The Idea Bank is a compilation of selected feedback by the public received through PEMUDAH Website which might be useful for information and reference purposes. The compilation includes complaints, inquiries and suggestions addressed to various Government Agencies which have been appropriately edited for general viewing.

Please also be informed that the information, relevant acts, rules and procedures provided therein may have been reviewed, revised or updated by the respective Government Agencies. You may want to visit the relevant websites for information or submit your inquiries through our  Feedback Form.

Feedback

Currently Kinta Recovery Recycle facing shortage of Recycle Plastic bags(PE).We have source for supply of reycle plastic scrap bags from Korea.We understand that AP is needed to import this material.Please advise how do we go about obtaining this license.

Reply

GUIDELINES FOR APPLICATION OF IMPORT LICENCE
1. OBJECTIVE

1.1 The purpose of this guideline is to explain the procedures and conditions for the issuance of Import Licence (AP) on plastic wastes under tariff code 39.15.

2. BACKGROUND

2.1 The Prohibition Order on plastic wastes importation under tariff code 39.15 has been transferred from First Schedule to the Second Schedule, Part 1, (Prohibition of Imports) (Amendment) Order 2008, Customs Act 1967 with effect from 1 February 2008.

2.2 The importation of plastic wastes is subject to Import Licence to be issued by Ministry of International Trade and Industry (MITI).

3. ELIGIBLE MANUFACTURERS

 

  1. Manufacturers who undertake recycling activities of plastic wastes for their own use; or
  2. Manufacturers who undertake recycling activities of plastic wastes for local market and export; or
  3. Manufacturers who import plastic wastes that have been cleaned and can be used as raw material directly in the production process of products.

4. CONDITIONS FOR IMPORT LICENCE (AP)

  1. Manufacturers must submit a letter of approval issued by Department of Environment (DOE) to carry out recycling activities;
  2. Imported plastic wastes which are not listed as Scheduled Waste or Hazardous under the Environmental Quality Act 1974, Pesticides Act 1974, and Poison Act 1952;
  3. Importation of product under tariff code 39.15 is not permitted for purposes of re-export under the same tariff code;
  4. Import Licence is required for every consignment or each time plastic wastes are imported under tariff code 39.15.

4.1 OTHER CONDITIONS

  1. Manufacturers must abide by all existing laws of the Country;
  2. Manufacturers are advised to register with the Department Of Solid Wastes Management, Ministry of Housing and Local Government;
  3. Manufacturers are advised to obtain an ISO 14001 certificate issued by bodies accredited by Department of Standards, Malaysia.

5. VALIDITY PERIOD OF IMPORT LICENCE

  1. Import Licence (AP) issued carries a validity period of 3 months from the date of issue.

6. DOCUMENTS FOR APPLICATION OF IMPORT LICENCE

FOR FIRST TIME APPLICATION ONLY

  1. Approval letter from Department of Environment to carry our recycling activities;
  2. Manufacturer Licence from MITI or other government agencies (if available);
  3. For private limited companies:-
    • Memorandum & Articles of Association
    • Form 49, Form 24
  4. For private enterprise or partnership:-
    • Form A
    • Form B
    • Form D
  5. Form 13, Companies Commission of Malaysia (for changes to the name or details of companies)
  6. Check List Form (available on web site www.miti.gov.my)
  7. Customs Form JK69 (available at Percetakan Nasional Berhad );
  8. Invoice /packing list/ proforma invoice/purchase order/ sales agreement;
  9. Bill of lading (if unavailable, manufacturers are required to submit to MITI within 3 days of importation. Failure to do so may affect subsequent application.

FOR SUBSEQUENT APPLICATION

  1. Check List Form (available on web site www.miti.gov.my)
  2. Customs Form JK 69 (available at Percetakan Nasional Berhad );
  3. Invoice /packing list/ proforma invoice/purchase order/sales agreement;
  4. Bill of lading (if unavailable, manufacturers are required to submit to MITI within 3 days of importation. Failure to do so may affect subsequent application.

