Decree No. 30/2000/NĐ-CP on the abolition of certain business licenses and the conversion of certain licenses into business conditions

DECREE OF THE GOVERNMENT

OF THE GOVERNMENT DECREE NO. 30/2000/NĐ-CP OF AUGUST 11, 2000 ON ABOLISHING CERTAIN LICENSES AND CONVERTING CERTAIN LICENSES INTO BUSINESS CONDITIONS

THE GOVERNMENT

Pursuant to the Law on Government Organization dated September 30, 1992;

Pursuant to the Enterprise Law No. 13/1999/QH10 dated June 12, 1999;

To create favorable conditions for business operations and at the same time enhance the effectiveness of state management over businesses;

At the proposal of the Minister of Planning and Investment,

DECREE:

Article 1

1. Abolish the types of business licenses, certificates of eligibility to conduct business, practice permits, practice certificates, and other forms of licenses (hereinafter collectively referred to as licenses) listed in Category I (licenses to be abolished) in the List of Licenses to be Abolished and Converted into Business Conditions issued together with this Decree.

2. Abolish the licenses listed in Category II (licenses to be converted into business conditions) in the List of Licenses to be Abolished and Converted into Business Conditions issued together with this Decree. Convert the issuance of such licenses into non-license business conditions.

Article 2

1. Ministries, ministerial-level agencies, and government agencies shall complete the following tasks before October 1, 2000:

a) Compile and publish the list of industries and trades subject to conditions as prescribed by laws, ordinances, or decrees within their respective areas of state management; publish corresponding business conditions for those industries and trades;

b) Publish the list of licenses to continue being maintained as prescribed by laws, ordinances, or decrees within their respective areas of state management; publish regulations on procedures, conditions, competent authorities issuing the licenses, and validity periods for each type of license.

2. Where necessary, ministries and agencies shall propose amendments and supplements to relevant laws, ordinances, or decrees to align with the provisions of the Enterprise Law.

Article 3. This Decree shall take effect fifteen days from the date of issuance.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.

LIST

LICENSES TO BE ABOLISHED, LICENSES TO BE CONVERTED INTO BUSINESS CONDITIONS

(Annexed to Government Decree No. 30/2000/NĐ-CP dated August 11, 2000) 

CATEGORY I. LICENSES TO BE ABOLISHED

I. LAND ADMINISTRATION - REAL ESTATE

1. Permit for foreigners to lease housing as stipulated in Government Decree No. 56/CP dated September 18, 1995 on Regulations for Foreigners and Overseas Vietnamese Residents Leasing Housing in Vietnam.

II. TRANSPORTATION

2. Practice permit for transportation services issued to cooperatives as stipulated in Circular No. 323/TT-GTVT dated October 3, 1997 of the Ministry of Transport guiding the implementation of Government Decree No. 45/CP dated April 29, 1997 on Model Bylaws of Transportation Cooperatives.

III. CIVIL AVIATION

3. Registration certificate for ticket sales offices of Vietnam Airlines as stipulated in Regulation No. 913/CAAV dated May 10, 1994 of the Civil Aviation Administration of Vietnam on managing air transport ticketing activities in Vietnam.

IV. SCIENCE, TECHNOLOGY, AND ENVIRONMENT

4. Certificate of organization of industrial property representation services as stipulated in Government Decree No. 63/CP dated October 24, 1996 on detailed regulations concerning industrial property.

V. AGRICULTURE AND RURAL DEVELOPMENT

5. Export permit for animal feed as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

6. Registration certificate for production of animal feed products as stipulated in Government Decree No. 86/CP dated December 8, 1995 on the division of responsibilities for state management of product quality.

7. Import permit for ordinary animal feed as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

8. Practice permit for production and trade of animal feed as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

9. Export permit for ordinary crop seeds as stipulated in Government Decree No. 07/CP dated February 5, 1996 on seed management.

10. Quality registration certificate for advertising purposes as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

11. Certificate of compliance with contractual standards for loose sale as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

12. Practice certificate for veterinary service organizations as stipulated in Government Decree No. 93/CP dated November 27, 1993 on guiding the implementation of the Veterinary Law.

