[Legal Updates] Letter of quick legal update 20190824

LEGAL UPDATES

[Legal Updates] Letter of quick legal update 20190824

1| The important contents must be inscribed on label of goods

Circular No. 05/2019/TT-BKHCN issued on June 26th, 2019 by the Ministry of Science and Technology detailing the implementation of a number of articles of Decree No. 43/2017/ND-CP issued on April 14th, 2017 by the Government regarding label of goods

This Circular applies to manufacturers (organizations and individuals) and traders of goods in Vietnam; importers (organizations and individuals) of goods; State authorities; relevant organizations and individuals.

According to this Circular, contents required to be inscribed on label of goods do not need to be concentrated on label; they may be inscribed on other positions of goods; but the observations must be easily and fully realized without removing details and parts of goods. The mandatory contents are parts of the label of goods.

The remarkable contents to be inscribed on label of good including:

  • Language on label of goods;
  • Name and address of the organizations or individual responsible for the goods;
  • Date of manufacture, expiry date;
  • Ingredients;
  • Specifications, warning information;
  • Labeling genetically modified food on goods labels applied in case of genetically modified food;
  • Labeling household chemicals applied to goods being household chemicals which must carry out the registration in accordance with specialized laws;
  • Quantities of goods on goods labels;
  • Date of manufacture, expiry date.

Circular No. 05/2019/TT-BKHCN comes into effect on January 01st, 2021.

2| Principles when using public property for payment of BT projects

Decree No. 69/2019/ND-CP issued on August 15th, 2019 by the Government stipulates the use of public property to pay the investors when implementing construction investment projects in the form of builds – transfer contracts

This Decree shall be applied with State agencies which has the power to sign Builds – Transfer Contracts (hereinafter BT contracts), agencies, organizations and units which are authorized by competent State agencies to sign BT contract or assigned the duty in preparing investment, negotiating, executing BT contract and implementing the BT contract (hereinafter referred to as authorized Agency), investor implementing BT contract (hereinafter referred to as Investors), other agencies, organizations and individuals related to the implementation of BT Project.

Accordingly, the use of public property to pay the Investors in order to implement BT projects must comply with the following principles:

  • Ensuring compliance with the law on management and use of public property; in the form of open bidding; can only be done when the competent authorities allow;
  • Paying according to the principle of equal value, the value of the BT Project is equal to the value of public property;
  • Payment must be aggregated into the State budget;
  • The payment date in case of using vacant land as payment is the date when the decision on land allocation or land lease is made;
  • The loan interest in the financial plan of the BT Contract for the value of the construction completed according to the schedule is terminated from the date of issuance of land allocation, land lease, and property allocation decisions;
  • The transfer of public property for payment must be effectuated after the project is completed or corresponding to the completed volume.

Decree No. 69/2019/ND-CP comes into effect on October 1st, 2019.