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Legal answers
Guiding a number of articles of Law on animal husbandry
Answered

On 30 November 2019, Ministry of Agriculture and Rural Development issued Circular No. 23/2019/TT-BNNPTNT guiding a number of articles of Law on animal husbandry. This Circular comes into effect from 15 January 2019.
Accordingly, the Circular reflects many notable regulations as follows:
1. Decleration of animal husbandry activities
– Organisations, individuals must declare the number of livestock that they raise to commune-level People’s committee from the 25th to the 30th of the last month of each quarter.
2. Safe distance in livestock farming
– Minimum distance from a small-scale animal husbandry farm to a concentrated area for treatment of domestic and industrial waste, is at least 100 meters; and to a school, a hospital, a market, a water source for residential communities must be at least 150 meters.
– The distance from a medium-sized animal husbandry farm to a concentrated area for treatment of domestic and industrial waste is at least 200 meters; and to a school, a hospital and a market must be at least 300 meters.
– The distance from a large-scale livestock farm to a concentrated area for treatment of domestic and industrial waste must be at least 400 meters, and to a school, a hospital, a market, a water source for the community must be at least 500 meters.
– The distance between 2 different livestock farms is at least 50 meters.
3. Safe distance in breeding honey bees
– The location of breeding honey bee is home to at least 50 domestic bees or 100 foreign bees.
– Distance between 2 locations home to domestic bees is at least 1 km; distance between 2 locations home to foreign bees is at least 2 km; distance between a location home to foreign bees and that to domestic bees is at least 2 km.
Circular No. 23/2019/TT-BNNPTNT provides with many detailed regulations about declaration of and safe distance in animal husbandry activities, helping relevant organizations and invididuals to enforce Law on animal husbandry 2018 effectively.

Guidance of digital signature and electronic signing on electronic invoice
Answered

On September 30, 2019, the Ministry of Finance issued Circular 68/2019 / TT-BTC guiding the implementation of Decree 119/2018 / ND-CP providing for electronic invoices when selling goods and providing services.
Accordingly, at Point dd, Clause 1, Article 3, digital signature, electronic signatures of sellers and buyers on e-invoices are prescribed as follows:
– In case the seller is an enterprise or organization, the seller’s CKS on the invoice is CKS of the enterprise or organization; In case the seller is an individual, use an individual’s CKS or an authorized person.
– In case the buyer is a business establishment and the buyer and seller agree upon the purchaser’s satisfaction of the technical conditions for signing the serial number and signing electronically on an electronic invoice made by the seller, the buyer shall sign Numbers, digitally sign on invoices.
– In case of electronic invoices do not necessarily have CKS, electronic signatures of the seller and the buyer comply with Clause 3 Article 3 of this Circular.
Circular 68/2019 / TT-BTC takes effect from November 14, 2019.

Procedure for licensing representative offices of foreign credit institutions
Answered

On December 2, 2019, the State Bank of Vietnam (SBV) issued Circular No.25/2019/TT-NHNN, amending and supplementing a number of articles of the Governor’s Circular No. 40/2011 / TT-NHNN. The State Bank of Vietnam provides for the licensing and organization and operation of commercial banks, foreign bank branches, representative offices of foreign credit institutions and other foreign organizations engaged in activities in Vietnam.
Accordingly, the Circular has supplemented the provisions on the authority of the directors of the State Bank branches in provinces, cities directly under the Central Government, namely: “Issuing licenses, amending and supplementing licenses for representative offices ”(Point b Clause 2 Article 1). The current laws only stipulate the licensing competence of the Governor of the State Bank.
At the same time, it also amended the order and procedures for establishing representative office licenses as follows:
– Foreign credit institutions and other foreign organizations conducting banking activities shall compile dossiers of application for licenses under Article 13 and Article 18 of Circular 40/2011 / TT-NHNN and submit them directly or send via postal services to the State Bank branches in provinces, cities under the central Government’s management (hereinafter referred to as the State Bank branch) where the representative office is expected to locate its head office.
Within 30 days from the date of receipt of the application file for a License, the State Bank branch shall send a written request to the foreign credit institution and foreign organization engaging in banking activities to certify that it has received a complete and valid application file. rate. In case the dossier of application for a License is incomplete and valid as prescribed, the State Bank branch shall send a written request to the foreign credit institution or other foreign organization engaging in banking activities to request the supplementation of the dossier.
– Within 60 days from the date of sending the written confirmation of receipt of the complete and valid file, the branch State Bank shall issue the License as prescribed. In case of refusal to grant a license, the State Bank branch shall issue a written reply to foreign credit institutions and other foreign organizations engaging in banking activities, clearly stating the reason for not granting the License.
According to current regulations, the entity that receives, processes applications and issues licenses is the SBV.
Amending and supplementing a number of articles of Circular 40/2011 / TT-NHNN creates a clear legal corridor for foreign credit institutions, enhancing the role and responsibilities of the State Bank branches in provinces and cities cities under central authority in state management.

