to the procedure “Customs for export and import goods under a commercial contract” (Procedure No. 5 above);

- For a port-switching outsourced shipment, similar to the procedure “Customs for port-switching export good” (Procedure No. 6 above);

- Amendments shall be made to clarify when physical inspection is needed, what to inspect, timeline for inspection in part VII, section II, Circular 116/2008/TT-BTC dated December 4, 2008.

- Amendments shall be made to the fee schedule issued as attachment to Circular 43/2009/TT-BTC dated March 9, 2009, regarding service fees in the principle of justness, adequacy, disclosure and transparency.

- In terms of process, procedure, implementing approach and timeline, an approach similar to commercial goods should be adopted.

15. Procedure “Treatment of outsourcing contract with a foreign party” (B- BTC-118536-TT)

- Provisions of the procedure, how to process, composition of the application file, number of documents required shall be revised to provide clarity and details in clause XII, section II, Circular 116/2008/TT-BTC dated December 4, 2008.

- The regulation on the handling time for documents on treatment of outsourcing contracts shall be revised to cut down the processing time from 15 working days to 07 working days for traditional companies and those assessed to have low risk levels.

16. Procedure “Customs for temporarily imported goods for repairs and recycling, then re-exported”

- Similar to the procedure “Customs for export, import goods under commercial contracts” (Procedure No. 5 above);

- The provision on the steps of the procedure for some special commodities shall be revised, to be specific: for re-imported goods for recycling, the recycling duration shall not be longer than 30 days since clearing re-importation customs. In case extension is needed for recycling or looking for a new export market, an application shall be submitted to the provincial/municipal Customs Department head for such extension, which shall not exceed 30 days since the first expiry date.

- It is stated clearly that re-importation procedures shall be executed at the branch of the customs office clearing exportation of such goods. In case of goods returned to Vietnam through a different border gate, port-switching procedures to transfer the goods back to the original export clearing point shall be initiated.

17. Procedure “Sampling, storage of samples and photos of imported goods” (B-BTC-118200-TT)

Amendment to the composition of application file: a common sampling form shall be designed for multiple good items.

18. Procedure “Importation of materials and supplies for production of export goods” (B-BTC-121905-TT)

- Similar to the procedure “Customs for export, import goods under commercial contracts” (Procedure No. 5 above);

- Specific timeline for customs clearance for individual export and import goods items shall be set, with special attention to aquaculture products which often need quick clearance, no longer than 08 hours.

19. Procedure “Registering, adjusting, auditing input material and supply norms and registering export products” (B-BTC-040496-TT)

- “Register” shall be changed to “notify”.

- Details shall be specified on what to notify, when to notify to allow the applicant enough time to correctly determine material consumption norms, to be specific:

+ Material consumption norms shall be notified within [a set amount of time] prior to the first export shipment of a particular product item listed in the norm schedule. Based on the value of the export shipment, the customs office shall set the amount of time within which the applicant shall inform of the norms. For example, for a shipment worth more than VND100 million, registration shall be made to the customs within 20 working days prior to the exportation of the goods; or for a shipment worth less than VND20 million, registration shall be made to the customs within 05 working days prior to the exportation of the goods.

+ The customs office is authorized to audit the applicant’s material norm notice any time before, during or after the exportation of the goods for which material consumption norms have been notified to the customs.

+ It is stated clearly that the customs may audit the norms for a specific goods item no longer than [a set amount of time].

+ Penalties and fines shall be increased in case norm-related frauds are found by the customs.

- The provision on norm adjustment shall be revised, specifying clearly what is allowed for adjustment, ruling out presentation of “explanation in writing” as sufficient for norm adjustment and restricting to the maximum norm modification. Norm adjustment should only be allowed prior to the shipment.

20. Procedure “Treatment of declaration for imported input materials for production of export good” (B-BTC-040895-TT)

- A provision on steps of the procedure and handling timeline shall be added to Article 117, Circular 79/2009/TT-BTC dated April 20, 2009.

- Amendment shall be made to the provision on the order of treatment of the declaration favoring legitimate declarations.

21. Procedure “Customs for entry of foreign automobiles (temporarily imported) for commercial purposes" (B-BTC-120694-TT)

- Point d, paragraph 1, Article 75, Circular 79/2009/TT-BTC dated April 20, 2009 and point a, paragraph 2, Article 45, Decree 154/2005/ND-CP dated December 15, 2005 shall be revised as: “Road transportation license under the provisions of an international treaty or agreement of road transportation signed by Vietnam ... in the region”.

- Form HQVN/2009/01-PTVT (superseding form HQVN/2006/01-PTVT) shall be legalized in the ministerial Circular.

- The provision on application of information technology in customer clearance in paragraph 2, Article 45, Decree 154/2005/ND-CP dated December 15, 2005 shall be revised as described below:

+ The requirement that vehicle operators fill out the declaration form for the vehicle and present themselves to submit the form to the customs shall be replaced by presentation of the documents pertaining to the vehicle to the customs office, then customs officers verifying and inputting data into a computer system and printing out the declaration form for the vehicle (data generated from a vehicle-specific software system).

+ For vehicles that have been granted inter-passage licenses, the printing shall not be needed (the customs shall certify clearance on the inter-passage license, which is proof that the vehicle has been customs cleared).

+ Customs files for transportation means shall be maintained in the vehicle- specific database.

22. Procedure “Customs for other temporarily imported – re-exported, temporarily exported – re-imported, non-commercial means of transport (motorcycles, boats, motored or non-motored dinghies, canoes)" (B-BTC-120708- TT)

- A provision authorizing the Ministry of Transport to license and provide guidelines on licensing cross-border means of transportation for other vehicles, including waterway vehicles shall be added, based on international treaties and agreements that Vietnam signed with other countries as the fundamentals for development of separate customs procedures and declaration forms for these means of transportation.

- The composition of application file specified in Article 80, Circular 79/2009/TT-BTC dated April 20, 2009, shall be replaced with the following papers:

+ Permit of authorized agencies (except for temporarily imported vehicles circulating around the border gate area);

+ Vehicle registration (if any);

+ Export, import goods declaration form (in case export, import goods are involved);

+ Declaration of luggage of the vehicle operator, those working on the vehicle and passengers (if any).

- Form HQVN/2009/01-PTVT.

23. Procedure “Separate regulations for vehicles of individuals or entities stationed in border areas which regularly cross the border and not for commercial purposes” (B-BTC-120711-TT)

Amendment shall be made to allow extension of stay in a cross-border area no longer than 02 days, with decision making vested on the head of the customs office branch on a case-by-case basis.

24. Procedure “Employment of inspection and control of export, import goods related to intellectual property at customs office branches" (B-BTC-047936- TT)

- The requirement on “non-notarized copies” shall be clarified for documents evidencing ownership as part of the application file, providing that the original is presented for matching.

- It is specifically stated that the number of documents required is “01 set”.

- The handling time shall be reduced from “30 days” to “20 days” since receipt by the customs of the application. An implementing circular shall be enacted to annul Decision 916/2008/QD-TCHQ dated March 31, 2008.

- Vietnamese – English languages shall be added to the form “Request for employment of inspection and control of export and import goods related to intellectual property”.

25. Procedure “Suspension of customs clearance for imported goods related to intellectual property at customs office branches" (B-BTC-047928-TT)

- Regarding the composition of application file:

+ Clear regulations shall be given to individual cases of: long-term suspension request and case-by-case suspension request, in Decision 916/2008/TCHQ, dated March 31, 2008.

+ It shall be clearly stated that “non-notarized copies” are required for documents evidencing ownership as part of the application file (provided for in Article 203, Law on Intellectual Property No. 50/2005/QH11, dated November 29, 2005 and Article 48, Decree 154/2005/ND-CP dated December 15, 2005), with the original presented for matching.

+ It is specifically stated that the number of documents required is “01 set”.

- Regarding handling timeline:

+ It shall be clearly stated that the processing timeline for long-term suspension requests is “20 days since receipt of the request” in Article 36, Decree 105/2006/ND-CP dated September 22, 2006 and Article 5, Decision 916/2008/TCHQ, dated March 31, 2008.

+ The processing time shall be reduced from “30 days” to “20 days” for long-term suspension requests in Article 49, Decree 154/2005/ND-CP dated December 15, 2005; Article 36, Decree 105/2006/ND-CP dated September 22, 2006 and Article 5, Decision 916/2008/TCHQ, dated March 31, 2008.

- Form 03/SHTT shall be designed in both Vietnamese – English languages and legalized in the ministerial circular.

26. Procedure “Liquidation of commodities in bonded warehouse” (B-BTC- 046521-TT)

- A provision on the number of application documents shall be added.

- More detailed provisions shall be added in terms of handling timeline and frequency of treatment of remaining goods in bonded warehouses applicable to the customs office and punitive measures in case the responsible entities fail to comply, to be specific:

+ Handling timeline: detailed length of time needs to be defined for customs officers to finish such job items as stock-taking, classification of remaining goods; quality evaluation; goods pricing; importing procedure (if needed); re-exporting procedure for goods subject to importation ban (if possible);

The maximum handling time shall not exceed 30 days.

+ Treatment frequency: once in three months, each time no longer than 30 days since receipt of the complete application, the customs office shall finalize treatment of liquidation of remaining goods in bonded warehouses for individuals and entities.

- The provision of allocation of turnover from liquidation of remaining goods shall be revised to adopt a more reasonable priority order. Tax costs incurred need to be accounted for first, then other costs incurred by bonded warehouse proprietor, followed by expenses for organization of the liquidation and finally, allowances for the liquidation board (since this is the board’s job). The order of priority needs to be rearranged as: 2.3, 2.4, 2.5, 2.1 and 2.2 in clause 2, section III, Circular 36/2003/TT-BTC April 16, 2003.

27. Customs declaration form for companies in EPZ (with names included in the ministry’s list; customs procedure for export and import goods applicable to export – processing companies) (B-BTC-046054-TT)

This administrative procedure shall be divided into different customs procedures for the following three goods categories:

- Commercial export, import goods (Part I, Chapter II, Articles 6-29, Circular 79/2009/TT-BTC dated April 20, 2009).

- Outsourced goods for foreign parties.

- Locally export/import goods.

28. Inspection, consultation, determination of dutiable value for export, import goods at customs office branches (B-BTC-050124-TT)

- A provision stating the number of application files to be submitted being “01 set” shall be added.

- The Ministry of Finance shall fix the timeline for processing administrative procedures at “... days”.

29. Registration for electronic customs clearance (B-BTC-050657-TT)

- A provision specifying how companies are allowed to file application for electronic customs clearance via e-mails shall be added in Article 6, Circular 222/2009/TT-BTC dated November 25, 2009.

- The initial account accessible time shall be reduced from 03 working days to 08 working hours since receipt of the application for electronic customs clearance.

- The provision on the number of application documents in Article 6, Circular 222/2009/TT-BTC dated November 25, 2009, shall be legalized.

- A Vietnamese – English bilingual form for electronic customs clearance shall be designed based on Form 1, Attachment II of Circular 222/2009/TT-BTC dated November 25, 2009.

30. Procedure “Electronic customs clearance for export, import goods under sales, purchase contracts” (B-BTC-052407-TT)

- Further details shall be added to the provision on “other required documents under relevant laws” in points 2.5n and 1.3dd, Article 11, Circular 222/2009/TT-BTC dated November 25, 2009.

- A provision requiring applicants to present “bills of lading” as part of the document set for export, import goods shall be added to Article 7, Decree 154/2005/ND-CP dated December 15, 2005.

- A provision shall be added to Article 11, Circular 222/2009/TT-BTC dated November 25, 2009, on computerization of required documents under the provisions of points e7 through e13, paragraph 2, Article 11, Circular 79/7009/TT-BTC dated April 20, 2009 (goods eligible for tax exemption; certificate of non-refundable aid; goods being animal breeds or plant varieties not subject to value added tax; some other goods items not subject to value added tax; goods directly used for national defense purposes).

- A provision requiring customs declarants to present “quality, food safety, quarantine certificates” for imported goods subject to national quality, food safety and quarantine control as part of the application documents shall be added to Article 7, Decree 154/2005/ND-CP dated December 15, 2005 and Article 11, Circular 222/2009/TT-BTC dated November 25, 2009.

- A provision to allow customs declarants to submit “quality, food safety, quarantine certificates” in arrears in case they have no way to acquire such documents immediately shall be added to Decree 154/2005/ND-CP dated December 15, 2005; also, a clear definition of responsibilities among related parties (customs, applicant, quality control agency) shall be provided in cases: (1) the applicants fail to file the required documents on due date; (2) the related entities declare that the goods in question do not qualify for importation, in Decree 154/2005/ND-CP dated December 15, 2005 and Circular 222/2009/TT-BTC dated November 25, 2009.

- A provision setting the timeline for completion of administrative procedures since complete provision of documents and application forms as required by customs declarants (in the principle of reducing procedure processing time and meeting the set targets for electronic customs clearance) shall be added to Circular 222/2009/TT-BTC dated November 25, 2009.

