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The Decree 59/2002/nd-Cp: Regarding The Abolition Of A Number Of Licenses And The License Number Of A Replacement By Other Management Methods

Original Language Title: Nghị định 59/2002/NĐ-CP: Về việc bãi bỏ một số giấy phép và thay thế một số giấy phép bằng phương thức quản lý khác

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Decree on the abolition of certain licenses and replace a number of licenses equal to other modalities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Based business law No. 13/1999/QH10 on June 12, 1999;

According to the recommendation of the Minister of planning and investment.

DECREE: article 1. Abolish the following license: 1. License for time for print: a guide to production techniques; product introduction; instructions for use of the goods; leaflet, brochure, product launch, corporate goods specified in Decree 79/CP dated 6 November 1993 detailing the Government's enforcement of the law on publishing.

2. The license of film for time for organizations and individuals in Vietnam in the country the provisions of Decree No. 47/CP on 17 July 1995 by the Government on the organisation and operation of the cinema. For organizations, foreign individuals, including overseas Vietnam, then follow the current rules.

3. Licensed art performance (for artists) the provisions in Decree No. 87/CP on November 12, 1995 by the Government on strengthening the management of cultural activities and cultural services, promote the article except for some serious social evils and decision No. 32/1999/QD-BVHTT DATED 29 April 1999 by the Minister of culture and information issued Regulation of activities of performing arts professionals.

4. disinfection practice Card specified in circular No. 63/1999/TT-bkhcn HERBICIDE on 09 April 1999 of the Ministry of agriculture and rural development on the domestic quarantine.

Article 2.

Replace the certificate qualifies and conditions established private pharmaceutical practice facility (specified in circular No. 01/1998/TT-BYT on 21 January 1998, the Ministry of health guidelines Ordinance on medical practice, pharmacy and Decree No. 06/CP dated 29 January 1994 the Government detailed a number of articles in the Ordinance on medical practice , the private pharmacy) and the certificate of eligible business (trade) (specified in circular No. 02/2000/TT-BYT on 21 February 2000 by the Ministry of health drug business guide prevention and healing for people) with the certificate of eligible pharmaceutical practice apply to all pharmaceutical practice base , irrespective of the economic component.

The Ministry of health, within 30 days from the date of signing this Decree, guide the conditions and procedure for certification of eligibility to practice medicine.

Article 3. Replace some of the following licenses by business conditions do not need a license: 1. Replace the licensed quarantine (specified in circular No. 63/1999/TT-bkhcn HERBICIDE on 09 April 1999 of the Ministry of agriculture and rural development on the domestic quarantine) by the business conditions do not need a license.

The Ministry of agriculture and rural development, within a period of 30 days from the date of signing this Decree, specified business conditions in plant quarantine.

2. Replace the certificate of eligibility to practice veterinary medicine production (as defined in the Charter to manage veterinary attached to Decree No. 95/CP dated 27 November 1993 the Government passed the Ordinance of animal health) by business conditions do not need a license.

The Ministry of agriculture and rural development, within a period of 30 days from the date of signing this Decree, specifying conditions of production of veterinary drugs.

3. Replace the license of film production (Regulation No. 48/CP dated 17 July 1995 by the Government on the organisation and operation of the cinema) by business conditions do not need a license.

Ministry of culture-information, within 30 days from the date of signing this Decree, specifying conditions of film production.

4. Replace the certificate used the substances have strict requirements on labor hygiene (specified in circular No. 05/1999/TT-BYT on 27 March 1999 the Ministry of health guide declaring, registration and certification of used substances have strict requirements on labor hygiene) by business conditions do not need a license.

The Ministry of health in collaboration with the Ministry of labor, invalids and Social Affairs, within 30 days from the date of signing this Decree, specifying conditions for business establishments that use has strict requirements on labor hygiene registration procedures and the use of substances.

5. Replace the qualified certificate, the conditions of production and sales of chemicals, insecticides, preparations used in sterilizing medical and household sector (as defined in decision No 1654/1999/QD-BYT on May 29, 1999 of the Minister of health on issuing regulations chemicals preparations, insect, bactericide used in household and medical fields) by business conditions do not need a license.

The Ministry of health, within 30 days from the date of signing this Decree, specified conditions for production, trading of chemicals, insecticides, preparations used in sterilizing medical and household sectors.