13. Practice certificate for plant protection services as stipulated in Government Decree No. 92/CP dated November 27, 1993 on guiding the implementation of the Plant Protection and Quarantine Law.

VI. FINANCE

14. Practice permit for auditing as stipulated in Circular No. 04/1999/TT-BTC dated January 12, 1999 of the Ministry of Finance on guiding the registration of independent auditing organizations.

VII. AQUACULTURE

15. Production permit for aqua feed as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

16. Business permit for aqua feed as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

17. Import permit for ordinary aqua feed as stipulated in Government Decree No. 15/CP dated March 19, 1996 on the management of animal feed.

18. Export permit for aquatic animal drugs and semi-finished products as stipulated in Government Decree No. 93/CP dated November 27, 1993 on guiding the implementation of the Veterinary Law.

19. Import permit for ordinary aquatic animal drugs and semi-finished products as stipulated in Government Decree No. 93/CP dated November 27, 1993 on guiding the implementation of the Veterinary Law.

20. Export and import permit for ordinary live aquatic animals and aquatic animal breeds as stipulated in Government Decree No. 14/CP dated March 19, 1996 on the management of livestock breeds.

21. Permit for moving fishing forces (destination) as prescribed in Decision No. 682/QĐ-TS dated September 11, 1993 of the Minister of Fisheries on Fishing Ground Transfer Permits.

22. Temporary registration certificate for fishing vessels as prescribed in Decision No. 413/QĐ-BVNL dated April 1, 1996 of the Minister of Fisheries on the issuance of regulations for vessel registration and crew members.

VIII. CULTURE AND INFORMATION INDUSTRY

23. Film screening permit, video disc permit as prescribed in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening management of cultural activities and cultural services, and intensifying eradication of serious social evils.

24. Permit to open music cassette shops as prescribed in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening management of cultural activities and cultural services, and intensifying eradication of serious social evils.

25. Permit for practicing screen printing (handmade silk screen printing) as prescribed in Decree No. 79/CP dated November 6, 1993 of the Government detailing the implementation of the Law on Publishing.

26. Permit for selling books and newspapers to retail outlets and bookstores as prescribed in Decree No. 79/CP dated November 6, 1993 of the Government detailing the implementation of the Law on Publishing.

IX. TOURISM INDUSTRY

27. Certificate of eligibility to operate tourism services.

LIST II. LICENSES TO BE CONVERTED INTO BUSINESS CONDITIONS

I. PUBLIC SECURITY INDUSTRY

1. Certificate of fire safety conditions (except for certain industries and trades with special requirements for fire prevention and firefighting such as gas sales, flammable liquid sales, hotels, rental offices, markets, shopping centers over ten floors which must obtain a fire safety certificate from the competent fire prevention authority before commencing operations) as prescribed in Decree No. 17/CP dated December 23, 1992 of the Government on managing special trades.

II. INDUSTRY INDUSTRY

2. Permit for practicing mineral exploration as prescribed in Decree No. 68/CP dated November 1, 1996 of the Government detailing the implementation of the Law on Minerals.

III. TRANSPORTATION INDUSTRY

3. Maritime transport operation permit issued to cooperatives as prescribed in Circular No. 323/TT-GTVT dated October 3, 1997 of the Ministry of Transport guiding the implementation of Decree No. 45/CP dated April 29, 1997 of the Government promulgating the Model Cooperative Regulations for Transportation.

4. Permit for practicing inland waterway vessel design as prescribed in Decree No. 40/CP dated July 5, 1996 of the Government on ensuring order and safety in inland waterway transportation.

IV. CIVIL AVIATION INDUSTRY

5. Certificate of eligibility to sell air transport documents (air passenger tickets and air waybills) as prescribed in Regulation No. 913/CAAV dated May 10, 1994 of the Civil Aviation Administration of Vietnam on managing the sale of air transport documents in Vietnam.

V. AGRICULTURE AND RURAL DEVELOPMENT

6. Permit for operating plant seed businesses as prescribed in Decree No. 07/CP dated February 5, 1996 of the Government on managing plant seeds.

7. Permit for seed testing as prescribed in Decree No. 07/CP dated February 5, 1996 of the Government on managing plant seeds.