- An interconnected system shall be established between related ministries and agencies by developing draft regulations on the interlinked system that will be applied when Vietnam finalizes the development of a national ‘one-stop shop’ mechanism connecting 3-5 ministries and agencies (in a roadmap from present to 2012 under Vietnam’s commitments in participating in ASEAN’s ‘one-stop shop’ system).

31. Procedure “Electronic customs for importation of outsourcing input materials and supplies” (B-BTC-052439-TT)

- For the importation of individual shipments of outsourcing input materials and supplies provided by the outsourcing employer from overseas, applicable simplification measures shall be similar to the procedure “Electronic customs clearance for export, import goods under sales, purchase contracts” (Number 31, section A, part X, Simplification Plan attached to this Resolution).

- For port-switching shipments of outsourcing input materials and supplies, applicable simplification measures shall be similar to the procedure “Customs for port- switching importation” (Number 7, section A, part X, Simplification Plan attached to this Resolution).

- For locally exported, imported outsourcing input materials and supplies provided by the employer, applicable simplification measures shall be similar to the procedure “Electronic customs clearance for locally exported/imported outsourced products” (Number 35, section A, part X, Simplification Plan attached to this Resolution).

32. Procedure “Electronic customs for registration, adjustment and audit of consumption norms” (B-BTC-050697-TT)

Applicable simplification measures shall be similar to the procedure “Registration, adjustment and audit of norms for commodities outsourced by a foreign party” (Number 13, section A, part X, Simplification Plan attached to this Resolution).

33. Procedure “Electronic customs clearance for treatment of outsourcing contracts with a foreign party” (B-BTC-052885-TT)

- Amendments shall be made to the provision on steps in the procedure and more details are to be added to the steps in part XII, section I, Attachment I, Decision 52/2007/QD-BTC dated June 22, 2007.

- The handling timeline shall be clarified in part XII, section I, Attachment I, Decision 52/2007/QD-BTC dated June 22, 2007.

34. Procedure “Electronic customs clearance in local exportation/importation of outsourced products” (B-BTC-051037-TT)

- Details shall be provided on “other required documents for exported, imported goods (except for the bill of lading)” in paragraph 4, Article 71, Circular 222/2009/TT-BTC dated November 25, 2009 (superseding Number 4, clause II, Decision 52/2007/QD-BTC dated June 22, 2007).

- Requirements for local exportation and importation of outsourced products in point a, paragraph 3, Article 33, Decree 12/2006/ND-CP dated January 23, 2006 of the Government shall be repealed.

35. Procedure “Electronic customs clearance for delivery/receipt of outsourced products in transition” (B-BTC-050627-TT)

A provision on the handling timeline of the procedure since complete filing of the application and declaration form by the customs declarant with a view to cutting processing time and meeting the set targets for electronic customs clearance shall be added, as more details are to be defined in case extension of processing time is needed (Circular 222/2009/TT-BTC dated November 25, 2009).

36. Procedure “Electronic customs clearance for exported outsourced products that are returned for repairs and recycling (importation of returned goods)” (B-BTC-052462-TT)

Additional provisions on the timeline for physical checking on a case-by-case basis shall be defined, in which, possible extension of checking time shall be clarified but not exceeding 08 working hours. Extension of checking time shall immediately follow the official timeline, even in after hours, to be specific:

- In case returned exported goods remain unopened and intact and the customs declarant have presented the export documents which is checked by the customs, physical inspection of the goods may be reduced to no longer than 01 working day.

- For remaining cases, depending on the actual situation, the customs office may decide to extend the checking time but no longer than 08 working hours. Extension of checking time shall immediately follow the official timeline, even in after hours.

37. Procedure “Electronic customs clearance for self-furnished materials and supplies for production of export goods” (B-BTC-050464-TT)

- Applicable simplification measures shall be similar to the procedure “Electronic customs clearance for export, import goods under sales, purchase contracts” (Procedure No. 5, section A, part X, Simplification Plan attached to this Resolution).

Particularly for port-switching imported materials and supplies, applicable simplification measures shall be similar to the procedure “Electronic customs clearance for port-switching imported goods” (Procedure No. 7, section A, part X, Simplification Plan attached to this Resolution).

- A provision on the steps of the procedure, composition of the file and handling timeline for this procedure shall be added.

38. Procedure “Electronic customs for exportation (production for exportation)” (B-BTC-050641-TT)

Applicable simplification measures shall be similar to the procedure “Electronic customs clearance for export, import goods under sales and purchase contracts” (Procedure No. 5, section A, part X, Simplification Plan attached to this Resolution).

39. Procedure “Electronic customs clearance for re-exported goods” (B-BTC- 050498-TT)

Applicable simplification measures shall be similar to the procedure “Electronic customs clearance for export, import goods under sales and purchase contracts” (Procedure No. 5, section A, part X, Simplification Plan attached to this Resolution).

40. Procedure “Electronic customs clearance for imported goods that have to be re-exported” (B-BTC-052897-TT)

Applicable simplification measures shall be similar to the procedure “Electronic customs clearance for export, import goods under sales and purchase contracts” (Procedure No. 5, section A, part X, Simplification Plan attached to this Resolution).

41. Procedure “Electronic customs for destruction of damaged goods and waste materials” (B-BTC-052486-TT)

- Handling timeline shall be clarified: After [specific amount of time] since the applicant’s complete filing of the application for destruction of the goods, the customs office shall reply in writing and send its staff over for monitoring and cooperation with the applicant in the destruction process.

- The valid period of the procedure shall be clarified: no longer than 48 hours since agreement and appointment of monitors by the customs office, the applicant shall start the destruction process.

- Additions shall be made to the provision on an inter-connected system: the applicant files their application for destruction as required to the Department of Natural Resources and Environment; if it agrees, the Department shall forward such agreement in writing to the electronic customs unit for this agency to start the procedure for the destruction.

 

Taxation

1. Procedures1:

- "First-time purchase of invoices for a business entity (Department and Department branch levels)" (B-BTC-044121-TT & B-BTC-081444-TT)

- "Subsequent purchases of invoices for a business entity (Department and Department branch levels)" (B-BTC-115145-TT & B-BTC-081452-TT)

- "Registration of self-designed invoices" (B-BTC-044146-TT)

- "Registration for circulation of self-designed invoices (Department and Department branch levels)" (B-BTC-081458-TT & B-BTC-044156-TT)

- Coverage of allowed users of self-issued invoices shall be expanded based on the criteria defined by the Ministry of Finance. Applicable entities and individuals must on their own efforts prepare needed conditions for printing self-designed invoices prior to starting their business operation and be responsible for the comprehensive management of their own invoices in their business undertaking. Purchase of value added invoices issued by the Ministry of Finance shall only be applicable to start-up entities and small- sized entities and businesses that are incapable of printing their own invoices.

- The Ministry of Finance shall define what compulsory information is required on the self-designed invoices (including invoices that individuals or entities print out using desktop printers, invoices that individuals or entities have printed and electronic invoices) used for matching the tax registered by the buyer and seller. These compulsory information includes: the title of the invoice being clearly written as “VAT Invoice”; name and tax code of the seller; name and tax code of the buyer; invoice serial number (in continuous sequence); name and address of the buyer; invoice issuing date; description of goods and services; quantity of goods and services sold; unit price of goods and services; pre-tax total amount; the payable value added amount; and the total payable amount. Accordingly, the invoice serial number and tax code of the invoice issuing party shall also be compulsory information in the regular tax turnover filing that individuals and entities submit to the tax office.

- The procedure “Registering self-designed invoices” shall be replaced by the procedure “Notifying self-designed invoices”, meaning that whenever a new self- designed invoice is printed, the entity in question shall only need to inform the tax office rather than obtaining the acceptance of the tax office. The Ministry of Finance shall define in details what needs to be informed (serial number of the invoice to be printed and an attached sample) and notifying timeline on a case-by-case basis: (i) for start-up entities and individuals: within [a fixed amount of time] after a tax code has been granted; (ii) for entities or individuals currently using invoices issued by the Ministry of Finance wishing to switch to self-made or ordered invoices: within [a fixed amount of time] prior to the tax filing period when the self-made or ordered invoices will be used; (iii) in case of changes to the contents of self-made invoices: within [a fixed amount of time] prior to putting the self-made invoices with the changes into use. Within a set amount of time after the individual or entity files the notice of the self- made invoice to the tax office, if no reply is heard from the tax office, the individual or entity shall be deemed allowed to have their self-made invoice circulated.

- The tax code of the invoice issuing party shall be a compulsory information item in regular tax statements of individuals or entities.

- In case of business entities wishing to voluntarily purchase invoices, the procedure shall be simplified by trimming the following components of the application file:

+ Application letter for invoice purchase

+ A copy of Tax registration certificate

+ A map of the business facility

+ Invoice usage report (in the procedure of subsequent purchases of invoice)

- The handling time shall be cut down to within the working day.

5. Procedure “Declaration of VAT using the deduction approach (Department and Department branch level)"

- Target groups shall be classified to define the frequency of VAT declaration, considering:

+ Small and medium sized enterprises to declare VAT once in three months;

+ Larger enterprises to declare VAT once a month.

- The Ministry of Finance shall review approaches to alleviate adverse effects on the budget revenue where autonomy in income – expenditure has not been in place, taking into account one of the following two alternatives:

+ Take early and anticipated action in allocating budget to the municipalities;

+ Apply a lower classifying threshold than the national average level.

6. Tax paying procedure (Department and Department branch levels)

How the tax paying procedure shall be implemented shall be changed towards extension of the list of banks involved in the tax collection and payment information system, including commercial shareholding banks.

7. Procedure “VAT refund for exportation paid in cash (refund first, check later)" (B-BTC-044765-TT)

- Amendments shall be made to sub-law legislations on the steps of the procedure with a view to publicly disclosing risk assessment criteria to allow companies to know whether they are eligible for “refund first, check later” or “check first, refund later” when applying for tax refund. More punitive actions shall apply for tax elusion and fraud.

- The provision on composition of application file for individual cases of “refund first, check later” and “check first, refund later” shall be segregated. The provision on composition of application file for “refund first, check later” should only include the application letter for tax refund and a summary of the tax amount requested for refund in line with the criteria set by the tax office.

- The following three types of documents shall be omitted from the composition of the application file for tax refund applicable to “refund first, check later”:

+ Tax payment voucher

+ Other documents related to tax refund vouchers

+ A list of documents signed and sealed by the applicant.

Documents and papers evidencing the refundable tax mentioned above must be maintained by the company at its principal office and presented when requested by the tax office.

- The number of the application file shall be clearly stated as 01 set.

- The handling time for “refund first, check later” shall be reduced from 15 working days to 06 working days.

- Tax branch units shall be given the decision-making authority for tax refunding.

- The form “Tax/fee refund request – Form 01/HTBT” shall be retracted from the application or declaration forms.

- Information about chapter code, industry code, accounting code in section 2.1, Form No. 05/ĐNHT, specified in Circular 128/2008/TT-BTC shall be repealed.

8. Procedure “VAT refund for exportation paid in cash (check first, refund later)” (B-BTC-113032-TT)

- Provisions on the composition of the application file for individual cases of “check first, refund later” and “refund first, check later” shall be segregated.

- The “Checklist of documents signed and sealed by the applicant” shall be expunged from the composition of the application file for “check first, refund later”. Amendments shall be made to the provisions toward requiring the company to maintain this checklist at its principal office for presentation upon request by the tax office.

- “Tax payment voucher” shall be added in Circular 60/2007/TT-BTC dated June 14, 2007.

- The number of application to be submitted shall be fixed at “01 set”.

- The handling time for “check first, refund later” shall be cut down from 60 days to 40 days since receipt of the complete application file as required.

- Tax branch units shall be given the decision-making authority in tax refunding.

- The form “Tax/fee refund request – Form 01/HTBT” shall be retracted.

- Information about chapter code, industry code, accounting code in section 2.1, Form No. 05/ĐNHT, specified in Circular 128/2008/TT-BTC shall be repealed.

9. Procedure “VAT refund for incomplete deduction and input taxes in three consecutive months or those in the preliminary stage of investment without incurred output VAT tax (refund first, check later)" (B-BTC-044763 TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (refund first, check later)” – Procedure No. 7, section A, part X, Simplification Plan attached to this Resolution.

10 .Procedure “VAT refund for incomplete deduction and input taxes in three consecutive months or those in the preliminary stage of investment without incurred output VAT tax (check first, refund later)" (B-BTC-112995-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (check first, refund later)” – Procedure No. 8, section A, part X, Simplification Plan attached to this Resolution.

11. Procedure “VAT refund for exportation paid in cash (refund first, check later) " (B-BTC-076914-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (refund first, check later)” – Procedure No. 7, section A, part X, Simplification Plan attached to this Resolution.

12. Procedure “VAT refund for exportation paid in cash (check first, refund later)” (B-BTC-077052-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (check first, refund later)” – Procedure No. 8, section A, part X, Simplification Plan attached to this Resolution.

