DECREE

ON ANNULLING A NUMBER OF PERMITS AND CONVERTING SOME OTHERS INTO BUSINESS CONDITIONS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Enterprises Law No.13/1999/QH10 of June 12, 1999;
In order to create favorable conditions for enterprises’ operations and at the same time to raise the effectiveness of State management over enterprises;
At the proposal of the Minister of Planning and Investment,

DECREES:

Article 1.-

1. To annul business permits, certificates of business eligibility, practice licenses, practice certificates and permits/licenses in other forms (hereinafter referred collectively to as permits), which are defined in List I (permits to be annulled) belonging to the Lists of permits to be annulled and permits to be converted into business conditions, issued together with this Decree.

2. To annul the permits defined in List II (permits to be converted into business conditions) belonging the Lists of permits to be annulled and permits to be converted into business conditions, issued together with this Decree. To turn the above-mentioned permit granting into the prescribed business conditions without permits.

Article 2.-

1. The ministries, the ministerial-level agencies and the agencies attached to the Government shall have to complete the following tasks before October 1st, 2000:

a/ To sum up and announce lists of conditional business lines and trades prescribed by laws, ordinances or decrees in the domains under their respective State management jurisdiction; and promulgate business conditions corresponding to those lines and trades;

b/ To announce lists of permits continued to be maintained as prescribed by laws, ordinances or decrees in the domains under their respective State management jurisdiction; and issue regulations on the procedures, conditions, permit-issuing agencies and effective time-limit for each type of permit.

2. In case of necessity, the ministries and agencies may propose amendments and/or supplements to the relevant laws, ordinances and/or decrees in order to make them compatible to the provisions of the Enterprises Law.

Article 3.- This Decree takes effect 15 days after its promulgation.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

LIST

OF PERMITS TO BE ANNULLED, PERMITS TO BE CONVERTED INTO BUSINESS CONDITIONS

(Issued together with the Government’s Decree No.30/2000/ND-CP of August 11, 2000)

List I.

 PERMITS TO BE ANNULLED

I. LAND ADMINISTRATION- HOUSING AND LAND

1. Permits on house leasing to foreigners, stipulated in the Government’s Decree No.56/CP of September 18, 1995 promulgating the Regulation on Leasing Houses in Vietnam to Foreigners and Overseas Vietnamese.

II. COMMUNICATIONS AND TRANSPORT

2. Communications and transport practice licenses issued to cooperatives, stipulated in the Ministry of Communications and Transport’s Circular No.323/TT-GTVT of October 3, 1997 which guides the implementation of the Government’s Decree No.45/CP of April 29, 1997 promulgating the model Statute of Communications and Transport Cooperatives.

III. CIVIL AVIATION

3. Papers of registration of Vietnam Airlines’ ticket-selling offices, stipulated in Regulation No.913/CAAV of May 10, 1994 of the Civil Aviation Administration of Vietnam on the management of the sale of air transport vouchers in Vietnam.

IV. SCIENCE, TECHNOLOGY AND ENVIRONMENT

4. Certificates of industrial property representative service organizations, stipulated in the Government’s Decree No.63/CP of October 24, 1996 detailing the Regulation on Industrial Property.

V. AGRICULTURE AND RURAL DEVELOPMENT

5. Permits for domestic animal feed export, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

6. Certificates of registration of domestic animal feed products, stipulated in the Government’s Decree No.86/CP of December 8, 1995 on the assignment of State management responsibility for the goods’ quality.

7. Permits for animal feed import (for the common type), stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

8. Domestic animal feed production and business practice licenses, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

9. Permits for export of common-type plant varieties, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

10. Quality registration certificates in service of advertisement, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

11. Certificates of the contractual standards for bulky goods sale, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

12. Veterinary service practice certificates issued to organizations, stipulated in the Government’s Decree No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary Medicine.

13. Plant protection practice certificates, stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the implementation of the Ordinance on Plant Protection and Quarantine.

VI. FINANCE

14. Audit practice licenses, stipulated in the Finance Ministry’s Circular No.04/1999/TT-BTC of January 12, 1999 guiding the audit practice registration in independent auditing organizations.

VII. AQUATIC RESOURCES

15. Permits for aquatic animal feed production, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

16. Permits for aquatic animal feed trading, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

17. Permits for import of aquatic animal feeds (for common type), stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

18. Permits for export of aquatic veterinary drugs and semi-finished drugs, stipulated in the Government’s Decree No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary.

19. Permits for import of aquatic veterinary drugs and semi-finished drugs (for common type), stipulated in the Government’s Decree No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary.

20. Permits for import and/or export of live aquatic breeds and animals (for common type), stipulated in the Government’s Decree No.14/CP of March 19, 1996 on the management of domestic animal breeds.

21. Permits for the movement of exploitation forces (destination), stipulated in the Aquatic Resources Minister’s Decision No.682/QD-TS of September 11, 1993 on permits for movement to other fishing grounds.

22. Certificates of temporary registration of fishing ships, stipulated in the Aquatic Resources Minister’s Decision No.413/QD-BVNL of April 1st, 1996 promulgating the Regulation on registration of fishing ships and crew members.

VIII. CULTURE AND INFORMATION

23. Permits for the projection and screening of films, video tapes and discs, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on enhancing the management of cultural activities and cultural services and stepping up the fight against a number of serious social evils.

24. Permits for the opening of music tape and disc- shops, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on enhancing the management of cultural activities and cultural services and stepping up the fight against a number of serious social evils.

25. Silk-screen printing practice licenses, stipulated in the Government’s Decree No.79/CP of November 6, 1993 detailing the implementation of the Law on Publication.

