On July 18, 2018, the Prime Minister issued Decision No.877/QD-TTg on the issuance of the list of online public services level 3, level 4 for ministries, branches and localities implementing in 2018-2019. This Decision took effect from the date of its promulgation.
Accordingly, Decision No.877/QD-TTg issued the list of online public services will be applied in 2018-2019 in ministries, branches and localities as follows:
1. The number of online public services is most added in Ministry of Information and Communication with 63 public services at ministerial level and 7 services at local level.
2. The number of online public services is added at least in Ministry of Foreign Affairs and the State Bank of Vietnam with just one public service.
3. The addition of online public services is applicable to all ministries and branches have a relation with national budget, citizens and enterprises.
Thus, it can be seen that the Decision No. 877/QD-TTg continues to be a demonstration of the Party and State’s determination to speed up the application of information technology in administrative procedures to ensure publicity, transparency, saving time, expense and effort of the objects and agencies in implementing administrative procedures.
On July 16, 2018, the Prime Minister issued Decision No.868/QD-TTg amending and supplementing Decision No.1168/QD-TTg on July 24,2015 of the Prime Minister approving the program on the provision of public telecommunications services till 2020. This Decision took effect from the date of its promulgation.
Accordingly, Decision No.868/QD-TTg is amending and supplementing the program on the provision of public telecommunications services till 2020 as follows:
1. The estimated budget for implementing the Program is 7,300,000,000,000 VND (Seven thousand three hundred billion Vietnamdong), decreased by 3,700,000,000,000 VND (Three thousand seven hundred billion Vietnamdong) compared to Decision No.1168/QĐ-TTg, this amount shall be guaranteed by the Vietnam Public Telecommunications Service Fund, of which::
– Expenditures for telecommunication infrastructure investments of all component programs accounting for 50% of the total budget for the whole Program;
– Expenditure plan to support a telecommunication enterprise for the development of telecommunication infrastructure in the whole program implementation period shall not exceed 70% of total funding for development investment in telecommunication infrastructure of the Program, except in the specific area or specific task, where only one eligible enterprise can be participated in the implementation of the Program’s tasks;
– The finalization of the tasks of the program shall be effected on the basis of the results of implementation of the enterprise and the approved cost estimate.
2. Contribution levels of telecommunication enterprises to the Vietnam Public Telecommunications Service Fund:
– For service-providing enterprises with network infrastructure, it is 0.7% of the turnover of telecommunication services according to the provisions of law. This contribution was reduced by 0.8% compared to Decision 1168/QD-TTg (1.5%).
– Based on the actual situation, the Ministry of Information and Communications shall submit to the Prime Minister for consideration and adjustment the contribution of telecommunications enterprises to the Vietnam Public Telecommunications Service Fund to ensure the effective implementation of the Program’s tasks in case of necessity.
Thus, it can be seen that the Decision No.868/QD-TTg has been amended in line with the current economic context of the country in order to ensure the balance of the State budget.
On July 19, 2018, the Ministry of Industry and Trade issued Circular No.18/2018/TT-BCT regulating on administrative procedure control activities under the management of the Ministry of Industry and Trade. This Circular took effect since on September 3, 2018.
Accordingly, Circular No.18/2018/TT-BCT regulates the control over the promulgation and implementation of administrative procedures as follows:
1. Regarding the control over the promulgation of administrative procedures
– In the process of proposing the elaboration of legal documents, units under the Ministry are responsible for assessing the impact of administrative procedures. A dossier proposing the elaboration of legal documents of the units under the Ministry must be sent to the Ministry’s Office for commenting before being sent to the Legal Affairs Department for examination.
– In the course of drafting legal documents, units in charge of drafting drafting legal documents shall have to conduct impact assessments, gather comments and submit evaluation of administrative procedures. The Ministry’s Office chaired and coordinated with the unit in charge of drafting legal documents to gather opinions on the contents of administrative procedures in appropriate forms (consultations, conferences, seminars, in written…)
2. Regarding the control over the implementation of administrative procedures
– The Ministry’s Office is responsible for publicizing the Ministry of Industry and Trade’s Decision on announcing administrative procedures on the website of the Ministry of Industry and Trade http://kstthc.moit.gov.vn and sending it to the related units.
– The Ministry’s Office shall have to guide, inspect and urge the units in public posting of administrative procedures.
– The Ministry’s Office takes the lead in professional examination of the implementation of administrative procedures.