13. Procedure “VAT refund for local exportation (refund first, check later)" (B-BTC-044031-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (refund first, check later)” – Procedure No. 7, section A, part X, Simplification Plan attached to this Resolution.

14. Procedure “VAT refund for local exportation (check first, refund later)" (B-BTC- 113067-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (check first, refund later)” – Procedure No. 8, section A, part X, Simplification Plan attached to this Resolution.

15. Procedure “VAT refund for outsourced goods in transition (refund first, check later)" (B-BTC-044036-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (refund first, check later)” – Procedure No. 7, section A, part X, Simplification Plan attached to this Resolution.

16. Procedure “VAT refund for outsourced goods in transition (check first, refund later)" (B-BTC-112346-TT)

Applicable simplification measures and implementing recommendations shall be similar to the procedure “VAT refund for exportation paid in cash (check first, refund later)” – Procedure No. 8, section A, part X, Simplification Plan attached to this Resolution.

17. Procedure “Requesting tax refund in alignment with the Doubling Taxation Avoidance Agreement"

- Modification shall be made to the requirement of translation: in case a contract or document in a foreign language has multiple parts, only parts/clauses pertaining to tax treatment and any other contents required by the tax office (if applicable) shall need to be translated, with the original text attached. The tax office must not require that the tax payer translate the entire contract into Vietnamese language. The tax payer is responsible for the translations. Clarification shall be made to cases where consulate legalization is required. The requirement for notarization and validation of the documents to be submitted by the tax payer shall be repealed.

- Provisions of Circular 60/2007/TT-BTC dated June 14, 2007 and Circular 133/2004/TT-BTC dated December 31, 2004 shall be aligned.

- A provision on the form and procedure for requesting exemption of income tax for income generated from capital transfer under the Double taxation avoidance agreement shall be added, as well as the form and procedure for requesting verification of the paid taxes or any taxes that should have been paid in Vietnam if not for tax exemption and reduction schemes under the existing Vietnamese laws on taxation and investment incentives to allow foreign investors to deduct such amount in the tax amount they must pay in a foreign country (addition to Circular 60/2007/TT-BTC dated June 14, 2007 of the Ministry of Finance).

18. Procedure “First-time tax registration for individuals with income from salary, wages , revenue from invested capital (including securities transfer) and individuals with other taxable income – in case of payment made to the tax office" (B-BTC-044694-TT )

19. Procedure “First-time tax registration for individuals with income from s alary, wages , revenue from invested capital (including securities transfer) and individuals with other taxable income – in case of payment made through the entity paying such income" (Tax Department in charge of the income paying entity)" (B-B TC-112086-TT )

- Regarding the composition of application file, it shall be clearly stated as: “non- notarized copies” for personal valid ID or passports.

- Regarding the number of documents required, it shall be clearly stated as 01 set of the application file.

- The handling time shall be cut down to no longer than 03 working days for applications of direct tax payment at Tax Departments and 05 working days for applications of direct tax payment in Tax Department branches, since receipt of the full tax registration files.

- Return of outcome by post shall be added with clear indication of the handling time being within 02 working days since receipt of the full tax registration file starting from the date the file is received (not including the time needed for amendment and modification to the file due to insufficient filing by the tax payer).

- Information about passport, ID shall be incorporated into one single item (combination of points 05 and 06 in Form 01/ĐK-TNCN attached to Circular 84/2008/TT-BTC).

20. Procedure “First-time tax registration for tax payers being affiliated units to business entities except for cooperatives and syndicates (with the exclusion of transaction through the inter-connected ‘one-stop shop’) at the Administration level tax management agency” (B-BTC-075924-TT)

- Regarding the composition of application file, it shall be clearly stated as: “non- notarized copies” for “Business certificates or foreign investment certificates in Vietnam”.

- Regarding the number of documents required, it shall be clearly stated as 01 set of the application file.

- The handling time shall be cut down to no longer than 03 working days for applications of direct tax payment at Tax Departments since receipt of the full tax registration files.

- Return of outcome by post shall be added with clear indication of the handling time being within 02 working days since receipt of the full tax registration file starting from the date the file is received (not including the time needed for amendment and modification to the file due to insufficient filing by the tax payer).

B. Responsibility of implementing the simplification plan

1. For administrative procedure simplifying measures related to revision of laws and by-laws

a) The Ministry of Finance shall be authorized for

- As the lead agency, coordinate related ministries and agencies in drafting the revised law and amendments of relevant regulations in the Tax Governance Law of 2006 for the purposes of administrative procedure simplification specified in Numbers 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 regarding taxation, section A, part X, Simplification Plan attached to this Resolution, expected to be complete by November 30, 2010 to be submitted to the Ministry of Justice for compilation and submission to the Government for review and decision-making on whether to propose the draft law.

- As the lead agency, coordinate related ministries and agencies in drafting decrees amending relevant regulations for:

+ Decree 154/2005/ND-CP dated December 15, 2005 providing implementing details for selected Articles of the Customs Law related to customs procedures, inspection and oversight;

+ Decree 85/2007/ND-CP dated May 25, 2007 providing implementing details for selected Articles of the Tax Governance Law; for the purposes of implementing administrative procedures simplification indicated in Numbers 24, 25 pertaining to customs and Numbers 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 pertaining to taxation, section A, part X, Simplification Plan attached to this Resolution, by December 31, 2010 for submission to the Government for review and decision-making on whether the decree amendments should be attached to the draft laws proposed to the National Assembly.

- Drafting circulars amending and superseding the regulations in:

+ Decision 916/2008/QD-TCHQ dated March 31, 2008 on enactment of the Regulations on receiving requests for control of export, import goods related to intellectual property;

+ Circular 60/2007/TT-BTC dated June 14, 2007 providing implementing guidelines for selected Articles of the Tax Governance Law and implementing guidelines for Decree 85/2007/ND-CP dated May 25, 2007 of the Government, providing implementing details on selected Articles of the Tax Governance Law; for the purposes of implementing administrative procedures simplification indicated in Numbers 24, 25 pertaining to customs and Numbers 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 pertaining to taxation, section A, part X, Simplification Plan attached to this Resolution, by December 31, 2010 for submission to the Government for review and decision-making on whether the decree amendments should be attached to the draft laws proposed to the National Assembly.

b) The Ministry of Science and Technology shall be authorized for

- As the lead agency, coordinate with the Ministry of Finance and related ministries and agencies in drafting revised law and amendments of relevant regulations in the Intellectual Property Law of 2005 for the purposes of administrative procedure simplification specified in Numbers 24, 25 pertaining to customs, section A, part X, Simplification Plan attached to this Resolution, expected to be complete by December 31, 2010 to be submitted to the Ministry of Justice for compilation and submission to the Government for review and decision-making on whether to propose the draft law.

- As the lead agency, coordinate with the Ministry of Finance and related ministries and agencies in drafting the revised decree for relevant provisions in Decree 105/2006/ND-CP dated September 22, 2006, providing implementing details of selected Articles of the Intellectual Property Law regarding protection of intellectual property rights and state governance of intellectual property for the purposes of administrative procedure simplification specified in Numbers 24, 25 pertaining to customs, section A, part X, Simplification Plan attached to this Resolution, by December 31, 2010 to be submitted to the Government for review and decision-making on whether to attach such revised draft legislations with the draft law submitted to the National Assembly.

2. For administrative procedure simplifying measures not related to modification of laws and by-laws

The Ministry of Finance shall

- As the lead agency, coordinate with the Ministry of Transport and related ministries and agencies in drafting the Decrees revising related provisions in:

+ Decree 79/2005/ND-CP dated June 16, 2005, setting requirements for registration and operation of customs clearing agencies;

+ Decree 154/2005/ND-CP dated December 15, 2005, providing implementing details for selected Articles of the Customs Law regarding customs procedures, inspection and oversight;

+ Decree 12/2006/ND-CP dated January 23, 2006 of the Government providing implementing details for the Commerce Law in relation to sales and purchase of international commodities and acting as agents in purchase, sales, outsourcing and transit of goods with a foreign country;

+ Decree 89/2002/ND-CP dated November 7, 2002, on printing, issuing, using and managing invoices and Decree 85/2007/ND-CP dated May 25, 2007, providing implementing details for selected Articles of the Tax Governance Law; for the purposes of implementing administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5, 8, 14, 16, 18, 21, 22, 30, 31, 34, 37, 39, 40, 41 pertaining to customs; and Numbers 1, 5 pertaining to taxation, section A, part X, Simplification Plan attached to this Resolution, for submission to the Government by July 31, 2010.

- Drafting circulars amending and superseding the regulations in:

+ Circular 73/2005/TT-BTC dated September 5, 2005, providing implementing guidelines for selected Articles of Decree 79/2005/ND-CP dated June 16, 2005 of the Government, on the requirements for registration and operation of customs clearing agencies;

+ Circular 79/2009/TT-BTC dated April 20, 2009, guiding customs procedures, inspection and oversight, export and import duties and taxation governance for export and import goods;

+ Circular 222/2009/TT-BTC dated November 25, 2009 guiding pilot electronic customs clearance; Circular 116/2008/TT-BTC dated December 4, 2008 guiding customs procedures for outsourced goods with a foreign party;

+ Circular 43/2009/TT-BTC dated March 9, 2009, providing fee levels, collection, payment, management and usage of service fees in relation to customs;

+ Circular 36/2003/TT-BTC dated April 16, 2003, guiding treatment of remaining goods in bonded warehouses;

+ Circular 40/2008/TT-BTC dated May 21, 2008, guiding Decree 40/2007/ND-CP dated March 16, 2007 of the Government in relation to determination of customs value for export and import goods;

+ Circular 120/2002/TT-BTC dated December 30, 2002, providing implementing guidelines for Decree 89/2002/ND-CP dated November 7, 2002 of the Government in relation to printing, issuing, using and managing invoices;

+ Circular 99/2003/TT-BTC dated October 23, 2003, amending Circular 120/2002/TT-BTC dated December 30, 2002, providing implementing guidelines to Decree 89/2002/ND-CP dated November 7, 2002 of the Government in relation to printing, issuing, using and managing invoices;

+ Circular 60/2007/TT-BTC dated June 14, 2007, providing implementing guidelines on selected Articles of the Tax Governance Law and Decree 85/2007/ND-CP dated May 25, 2007 of the Government, providing implementing guidelines for selected Articles of the Tax Governance Law;

+ Circular 84/2008/TT-BTC dated September 30, 2008 providing implementing guidelines for selected Articles of the Personal Income Tax law and Decree 100/2008/ND-CP dated September 8, 2008 of the Government, providing details for selected Articles of the Personal Income Tax Law;

+ Circular 85/2007/TT-BTC dated July 18, 2007 guiding the Tax Governance Law in relation to tax registration;

+ Decision 1458/QD-TCHQ dated July 27, 2009 of the Customs General Department on the issuance of the customs management procedure for port-switching export, import goods;

+ Decision 1179/QD-TCHQ dated June 17, 2009 of the Customs General Department on the issuance of the customs management procedure for outsourced goods for a foreign party;

for the purposes of implementing administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41 pertaining to customs and Numbers 1, 17, 18, 19, 20 pertaining to taxation, section A, part X, Simplification Plan attached to this Resolution. The enactment deadline is July 31, 2010.

3. For administrative procedure simplifying measures of other ministries and agencies containing amendments on service fees

The Ministry of Transport shall

- As the lead agency, coordinate with the Ministry of Construction in drafting the Ordinance amending, superseding or repealing relevant regulations in Ordinance 38/2001/PL-UBTVQH10 dated August 28, 2001, on service fees for the purposes of implementing administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5 and 6, section A, part XIV of this Resolution, to be completed by November 30, 2010 for submission to the Ministry of Justice and subsequent submission to the Government for review and decision-making on whether to propose the draft Ordinance.

- As the lead agency, coordinate with the Ministry of Construction in drafting the revised decrees for relevant provisions in Decree 24/2006/ND-CP dated March 6, 2006 of the Government which amends Decree 57/2002/ND-CP dated June 3, 2002 of the Government providing implementing details for Service fee Ordinance for the purposes of implementing administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5 and 6, section A, part XIV of this Resolution, to be completed by November 30, 2010 for submission to the Government for review and decision-making on whether to attach such documents with the draft law submitted to the National Assembly.

- As the lead agency, coordinate with the Ministry of Construction in drafting the revised circulars amending, superseding or repealing relevant provisions in Circular 97/2006/TT-BTC dated October 16, 2006, of the Ministry of Finance, guiding on service fees under the jurisdiction of provincial/central municipal People’s Committees, for the purposes of implementing administrative procedures simplification indicated in Numbers 1, 2, 3, 4, 5 and 6, section A, part XIV of this Resolution, to be completed by November 30, 2010 for submission to the Government for review and decision-making on whether to attach such documents with the draft law submitted to the National Assembly.

- As the lead agency, coordinate with the Ministry of Culture, Sports and Tourism in drafting the revised circulars for the purposes of implementing administrative procedures simplification indicated in Number 1, section A, part XIII, Simplification Plan attached to this Resolution. The issuing deadline is July 31, 2010.