Legal News No. 46/2019
Answered

Amending and supplementing a number of contents to guide the implementation of the Law on Insurance Business
Answered

On November 1, 2019, the Government issued Decree No. 80/2019 / ND-CP with the content of amending and supplementing a number of regulations guiding the implementation of the Law on Insurance Business.
Accordingly, an additional important content is the regulations on Insurance ancillary services, according to which, from November 1, 2019, individuals and organizations participating in the provision of insurance ancillary services must meet the conditions prescribed in the above Decree. Specifically:
For individuals providing insurance consultancy services: Being full 18 years or older, having full civil act capacity; University degree or higher in insurance industry. If not, must have a university degree or higher in another major and have a certificate of insurance consulting, which is issued by a training institution that is legally established and operates at home and abroad.
For organizations providing insurance auxiliary services: Having the legal person status, legally established and operating; Individuals directly engaged in insurance auxiliary activities must be full 18 years old and have full civil act capacity; have diplomas and certificates of insurance auxiliaries suitable to the type of insurance ancillary services provided by training establishments that are legally established and operate at home and abroad.
Particularly for individuals directly conducting loss assessment, they must also meet the standards of assessors according to the provisions of commercial law; Individuals directly performing insurance calculation must meet the standards of practicing actuarial practice and be a member of the Association of International actuaries.
Therefore, with the promulgation of Decree No. 80/2019 / ND-CP above, the Government has timely made important amendments and supplements to ensure the compatibility of the legal system in the time of the Law amending and supplementing the effective Law on Insurance Business and the Intellectual Property Law.

The order of issuing decision on revocation of electricity activity license
Answered

On August 26, 2019, the Ministry of Industry and Trade issued Circular No. 15/2019 / TT-BCT amending Clause 1 and Clause 4 Article 12 of Circular No. 36/2018 / TT-BCT dated October 16, 2018. order and procedures for granting and withdrawing electricity activity licenses. This Circular takes effect from October 15, 2019.
Accordingly, Clause 2 Article 1 of Circular 15/2019 / TT-BCT provides for the order of issuing decisions on revocation of electricity activity licenses, specifically as follows:
• If the electricity unit violates Article 37 of the 2004 Electricity Law and the agency that issues the sanctioning decision is also the agency issuing the electricity activity license, the electricity licensing agency shall make decisions on revocation of electricity activity licenses concurrently with sanctioning decisions;
• In case the electricity unit violates Article 37 of the 2004 Electricity Law and the agency that issues the sanctioning decision is not the agency issuing the electricity activity license, the agency issuing the sanctioning decision must notify in writing. electricity licensing agencies shall issue decisions to revoke electricity activity licenses.
• In case of failure to revoke the electricity activity license, the electricity license-issuing body shall reply in writing (clearly stating the reason) to the agency issuing the sanctioning decision.
The stipulation that the agency that issues the sanctioning decision must notify in writing the electricity activity licensing agency in order to enhance their responsibilities, create a uniform and effective state management activity.