6. Replace the certificate of eligible business (trade) equipment, medical instruments (specified in circular No. 03/2001/TT-BYT on 16 February 2001 the Ministry of health guide to business equipment, medical equipment) by business conditions do not need a license.

The Ministry of health, within 30 days from the date of signing this Decree, specifying the conditions of business equipment, medical instruments.

Article 4. Replace a license by registration, the contract 1. Replace some of the following license by registration, contract: a promotional license) alternative medications (prescribed in decision No. 322/BYT-QĐ dated 28 February 1997 the Ministry of Health issued regulations information, advertising drugs and cosmetics for men) by the Organization, the individual must submit the entire ad records in accordance to the Department of health or the Department of health was the Health Ministry authorization. After 15 days, since getting the record, if the Ministry of health or the Department of health does not have the required text amendments, additional organizations and individuals, such as advertising rights to the content submitted.

The case of the Ministry of health or the Department of health has required text amendments, additional organizations and individuals, to modify, Supplement and sent to the Ministry of health or the Department of health ad content has been modified and supplemented as required. After 5 working days from the date of receiving the advertising content was modified, supplemented, if the Ministry of health or the Department of health does not have the required text amendments, additional organizations and individuals, are the right ads as content was modified, added.

b) replacing cosmetics ads license that directly affect human health (specified in decision No. 322/BYT-QĐ dated 28 February 1997 the Ministry of Health issued regulations information, advertising drugs and cosmetics for men) by the Organization, the individual must submit the entire ad records in accordance to the Department of health or the Department of health is the Health Ministry the authorization. After 15 days, since getting the record, if the Ministry of health or the Department of health does not have the required text amendments, additional organizations and individuals, such as advertising rights to the content submitted.

The case of the Ministry of health or the Department of health has required text amendments, additional organizations and individuals, to modify, Supplement and sent to the Ministry of health or the Department of health ad content has been modified and supplemented as required. After 5 working days from the date of receiving the advertising content was modified, supplemented, if the Ministry of health or the Department of health does not have the required text amendments, additional organizations and individuals, are the right ads as content was modified, added.


c) alternative license workshop introduced the drug (prescribed in decision No. 322/BYT-QĐ dated 28 February 1997 the Ministry of Health issued regulations information, advertising drugs and cosmetics for men) by the Organization, the individual must submit the full dossier workshop in accordance to the Department of health or the Department of health is the Health Ministry authorization. After 15 days, since getting the record, if the Ministry of health or the Department of health does not have the required text amendments, additional organizations and individuals, organized the seminar as the content submitted.

The case of the Ministry of health or the Department of health has required text amendments, additional organizations and individuals, to modify, Supplement and sent to the Ministry of health or the Department of health content seminar has been modified and supplemented as required. After 5 working days, counting from the date of the seminar contents were modified, supplemented, if the Ministry of health or the Department of health does not have the required text amendments, additional organizations and individuals are entitled to followed the seminar content was modified, added.

d) replace the decision of approval of contracts in the water, technology transfer contract technology transfer abroad into Vietnam for investment projects not using state capital and investment projects using state capital worth the equivalent of under 30 thousand us dollars (specified in Decree No. 45/1998/ND-CP on 1st July 1998 of the Government spending about technology transfer) by the business must submit the contracts of transfer of technology (including the appendix if you have one) to the Ministry of science, technology and the environment or the Department of science, technology and Environment Ministry authorisation. After 15 days, since getting the contract, if the Department or the Department does not have the required text amendments, supplements the course contract was approved and in effect.

The case or the Department has required text amendments, supplements, the business must amend, supplement the request and sent to the Ministry or Department of science, technology and the environment of the contract were amended and supplemented. After 5 working days, from receipt of the contract has been modified, added, or if the Department does not have the required text amendments and supplements shall be entitled to execute business contracts were amended and supplemented.

2. The Ministry of health, science, technology and the environment, within a period of 30 days from the date of signing this Decree, specifying the sequence of procedures, the agency receiving the registration application, the contract specified in clause 1 of this article and the hierarchy to manage and supervise the implementation.

Article 5. The Decree has effect after 30 days from the date of signing.

Article 6. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.