Legal update 21/3/2013

Nội dung bài viết

This is the significant regulation under the Directive No.04/CT-TTg dated March 08, 2013 by the Prime Minister on strengthening management in production, business and use of helmets when joining traffic.

In order to correct the situation that appearing many kinds of fake helmets; helmets with colors, design sim proper with regulation, bad quality on the market,failing to meet requirement in protection for users. The Prime Minister directs to seriously handle the production, import and business of helmets which are not assured on quality, have unclear origin.

Accordingly,  People’s  Committee  of  provinces  and centrally-runcitiesshall direct the attached function forces in inspection, handling involving facilities doing business of fake helmets, illegal imported helmets, helmets improperly with regulations,failing to assure quality.  Having measures to handle immediately against the wide-spreading helmets sale on roads, pavements which obstruct traffic and make landscape not beautiful. The Ministry of Industry and Trade shallassume the prime responsibility for directing, guiding localities in strengthenning the market management, inspection,examination of helmet production, importand business in accordance with regulation. Expeditiously building and holding inspection at facilities doing helmet business,  seriously  handling  cases  of  violation  as prescribedbylaw…

Besides, the Prime Minister also requests that the National Traffic Safety Committee shall coordinate with Ministries, sectors, localities, mass organizations and communication agencies in organization of propagation, campaigns for the persons joining in traffic to wear helmet properly with specification, with clear origin;fail to wear helmet with form nature, purpose just for responding regulation.

This Directive takes effect on the signing date.

BY 2020,THERE WILLBE 3.2–3.5MILLION AUTOMOBILES

Stemming from the viewpoint that prioritizing the development of road traffic is to create the premise and motivation for socio-economic development, satisfying requirements for industrialization and modernization; On February 25, 2013, the Prime Minister issued the Decision No. 356/QD-TTg approving the adjusted planning for road traffic development in Vietnam by 2020, and the orientation towards 2030.

Orientingvehicledevelopment inthis Plan is that by 2020, there will be 3.2 – 3.5 million automobiles, 57% of which is cars, 14% is buses, and 29% is trucks. Gradually eliminate the vehicles that are not suitable for traffic infrastructure. Besides, there will be 36 million motorbikes by 2020; the growth in quantity of motorbikes is reduced by using administrative, economic, and technical measures…

For orienting transport development, by 2020, the amount of passenger transport averagely is estimated to grow 11% per year, the amount of passenger in circulation grows 8.6% per year; the amount of cargo transit averagely grows 8.3% per year, the amount of cargo in circulation grows 7.44% per year; Public passenger transport satisfy 25% of demand in Hanoi and 15% of demand in Ho Chi Minh city…

To ensure traffic safety, one of the important objectives is to reduce 5% to 10% of accidents and casualties due to traffic accidents every year.

This Decision takes effect on the signing date, and supersedes the Decision No. 1327/QD-TTg dated August 24, 2009. The contents at odds with this Decision are annulled.

RAISINGTHE SUPPORTOF INSURANCE PREMIUMS UP TO90%

This is the content regulated under the Decision No.358/QD-TTg dated February 27, 2013 of the Prime Minister on amending and supplementing a number of articles of the Decision No. 315/QD-TTg, dated March 01, 2011 of the Prime Minister on the pilot provision of agricultural insurance during 2011- 2013.

Under this Decision, the Prime Minister decides to raise the insurance premiums for farmer households and farmers living just above the poverty line that participate in agricultural insurance up to 90% (the previous regulation is 80%). Other subjects producing agriculture that participate in agricultural insurance still enjoy as prescribed under the previous regulation. Specifically, supporting 100% of insurance premiums for poor farmer households and individuals; 60% of insurance premiums for farmer households, individuals living just above the poverty line; 20%  of  insurance  premiums  for  agricultural  production organizations…

Besides, farmer households, farmers, organizations that participate in agricultural insurance for domestic animals according to this Decision still are enjoyed support mechanisms and policies under the Decision No. 719/QD-TTg, of June 05, 2008, of the Prime Minister on the support policy for prevention, combat of epidemic disease of cattle, poultry; Decision No. 142/2009/QD-TTg, of December 31, 2009, of the Prime Minister on mechanism, policies of support of plant varieties, livestock, fisheries for production restoration of areas damaged by natural disasters, epidemics.

Based  on  the  actual  insurance compensation level,  the President of the People’s Committee of provinces, cities in pilot localities shall decide the specific level to directly support for farmer households, farmers, organizations, ensuring total of insurance compensation levels and direct support  levels  in  principle  not  exceeding  the  economic value of domestic animals at time of domestic animal damage.

This Decision takes effecton the signing date.

SELLINGPLANTPROTECTION MEDICINESMUSTBEAPPROVED BY COMMUNAL-LEVEL LOCALAUTHORITY

This is one of the contents under the Circular No.14/2013/TT-BNNPTNT dated February 25, 2013 by the Ministry Of Agricultural and Rural Development stipulating the granting of eligible Certificate of production and trading of plant protection medicines.

Specifically,  the  store  selling  plant  protection  medicines must be approved by communal-level local authority, with clear and stable address, owned by the facility owner or with legal house leasing contract of at least 01 year in case of location leasing for store; Having area in line with business scale of at least 5 square meter. It must be a 4- grade house or higher, located at a high, clean, well- ventilated place and located away from rivers, lakes, canals at least 10 meters and reinforced by embankments to ensure anti-erosion, the store floor must be high and un- flooded.

Besides, location of workshop and warehouse outside the industrial park must be approved by the localauthority from communal-level or higher level; located far away from schools, offices, hospitals and markets for at least 200 meters; ensure requirements on power and water supply, drainage, pollution and traffic. The finished product in the warehouse must be arranged tidily and reasonably. The goods   must   be   arranged  on   the   shelf   at   least   10 centimeters from the ground and 20 centimeters from the wall. The main walkway is 1.5 meters minimally to facilitate the fire-fighting activities, inspection and supervision.

Besides, the Circularalso regulates specific conditions on human resources for trading establishment of plant protection medicines. Specifically, the direct manager of the store must have certificate of plant protection medicines trading practice granted by Provincial Sub-Department of plant protection. The person directly selling products is trained on plant protection medicines organized by Provincial Sub-Department of plant protection or has intermediate  graduation  diploma  from  specialized cultivation, plant protection, biology, agricultural pedagogy or higher.

This Circular takes effect on April 11, 2013 and annuls Article 5 of the Regulation on the granting of Certificate of practice of production, processing, bottling, packaging and trading of plant protection medicines issued together with Decision No. 97/2008/QD-BNN dated October 06, 2008.

PROMULGATINGTHE LISTOF PROTECTEDPLANTSPECIES

On February 06, 2013, the Ministry of Agriculture and Rural Development issued the Circular No. 11/2013/TT- BNNPTNT the list of protected plants.

Under the Circular, there are 21 protected plant species including: bottlegourd,  water   morning   glory,   pineapple, sunflower, Indiantaro, cactus….

This Circular takeseffect on March 22,2013.

- See more at: https://sblaw.vn/entry/legal-update-2132013#sthash.e4Bj33qi.dpuf

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