7. SUBMISSION OF APPLICATION

7.1 Application for Import Licence is to be submitted to:

Director
Import and Export Control Division
Ministry of International Trade and Industry (MITI).
2nd Floor, Block 10
Government Offices Complex
Jalan Duta
50622 Kuala Lumpur
Tel: 03-6203 4817 (Pn Azrilah Abd. Aziz)
03-6203 4814 (En Azlan Shahid)
03-6203 5534 (En Ariffatri )

 

http://www.miti.gov.my/index.php/pages/view/2101

Feedback

How to apply license for budget hotel in Klang and how long will it takes?

Reply

For license application with regard to budget hotel under the jurisdiction of Majlis Perbandaran Klang, you are required to submit your application for evaluation to:-
Pengarah Perlesenan
Jabatan Perlesenan
Tingkat 4, Menara A & M
Garden Business Centre
No 3, Jalan Istana,
41000, Klang,
Selangor.

Tel : +603 – 3375 5555 / www.mpklang.gov.my

Feedback

We hope all the applications for local council are made more transparent by providing details of how to apply. In addition, the status of application must be displayed in the local ouncil home page e.g. DBKL

Reply

Systems in Local Authorities (LA) are fully managed by the respective LA. However, with the implementation of ePBT (at 31 LA to date) the system is capable of displaying the application status on the respective LA’s website. There are a few LAs which have not implemented the system. KPKT with the collaboration of JKT is currently preparing an online ePBT portal for reference, checking and payment purposes. The system is due to be completed end of Janauary 2009.

Feedback

We are planning for a spiral pipe manufacturing facility. Due to the fact that our pipe can go up to 60m length, we need to have our own jetty for transportation of our products. To do so, we need to apply for TOL (from local authority) and Jetty Licence which take 6~9 months. That’s too long for us. We need to know at least whether we can build the jetty in order for us to start constructing the factory as jetty is crucial to our operation. We need to know the approval result in 4 weeks.

Reply

 

    1. TOL or Temperory Ownership License applications can be made at the nearest Land / District Office and in this case at the Klang Land / District Office. All matters relating to the application is under the purview of the Klang Land/District Office. The Klang City Council will only process applications for planning approval if there is any and also when the applicant has got the ‘temperory ownership’/ TOL from the Klang Land/District Office.

 

  1. As such, please forward this matter to the Klang Land/District Office to facilitate the TOL application. For further enquiries, please contact the Klang Land /District Office at 03-3371 1963 / 03 3371 8030.

Feedback

Greatly appreciate your advice on the procedure for inspection by health officers at office premises. We have received more than 3 visits by health officers of Sepang branch to our lounge operated by an independant food operator. On such occasions, there were no formal letter provided nor prior appointment made. In today’s visit, the health officer has submitted a written request for a copy of our contract with the food operator. Are we obliged to provide a copy which contains commercial terms?

Reply

1. One of the activities under Food Safety and Quality program is inspection of food premises. From the report received, the health officers (Health Office KLIA Sepang) is doing their job according to the procedure and power issued under the Food Act 1983 and Regulations 1985.
Under Food Act 1983 and Food Regulations 1985, (section 4 (1) ) an authorized officer may at any time:-

a) Enter any premises which he believes to be food premises and examine any food found therein and take any samples of such food. (section 4 (1) (a))

b) Examine any books, documents or other records found in any food premises that he believes contain any information relevant to any food to which this Act applies and make copies thereof or take extracts therefrom. (section 4 (1) (d) )

c) Demand the production of the National Registration Identity Card, the Business Registration Certificate or any other relevant document which the authorized officer may require.

d) Any owner, occupier or person in charge of any food premises entered by any authorized officer pursuant to this section (section 4 (1) (a) ), or any person found therein, who does not give to the authorized officer all reasonable assistance in his power or furnish him with all the information as he may reasonably require, commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.

Feedback

Suggestion;
1. Consolidation of function of all agencies issuing licences and permits into a single unit.
2. To separate drive self-hire and drive vehicles from being classified as inbound operator.

Reply

The suggestion of consolidating the function of all agencies into a single unit cannot be realised as it will not be sufficient to handle the various problems in the industry.

CVLB currently has representatives from Ministry of Transport, JPJ, Police, DBKL, PUSPAKOM and other non-governmental organisations.

