On May 15, 2018, the Government issued Decree No.71/2018/ND-CP detailing a number of articles of the Law on management and use of weapons, explosives and combat gears about industrial explosives and explosives precursors. The Decree took effect since July 1, 2018.
Accordingly, Decree No.71/2018/ND-CP specifies the professional qualifications in industrial explosive materials as follows:
- Managers must have a university or higher degree in chemical specialties, weapons, ammunition, chemical technology in explosives, engineering, mining, mine technology, construction, transportation, irrigation, geophysics or petroleum.
- Persons engaged in the analysis and testing of industrial explosive materials must have intermediate or higher degrees in chemical specialties, weapons, ammunition, chemical technologies in charge of explosives, engineering, mining, mine technology, geology or mine drilling.
- Explosion commanders must have intermediate or higher level qualifications in the technical field. Specifically, for specialized techniques in weapons, ammunition, chemical technology in explosives, engineering, mining, mine technology, construction, transportation, irrigation, geophysics, petroleum or blasting drilling, explosion commanders must have direct use of industrial explosive materials for at least one year for persons with university or higher degrees and at least 2 years for a person have intermediate or college level; For other technical specialties, explosion commanders must have direct use of industrial explosive materials for at least 2 years for persons with university or higher degrees and at least 3 years for a person have intermediate or college level.
- Mine workers must have a level of primary or higher level in chemical specialties, weapons, ammunition, chemical technology in explosives, engineering, mining, mine technology, construction, transportation, irrigation, geophysics, petroleum or blasting drilling or an intermediate or higher level in other specializations. The miners must have worked in mine service for at least 6 months.
With detailed and specific regulations, Decree No.71/2018/ND-CP is expected to create the necessary legal framework, thereby contributing to screening as well as improving professional qualifications and responsibility of those who work in industrial explosive materials; at the same time, tighten and improve the State management in this field.
On May 7, 2018, the People’s Committee of Hanoi issued Decision No.10/2018/ QD-UBND promulgating regulations on the application of the “one-stop” mechanism and the inter-agency one-stop mechanism in providing service at the pubilc non-business units, enterprises, cooperative units in Hanoi. The Decision took effect since May 17, 2018.
Accordingly, the Decision No.10/2018/QD-UBND stipulates the principle of applying the one-stop mechanism and the inter-agency one-stop mechanism as follows:
- To publicize fully, timely, accessible, easy to exploit and use public service procedures in accordance with Decision of the provincial-level People’s Committee.
- To ensure the prompt and convenient provision of public services to individuals and organizations.
- Ensure close coordination among sections and individuals in the process of providing public services.
- Charge and service charges shall be collected in strict accordance with regulations.
With detailed and specific regulations in principle, Decision No.10/2018/QD-UBND is important in the reform of administrative procedures, improving the efficiency of solving administrative procedures in Hanoi.
On May 8, 2018, the Prime Minister issued Decision No.22/2018/QD-TTg on the formulation and implementation of social conventions. The Decision took effect since July 1, 2018.
Accordingly, Decision No.22/2018/QD-TTg issued some important points as follows:
- Clearly stipulating the treatment of violation conventions (illegal contents contrary to social morality, customs and practices on marriage and family applied in localities which approved by the People’s Council of the provincial-level or other good customs and practices in accordance with the provisions of law or in violation of regulations on voting and approval of social conventions. Accordingly, the violation conventions will be dealt with by the form of suspension, abolition. The competence, grounds and time limit for the settlement of the rural convention or violation convention are clearly stated in this Decision.
- The implementing agencies shall assume the prime responsibility and guide the performance of the tasks of elaborating and implementing social conventions assigned to the Ministry and the Culture, Sports and Tourism Ministry. The Judicial Ministry and the Branch shall have to coordinate in examining and proposing the handling of violation conventions because they contain contents contrary to law, infringe upon human rights and citizenship.
- To set funds for the performance of tasks of formulating and implementing the social conventions along the direction that the state budget shall cover state management activities; the population communities shall self-finance the construction and implementation of the social conventions; encouraging the support, contribution of funds and other necessary conditions in the elaboration and implementation of the social conventions.
Through specific and detailed regulations, Decision No.22/2018/QD-TTg has recognized the legality of a form of law commonly used in many localities, thereby improving the law observance of all citizens, supporting state agencies in dealing with cases that do not have legal documents to adjust.