8. Permit for trial production of new seeds as prescribed in Decree No. 07/CP dated February 5, 1996 of the Government on managing plant seeds.

9. Permit for trial production of unapproved seeds as prescribed in Decree No. 07/CP dated February 5, 1996 of the Government on managing plant seeds.

10. Permit for producing plant seeds as prescribed in Decree No. 07/CP dated February 5, 1996 of the Government on managing plant seeds.

11. Certificate of eligibility for producing plant seeds as prescribed in Decree No. 07/CP dated February 5, 1996 of the Government on managing plant seeds.

12. Permit for trial production of new animal feed as prescribed in Decree No. 15/CP dated March 19, 1996 of the Government on managing animal feed.

13. Permit for importing animal feed as prescribed in Decree No. 15/CP dated March 19, 1996 of the Government on managing animal feed.

14. Permit for producing livestock breeding stock as prescribed in Decree No. 14/CP dated March 19, 1996 of the Government on managing livestock breeding stock.

15. Certificate of eligibility for slaughtering livestock and poultry as prescribed in Decree No. 93/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Veterinary Services.

16. Permit for practicing plant protection chemicals as prescribed in Decree No. 92/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Plant Protection and Quarantine.

17. Permit for operating plant protection chemical businesses as prescribed in Decree No. 92/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Plant Protection and Quarantine.

18. Permit for producing plant protection chemicals as prescribed in Decree No. 92/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Plant Protection and Quarantine.

19. Permit for processing, bottling, and packaging plant protection chemicals as prescribed in Decree No. 92/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Plant Protection and Quarantine.

VI. AQUATIC RESOURCES INDUSTRY

20. Permit for trial production of new aquaculture feed as prescribed in Decree No. 15/CP dated March 19, 1996 of the Government on managing animal feed.

21. Permit for trial production of new domestic aquatic species as prescribed in Decree No. 14/CP dated March 19, 1996 of the Government on managing livestock breeding stock.

22. Registration certificate for producing and operating aquatic breeding stock businesses as prescribed in Decision No. 166-TS/QĐ dated June 12, 1991 of the Minister of Fisheries on issuing regulations for the management of aquaculture breeding stock.

23. Permit for trial production of new aquatic veterinary drugs as prescribed in Decree No. 93/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Veterinary Services.

24. Registration certificate for operating aquatic veterinary drug businesses for stores and agents as prescribed in Decree No. 93/CP dated November 27, 1993 of the Government on guiding the implementation of the Ordinance on Veterinary Services.

25. Certificate of meeting food hygiene and safety standards as prescribed in Decree No. 86/CP dated December 8, 1995 of the Government on the division of responsibilities for state management of product quality.

VII. CULTURE AND INFORMATION SECTOR

26. License for establishing film screening and video disc establishments as prescribed in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening the management of cultural activities and cultural services, and intensifying the eradication of serious social evils.

27. Registration certificate for professional artistic performance organizations as prescribed in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening the management of cultural activities and cultural services, and intensifying the eradication of serious social evils.

28. Registration certificate for professional artistic performances as prescribed in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening the management of cultural activities and cultural services, and intensifying the eradication of serious social evils.

29. License for duplicating music tapes and discs as prescribed in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening the management of cultural activities and cultural services, and intensifying the eradication of serious social evils.

30. License for publishing works as prescribed in Decree No. 79/CP dated November 6, 1993 of the Government detailing the implementation of the Law on Publishing.

31. License for copyright service activities as prescribed in Decree No. 76/CP dated November 29, 1996 of the Government guiding the implementation of certain provisions on copyright in the Civil Code.

VIII. HEALTH SECTOR

32. Certificate of meeting the criteria and conditions for practicing massage as prescribed in Circular No. 19/TT-BYT dated December 21, 1995 of the Ministry of Health on guiding the management of massage services.

33. Certificate of meeting the criteria and conditions for producing edible salt as prescribed in Decree No. 19/1999/NĐ-CP dated April 10, 1999 of the Government on the production and supply of iodized salt for consumption.

IX. CONSTRUCTION SECTOR

34. Registration certificate for construction activities as prescribed in Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the issuance of regulations on investment and construction management.