On May 14, 2018, the Ministry of Planning and Investment issued Circular No.02/2018/TT-BKHDT regulating the implementation of projects on afforestation, protection and development of forests. The Circular took effect since June 19, 2018.
Accordingly, Circular No.02/2018/TT-BKHTT specifies some contents as follows:
- Investors shall sign contracts on afforestation, protection and development of forests with households and groups of households participating in afforestation, including guidance on technical designs and forecasts of approved silvicultural works. Local people, when allocated land for afforestation and forest development, can self-reforest and receive support according to the prescribed norms.
- For forest land allocated to local people for long-term stability, local people are allowed to plant forest. The area planted to the forest will be prioritized for calculating into the project of afforestation, protection and development of forests of provincial level and local people would receive support in accordance with the regulations.
- For afforestation land of equitized agricultural and forestry companies under the Decree No.118/2014/ND-CP by the Government on December 17, 2014, which is owned by the State over 50% of the charter capital, when receive support to implement the afforestation project shall be signed the long-term stable contract with households.
- For the planting of scattered trees, investors shall organize the planting of seedlings or sign contracts on the purchase of seedlings, plan the planting and organize the registration of planting subjects, inwhich clearly stating the planting sites, planting time, crop type.
Therefore, it can be seen that Circular No.02/2018/TT-BKHDT has promptly provided specific guidance on forest protection and development policies in a way that encouraging the implementation of forest protection and development projects, planting forests, zoning for regeneration for investors, and at the same time, creating more jobs for people in the area implemented these projects.
On May 7, 2018, the Government issued Decree No.64/2018/ND-CP stipulating sanctions against administrative violations in the field of livestock breeds, animal feeds and aquatic products. The Decree took effect since June 22, 2018.
Accordingly, Decree No.64/2018/ND-CP stipulates sanctions against administrative violations in the field of animal feed and fisheries as follows:
- The administrative violations in the domain of livestock breeds, animal feeds and aquatic products prescribed in this Decree include: Violations the provisions of Decree No.39/2017/ND-CP on management animal feeds and aquatic products, including violations in production, processing of feeds and aquatic products; sale of feeds and aquatic products; importing animal feeds, aquatic products; testing of feeds and aquatic products; Producing, processing, trading, importing animal feeds and fisheries overdue; Using antibiotics, banned substances in production, trading, import of animal feeds and aquatic products; To use banned substances in breeding and aquaculture; Violation regulations on management and conservation of livestock gene sources; exploiting and preserving precious and rare livestock gene sources; assay and expertise of new livestock breeds; Producing, trading, exporting and importing livestock breeds; managing the quality of livestock breeds;
- For each administrative violation in the field of livestock breeds, animal feeds, aquatic products, organizations or individuals subjected to the principal sanctioning forms shall be warned or fined. The fine level for administrative violation in the field of livestock breeds for individuals is 50 million VND, for violating organizations is 100 million VND. The fine level for administrative violation in the field of animal feeds and aquatic products for violating individuals is 100 million VND, for violating organizations is 200 million VND.
With detailed and specific regulations, Decree No.64/2018/ND-CP plays an important role in preventing and handling processing food for use in breeding and fishery which not ensure food safety, thereby protecting the health of consumers as well as improving the quality of agricultural-forestry-aquatic products exported to the international market.
On May 07, 2018, the Prime Minister issued Decision No.490/QD-TTg approving Program for one commune one product in the period 2018 – 2020 (OCOP). This Decision took effect on the date of its signing.
Accordingly, the OCOP is a program of economic development in rural areas in the direction of internal development and value added; it is the solution and task in the implementation of the national target program on building a new rural area.
The focus of the OCOP is on the development of agricultural, non-agricultural and service-based products in each locality in the value chain, performanced by the private sector (business, production households) and group economy collective.
These goods and services are locally sourced or domesticated, especially regional specialties, on the basis of exploiting comparative advantages in terms of ecological, cultural and genetic conditions, local knowledge and technology. OCOP products are rated in five categories, the highest is five star rating which ensuring international quality standards.
The State plays the role of creating, promulgating the legal framework and policies for implementation; planning the production areas of goods and services; managing and supervising product quality standards; support for educating, training, technical guidance, application of science and technology, branding, trade promotion, product promotion, credit.
It can be seen that, through the approval of Decision No.490/QD-TTg, the Prime Minister is aiming to develop cooperatives, small and medium enterprises to produce traditional products and services which can compete in the domestic and international markets, contributing to the development of the rural economy.
On March 28, 2018, the Ministry of Finance issued Circular No.29/2018/TT-BTC regulating the establishment, management and using funds of Program on development of supporting industries. This Circular took effect since May 11, 2018.
Accordingly, Circular No.29/2018/TT-BTC have some important points as follows:
- Principles for using funds:
– Funds must be used for the right purposes and in accordance with the regime, subject to inspection and control by competent functional agencies;
– Make the final settlement of funds used according to current regulations.