By detailed and specific regulations, clear assignment of responsibilities for the dependent agencies, the Ministry of Industry and Trade expects Circular No.18/2018/TT-BCT to ensure the effective implementation of the objectives of administrative procedure reform in the direction of publicity, transparency, simplicity, easy to understand and easy to implement; saving time, cost, effort of the object and the agency implementing the administrative procedures; timely remove the inappropriate administrative procedures, complicated and troublesome.
On July 16, 2018, the Prime Minister issued Decree No.100/2018/ND-CP amending, supplementing and abolishing a number of regulations on business and investment conditions in the fields of state management of the Ministry of Construction. This Decree took effect since September 15, 2018.
One of the most notable changes in Decree No.100/2018/ND-CP amending and supplementing Decree No.59/2015/ND-CP is about the construction practice certificatesas follows:
1. Allowing individuals without practicing certificates to participate in construction activities in the fields suitable to the specialized training.
2. To tighten the provisions on general conditions for the grant of construction practice certificates, specifically:
– Grade II: Having university degrees in the relevant majors, having experience in participating in the work with the contents of application for certificates for 04 years or more;
– Grade III: Having appropriate professional qualifications, having experience in participating in the work with the contents of application for a practicing certificate for 02 years or more for individuals with university degrees; for 03 years or more for individuals with college or intermediate degrees.
Thus, it can be seen that Decree No.100/2018/ND-CP has tightened the regulations on the granting of construction practice certificate to individuals who play a key role in the construction to ensure that the works are built in accordance with the provisions of law.
On June 29, 2018 Supreme People’s Procuratorate issued Decision No.304/QD/VKSNDTC regulating the process of settling the compensation claim of the State in criminal proceedings under responsibility of People’s Procuracy. This decision took effect since July 01, 2018.
Accordingly, with compensation claim content in criminal proceedings under the Procuracy responsibility, Decision No.304/QD-VKSTC provides on component dossier include:
1. Written compensation claim;
2. The judgment or decision has taken legal effect;
3. Documents evidencing identity of the damaged person include one of the following papers: Identity card, citizen identification, passport, household registration book, birth certificate, written certification by the commune People’s Committee of the locality where the damaged person resides or the certification by the agency or organization where the damaged person works in;
4. Documents evidencing the identity of the claimant and proof of his/her status as the representative or heir of the damaged person in cases where the damage sufferer does not directly request the indemnity;
5. Proving documents the actual damages that is compensation claimed and other relevant documents.
Provide detailed guidance on the composition of the dossier, Decision No.304/QD-VKSTC has created favorable conditions for the victims to well implement the right to compensation, at the same time, this is also the basis for the People’s Procuracy at all levels to solve problems arising in practical implementation, from then on, the claims for the victims in the criminal proceedings will be settled.
On June 12, 2018, National Assembly passed Law No.25/2018/QH14 on denunciation. Law of Denunciation in 2018 will take effect from 01/01/2019.
Accordingly, Law on Denunciation 2018 provides on protection of the denouncers as follows:
1. Protection of denunciators is protection of denunciators’ information confidentiality; Protection of their position, job, life, health, assets, honor, dignity (collectively referred to as the protected person). Denunciators are protected their private information, except they disclose themselves.
2. Denunciation solver have responsible for protecting information confidentiality, position, job of protected person that under their management right and other protection content if under their authority. In cases. There they fall beyond their competence, request competent agencies, organizations or individuals to apply protective measures. Agencies receiving and verifying contents of denunciations shall have to protect the information of denunciators.
3. Protection measures are applied as follows:
– Protection of confidentiality of information: Keep confidential full names, addresses, autographs and other personal information of denunciators in the process of exploiting and using information and documents supplied by the denunciators; arranging time and place, select appropriate working methods to protect the information of denunciators when directly working with the the denounced persons, concerned agencies, organizations and individuals.
– Method of protecting denunciators’ position, job: Temporarily suspending or partially or wholly annulling the decision on discipline handling or other decisions infringing upon protected person’s rights and legitimate interests. Restoring the protected person’s working position, job, incomes and other legitimate interests from employment. Arrange other work for the protected person if they agree to avoid being stigmatized or discriminated against.
– Method of protection of denunciators’ lives, health, property, honor, dignity and prestige: taking the protected person to safe place; Request the person who commit acts of infringing upon to the protected person’s life, health, assets, honor, dignity to stop the violation.
Therefore, it can be seen that Law on Denunciation 2018 established clear mechanisms for protecting denunciators, this encourages citizens to exercise their right to denounce and contribute to the protection of the interests of the State, rights and legitimate interests of agencies, organizations and individuals and raise the effectiveness and efficiency of state management activities and stabilize the country’s socio-economic situation.