- As the lead agency, coordinate with the State Bank in drafting the revised circulars amending, superseding or repealing relevant provisions in Circular 110/2002/TT-BTC dated December 12, 2002, guiding on the collection, payment, usage of service fees pertaining to banking, securities and insurance, for the purposes of implementing administrative procedures simplification indicated in Number 1, section A, part XIII, Simplification Plan attached to this Resolution. The issuing deadline is July 31, 2010.

- As the lead agency, coordinate with the Ministry of Culture, Sports and Tourism in drafting a circular on service fees for office opening licensing for a foreign travel agent in Vietnam, for the purposes of implementing administrative procedures simplification indicated in Number 1, section A, part XIII, Simplification Plan attached to this Resolution, to be enacted by July 31, 2010.

- As the lead agency, coordinate with the Ministry of Natural Resources and Environment and Ministry of Justice in drafting circulars amending, superseding or repealing relevant regulations in:

+ Circular 184/2009/TT-BTC dated September 15, 2009 of the Ministry of Finance providing the regime of collection, payment, management of service fees from licensing mineral-related activities and mineral exploring exclusive right fee;

+ Joint Circular 91/2008/TT-LT-BTC-BTP dated October 17, 2008, of the Ministries of Finance – Justice, guiding the regime of collection, payment, management and usage of notary fee; for the purposes of implementing administrative procedures simplification indicated in Number 13, 14, 19, 20, section A, part IX, Simplification Plan attached to this Resolution, to be enacted by June 30, 2010.

XI. SIMPLIFICATION PLAN FOR ADMINISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE JURISDICTION OF THE MINISTRY OF INFORMATION AND COMMUNICATION

A. Specifics of the simplification plan

1. Procedure of reporting to the Department of Information and Communication on provision of Internet service (B-BTT-131355-TT)

- What to report: the requirement on reporting information related to licensing Internet service provision in part I shall be omitted.

- How often to report: companies with dominating market shares shall perform reporting once every three months. The remaining companies shall do the reporting once every six months.

- How to file reports: the company or its local branches shall file the report to the Department of Information and Communication over the Internet.

2. Procedure of reporting to the Ministry of Information and Communication on provision of Internet service (B-BTT-054767-TT )

- What to report:

+ The requirement on reporting information related to licensing Internet service provision in part I shall be omitted.

+ A requirement for provision of information about Internet service quality shall be added to part IV.

- How often to report: companies with dominating market shares shall perform reporting once every three months. The remaining companies shall do the reporting once every six months.

- How to file reports: companies shall file the report to the Ministry of Information and Communication over the Internet.

- Prior to January 1, 2011, the Departments’ reports shall be integrated with the Ministry report and the overall Internet report shall be synchronized with the telecommunication industry.

3. Procedure of regular checking of telecommunication-specific technical facilities (B-BTT-028206-TT)

- “Valid gauging and audit results” as part of the file shall be expunged.

- Those subject to the direct audit procedure shall be reduced with a view to: stations not subject to the audit procedure owing to low risks of unsafe radiation shall be clearly specified (BTS stations located in remote, distant, border, island areas or BTS stations located far from residential areas, low capacity stations); with regards to these stations, the companies only need to comply with the procedure of declaring the quality of the telecommunication works and be accountable for that, and the relevant state agency shall perform governance through retrospect audit.

- The audit approach shall be changed by making the measuring of technical specifications of BTS stations a part of quality control certification; the responsibility of auditing agencies in measuring, quality certification and follow-up monitoring shall be defined.

- It shall be clearly stated that auditing fee includes measuring costs and shall not exceed the current fee level set by the Ministry of Finance.

4. Procedure of licensing importation of publication products for commercial purposes (B-BTT-024044-TT)

- A provision on the steps of the procedure and how they are taken shall be added.

- Composition of file:

+ The requirement for the proposition in writing from the supervising entity shall be repealed.

+ A provision shall be added stating that in case of direct submission of the file at the relevant authority, the applicant may submit copies for all types of papers and take the originals to such public service for checking and matching.

+ The requirement for submission of copies of diplomas, certificates, working contracts, social security books of book censors shall be annulled and replaced by providing in details information on serial number, date of issuance, issuing entity for such diplomas, certificates, working contracts in the register of book censors.

+ The requirement for verifying working years of content censors shall be repealed and replaced by the applying entity’s guarantee.

- The number of documents to submit shall be clearly stated as 01 set.

- Application form: the application form for licensing importation of publication products for commercial purposes shall be provided in Attachment 16, Decision 31/2006/QD-BVHTT as described under:

+ The initial part of “Name of supervising entity” and “Name of applying entity” shall be omitted.

+ The name of the form shall change from “Application” to “Request”.

+ The notes part shall be repealed.

+ Both Vietnamese – English languages shall be used for the form.

- A register of book contents censors shall be developed and issued.

- Requirements:

+ The requirement of “Having at least five book contents censors working under long-term employment agreements and benefiting from social security contribution; book contents censors must hold college degrees or above in the foreign languages relevant to the languages used in most of the imported books, having working experience in publishing or export, import of publication products of five years and above and not subject to business ban by the law” shall be replaced with “Having at least five book contents censors. Book contents censors must have working experience in publishing of five years and above, professional skills and college degrees or above in the foreign languages relevant to most of the imported books”.

+ The requirement of “Having at least seven book contents censoring associates working under one-off employment agreements; book contents censoring associates shall hold college degrees and above in foreign languages and relevant professional skills for assessing the contents of imported books”.

+ The requirement of “Having the principal office and space for dealing publication products of 100 m2 or above”, and “Having owner’s capital of VND5 billion or above” shall be repealed.

5. Procedure of certification of the register of imported publication products (B-BTT-024261-TT)

- Submission of the register of imported publication products to the Department of Publication shall be replaced by on-line registration once technical capacity is available (electronic transactions and digital signatures shall be rolled out across-the-board). The Department of Publication shall put in place a software program for registration and guide importers to register on-line.

- Treatment in case of changes in the register shall be stated as: “In case of changes in the register, the company only needs to report in writing the detailed changes from the registered list, as well as register new information (if any)”.

- The provision of expiry of the certificate on December 31 every year shall be repealed. Companies shall be allowed to use the imported publication products register certificate until customs clearance is finished.

- The form “Registration of imported publication products” shall be modified as under:

+ The section of “Hanoi, [date] ...” shall be left blank for the applicant to fill in.

+ “To: (entity in charge)” shall be added below the form title.

+ Legal justification: the amended Publication Law shall be added.

+ The words “Based on the License ... issued by the Ministry of Culture – Information” shall be added with “License number and issuance date”; “Ministry of Culture – Information” shall change to “Ministry of Information and Communication”.

+ The section for signature and seal of the entity head shall be changed to “Legal representative for the company”.

+ Information on the total number of copies in the register of imported publication products shall be changed to Registered list.

The form “Registered list of imported publication products” shall be modified as under:

+ “Name of entity” shall change to “Company name”.

+ “Head of entity” shall change to “Legal representative of the company”.

+ Both Vietnamese – English languages shall be used in the form.

B. Responsibility in implementing the simplification plan The Ministry of Information and Communication shall

- As the lead agency, coordinate with the Ministry of Finance, Ministry of Public Security and other related ministries and agencies in drafting decrees amending, superseding or annulling related provisions in:

+ Decree 11/2009/ND-CP dated February 10, 2009 of the Government on amendment of Decree 111/2005/ND-CP;

+ Decree 111/2005/ND-CP dated August 26, 2005 of the Government, providing implementing guidelines for selected Articles of the Publication law; for implementing the simplification plan for administrative procedures indicated in Numbers 4 and 5, section A, part XI of the Simplification Plan attached to this Resolution, and submitting such documents to the Government for review and decision- making by July 31, 2010.

- Circulars amending, superseding or annulling related provisions shall be drafted for:

+ Circular 05/2008/TT-BTTTT dated November 12, 2008 of the Ministry of Information and Communication, guiding selected Articles of Decree 97/2008/ND-CP dated August 28, 2008 of the Government on management, provision and use of Internet service and Internet-based electronic information in terms of Internet services.

+ Circular 09/2009/TT-BTTTT dated March 24, 2009 of the Ministry of Information and Communication, providing regulations on audit and announcing the relevance of telecommunication-specific technical facilities.

+ Circular 11/2009/TT-BTTTT dated March 24, 2009 of the Ministry of Information and Communication on issuance of the list of telecommunication works that are compulsorily subject to relevance announcement.

+ Circular 10/2009/TT-BTTTT dated March 24, 2009 of the Ministry of Information and Communication on the issuance of the list of telecommunication works that are compulsorily subject to audit; for implementing the simplification plan for administrative procedures indicated in Numbers 1, 2 and 3, section A, part XI of the Simplification Plan attached to this Resolution, for issuance by December 31, 2010.

XII. SIMPLIFICATION PLAN FOR ADMINISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE JURISDICTION OF THE MINISTRY OF JUSTICE

A. Specifics of the simplification plan

Procedures of public notarization of agreements related to land use rights:

1. Procedure of public notarization of land use right mortgages - B-BTP- 052984-TT

2. Procedure of public notarization of land use right and property on land mortgages - B-BTP-052986-TT

3. Procedure of public notarization of land use rights leases - B-BTP-052972-TT

4. Procedure of public notarization of land use rights and property on land leases - B-BTP-052975-TT

5. Procedure of public notarization of capital contribution agreements using land use rights - B-BTP-052987-TT

6. Procedure of public notarization of capital contribution agreements using land use rights and property on land - B-BTP-052988-TT

- The provision of compulsory public notarization of the afore mentioned agreements shall be annulled and changed from compulsory requirements to adaptation to the needs of parties involved in the mortgaging relation.

- In case the procedure of public notarization of the said agreements in a voluntary manner applies, changes shall be made as follows:

+ The request form for public notarization of agreements and transactions shall be repealed.

+ Article 47 of the Public Notarization Law of 2006 shall be amended to allow any public notaries of a public notarization service provider archiving the initial mortgage agreement shall be entitled to certifying additional mortgaging.

+ The provisions of the Land Law of 2003 related to the pubic notarization of agreements pertaining to land use rights shall be changed to allow any public notarization service providers to provide public notarization of agreements associated with land use rights.

+ The Ministry of Finance shall work with the Ministry of Justice in considering reduction of public notarization fees for procedures of public notarization of agreements associated with land use rights.

7. Procedure of registering changes in guaranteed transactions previously registered as movables (except for aircrafts and sea vessels) - B-BTP-051293-TT

- It shall be clearly stated that the number of files to be submitted is 01 set.

- The validity period of the procedure shall be defined as from the time of registration to the time such registration is removed upon the request for removal by the guaranteed party.

- In case of registering for changes in guaranteed transactions due to the guaranteed party changing its name or papers representing its legal status, only a request for registering changes shall be needed for all the registered guaranteed transactions, attached with a list of registered guaranteed transactions, in stead of submitting a different request for registering changes for every guaranteed transaction for the same change.

Procedures of registering property mortgaging at land use rights registering offices:

8. Procedure of registering mortgages of property attached to land at provincial level land use rights registering offices - B-BTP-051385-TT

9. Procedure of registering mortgages of property attached to land at district level land use rights registering offices - B-BTP-051584-TT

10. Procedure of registering mortgages using land use rights or land use rights and property attached to land at provincial level land use rights registering offices - B-BTP-051357-TT

11. Procedure of registering mortgages using land use rights or land use rights and property attached to land at district level land use rights registering offices - B-BTP-051506-TT

- The compulsory requirement of public notarization and validation of mortgages of land use rights or land use rights and property attached to land as part of the application file to submit shall be repealed.

- The use of documents certifying ownership of property attached to land and land use rights papers in the spirit of Decree 88/2009/ND-CP dated October 19, 2009, of the Government, on certification of land use rights, ownership of houses and other property attached to land shall be consistently adopted. The provision of accepting other types of papers as part of the application file to prove land use rights and ownership of property attached to land shall be repealed.

B. Responsibility in implementing the simplification plan

1. For simplification measures of administrative procedures pertaining to amendments of laws and by-laws:

a) The Ministry of Justice shall

- As the lead agency, coordinate with the Government Cabinet and other related agencies in drafting a law amending selected Articles of the Public Notarization Law of 2006 for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, section A, part XII of the Simplification Plan attached to this Resolution, to be completed by November 30, 2010 and submitted to the Government for review and decision-making on whether to propose the draft law.

- As the lead agency, coordinate with the Ministry of Natural Resources and Environment, Government Cabinet and other related agencies in drafting a decree amending, superseding or annulling related regulations in Decree 163/2006/ND-CP dated December 29, 2006, of the Government, on guaranteed transactions, for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, section A, part XII of the Simplification Plan attached to this Resolution, to be completed by December 31, 2010 and submitted to the Government for review and decision-making on whether to attach with the draft law for submission to the National Assembly.