- Conditions for financial support:
– Contents of tasks and schemes conformable to standards and regulations;
– Tasks and schemes approved by competent agencies;
– The unit has invested capital or committed to invest sufficient funds to implement the project has been approved by competent authorities;
– The scheme is not supported by any state budget;
– In the two years before the filing date, one of the following cases has taken the lead in supporting the development of supporting industries with the “failing” test results; without the approval of the Ministry of Industry and Trade, to use the funds of the development of supporting industries not according to the current regulations.
- Contents and levels to be considered for expenditure:
– Connect and support industrial enterprises to become product suppliers for domestic and foreign customers, to attract foreign investment in supporting industries fields: the expense level is from 70% to 100%;
– Support enterprises to apply management systems to meet the requirements of global production chains in corporate governance, production management: the expense level is 100%;
– Support training to improve the quality of human resources to meet the requirements of supporting industries: the expense level is 70%;
– Support research, development, application of technology transfer and renewal in trial production of components, spare parts, raw materials and materials: the expense level is from 50% to 100%;
– Support in the development and release of information on annual supporting industries: the expense level is 100%;
– Expenditure on the management of the program on supporting industries: the expense level is between 1.5% and 4%;
With specific and detailed regulations, Circular No.29/2018/TT-BTC plays an important role in the management and use the State’s funds in support of supporting industrial enterprises.
On April 24, 2018, the Ministry of Construction issued Circular No.03/2018/TT-BXD detailing sanctions against administrative violations in construction investment activities; exploiting, processing and trading minerals for use as building materials; producing and trading construction materials; management of technical infrastructure works; real estate development, housing development, management of home and office use. This Circular took effect from June 12, 2018.
Accordingly, Circular No.03/2018/TT-BXD provides additional sanctions of administrative violations in construction orderly as follows:
- The violating individuals or organizations must stop construction work from the time of making written records of administrative violations;
- The violating individuals or organizations shall have to carry out the procedures for application for construction permits or adjust the construction permits and present persons competent to sanction construction permits granted or adjusted;
- Upon the expiry of the time limit prescribed by law, the violating individual or organization fails to produce the granted or adjusted construction permit, the person with sanctioning competence shall issue a notice on the measure to force the dismantlement of the work .
Therefore, it can be seen that Circular No.03/2018/TT-BXD has tightened the regulations on construction management, thereby implementing the objective of improving the state management efficiency for the project of investment and construction.
On April 24, 2018, the Judges’ Council of the Supreme People’s Court issued Resolution No. 01/2018/NQ-HDTP guiding the application of Article 66 and Article 106 of the Criminal Code on conditional parole. This Rsesolution took effect since June 9, 2018.
Accordingly, Resolution No.01/2018/NQ-HDTP regulates some conditions to be released before the deadline for persons serving imprisonment sentences for serious crimes, very serious crimes, extremely serious crimes specificially as follows:
- The duration of serving the imprisonment sentence has been reduced;
- Committing the crime for the first time;
- There are many advances, good sense of improvement reflected in the good observance of the internal rules of prisons, detention camps and temporary custody houses; to study, labor or reform and must have enough time to classify the serving of fine sentences of up to one year in accordance with the provisions of law on execution of criminal judgments;
- Having a clear place of residence;
- Having served the additional penalty as penalty money, court costs and obligation to compensate for damage;
- Having served at least half of the time-limit for imprisonment; at least 15 years for life imprisonment but reduced to termed imprisonment;
- When considering the release of prisoners before the expiry of the conditional period, careful consideration must be taken to ensure that the release of prisoners before the expiry of the condition does not affect security, social order and safety, with cases of drug offenses, corruption, organized crime, subject matter mastermind, leader, commander, stubborn, opposed, hooligan, dangerous recidivism.
Therefore, Resolution No.01/2018/NQ-HDTP has specified the provisions of the Criminal Code, which is the basis for state management agencies to make decisions on conditional parole transparency. At the same time, the Resolution is also considered as a motive force for those who are serving prison sentences to reform well and soon return to integrate into the community.
On May 02, 2018, the Supreme People’s Procuracy issued Decision No.169/QD-VKSTC promulgating temporary regulations on the exercise of the right to prosecution, controlling on the reception, handling of charges, information on crimes and petition for prosecution. This Decision took effect on the date of its signing.
Accordingly, Decision No.169/QD-VKSTC defines the purpose of the exercise the right to prosecution as follows:
- All denunciations and information on crimes and petitions for prosecution must be fully received, examined, verified and handled in a timely manner; not to offend criminals and offenders, not to make innocent people innocent;
- The reception and settlement of denunciations and information on crimes and petitions for prosecution must be objective, comprehensive, complete, accurate, timely and lawful; violations of law in this work must be detected, overcome and dealt with strictly.