Efforts are on-going to enhance CVLB online licence application system and collaboration between relevant agencies to beef-up enforcement.

CVLB is engaged in talks with Institut Kemahiran MARA to conduct certificate level professional driving courses.

 

Taxis used should not be more than 7 years old to ensure quality and safety.

Feedback

CCM should allow approved company secretaries or lawyers to renew the business registration (Borang E) for and on behalf of their clients by E-Lodgement.

Secretaries/lawyers/public may allow to buy a duplicate (salinan) of Borang 9 (ROC) and Borang E (ROB) through E-Inf.

Reply

The proposal to allow approved secretaries and lawyers to renew the business registration on behalf of their clients through e-lodgement is not in accordance with provisions of the Registration of Businesses Act 1956 (ROBA) and the Registration of Businesses Rules (ROBR) 1957 which only allows person responsible to the business to lodge business documents. Section 2 of the ROBA defines person responsible as- ” ‘person responsible’ includes every director, manager, partner, officer, agent or servant at any time charged either solely or to a substantial extent with the management of a business”.

The law only allows such category of persons who are to a substantial extent in charge with the management of the business to lodge business documents and approved secretaries and lawyers do not fall within this category of persons. Under the ROBR, the owner or one of the partners of the business is requried to complete and sign the application for renewal in the prescribed Form A1 together with payment of the prescribed fee. As such, only the owner or one of the partners, who is the person responsible and is to a substantial extent in charge of the management of business, is allowed to lodge this application.

In order to have access to the electronic Form and to submit application for renewal of business registration via e-lodgement, the owner or partner must first be a registered Public Service Portal (PSD) user and SSM Subscriber. This person will be given an ID and password which act as a personal identification for the person. The ID and password also represent and signify the owner’s or one of the partners’ signature for lodgement of renewal form. The requirement to only allow owner or one of the partners of the business to lodge business document is to ensure security, prevent unauthorised transaction and falsification of information submitted for registration.

Nevertheless, SSM notes that the proposal to allow approved company secretaries and lawyers to act on their clients behalf to renew the certificate of business registration will indeed facilitate and increase the use of the e-ledgement sevices. SSM will consider the suggestion in its review exercise on the current legal framework.

On the second proposal to allow secretaries/lawyers/public to buy duplicate Form 9 and Form E, SSM has developed an e-enfo image service which allows the public to purchase images of company documents online including certificates issued under the Companies Act 1965. This service is already available and offered to the public through SSM e-info services with payment of a fee

Feedback

May I know whether the private ambulance services presently have to be licensed, accredited and certified and if so, by whom or which bodies or agencies.

Reply

    1. At present the stand alone private ambulance services are not being licensed, accredited or certified by the Ministry of Health.
    2. Those private ambulances run by the private hospitals are part of the hospitals service and the hospitals are responsible to ensure their standards and safety.
    3. The Ministry has in its plan to regulate this private ambulance & services under the Private Healthcare Facilities & Services Act 1998 (Act 586) through its regulations 2006. This services has to be gazetted under the Act 586 and standards need to be in place in the regulations.
    4. Currently, these standards are being looked into.
    5. Those private ambulances operators are advised to inform the Ministry on their operations so that it would facilitate them later when regulatory mechanism sets in.
    6. At the same time, they are also advised to have self regulatory mechanism for services provided.
    7. In terms of other aspects such as permit to use special lightings, these are under the Road Transport Dept.

Feedback

 

Kindly let us know whether the licence requirement needs to be complied with if the developer is already selling houses that have cerificate of fitness issued. i.e. Is Schedule G applicable for the houses that already have certificate of fitness

Reply

For your information, any development that is advertised and sold after the issuance of Certificate of Fitness for Occupation (CFO) or Certificate of Completion and Compliance (CCC) is not entitled under the Housing Development (Control and Licensing) Act 1966 [Act 118]. Therefore, no license or advertisement permit is required. But nevertheless, it is advisable that the developer informs the Ministry of the particular project, as it falls under the Build then Sell concept.