On May 15, 2018, the Government issued Decree No.68/2018/ND-CP detailing a number of articles and measures to implement the Law on Compensation liability of the State. The Decree took effect since July 1, 2018.
Accordingly, Decree No.68/2018/ND-CP stipulates the compensation liability of the person on duty causing damage as follows:
– If the person on duty wrongfully causes damage, but not to the extent of being examined for penal liability, he/she shall have to repay:
– If the amount of compensation paid by the State exceeds 100 months’ salary of the person on duty, the reimbursement rate shall be 50 months’ salary of such person;
– If the amount of compensation paid by the State from 80 to 100 months’ salary of the person on duty, the reimbursement rate shall be from 40 to under 50 months’ salary, but not exceeding 50% of the compensation amount paid by the State;
– If the amount of compensation paid by the State from 60 to 80 months’ salary of the person on duty, the reimbursement rate shall be from 30 to under 40 months’ salary, but not exceeding 50% of the compensation amount paid by the State;
– If the amount of compensation paid by the State is less than 60 months’ salary of the person on duty, the reimbursement rate shall be equal to 50% of the compensation amount paid by the State.
Salaries to be reimbursed are based salaries multiplied to coefficients according to ranks and grades at the time of issuance Reimbursement Decision; if the person has ceased his/her job, the reimbursement rate shall be based on his/her salary at the time before the leave.
With specific and detailed regulations, Decree No.68/2018/ND-CP plays an important role in raising the sense of responsibility of the person on duty, contributing to the establishment of effective State management apparatus.
On May 09, 2018, the People’s Committee of Hanoi issued Plan No.106/KH-UBND on implementation of the Law on Support for small-and medium-sized enterprises in Hanoi. This plan took effect from the date of its promulgation.
Accordingly, Plan No.106/KH-UBND has set up supporting tasks for small-and medium-sized enterprises in Hanoi as follows:
- Propagate and disseminate the Law on Support for small-and medium-sized enterprises and relevant legal documents;
- Support in accessing to credit;
- Perfect the organizational model and operation mechanism of the credit guarantee fund for small-and medium-sized enterprises in the city according to Decree No.34/2018/ND-CP;
- Support in tax and accounting;
- Support in production premises;
- Support in technology, incubators, technical facilities, common working areas;
- Support in market expansion;
- Support in information, counseling and legal support;
- Support in human resources development;
- Support small-and medium-sized enterprises to convert from household businesses;
- Support small-and medium-sized enterprises to start their creative businesses;
- Support small-and medium-sized enterprises in the city to participate in industrial linkage clusters and value chains
Therefore, it can be seen that the tasks set out in Plan No.106/KH-UBND cover all difficulties that small-and medium-sized enterprises can encounter and propose measures to support them, thereby creating conditions for these enterprises to develop and increase their competitiveness with foreign enterprises.
On May 08, 2018, the Ministry of Information and Communications issued Circular No.04/2018/TT-BTTTT regulating the list of potentially unsafe products and goods under the management of the Ministry of Information Information and Communication. The Circular took effect since July 1, 2018.
Accordingly, Circular No.04/2018/TT-BTTTT regulates the quality management of products and commodities specialized in information technology and tradition as follows:
- The quality management of products and goods on the list of potentially unsafe products and goods under the management of the Ministry of Information and Communication shall comply with the regulations of the Ministry of Information and Communication on technical regulation conformity certification and conformity announcement for products and goods specialized in information and communication technology and relevant technical regulations and standards.
- In cases where technical regulations are amended, replaced or replaced with technical regulations and standards specified in the list of potentially unsafe products and goods under the management of the Ministry Information and Communication shall apply the provisions of new technical regulations. In cases where there are new standards to be amended, supplemented or replaced, new standards shall be applied according to the regulations of the Ministry of Information and Communications.
Therefore, it can be seen that Circular No.04/2018/TT-BTTTT has tightened management over products and goods on the list of potentially unsafe products and goods under the management of the Ministry of Information and Communication, thereby contributing to ensuring safety and security in the field of communications.
On May 14, 2018, the Ministry of Transport issued Circular No.26/2018/TT-BGTVT regulating the conditions and procedures for connection of urban railways, specialized railways to national railway; the connection of urban railways system. The Circular took effect since July 1, 2018.