On May 15, 2018, the Judges’ Council of the Supreme People’s Court issued Resolution No.03/2018/NQ-HDTP guiding the application of a number of provisions of law on settlement of disputes on the handling of bad debts of collateral assets of bad debts in court. This Resolution took effect since July 01, 2018.
One of the prominent features of Resolution No.03/2018 / NQ-HDTP is the regulation on the authorization and re-authorization of individuals and legal persons in initiating lawsuits or taking part in legal proceedings in disputes over the handling of bad debts and security assets of bad debts. Specifically:
1. Individuals are entitled to authorize legal persons or other individuals to participate in legal proceedings at competent courts to settle disputes over the handling of bad debts and security assets of bad debts.
2. Legal persons have the right to authorize legal persons or other individuals to initiate lawsuits or participate in court proceedings at competent courts for settlement of disputes on the handling of bad debts or security assets of bad debts.
3. Individuals or legal persons authorized to re-authorize other legal persons or individuals to participate in legal proceedings if the authorizing party agrees in writing.
In resolving disputes on the handling of bad debts and security assets of bad debts, if the authorization contracts are established before January 1, 2017 between organizations, individuals which have not yet been or are being implemented with content and form in accordance with the provisions of the Civil Code in 2015 and at the time the court accepts the case, there is no dispute about the authorization contract, the court recognized the validity of the authorization contract without requiring the parties to re-establish.
With detailed and specific regulations, Resolution No.03/2018/NQ-HDTP has helped to reduce difficulties and obstacles in the practice of resolving disputes over the handling of bad debts and security assets of bad debts, thereby enabling credit institutions to shorten litigation procedures, save costs, ensure the handling of bad debts, and handle the security assets of bad debts effectively.
On July 13, 2018, State Securities Committee issued Document No.4350/UBCK-PTTT on accepting to adjust to increase the initial margin ratio of the future contract index VN 30 (is a price index of 30 companies listed on the Ho Chi Minh Stock Exchange with the highest market capitalization and liquidity, meeting the criteria of screening). This Document took effect since July 18, 2018.
Accordingly, the State Securities Committee accepted request of Securities Depository Center on adjusting the minimum initial margin ratio for goods of the future contract index VN 30 from 10% to 13%. With the new deposit rate announced, the Clearing Member will have to review and recalculate the collateral value on each investor account to request additional payment if necessary.
Before Document No.4350/UBCK-PTTT took effect, Securities Depository Center applied the minimum initial margin ratio for products of future contract index VN30 are 10%. Accordingly, before conducting a transaction, Clearing Members must submit to the Securities Depository at least 10% of the trading value for open positions in the Clearing Member’s name (including the transaction of the investor).
Therefore, compare with previous documents, it can be seen that, the State Securities Commission tends to tighten margin for futures contract products, however, according to according to the assessment, the current increase is not too high and there is no pressure to pay additional margin for investors.
On July 12, 2018, the Ministry of Information and Communication issued Decision No.1164/QD-BTTTT on the regulation of providing information to citizens. This Decision took effect from the date of its promulgation.
Accordingly, the Decision No.1164/QD-BTTTT contains the following new noteworthy points:
1. On the division of responsibilities
– The Minister is in charge of providing general information to citizens in the field of direct responsibility, the Deputy Ministers shall provide guidance for the provision of information to citizens in the assigned fields.
– The Office of the Ministry is the focal point for receiving information and information delivery requests, the Information Center is responsible for ensuring technical conditions and updating the information at Section on access to information on the Portal of Ministry of Information and Communications.
2. On information disclosure
– For information to be disclosed in accordance with regulations, the units responsible for information creation shall be responsible for reviewing and checking the confidentiality of information and for eliminating unauthorized citizen information, information citizens have access to conditions before publicity.
– The units under the Ministry are responsible for coordinating with the Ministry Office and the Information Center to publish the electronic version in the column on access to information on the Information Portal of the Ministry of Information and Communication. Where the information is published in other categories on the electronic portal, the list of public information must include the information access path.
3. Providing information as required
– The Ministry’s Office shall receive the request for information directly at the Ministry of Information and Communications. Where the information on the request form is not specific and clear, the Ministry’s Office shall guide the applicant to supply additional information according to regulations.
– The Ministry’s Office shall update the request for supply of information in the monitoring book to supply information on request and make a receipt card for information supply, clearly stating the time limit for settling the request for supply of information is 10 working days.
Through detailed and specific regulations on the provision of information to citizens, Decision No.1164/QD-BTTTT was assessed to ensure the right of people to have access to information and at the same time contribute to strengthening the control and management of competent state agencies in the provision of information to citizens.