- As the lead agency, coordinate with the Ministry of Natural Resources and Environment in drafting circulars amending, superseding or repealing related provisions in:

+ Joint Circular 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministries of Justice and Natural Resources – Environment, guiding registration of mortgaging and guaranteeing land use rights and property attached to land;

+ Joint Circular 03/2006/TTLT-BTP-BTNMT dated June 13, 2006 of the Ministries of Justice and Natural Resources – Environment, on amendment of selected provisions in Joint Circular 05/2005/TTLT-BTP-BTNMT dated June 16, 2005; for implementing the simplification plan for administrative procedures indicated in Numbers 1, 2, 3, 4, 5 and 6, section A, part XII of the Simplification Plan attached to this Resolution, by December 31, 2010 for submission to the Government for review and decision-making on whether to attach with the draft law for submission to the National Assembly.

b) The Ministry of Natural Resources and Environment shall

- As the lead agency, coordinate with the Ministry of Justice in drafting a law amending, superseding or annulling related regulations in the Land Law No. 13/2003/QH11, dated December 10, 2003, for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, section A, part XII of the Simplification Plan attached to this Resolution, to be completed by December 31, 2010 and submitted to the Ministry of Justice for compilation and subsequent submission to the Government for review and decision-making on whether to propose the draft law.

- As the lead agency, coordinate with the Ministry of Justice in drafting a decree amending, superseding or annulling related regulations in Decree 181/2004/ND-CP dated October 29, 2004, of the Government, on the implementation of the Land Law, for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, section A, part XII of the Simplification Plan attached to this Resolution, to be completed by December 31, 2010 and submitted to the Government for review and decision-making on whether to attach with the draft law for submission to the National Assembly.

2. Simplifying measures of administrative procedures that do not entail amendment of laws and by-laws

The Ministry of Justice shall

- As the lead agency, coordinate with the Ministry of Natural Resources and Environment in drafting a decree amending, superseding or annulling related regulations in Decree 08/2000/ND-CP March 10, 2003, of the Government on registering guaranteed transactions, for the purposes of simplifying administrative procedures indicated in Number 7, section A, part XII of the Simplification Plan attached to this Resolution, to be submitted to the Government for review and decision- making by July 31, 2010.

- Draft Circulars shall be developed to amend, supersede or repeal related regulations in:

+ Circular 06/2006/TT-BTP dated September 28, 2006 of the Ministry of Justice, guiding selected issues related to authority, steps and procedure for registering and providing information on guaranteed transactions at the Center for registering transactions and property of the National Administration for Registration of guaranteed transactions, Ministry of Justice.

+ Circular 03/2007/TT-BTP dated May 17, 2007 of the Ministry of Justice, amending selected provisions of Circular 06/2006/TT-BTP dated September 28, 2006; for implementing the simplification plan for administrative procedures indicated in Number 7, section A, part XII of the Simplification Plan attached to this Resolution. The deadline for enactment is July 31, 2010.

XIII. SIMPLIFICATION PLAN FOR ADMINISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE JURISDICTION OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

A. Specifics of the simplification plan

1. Procedure of licensing representative offices of foreign travel agents in Vietnam - B-BVH-017648-TT

- Steps of the procedure: Foreign travel agents shall submit directly (or by post) one set of application file for establishment of representative offices of foreign travel agents in Vietnam to the provincial level state agency in charge of tourism (Department of Culture, Sports and Tourism), where the representative offices are expected to be located.

- Composition of application file: The provision requiring that the application file includes the passport or ID card (in case of Vietnamese national); a copy of the passport (in case of expatriates) of the head of office, the lease agreement for the representative office space, audited financial statements or verification of fulfillment of tax or financial liabilities in the latest fiscal year shall be annulled.

- Application form:

+ Information related to business registration as part of the application shall be repealed.

+ Documents attached to the application letter shall be repealed.

+ The languages used in the application shall be Vietnamese and English.

- Procedure handling timeline: The timeline shall be reduced from 15 to 7 working days.

- Service fees: A provision defining the service fee for establishment of representative offices of foreign travel agents in Vietnam shall be added.

2. Procedure of publishing and disseminating publications in a foreign country (jurisdiction of the Ministry of Culture, Sports and Tourism)

This procedure shall be annulled.

3. Procedure of licensing exhibitions of national or international nature - B- BVH-015443-TT.

- The existing procedure of licensing exhibitions of national or international nature shall be divided into two different procedures:

+ Licensing in-country cultural and artistic exhibitions; and

+ Licensing cultural and artistic exhibitions launched in a foreign country.

- More details shall be given to how the procedure is done.

- The composition of application file shall be simplified for individual procedures. In respect of the procedure of licensing Vietnamese cultural and artistic exhibitions in a foreign country, the application file shall include:

+ A application letter for the license using an uniform template;

+ A list of publications, authors, materials, sizes;

+ Invitation letters or agreements, contracts signed by the involved parties.

4. Procedure of licensing photo exhibitions, photo festivals, artistic photography competition (thematic photography exhibitions, festivals; photography exhibitions, festivals of national entities in or outside the country; photography exhibitions, festivals of international organizations or individual members of international organizations in Vietnam; showcasing personal photos overseas in competitions, photo festivals of national or international scale) - B- BVH-014314-TT

- The existing procedure of licensing Vietnamese photo exhibitions in a foreign country shall be made a separate procedure.

- More details shall be given on how the procedure is done.

- The composition of application file shall be simplified. The application file for the procedure of licensing Vietnamese photo exhibition in a foreign country shall only include:

+ A application letter for the license using an uniform template;

+ A list of publications, authors, materials, sizes;

+ Invitation letters or agreements, contracts signed by the involved parties.

5. Procedure of permitting central level artistic entities, performers on the staff of central artistic entities to go overseas for professional artistic performance - BVH-029356-TT

Details shall be given to the steps and mode of implementation applicable for individuals and organizations.

Details shall be specifically given as to the elements of the dossier, required number of dossier shall be 1 set.

A request form shall be developed and issued.

6. Procedure of Organizing Vietnamese movies abroad - B-BVH-005427-TT

Details shall be given to the steps and mode of implementation applicable for individuals and organizations.

Details shall be specifically given as to the elements of the dossier, required number of dossier shall be 1 set.

- The request form shall be developed and issued.

- The procedure processing time shall be cut from 15 to 5 working days.

7. Procedure of publishing and disseminating publications in a foreign country (jurisdiction of the Department of Culture, Sports and Tourism)

This procedure shall be annulled.

8. Procedure of permitting sub-national artistic entities and performers going abroad for professional artistic performance - B-BVH-029358-TT

Details shall be given to the steps and mode of implementation applicable for individuals and organizations.

Details shall be specifically given as to the elements of the dossier, required number of dossier shall be 1 set.

The request form shall be developed and issued.

B. Responsibility of implementing the simplification plan

The Ministry of Culture, Sports and Tourism shall

- As the lead agency, coordinate with related ministries and agencies in drafting decrees amending, superseding or repealing related provisions in:

+ Decree 92/2007/ND-CP dated June 1, 2007 of the Government, guiding the implementation of the Tourism Law;

+ Decree 72/2000/ND-CP dated December 5, 2000 of the Government on publishing and disseminating publications overseas;

+ Decree 96/2007/ND-CP dated June 6, 2007 guiding the implementation of the Photography Law; for implementing the simplification plan for administrative procedures indicated in Numbers 1, 2, 6, 7, section A, part XIII of the Simplification Plan attached to this Resolution, for submission to the Government for review and decision-making by July 31, 2010.

- Draft Circulars shall be developed to amend, supersede or repeal related provisions in:

+ Circular 89/2008/TT-BVHTT&DL dated December 30, 2008, of the Ministry of Culture, Sports, Tourism, guiding the implementation of Decree 92/2007/ND-CP dated June 1, 2007 of the Government, as the implementing document of the Tourism Law;

+ Decision 10/2000/QD-BVHTT dated May 15, 2000 of the Minister of Culture and Information on the regulations for esthetic art exhibition;

+ Decision 29/2000/QD-BVHTT dated November 20, 2000 of the Minister of Culture and Information;

+ Decision 47/2004/QD-BVHTT dated July 2, 2004 of the Minister of Culture and Information on issuing the Regulations on performing and organizing professional artistic performance activities; for implementing the simplification plan for administrative procedures indicated in Numbers 1, 3, 4, 5, 6, 7, section A, part XIII of the Simplification Plan attached to this Resolution. The issuance deadline is July 31, 2010.

XIV. ADMINISTRATIVE PROCEDURES UNDER THE JURISDICTION OF THE MINISTRY OF CONSTRUCTION

A. Specifics of the simplification plan

1. Procedure “Licensing construction projects of special class, class I, class II; religious structures, historic and cultural sites; monumental statues, pictures located in the administrative area of one’s jurisdiction; structures on main urban road and street routes and axes; structures in projects with direct foreign investment; project-associated structures and other works under the jurisdiction of the provincial level PC” - B-BXD-046325-TT

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order;

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each step.

- Composition of application file:

+ The composition and nature of every document that constitutes the file shall be clarified, and whether certified copies or copies accompanied by the respective originals for matching or copies certified by the very corporate investor shall be submitted;

+ Detailed specification of every type of papers related to land use right and house ownership required for construction licensing;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 copy to be attached with the construction license);

+ The number of application file to submit shall specifically be defined as 01 set.

- Valid term of the license:

+ The provision of “valid term for construction commencement” in the construction license shall be repealed.

+ It shall be clearly indicated that the investor only needs to apply for amendment of the construction license in case changes in the detailed construction zoning plan affect the terms and conditions of the license for which the respective construction works have not started at such time.

- Construction fee shall be banned.

- Application form:

+ The name of the application form for construction shall be changed to: “Request for construction licensing (construction works)”.

+ These parts shall be removed from the form: items 2, 5, 6: “Background of the land”, “Individual/corporate design assessor (if any)”, “Dismantling, relocating plan (if any)”.

+ An item 3 shall be added: Project name.

+ Item 4 shall be revised to: “Individual/corporate designer: Practice license number / Practice certificate number: … issuance date …”

2. Procedure “Licensing construction projects of class III and below, urban individual houses (except for projects under the jurisdiction of provincial level PCs)” - B-BXD-046331-TT

- The detailed sequence of procedure steps shall be defined, including:

+ Detailed specification of every type of papers related to land use right and house ownership required for construction licensing;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 copy to be attached with the construction license);

+ The number of application file to submit shall specifically be defined as 01 set.

- Composition and number of application files:

+ The composition and nature of every document that constitutes the file shall be clarified, and whether certified copies or copies accompanied by the respective originals for matching or copies certified by the very corporate investor shall be submitted;

+ Detailed specification of every type of papers related to land use right and house ownership required for construction licensing;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 copy to be attached with the construction license);

+ The number of application file to submit shall specifically be defined as 01 set.

- Valid term of the license:

+ The provision of “valid term for construction commencement” in the construction license shall be repealed.

+ It shall be clearly indicated that the investor only needs to apply for amendment of the construction license in case changes in the detailed construction zoning plan affect the terms and conditions of the license for which the respective construction works have not started at such time.

- Construction fee shall be banned.

- Application form:

+ The name of the application form shall be broken down and changed to: “Request for construction licensing (for urban individual houses)”.

+ Items 2, 5, 6: “Background of the land”, “Individual/corporate design assessor (if any)”, “Dismantling, relocating plan (if any)” shall be removed.

+ Item 4 shall be revised to: “Individual/corporate designer (for houses with total floor area larger than 250 m2 and three stories or above): Practice license number / Practice certificate number: … issuance date …”

3. Procedure “Licensing individual houses in rural residential areas for which approved construction zoning plans for the administrative areas under one’s jurisdiction are available" - B-BXD-046345-TT

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order;

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each step.

- Composition and number of application files:

+ The composition and nature of every document that constitutes the file shall be clarified, and whether certified copies or copies accompanied by the respective originals for matching or copies certified by the very corporate investor shall be submitted;

+ Detailed specification of every type of papers related to land use right and house ownership required for construction licensing;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 copy to be attached with the construction license);

+ The number of application file to submit shall specifically be defined as 01 set.

- Procedure processing time: no longer than 10 working days since receipt of the full valid application (for rural individual houses).

- Valid term of the license:

+ The provision of “valid term for construction commencement” in the construction license shall be repealed.

+ It shall be clearly indicated that the investor only needs to apply for amendment of the construction license in case changes in the detailed construction zoning plan affect the terms and conditions of the license for which the respective construction works have not started at such time.

- Construction fee shall be banned.

- Application form:

+ The name of the application form shall be changed to: “Request for construction licensing (for rural individual houses)”.

+ Item 2 - “Background of the land” shall be removed.

4. Procedure “Amendment of construction licenses under the jurisdiction of provincial level People’s Committees” - B-BXD-046352-TT

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order;

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each step.

- Composition and number of application files:

+ The composition and nature of every document that constitutes the file shall be clarified, and whether certified copies or copies accompanied by the respective originals for matching or copies certified by the very corporate investor shall be submitted;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 of which to be attached with the construction license when returned);

+ The number of application file to submit shall specifically be defined as 01 set.