Accordingly, Circular No.26/2018/TT-BGTVT regulates the procedures of granting railway connection permits as follows:
- Competence to grant Permit for connection to national railways shall belong to the Ministry of Communications and Transport; competence to grant Permit for connection to urban railways belongs to the provincial-level People’s Committees.
- Organizations and individuals want to connect the railway lines shall make a dossier of application, submit the dossier directly or by post to a competent agency. Within 10 working days after receiving complete dossiers as prescribed, competent agencies shall grant Construction Permit according to set forms. In case of failure to issue a decision, a written reply must be made, clearly stating the reasons therefor.
With detailed and specific regulations, Circular No.26/2018/TT-BGTVT is expected to support organizations and individuals who want to connect to the national railway more easily when implementing this activity, thus attracting more investment capital into the development of the railway service system in Vietnam.
On May 14, 2018, the Ministry of Transport issued Circular No.25/2018/TT-BGTVT regulating on crossroads and issuing Permit for construction of essential works within railway land areas. The Circular took effect since July 1, 2018.
Accordingly, Circular No.25/2018/TT-BGTVT regulates the procedures for issuance Permit for the construction of essential works within railway land areas as follows:
- Competence to grant Permit for construction of essential works within national railway land areas shall belong to the Vietnam Railway Department; competence to grant Permit for the construction of essential works within urban railway land areas shall belong to the agencies under the decentralization and authorization of the provincial-level People’s Committees.
- An organization which is an investor of a construction project within railway land areas shall make a dossier of application, submit the dossier directly or by post or send through network to the competent authority. Within 10 working days after receiving complete dossiers as prescribed, competent agencies shall grant Construction Permit according to set forms. In case of failure to issue a decision, a written reply must be made, clearly stating the reasons therefor.
With detailed and specific regulations, Circular No.25/2018/TT-BGTVT is expected to support project investors who want to construct works within railway land areas more easily when implementing this activity, thus attracting more investment capital in the field of infrastructure construction.
On May 07, 2018, the Ministry of Transport issued Circular No.24/2018/TT-BGTVT regulating the construction of train flow charts and traffic management. The Circular took effect since July 1, 2018.
Accordingly, Circular No.24/2018/TT-BGTVT has given priority order types of train on railway as follows:
- Group No.1: Rescue ship;
- Group No.2: Special ships;
- Group No.3: International railways; passenger train runs smoothly; fast passenger train running in the section; fast cargo train runs smoothly
- Group No.4: Normal passenger train; military train, mixed train, workers train; cargo train in segment; short lines; specialized train.
Enterprises dealing in national railway infrastructure and the owners of special-use railroad shall base on the order groups of train to determine the priority order types of train running on national railways, running on special-use railways in the scope of management.
With clear and detailed regulations, Circular No.24/2018/TT-BGTVT has clearly defined the priority order types of train on railway to support enterprises dealing in national railway infrastructure and the owners of railroad as well as the owner of the means of transport are aware of the priority of the means, thereby creating smoothness in the rail traffic.
On May 12, 2018, the Government issued Decree No.65/2018/ND-CP detailing the implementation a number of articles of Railway Law 2017. The Decree took effect since July 1, 2018.
Accordingly, Decree No.65/2018/ND-CP details the list of spare parts, supplies and equipment for railways, including 17 parts for rolling stock and 6 parts for railway infrastructure as well as the expiry date for means of transport on railway as follows:
1. For locomotives, passenger carriages operating on the main lines of national railway, special-use railway or urban railway: No more than 40 years;
2. For freight wagons running on main railway lines of national railway or special-use railway: No more than 45 years;
3. For used imported means of transport on railway: Only used vehicles of 10 years or less may be imported for passenger wagons, locomotives, urban railway wagons and shall not exceed 15 years for freight wagons.
The time for calculating the use duration of a means of transport on railway shall be counted from the time the newly-built means is granted the quality and technical safety certificate by the registry organization or the quality certificate of the manufacturer.
With the detailed and specific regulations, it can be seen that Decree No.65/2018/ND-CP aims to ensure the safety of means of transport on railway, avoiding the use of vehicles which have expired but still put into operation, causing unsafety to the railway.