26. Book and newspaper distribution permits for book and newspaper retail and sale agency establishments, stipulated in the Government’s Decree No.79/CP of November 6, 1993 detailing the implementation of the Law on Publication.

IX. TOURISM

27. Certificates of eligibility for tourist service business.

List II.

 PERMITS TO BE CONVERTED INTO BUSINESS CONDITIONS

I. PUBLIC SECURITY

1. Certificates of safety eligibility for fire prevention and fight (except for a small number of branches and trades subject to strict requirements on fire prevention and fight such as the dealing in gas, inflammable liquids, hotels, offices for rent, markets and 10-storied plus trade centers, which must be granted the certificates by the competent fire-fighting agencies before the operation commencement), stipulated in the Government’s Decree No.17/CP of December 23, 1992 on the management of special business lines.

II. INDUSTRY

2. Minerals exploration practice licenses, stipulated in the Government�s Decree No.68/CP of November 1st, 1996 detailing the implementation of the Minerals Law.

III. COMMUNICATIONS AND TRANSPORT

3. Sea-shipping practice licenses issued to cooperatives, stipulated in the Communications and Transport Ministry’s Circular No.323/TT-GTVT of October 3, 1997 which guides the implementation of the Government’s Decree No.45/CP of April 29, 1997 promulgating the model Statute of communications and transport cooperatives.

4. Practice licenses for designing inland waterway means, stipulated in the Government’s Decree No.40/CP of July 5, 1996 on ensuring inland waterway traffic order and safety.

IV. CIVIL AVIATION

5. Certificates of eligibility for the sale of air transport vouchers (passenger tickets and aviation bills of lading), stipulated in the Regulation No.913/CAAV of May 10, 1994 of the Civil Aviation Administration of Vietnam on the management of the sale of air transport vouchers in Vietnam.

V. AGRICULTURE AND RURAL DEVELOPMENT

6. Plant varieties trading permits, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

7. Varieties experiment permits, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

8. Permits for the trial production of new varieties, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

9. Permits for the trial production of varieties which have not been recognized, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

10. Plant varieties production permits, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

11. Papers of recognition of eligibility for plant seed production, stipulated in the Government’s Decree No.07/CP of February 5, 1996 on the management of plant varieties.

12. Permits for the trial production of new animal feeds, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

13. Permits for the import of animal feeds, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

14. Permits for the production of domestic animal breeds, stipulated in the Government’s Decree No.14/CP of March 19, 1996 on the management of domestic animal breeds.

15. Certificates of eligibility for slaughtering cattle and poultry, stipulated in the Government’s Decree No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary.

16. Practice licenses on the plant protection drugs, stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the implementation of the Ordinance on Plant Protection and Quarantine.

17. Plant protection drug business permits, stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the implementation of the Ordinance on Plant Protection and Quarantine.

18. Permits for the production of plant protection drugs, stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the implementation of the Ordinance on Plant Protection and Quarantine.

19. Permits for processing, bottling and packaging plant protection drugs, stipulated in the Government’s Decree No.92/CP of November 27, 1993 guiding the implementation of the Ordinance on Plant Protection and Quarantine.

VI. AQUATIC RESOURCES

20. Permits for the trial production of new breeds of aquatic animals, stipulated in the Government’s Decree No.15/CP of March 19, 1996 on the management of animal feeds.

21. Permits for the trial production of new breeds domestic aquatic animals, stipulated in the Government’s Decree No.14/CP of March 19, 1996 on the management of domestic animals.

22. Certificates of aquatic animal breed production and business registration, stipulated in the Aquatic Resources Minister’s Decision No.166-TS/QD of June 12, 1991 promulgating the Regulation on the management of aquatic animal breeds.

23. Permits for the trial production of new veterinary drugs for aquatic animals, stipulated in the Government’s Decree No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary.

24. Certificates of business registration of veterinary drugs for aquatic animals, stipulated in the Government’s Decree No.93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary.

25. Certificates of food safety and hygiene standards, stipulated in the Government’s Decree No.86/CP of December 8, 1995 on the assignment of State management responsibility for the goods’ quality.

VII. CULTURE AND INFORMATION

26. Permits for the setting up of establishments for film, video tape and disc projection and screening, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on enhancing the management of cultural activities and cultural services and stepping up the fight against a number of serious social evils.

27. Paper of registration of organization of professional art shows, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on strengthening the management of cultural activities and cultural services and stepping up the fight against a number of serious social evils.

28. Paper of registration of professional art shows, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on enhancing the management of cultural activities and cultural services and stepping up the fight against a number of serious social evils.

29. Permits for music tape- and disc- reproduction, stipulated in the Government’s Decree No.87/CP of December 12, 1995 on enhancing the management of cultural activities and cultural services and stepping up the fight against a number of serious social evils.

30. Permits for publications distribution, stipulated in the Government’s Decree No.79/CP of November 6, 1993 detailing the implementation of the Publication Law.

31. Copyright service provision permits, stipulated in the Government’s Decree No.76/CP of November 29, 1996 guiding the implementation of a number of provisions on copyright in the Civil Code.

VIII. HEALTH

32. Certificates of eligibility and conditions for massage practice, stipulated in the Health Ministry’s Circular No.19/TT-BYT of December 21, 1995 guiding the management of massage service.

33. Certificates of eligibility and conditions for the production of edible salt, stipulated in the Government’s Decree No.19/1999/ND-CP of April 10, 1999 on the production and supply of iodized salt for human use.

IX. CONSTRUCTION

34. Paper of registration of construction activities, stipulated in the Government’s Decree No.52/1999/ND-CP of July 8, 1999 promulgating the Investment and Construction Management Regulation.