- Valid term of the license:

+ The provision of “valid term for construction commencement” in the construction license shall be repealed.

+ It shall be clearly indicated that the investor only needs to apply for amendment of the construction license in case changes in the detailed construction zoning plan affect the terms and conditions of the license for which the respective construction works have not started at such time.

- Construction fee shall be banned.

5. Procedure “Amendment of construction licenses under the jurisdiction of district level People’s Committees" - B-BXD-046358-TT

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order;

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each step.

- Composition and number of application files:

+ The composition and nature of every document that constitutes the file shall be clarified, and whether certified copies or copies accompanied by the respective originals for matching or copies certified by the very corporate investor shall be submitted;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 of which to be attached with the construction license when returned);

+ The Request for amendment of construction license form shall be provided.

+ The number of application file to submit shall specifically be defined as 01 set.

- Valid term of the license:

+ The provision of “valid term for construction commencement” in the construction license shall be repealed.

+ It shall be clearly indicated that the investor only needs to apply for amendment of the construction license in case changes in the detailed construction zoning plan affect the terms and conditions of the license for which the respective construction works have not started at such time.

- Construction fee shall be banned.

6. Procedure “Amendment of construction licenses under the jurisdiction of commune level People’s Committees" - B-BXD-046392-TT

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order; step.

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each

- Composition and number of application files:

+ The composition and nature of every document that constitutes the file shall be clarified, and whether certified copies or copies accompanied by the respective originals for matching or copies certified by the very corporate investor shall be submitted;

+ Detailed provision on the number of every document in the file: 01 copy, 02 copies for design drawings (01 of which to be attached with the construction license when returned);

+ The Request for amendment of construction license form shall be provided.

+ The number of application file to submit shall specifically be defined as 01 set.

- Procedure handling time: no longer than 07 working days since receipt of the full valid application.

- Valid term of the license:

+ The provision of “valid term for construction commencement” in the construction license shall be repealed.

+ It shall be clearly indicated that the investor only needs to apply for amendment of the construction license in case changes in the detailed construction zoning plan affect the terms and conditions of the license for which the respective construction works have not started at such time.

- Construction fee shall be banned.

7. Procedure “Licensing temporary construction works under the jurisdiction of provincial level People’s Committees"- B-BXD-046434-TT

- Application form:

+ The name of the application form for temporary construction license shall be changed to: “Request for temporary construction licensing (construction works)”.

+ The items 2, 5, 6: “Background of the land”, “Individual/corporate design assessor (if any)”, “Dismantling, relocating plan (if any)” shall be repealed.

+ An item 3: Project name, shall be added.

+ Item 4 shall be revised to: “Individual/corporate designer: Practice license number / Practice certificate number: … issuance date …”

8. Procedure “Licensing temporary construction works under the jurisdiction of district level People’s Committees" - B-BXD-046440-TT

- Application form:

+ The name of the application form shall be broken down and changed to: “Request for temporary construction licensing (for urban individual houses)”.

+ Items 2, 5, 6: “Background of the land”, “Individual/corporate design assessor (if any)”, “Dismantling, relocating plan (if any)” shall be removed.

+ Item 4 shall be revised to: “Individual/corporate designer (for houses with total floor area larger than 250 m2 and three stories or above): Practice license number / Practice certificate number: … issuance date …”

9. Procedure “Licensing temporary construction works under the jurisdiction of commune level People’s Committees" - B-BXD-046453-TT

- Application form:

+ The name of the application form shall be broken down and changed to: “Request for temporary construction licensing (for rural individual houses)”.

+ Item 1: “Representative: … Position: …” shall be replaced with “ID card number: … Issuance date: …”.

+ Items 2, 3: “Background of the land”, “Type of structure: … Class of structure: …” shall be removed.

+ Items 4, 5, 6: “Individual/corporate designer”, “Individual/corporate design assessor (if any)”, “Dismantling, relocating plan (if any)” shall be removed.

10. Procedure “Extension of construction licenses under the jurisdiction of provincial level People’s Committees” - B-BXD-046398-TT

The procedure shall be repealed.

11. Procedure “Extension of construction licenses under the jurisdiction of district level People’s Committees" - B-BXD-046404-TT

The procedure shall be repealed.

12. Procedure “Extension of construction licenses under the jurisdiction of commune level People’s Committees" - B-BXD-046428-TT

The procedure shall be repealed.

13. Procedure “Consultation on the base design of national critical projects and Category A projects financed by non-budget funds” - B-BXD-050250-TT.

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order;

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each step.

- Composition and number of application files:

+ The request for comments on the base design shall be designed as a form.

+ Specific types of related legal documents shall be defined.

14. Procedure “Consultation on the base design of Categories B and C projects financed by non-budget funds" – B-BXD-050254-TT

- The steps of the procedure shall be clarified, including:

+ Detailed steps that individuals, entities and the public service in charge of the procedure must follow in line with a chronological order;

+ Clearly defined responsibility of the public service in each step;

+ Clearly defined responsibility of the involved individuals and entities in each step.

- Composition and number of application files:

+ The request for comments on the base design shall be designed as a form.

+ Specific types of related legal documents shall be defined.

B. Responsibility of implementing the simplification plan The Ministry of Construction shall

- As the lead agency, coordinate with related ministries and agencies in drafting a decree amending, superseding or annulling related regulations in Decree 12/2009/ND-CP dated February 12, 2009, of the Government on management of construction projects, for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, section A, part XIV of the Simplification Plan attached to this Resolution, to be submitted to the Government by July 31, 2010.

- draft a circular amending, superseding or annulling related regulations in Circular 03/2009/TT-BXD dated March 26, 2009, of the Ministry of Construction, guiding the implementation of selected provisions in Decree 12/2009/ND-CP dated February 12, 2009, of the Government on management of construction projects, for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 13 and 14, section A, part XIV of the Simplification Plan attached to this Resolution, for enactment by July 31, 2010.

XV. Simplifying plan for administrative procedures of review priority under the jurisdiction of the Ministry of Health

A. Specifics of the simplifying plan

1. Procedure of Certification of food safety and hygiene for high-risk foodstuff producers, processors and dealers - B-BYT-031880-TT

- Subject target groups specified in paragraph 2, Article 1 of the Regulations on certification of food safety and hygiene for high-risk foodstuff producers and dealers, attached with Decision 11/2006/QD-BYT dated March 9, 2006 of the Ministry of Health, shall be broken down to by different risk categories and risk levels (high risk, medium risk and low risk).

- The number of files shall be fixed at 01 set.

- Different compositions of application files shall be required for different categories of high-risk foodstuff producers, processors and dealers under the jurisdiction of the Departments and Ministry of Health, as well as the compositions of application files for different categories of high-risk foodstuff producers, processors and dealers under the jurisdiction of district and commune levels People’s Committees, to be specific:

+ For substantial sized facilities under the jurisdiction of Department and Ministry levels, the composition of the file shall be simplified by: repealing the need for business certificates; for certificates of adequate health and participation in training on foodstuff safety and hygiene of the facility owner and hands-on workers, only copies sealed or signed on behalf of the entity shall be sufficient. In case of people holding college or junior college degrees in medicine, pharmacy, pharmaceutical technology and so on, the certificate of foodstuff safety and hygiene training shall not be needed but in stead, only the degree and a copy shall be presented for matching, with the holder’s signature on the copy.

+ For small-scale facilities under the jurisdiction of district and commune level People’s Committees, the application file shall consist of: a request for certification; a covenant to maintain foodstuff safety and hygiene for food materials and products produced and sold by the entity; copies of certificates of adequate health, participation in training on food safety and hygiene signed or sealed by the facility owner or field workers.

- “Date of incorporation: …”, “Output/Capacity and number of employees”, “We hereby submit this application for certification of food hygiene and safety … (specify commodities and business lines)” in the application form shall be removed.

- For facilities under the jurisdiction of the Ministry, the handling time shall be maintained at 15 days. For facilities under the jurisdiction of Department, district and commune levels, the handling time shall be reduced from 15 to 10 working days.

- Audit and inspection plans of high-risk food producers, processors and dealers shall be developed prior to food safety and hygiene certification.

- Technical standards and norms shall be introduced to guide assessment of food production, processing and trading.

- Definition of roles and coordinating responsibilities between the Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade in monitoring and food hygiene and safety certification for food producing and business entities shall be clarified.

2. Procedure of Certification of locally made common foodstuff products standards - B-BYT-034996-TT

- The name of the procedure shall be correctly changed to: Public certification of locally made common foodstuff standards.

- On the number and elements of dossier:

+ 01 set of application file shall be required.

+ The requirement for copies of certificate of trademark ownership, receipts of application assessment and certification serial number issuance fee payment to the relevant certifying agency; representative office license for foreign manufacturing companies shall be repealed.

- Signature and seal of the business owner and Vietnamese national businessmen shall be required for only copies of business license.

- The name of Form 2 attached to the Regulations on product standard statement shall be revised to: Base standards statement, which shall be placed in the top middle part of the page.

- The valid term of the locally made common food standards certificate shall be extended to 5 years.

3. Procedure of Certification of food standards for natural mineral water - B- BYT-038004-TT

- The name of the procedure shall be correctly changed to: Public certification of product standards for locally made mineral water.

- On the number and elements of dossier:

+ 01 set of application file shall be required.

+ The requirement for copies of certificate of trademark ownership, business certificate for Vietnamese national businessmen or representative office license for foreign manufacturing companies; copies of receipts of application assessment and certification serial number issuance fee payment to the relevant certifying agency shall be repealed.

- The application for certification of fitness for business operation shall be replaced with Certification of food hygiene and safety for high-risk food producers, processors, dealers (the existing regulations attached to Decision 42/QD-BYT provides incorrect requirement on this component of the application file).

- Application form: the product name in Vietnamese and English shall be added to “Applicable products” in the facility’s product standard statement (Form 1); the name of Form 2 attached to the regulations of announcement of product standards shall be: Base standard statement and is placed in the top middle of the page.

- The name of the form “CERTIFICATE OF PRODUCT STANDARDS” shall be changed to “PUBLIC CERTIFICATE OF PRODUCT STANDARDS” (to be issued by the Food Hygiene and Safety Bureau, Departments of Health, using 3a and 3b forms); the last part in the form shall be modified as: “Relevant to the prevailing regulations on food quality, hygiene and safety and allowed for market circulation”. The words “if the trader guarantees that the product meets the announced standards” shall be annulled.

- The valid term of the food standards certificate for natural mineral water shall be increased to 5 years.

4. Procedure of certification of product standards for imported food additives and food processing supportive substances - B-BYT-037537-TT

- The name of the procedure shall be correctly changed to: public certification of product standards for imported food additives and food processing supportive substances.

- The extent of public dissemination for products specified in paragraph 1, Article 1, Regulations for announcing product standards attached to Decision 42/QD-BYT dated December 8, 2005 on issuing the “Regulations on announcing food product standards” shall be redefined. (In this Article, cigarettes are also deemed a food product).

- On the number and elements of dossier:

+ Only 01 set of application is required.

+ The requirement for copies of sales contract, receipts for payment of application assessment fee and certification serial number issuance fee, and certified copies of the business license shall be repealed.

- The original quality test results (for key quality criteria, quality sentinel criteria and related benchmarks) issued by an independent quality control agency of the country of origin shall be compulsory.

- The valid term of the food standards certificate for natural water shall be increased from 3 years to 5 years.

5. Procedure of certification of product standards for locally made infant nutrient foods - B-BYT-031088-TT

- The name of the procedure shall be correctly changed to: Public certification of product standards for locally made infant nutrient foods.

- On the number and elements of dossier:

+ 01 set of application file shall be required.

+ The requirement for application of food hygiene and safety certification or copies of the granted certificate; copies of trademark ownership, receipts of application assessment and certificate serial number issuance fee payment to the respective certifying agency shall be repealed.

- The name of Form 2 attached to the regulations of announcement of product standards shall be: Base standard statement and is placed in the top middle of the page.

- The name of the form “CERTIFICATE OF PRODUCT STANDARDS” shall be changed to “PUBLIC CERTIFICATE OF PRODUCT STANDARDS” (to be issued by the Food Hygiene and Safety Bureau, Departments of Health, using 3a and 3b forms); the last part in the form shall be modified as: “Relevant to the prevailing regulations on food quality, hygiene and safety and allowed for market circulation”. The words “if the trader guarantees that the product meets the announced standards” shall be annulled; the valid term of the paper shall be changed to 5 years.

- The valid term of the food standards certificate for locally made infant nutrient foods shall be increased from 3 years to 5 years.

6. Procedure of certification of product standards for imported infant nutrient foods - B-BYT-040374-TT

- On the number and elements of dossier:

+ Copies of certified business certificate shall be replaced with copies of business certificate affixed with the corporate seal or signed by the business owner in case of household businesses (if a seal is not available).