The same goes with the Sales and Purchase Agreement contract, any units that have been issued a CFO or CCC is not entitled to use the standard S&P Agreement as stated in Schedule G or H, Housing Development (Control and Licensing) Regulations 1989. This is explained clearly in subregulation 11(1B) [to be read with subregulation 11(1) and 11(1A)] as follows:

“Subregulations (1) and (1A) shall not apply if at the time of the execution of the contract of sale, the certificate of completion and compliance of the housing accomodation has been issued and a certified true copy of which has been forwarded to the purchaser”

For further information, please contact;
Bahagian Pelesenan Pemajuan Perumahan,
Jabatan Perumahan Negara,
Kementerian Perumahan & Kerajaan Tempatan.
03 – 2099 8380

Feedback

 

Request to review renewal of liquor license every 6 months. Extremely inconvenient to renew license every 6 months. Propose renewal of license on a yearly or biennial basis as all the details remain the same. Full amount payable upon submission of application.

Reply

This is in accordance with Section 9(2) of the Excise Act 1976 . Renewal of the licence is done on a half-yearly basis for monitoring and to ensure that the operators of such premises comply with the requirements.

Feedback

 

Propose an online system for license and applications under the Pharmacy Enforcement of Ministry of Health. Also suggest reducing approval time frame which is currently 21 days

Reply

The Pharmacy Services Division in collaboration with the ICT Division of MOH is creating a web-based system called “Sistem Pengurusan Penguatkuasa Farmasi” (SPPF) to simplify procedures for the enforcement officers and the public including those applying for licenses and permits.

The ICT Division of MOH hopes to make the facility available by end of 2008.

The 21 days time frame will also be reduced.

Question 2 :

  • SM should allow approved company secretaries or lawyers to renew the business registration (Borang E) for and on behalf of their clients by e-Lodgement.
  • Secretaries/lawyers/public should be allowed to buy a duplicate (salinan) of Borang 9 (ROC) and Borang E (ROB) through E-Info.

Reply :

The proposal to allow approved secretaries and lawyers to renew the business registration on behalf of their clients through e-lodgement is not in accordance with provisions of the Registration of Businesses Act 1956 (ROBA) and the Registration of Businesses Rules (ROBR) 1957 which only allows person responsible to the business to lodge business documents.

Section 2 of the ROBA defines person responsible as- “person responsible’ includes every director, manager, partner, officer, agent or servant at any time charged either solely or to a substantial extent with the management of a business”.

By virtue of the aforesaid definition, the law only allows such category of persons who are to a substantial extent in charge with the management of the business to lodge business documents and approved secretaries and lawyers do not fall within this category of persons.

Under the ROBR, the owner or one of the partners of the business is required to complete and sign the application for renewal in the prescribed Form A1 together with payment of the prescribed fee. As such, only the owner or one of the partners, who is the person responsible and is to a substantial extent in charge of the management of business, is allowed to lodge this application.

In order to have access to the electronic Form and to submit application for renewal of business registration via e-lodgement, the owner or partner must first be a registered Public Service Portal (PSD) user and SSM Subscriber. This person will be given an ID and password which acts as a personal identification for the person. The ID and password also represent and signify the owner’s or one of the partners’ signature for lodgement of renewal form. The requirement to only allow owner or one of the partners of the business to lodge business document is to ensure security, prevent unauthorised transaction and falsification of information submitted for registration.

Nevertheless, SSM notes that the proposal to allow approved company secretaries and lawyers to act on their clients behalf to renew the certificate of business registration will indeed facilitate and increase the use of the e-lodgement sevices. SSM will consider the suggestion in its review exercise on the current legal framework.

On the proposal to allow secretaries/lawyers/public to buy duplicate Form 9 and Form E, SSM has developed an e-info image service which allows the public to purchase images of company documents online including certificates issued under the Companies Act 1965. This service is already available and offered to the public through SSM e-info services with payment of a fee.

For further queries, contact SSM officials at 03-40476000 or visit SSM website at www.ssm.com.my.

Disclaimer : Malaysia Productivity Corporation ( MPC) shall not be liable for any loss or damage caused by the usage of any information obtained from this web site.
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Last Updated: 16 January 2017
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