By the temporary regulations on the purpose of the exercise of the right to prosecution, controlling on the reception, handling of charges, information on crimes and petition for prosecution issued together with Decision No.169/QD-VKSTC, The Supreme People’s Court has put forward the basic principles that guide the implementation of the above-mentioned activities, in line with the policy of the Party and the State in building the “close to the people, listen to the people, learn the people, timely serve the legitimate interests of the people.”
On May 02, 2018, the Supreme People’s Procuracy issued Decision No.170/QD-VKSTC promulgating the temporary regulations on the exercise of the right to prosecution, controlling on the the site visit, autopsy, investigation and inspection. This Decision took effect on the date of its signing.
Accordingly, Decision No.170/QD-VKSTC defines the purpose of the exercise the right to prosecution as follows as follows:
- Determining whether or not there is a crime committed for handling according to the provisions of law. In cases where there are people killed, suspected of being killed, dying in water, death due to hanging, death due to toxins, poisonous gas, electric shock, death due to traffic accidents, deaths due to labor accidents and other deaths that have not yet been determined cause the organization of site inspection, autopsy, forensic examination and verification and initial investigation at the site to clarify the grounds for handling followed provisions of law.
- Field inspection, autopsy, investigation and inspection must be timely, objective, comprehensive, complete, accurate and lawful; all violations during the field inspection, autopsy, investigation and inspection must be detected in order to overcome and strictly handle.
- Passing the results of field inspection, autopsy, investigation and inspection to determine whether the crime has shown signs of crime or without signs of crime. In cases where post-mortem examinations, post-mortem examinations, experimental investigations and expertise show that there are signs of crimes, criminal cases must be instituted to conduct investigation according to the provisions of law.
By the temporary regulations on the purpose of the exercise of the right to prosecution, controlling on the the site visit, autopsy, investigation and inspection issued together with Decision No.170/QD-VKSTC, the Supreme People’s Procuracy have set out the basic principles that have meaningful in improving the quality of investigative activities and creating favorable conditions for judicial work “right person, right guilty”.
On April 27, 2018, the Ministry of Transport issued Circular No.21/2018/TT-BGTVT regulating the registration of means of railway transport and moving the means of railway transport in special cases. This Circular took effect since July 1, 2018.
Accordingly, Circular No.21/2018/TT-BGTVT have main contents as follows:
- Regulations on the order and procedures for granting, re-granting, withdrawing or deleting certificates of registration of the means of railway transport operating on national railway, special-use railway or urban railway and the movement the means of railway transport in special cases.
- The time limit for carrying out the above-said procedures shall not exceed 3 working days after the receipt of complete and accurate dossiers. The Vietnam Railway Administration shall have to grant the registration certificate; in case of refusal to grant certificates, the owners shall have to reply in writing, clearly stating the reasons therefor.
- Provisions on special circumstances for moving the means of railway transport:
– To move on the railway to inspect the technical features of the means before the pre-acceptance test, handing over and exploitation;
– Moving on railway from one gathering place to another gathering place for storing and preserving means; moving on the railway carrying out rescue when required.
With specific and detailed regulations, Circular No.21/2018/TT-BGTVT is expected to contribute to improving the management of means of railway transport, thereby facilitating the development of rail traffic.
On May 02, 2018, the Ministry of Transport issued Circular No.22/2018/TT-BGTVT regulating the transport of goods on national railway and specialized railways with rail links to national railway. This Circular took effect since July 1, 2018.
Accordingly, Circular No.22/2018/TT-BGTVT regulates the transport of goods on railways as follows:
- On determining the goods’ name: The transport hirer shall have to correctly declare the goods name at the request of the enterprise. In case of dangerous goods, they must be inscribed correctly in the list of dangerous goods transported by rail. The transport hirer shall be responsible for the consequences arising from incorrect declaration of the goods.
- On the priority of goods transport: The goods received at the same time shall be given priority dangerous goods; corpses, remains; live animals, perishables, fast-drop weight; other types of goods other than those specified above shall be prescribed by enterprises.
- On the packing of goods: Depending on the nature of the goods, the transport hirer must pack properly to ensure that the goods are not lost, reduced in quantity, damaged, reduced in quality or influenced to other goods in the process of loading, unloading and transportation. Goods packed in boxes or packages must be inscribed with trademarks, signs, symbols of goods characteristics (if any), weight, full names of goods, ensuring accuracy and clarity; particularly for corpses, the remains must be escorted and ensured hygiene, epidemic prevention and protection, and adequate papers as prescribed by law.
- On the return of the wagons to the place of loading and unloading: At least two hours before the time of granting the carriage, the enterprise shall have to notify the transport hirer of the quantity and code of the carriages put into the loading and/or unloading road or communication point. When the branch road or special-use road line contracts provide the time of daily vehicle, enterprises shall not need to notify.
As compared with previous circulars, Circular No.22/2018/TT-BGTVT has issued new regulations to overcome remaining difficulties, in order to meet the needs of individuals, enterprises involved in railway freight transport, at the same time express the State’s interest in raising the quality of transport services and creating conditions for the development of rail transport service.