+ The requirement for copies of sales contract; receipts of application assessment and certificate serial number issuance fee payment to the respective certifying agency; notarized copies of one of the following certificates (where applicable): GMP (Good producing practice) certificate, HACCP (Hazard analysis critical control point), or equivalent certificates, shall be repealed.

- Form 2 attached to the regulations of announcement of product standards shall be named: Base standard statement and is placed in the top middle of the page.

- The name of the form “CERTIFICATE OF PRODUCT STANDARDS” shall be changed to “PUBLIC CERTIFICATE OF PRODUCT STANDARDS” (to be issued by the Food Hygiene and Safety Bureau, Departments of Health, using 3a and 3b forms); the last part in the form shall be modified as: “Relevant to the prevailing regulations on food quality, hygiene and safety and allowed for market circulation”. The words “if the trader guarantees that the product meets the announced standards” shall be annulled; the valid term of the paper shall be changed to 5 years.

- The valid term of the certificate shall be increased from 3 years to 5 years.

7. Procedure of Issuing receipts for applications of food products advertisement - B-BYT-037954 -TT

- On the number and elements of dossier:

+ The number of application files to be submitted shall be clearly defined as 01 set (01 copy for each document), and 02 copies in particular for the advertising mock-up designs.

+ The requirement for certified copies of the base standards statement, public certificate of product standards issued by a health authority shall be repealed. Letter of Authorization of the owner of the quality standards statement of advertising products (for entities authorized for the advertisement) shall be repealed.

+ Only a copy of the business license signed by the owner shall be required.

- On application form:

- “Operation license number” shall be changed to “Business license number, issuing agency”.

- “Name, telephone number of person or division in charge of application registration” shall be repealed.

- “Name, address of food and food additives producer and dealer” shall be revised to “The name and address of food and food additive producer and dealer shall match the name and address of food and food additive producer and dealer that are announced or registered for food hygiene and safety”.

- The expected effects of the food shall be clearly indicated in the advertisement.

8. Procedure of licensing a foreign company trading in medicines and medicine materials in Vietnam - B-BYT-038601-TT

- On the elements of dossier:

+ The requirement that the applicant submits certification of its existing bank account number in a local bank shall be repealed.

+ Summarized audit statements of the latest fiscal year (verified by an independent audit agency) shall be replaced with the verification in writing of the tax office (where the company registers) on performance or fulfilled tax liabilities in the originating country in 12 consecutive months prior to the month the operation application is filed, attached with a notarized translation.

- Application form: English shall be added. Address and telephone number shall be omitted, as well as company’s background information.

- The responding timeline shall be reduced from 03 months to 30 days since receipt of the valid application.

- The requirement on receiving applications twice a year; valid term of operation license; minimum turnover quota for medicines and medicine materials in the latest year shall be repealed.

- This procedure shall be formalized.

9. Procedure of issuing the purchase order for finished medicine products without a register number for businesses eligible for export and import of finished medicine products - B-BYT-029750-TT

This procedure shall be formalized.

10. Procedure of registering new locally made western medicines - B-BYT- 034068-TT

- On the elements and number of dossier:

+ 01 set of the application file shall be required.

+ Reference of goods trademarks or trademark protection certificates for brand name medicines shall be repealed.

- The Good manufacturing practice (GMP) certificate must meet WHO standards.

- The requirement that the applicant signs every page of the application file shall be repealed.

- Verification of legal status and medicine production conditions by directly supervising professional state agencies (Departments of Health, industry-specific health) for local companies registering medicines prior to forwarding the application to the Ministry of Health for issuance of registry number shall be repealed.

- This procedure shall be legalized.

11. Procedure of registering new western medicines made in a foreign country - B-BYT-033242-TT

- On the number and elements of dossier:

+ 01 set of the application file shall be required.

+ The circulation permit for the medicine in the country of origin must be issued by a competent agency (FSC or CPP) and the GMP certificate must be public notarized or legalized by the consulate.

+ Reference of goods trademarks or trademark protection certificates for brand name medicines shall be repealed.

- The valid term for the registration shall be increased to 5 years for common medicines.

- This procedure shall be legalized.

12. Procedure of registering licensed medicines between local drug makers - B-BYT-033634-TT

- On the number and elements of dossier:

+ 01 set of the application file shall be required.

+ The production and circulation permits for the medicine applied for licensing and the GMP certificate for the licensing producer shall be repealed.

- The original licensing agreement between the licensor and the licensee shall be submitted.

- Reference of goods trademarks or trademark protection certificates for brand name medicines shall be repealed.

- The handling time shall be reduced from 6 months to 30 days.

- This procedure shall be legalized.

13. Procedure of Good storage practice certification - B-BYT-022684-TT

- On the number and elements of dossier:

+ 01 set of the application file shall be required.

+ The environmental protection certificate from a competent agency shall be repealed.

- The certification timeline shall be reduced to 20 days since receipt of the full valid application.

- The valid term for good storage practice certificates shall be increased to 5 years.

- Local Departments of Health shall be vested with the authority to grant good storage practice certificates.

14. Procedure of granting sequence numbers for received public notice of imported cosmetics - B-BYT-022372-TT

- The procedure shall be renamed as: receipt of public notices of imported cosmetics.

- On the number and elements of dossier:

+ 01 set of the application file shall be required.

+ As part of the application file, the business registration certificate or investment license of the applicant (for first filing), power of attorney of producers granted to corporate or individual distributors in Vietnam shall be copies with signature and corporate seal.

- The valid term of the receipt sequence number for the public notice of cosmetics quality shall be increased to 5 years.

15. Procedure of issuing receipt note for medicine advertising applications - B-BYT-036058-TT

- On the number and elements of dossier:

+ The applicant shall submit 01 set for. In case the applicant wishes to receive 01 note, it shall submit 02 sets.

- Reference and validation materials for advertising information, advertisement, copies of drug user manuals approved by the Drug Administration, copies of product circulation license granted by the Administration, copies of the Decision granting drug registry serial number by the Drug Administration shall be repealed.

- Guidance on how to pay the service fee shall be added to the procedure sequence.

- The provision: “Only the drug registering entity is allowed to register for information dissemination and advertisement of drugs registered by them. In case the drug registering entity wishes to authorize another party to register for the information dissemination and advertisement, such authorization in writing shall be presented. The authorized party must be a legitimate entity.”

16. Procedure “Issuing receipt note for application of drug launch workshops”- B-BYT-034747 -TT

- The procedure shall be renamed as: application for drug launch workshops for health workers.

- On the number and elements of dossier:

+ Notice of workshop venue shall be repealed.

+ Attached documents shall be dropped from the workshop application form.

- The provision: “Only the drug registering entity is allowed to register for information dissemination and advertisement of drugs registered by them. In case the drug registering entity wishes to authorize another party to register for the information dissemination and advertisement, such authorization in writing shall be presented. The authorized party must be a legitimate entity.”

17. Procedure of licensing importation of medical equipment -B-BYT- 006155-TT

- The required trader’s legitimate documents shall be clearly identified as the business registration certificate or investment certificate.

- On the number and elements of dossier:

+ 01 set of the application file shall be required.

- + Corporate pledge to meet the requirements on technical staff and physical facilities shall be added to the medical equipment import “request” form.

+ The requirements on technical staff and physical facilities shall be repealed.

+ The covenant of taking the responsibility before the law in terms of quality, quantity and value of the goods applied for importation shall be annulled.

18. Procedure of issuing receipt notes for application for advertisement associated with provision of medical services - B-BYT-042899-TT

- On the number and elements of dossier:

+ It shall be clearly defined that 01 set of the application file is required, including 02 copies of mock-up designs/advertising scripts.

+ The power of attorney and “certified copy of practice certificate issued by the Ministry or Departments of Health” shall be repealed.

- “Number of operation licenses” in the application form shall be annulled.

- Departments of Health shall be authorized to work with Departments of Culture, Information, Sports and Tourism to process the procedure using the inter-connected ‘one-stop shop’ mechanism.

B. Responsibility of implementing the simplification plan

1. The Ministry of Health shall

- draft circulars amending, superseding or annulling related provisions in:

+ Decision 11/2006/QD-BYT dated March 9, 2006, providing the “Regulations of food hygiene and safety certification for high-risk food producers and dealers”;

+ Decision 42/2005/QD-BYT dated December 8, 2005, issuing the “Regulations on announcing food products standards”;

+ Decision 17/2006/QD-BYT dated May 19, 2006 of the Minister of Health, on the issuance of temporary legislations for the importation of unregistered finished medicine products;

+ Circular 17/2001/TT-BYT dated August 1, 2001, guiding foreign companies to register activities pertaining to medicines and medicine materials in Vietnam;

+ Decision 3121/2001/QD-BYT dated July 18, 2001 of the Minister of Health, issuing medicine and medicine materials registering regulations;

+ Decision 2701/2001/QD-BYT dated June 29, 2001 of the Ministry of Health, issuing the “Good storage practice” principles;

+ Decision 48/2007/QD-BYT dated December 31, 2007 of the Ministry of health issuing the “Regulations of cosmetics management”;

+ Circular 13/2009/TT-BYT dated September 1, 2009 of the Ministry of Health, guiding medicine advertising activities;

+ Circular 08/2006/TT-BYT dated June 13, 2006 guiding the importation of medical equipment; for the purposes of simplifying administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, section A, part XV of the Simplification Plan attached to this Resolution. The issuance deadline is July 31, 2010.

2. The Ministry of Culture, Sports and Tourism shall

- As a lead agency, coordinate with the Ministry of Health and relevant ministries and agencies in drafting circulars amending, superseding or annulling related provisions in:

+ Joint Circular 01/2004/TTLT-BVHTT-BYT dated January 12, 2004 guiding advertisement in the health sector;

+ Joint Circular 06/2007/TTLT/BVHTT-BYT-BNN-BXD, dated February 28, 2007 guiding the procedure of inter-connected ‘one-stop shop’ licensing of advertisements; for the purposes of simplifying administrative procedures indicated in Numbers 7 and 18, section A, part XV of the Simplification Plan attached to this Resolution. The issuance deadline is July 31, 2010.

XVI. ADMINISTRATIVE PROCEDURES UNDER THE JURISDICTION OF THE STATE BANK

A. Specifics of the simplification plan

1. Procedure of licensing the foundation and operation of joint venture, foreign wholly-owned banks in Vietnam - B-NHA-002103- TT

- “Entities with the authority and capacity in translation verifying” the translated versions of annual financial statements shall be specified.

- Provisions on collection of assessment fee and fee levels for assessment of application for licensing of bank foundation and operation shall be added, including licensing establishment and operation of joint venture and foreign wholly-owned banks in Vietnam (0.05% of the charter capital).

2. Procedure of Amending the charter of foreign, joint venture, foreign wholly-owned banks – B-NHA- 002297-TT

- “Other documents as required by the State Bank” in Article 40, paragraph 1, point c, Circular 03/2007/TT-NHNN shall be dropped from the application file.

- The components of the application file in English not subject to consulate legalization shall be increased by adding a provision specifying documents that are exempt from consulate legalization based on international treaties and agreements between Vietnamese diplomatic representatives overseas and issued by the consulates of other countries in Vietnam to investors that are citizens or entities of such countries for use in Vietnam in the principle of mutual benefit such as business plans proving feasibility (6.1.b, 6.2.b).

3. Procedure of changing charter capital and allocated capital of branches of foreign, joint venture, foreign wholly-owned banks - B-NHA- 002277-TT

- “Other related documents as required by the State Bank when needed” shall be annulled.

- A provision defining in details the composition of the application file for transfer of capital for new partners from outside foreign wholly-owned or joint venture banks shall be added.

4. Procedure of changing and amending fields and extent of operation for foreign, joint venture, foreign wholly-owned banks - B-NHA- 002282-TT

- “Other related documents as required by the State Bank” shall be annulled.

- A provision specifying that the components of the application file in English must be consulate legalized shall be added.

5. Procedure of extending operation period for joint venture, foreign wholly- owned banks in Vietnam –B-NHA-002128-TT

- “Other related documents as required by the State Bank” shall be annulled.

- Components of the application file for extension of operation period and documents that need to be consulate legalized for extension of operation period for foreign wholly-owned banks shall be added and provided in forms, to be specific:

+ An application form for extension shall be issued.

+ Performance overall report form etc.;

+ Pre-designed forms for provision of information, verification of compliance with relevant laws and financial health of foreign banks, foreign credit institutions and other foreign capital contributors within three (03) consecutive years prior to application for extension;

+ Documents that need consulate legalization shall be added for the application for extension of operation period.

6. Procedure of accepting changes of charter capital for state-owned and private joint stock banks - (B-NHA-003826-TT)

- How the procedure is processed and the format of relevant “copies” shall be specified for submitting the application either directly, by post or on-line to the provincial/municipal State Bank branches where the joint stock bank has its principal office by the applicant’s own choice, as well as preparation of the application file: direct submission - “copy attached with the original for matching”, by post – “notarized/certified copy”; over the Internet – “scans of the originals”.

- The provision on assessment of governance, management, control capacity of the Board of Directors, Board of Management and the internal control system; financial statements for incorporated entities and income, asset declaration for individuals owning 5% of charter equity and above shall be repealed.

- Specification of the number of application files to be submitted shall be added: 01 set of originals; 01 set of copies without the need for notarization/certification, as well as the format of the relevant documents respective of the processing approach for individuals and entities to choose from: direct submission - “copy attached with the original for matching”, by post – “notarized/certified copy”; over the Internet – “scans of the originals”.

- The timeline for responding shall be no longer than 30 working days since receipt of the full application.

7. Procedure of accepting Vietnamese commercial banks’ stock sales to foreign investors – B-NHA-003833-TT

- A provision defining how the procedure is processed shall be added: either by direct submission or submission by post or on-line to the State Bank.

- Composition of the application file

+ “Agreement in writing on the sales and purchase of stocks between foreign investors and Vietnamese commercial banks” shall be omitted.

+ The relevant format of “copies” respective of the submission route: direct, by post, over the electronic network to the State Bank shall be added for the applying banks to choose from, prepare the application file and implement.

- The handling time shall be reduced to 15 days since receipt of the full application.

- The forms for stock purchase applicable to individual and corporate buyers; self- produced resume of the legitimate representative, people authorized to represent the equity in a bank, foreign individual stock buyer using both English and Vietnamese shall be modified.

- More requirements and criteria shall be added for commercial banks allowed to raise funds from foreign share holders from the minimum charter capital level of VND1,000 billion to VND3,000 billion.

8. Procedure of accepting changes in shareholdings of major shareholders in a commercial joint stock bank – B-NHA-004104-TT

- A provision defining how the procedure is processed shall be added: either by direct submission or submission by post or on-line to the State Bank.

- A provision requiring 01 set of application file shall be added.

- Composition of the application file: “other related documents” shall be repealed.

9. Procedure of terminating the operation of representative offices of foreign credit institutions in case of license withdrawal due to violation of points a, b, dd, paragraph 1, Article 29, Law on Credit Institutions or when a foreign credit institution is bankrupt or dissolved - B-NHA-002414-TT

- How the procedure goes and the format of documents relevant to the submitting routes shall be added: either direct submission – “copy attached with the original for matching”, by post – “notarized/certified copy”; over the Internet – “scans of the originals”.

- The number of application file shall be fixed as 01 set of originals.

- A processing timeline shall be added, which is 5 days from the completion of liabilities and routines by the representative office and submission of the application to the State Bank until the time the State Bank issues a decision for closure and license withdrawal.

- A provision defining the agency in charge of the procedure, which is the Banking Inspectorate and Surveillance units shall be added.

10. Procedure of licensing establishment of branches of foreign banks in Vietnam –B-NHA-002024-TT

- A provision defining how the procedure of licensing establishment of branches of foreign banks in Vietnam is processed shall be added: either by direct submission or submission by post or on-line to the State Bank.

- A procedure of principle acceptance prior to granting the license for the establishment of branches of foreign banks in Vietnam shall be added.

11. Procedure of changing the names of branches of foreign banks, joint venture banks, foreign wholly-owned banks – B-NHA-002273-TT

- How the procedure goes and the format of documents relevant to the submitting routes shall be added: either direct submission – “copy attached with the original for matching”, by post – “notarized/certified copy”; over the Internet – “scans of the originals”.

- “Other related documents as required by the State Bank when needed” as part of the application file shall be annulled.

- Appendices to the application form for changing the names of branches of foreign banks, joint venture banks, foreign wholly-owned banks, representative offices of foreign credit institutions in Vietnam (in both English and Vietnamese) shall be added.

12. Procedure of accepting the establishment of operation centers /branches / representative office / administrative units of local banks -B-NHA-0037040-TT

- The provision requiring the acceptance of provincial/municipal People’s Committee and comments from the provincial level State Bank shall be repealed.

- A requirement that the commercial bank submits 01 set of application (originals) to the State Bank shall be added.

13. Procedure of licensing business entities offering foreign currency receipt and payment - B-NHA-001818-TT

- Simplification shall be provided for the composition of the application file, procedure workflow and how it is processed.

- Provincial/municipal level State Bank branches shall be authorized to receive, process applications and grant licenses to business entities; as the inspecting and audit role of the provincial/municipal State Bank branches over receipt and payment in foreign currencies of local business entities shall be clarified.

- “Comments from the provincial/municipal State Bank branches of the respective area on the business entities conducting receipt and payment in foreign currencies” as part of the application file shall be repealed.

- The valid term of the license shall be 05 years since the date of signing.

14. Procedure of accepting for credit institutions (except joint stock credit institutions) to conduct payment coverage service –B-NHA-003835-TT

This procedure shall be repealed.

15. Procedure of certifying application for opening accounts to contribute capital and buy stocks in Vietnamese dong in commercial banks by foreign investors –B-NHA-001939-TT

This procedure and any related requirements shall be repealed.

B. Responsibility in implementing the simplifying plan

The State Bank shall

- As the lead agency, coordinate with related agencies in drafting decrees amending Decree 69/2007/ND-CP dated April 20, 2007 of the Government on foreign investors buying stocks in Vietnamese commercial joint stock banks; Decree 160/2006/ND-CP dated December 28, 2006 of the Government providing implementing details for the Ordinance on Foreign Exchange, for the purposes of implementing simplification of administrative procedures indicated in Numbers 7, 12, section A, part XVI of the Simplification Plan attached to this Resolution to be submitted to the Government for review and decision-making by July 31, 2010.

- As the lead agency, coordinate with related agencies in drafting decisions amending Decision 170/1999/QD-TTg dated August 19, 1999 of the Prime Minister on encouraging Vietnamese national residing abroad remitting proceeds home for the purposes of implementing simplification of administrative procedures indicated in Number 13, section A, part XVI of the Simplification Plan attached to this Resolution to be submitted to the Government for review and decision-making by July 31, 2010.

- Draft circulars amending Circular 03/2007/TT-NHNN dated June 5, 2007, guiding the implementation of selected Article of Decree 22/2006/ND-CP dated February 28, 2006 on the structure and operation of branches of foreign banks, joint venture banks, foreign wholly-owned banks, representative offices of foreign credit institutions in Vietnam; Circular 07/2007/TT-NHNN dated November 29, 2007 of the State Bank, guiding the implementation of selected provisions of Decree 69/2007/ND-CP dated April 20, 2007 of the Government on foreign investors buying stocks in Vietnamese commercial banks; Circular 02/2000/TT-NHNN dated February 24, 2000 guiding the implementation of Decision 170/1999/QD-TTg dated August 19, 1999 of the Prime Minister on encouraging Vietnamese nationals living abroad remitting proceeds home; Circular 03/2004/TT-NHNN dated May 25, 2004 of the State Bank guiding the management of foreign exchange for capital contribution and stocks buy-ins by foreign investors in Vietnamese companies, for the purposes of implementing simplification of administrative procedures indicated in Numbers 1, 2, 3, 4, 5, 7, 9, 10, 11, 13 and 14, section A, part XVI of the Simplification Plan attached to this Resolution for enactment by July 31, 2010.

- Draft decisions amending Decision 20/2008/QD-NHNN dated July 4, 2008 of the State Bank on amending selected provisions in the Regulations on shareholding, stocks, shares and charter capital of public and private commercial joint stock banks attached to Decision 1122/2001/QD-NHNN dated September 4, 2001 of the State Bank Governor; Decision 1122/2001/QD-NHNN dated September 4, 2001, issuing the Regulations on shareholding, stocks, shares and charter capital of public and private commercial joint stock banks; Decision 1096/2004/QD-NHNN dated September 6, 2004 of the State Bank on the issuance of the Regulations on payment coverage by credit institutions; Decision 30/2008/QD-NHNN dated October 16, 2008 of the State Bank amending selected provisions in the payment coverage operating rules for credit institutions attached to Decision 1096/2004/QD-NHNN; Decision 13/2008/QD-NHNN dated April 19, 2008 specifying the operation network of commercial banks, for the purposes of implementing simplification of administrative procedures indicated in Numbers 6, 8, 12 and 14, section A, part XVI of the Simplification Plan attached to this Resolution for enactment by July 31, 2010.

The Ministry of Finance shall

As the lead agency, coordinate with the State Bank in drafting joint circulars guiding inter-ministerial registration of increase of charter capital for securities firms, for the purposes of implementing simplification of administrative procedures indicated in Number 6, section A, part XVI of the Simplification Plan attached to this Resolution for enactment by July 31, 2010.

XVII. SIMPLIFYING PLAN FOR ADMI NISTRATIVE PROCEDURES OF REVIEW PRIORITY UNDER THE JURISDI CTION OF THE BANK FOR DEVELOPMENT OF VIETNAM

A. Specifics of the simplifying plan

1. Procedure “Provision of guarantee for companies’ loans from commercial banks: assessment of guarantee applications; notice of acceptance or non- acceptance of providing guarantee for loans with regards to decentralized projects” – B-NPT-075389-TT

a) Composition of application file:

- The following document components shall be expunged from the legitimate parts of the application: company’s charter (except private companies); resolutions on the appointment of the Chairman of the Board of members, Board of directors; decisions of appointment of the Chief Executive Officer (General Manager), Chief Accountant.

- The format of “copies” shall be specified relevant to different treatment approaches with a view to simplification and reduction of compliance costs for the applicant.

- The composition of the application file shall be clarified for projects of procurement of stand-alone equipment, renovation, repairs and upgrade on a case-by- case basis, in stead of the existing generic approach to the provisions.

- The number of application file to be provided shall be added as “01 set”.

b) Timeline for consideration of guarantee acceptance: to be cut down from 20 to 10 working days.

c) In the application form “Request for loan guarantee to finance investment projects”, the following information shall be annulled:

- Section III. Management and human resources arrangements

- Section IV. Brief financial and business performance report from .../.../... to .../.../....:.

- Section V. Reports on liabilities with the Bank for Development of Vietnam, credit institutions.

- Section VI. Additional justifications (if any).

d) Amendments shall be made to the requirements for loan guarantees granted to businesses, to be specific:

- Criterion 2: “Existence of effective investment and business plans; a minimum project worth of VND100 million”;

- Criterion 3: “Non-existence of overdue debts at credit institutions; in case of applicants incurring overdue debts at credit institutions that present investment and business plans and covenants for payment of the overdue debts, the Bank for Development of Vietnam shall assess and make decisions on the loan guarantee in accordance with prevailing regulations.”

2. Procedure “Provision of guarantee for companies’ loans from commercial banks: closing loan guarantee agreements, collateral agreements, principle debt taking agreements; issuance of letters of guarantee to companies/cooperatives presenting investment projects” - B-NPT-075399-TT

Detailed specification of the composition of application file pertaining to registration of guaranteed transactions shall be supplemented towards convenience, simplicity and reduced compliance costs for individuals and entities.

3. Procedure “Provision of guarantee for companies’ loans from commercial banks: modification of loan guarantee agreements, collateral agreements, principle debt taking agreements; issuance of letters of guarantee to decentralized projects in case of converted or restructured businesses in accordance with applicable laws” - B-NPT-075431-TT

- The specific requirement for 01 set of application file shall be added.

- 20 working days shall be reduced to 05 working days since receipt of the full valid application by the Bank for Development of Vietnam.

4. Procedure “Provision of guarantee for companies’ loans from commercial banks: fulfillment of loan guarantee liabilities for companies/cooperatives presenting investment projects” - B-NPT-075472-TT

The formats of copies shall be specified as part of the application file for “documents evidencing proper utilization of the loan”: a copy or copy with the company’s certification, with the original produced for matching in case of direct submission; a certified or notarized copy in case of submission by post; a scan of the original in case of on-line submission.

B. Responsibility of implementing the simplification plan

The Ministry of Finance shall

As the lead agency, coordinate with the Bank for Development of Vietnam, Government Cabinet and relevant ministries and agencies in drafting decisions amending related provisions in:

+ Decision 14/2009/QD-TTg dated January 21, 2009 of the Prime Minister, issuing the Regulations of guarantee for companies applying for loans from commercial banks;

+ Decision 60/2009/QD-TTg dated April 17, 2009 of the Prime Minister, on amendment of selected provisions of Decision 14/2009/QD-TTg; for the purposes of implementing simplification of administrative procedures indicated in section A, part XVII of the Simplification Plan attached to this Resolution to be submitted to the Government by January 31, 2010.

 



1 (These administrative procedures shall be reviewed concurrently given their close relation and the fact that they share the same simplifying measures. By nature, the invoices printed by companies under the prevailing regulations of the Ministry of Finance are equivalent to the invoices issued by the Ministry of Finance, since the printing of the invoices must be registered and agreed by the tax office and the quantiy of printed invoices, serial number and the entire information in the invoices and so on are under the management of the tax office; also, the invoices must be printed in the printing facilities accepted by the tax office)

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              Resolution No. 25/NQ-CP simplifying 258 administrative procedures of Ministries Agencies
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