New regulations on penalties for land encroachment
Answered

On November 19, 2019, the Government issued Decree 91/2019 / ND-CP on sanctioning administrative violations in the field of land, replacing Decree 102/2014 / ND-CP. The Decree has some new points on administrative sanctions in the field of land. In particular, the Decree specifies the cases and corresponding fines for acts of encroaching on and occupying land in rural and urban areas. Accordingly, for acts of land encroachment can be fined up to 1 billion. As follows:
In case of encroachment or appropriation of unused land in rural areas, the following forms and levels of fine: Fine of 2-3 million VND for the encroached land area, occupying less than 0.05 hectares; a fine of 3-5 million VND for an area of ​​land from 0.05 hectares to less than 0.1 hectares; a fine of from VND 5 to 15 million for an area of ​​land of between 0.1 hectares and under 0.5 hectares; a fine of VND 15-30 million for an area of ​​0.5 to less than 1 hectare; A fine of VND 30-70 million for an area of ​​one hectare or more.
In case of encroaching or occupying agricultural land other than rice land, special-use forest land, special-use forest land, protective forest land or production forest land in rural areas, the sanctioning forms and levels are as follows: Fine an amount of VND 3-5 million for the encroached land area, accounting for less than 0.05 hectares; a fine of between VND 5-10 million and an area of ​​land of between 0.05 hectares and under 0.1 hectares; a fine of from 10 to 30 million dong for an area of ​​land from 0.1 hectare to under 0.5 hectare; a fine of VND 30-50 million for an area of ​​0.5 to less than 1 hectare; A fine of VND 50-120 million for an area of ​​one hectare or more.
In case of encroaching or occupying agricultural land, which is rice cultivation land, special-use forest land, protective forest land or production forest land in rural areas, the sanctioning form and level are as follows: A fine of between VND 3-5 million for encroached land area, occupying less than 0.02 hectares; a fine of VND 5-7 million for an area of ​​0.02 hectares to less than 0.05 hectares; a fine of VND 7-15 million for an area of ​​land of between 0.05 hectares and under 0.1 hectares; a fine of VND 15-40 million for an area of ​​0.1 to under 1 hectare; a fine of VND 40-60 million for an area of ​​0.5 to under 1 hectare; A fine of from VND 60-150 million for an area of ​​one hectare or more.
In case of encroaching or occupying non-agricultural land in rural areas, the sanctioning forms and levels are as follows: A fine of VND 10-20 million if the land area is less than 0.05 hectares; a fine of VND 20-40 million if the land area is between 0.05 hectares and under 0.1 hectares; a fine of VND 40-100 million if the land area is between 0.1 hectares and under 0.5 hectares; a fine of VND 100-200 million if the land area is from 0.5 to less than 1 hectare; a fine of VND 200-500 million if the land area is one hectare or more.
In case of encroachment or appropriation of unused land, agricultural land, non-agricultural land in urban areas, the fine level is equal to 2 times the sanctioning level for the respective land categories specified above and the maximum fine level shall not exceed 500 million VND for individuals, not more than 1 billion VND for organizations.
Decree 91/2019 / ND-CP takes effect from January 5, 2020. With many new additions and aggravating forms of administrative sanctions, the Decree is expected to be able to deter and prevent violations, and “be stronger” in dealing with violations in the field of land.

Principles of specialized inspection of export, import and transit goods
Answered

On January 14, 2019, the Government issued Decree 85/2019 / ND-CP stipulating the implementation of administrative procedures under the national single-window mechanism, the ASEAN single-window mechanism and specialized inspection of Import – Export goods. This Decree takes effect from January 1, 2020. Accordingly, this Decree mentions the principles of specialized inspection of exported, imported and transited goods. Specific content as follows:
a) Applying risk management principles, assessing the compliance with specialized laws of organizations and individuals to ensure the effectiveness and effectiveness of state management and facilitate export and import activities. password, transit.
b) The specialized inspection agency shall carry out the specialized inspection on the basis of corresponding standards and technical regulations applicable to the inspection items announced by the line ministries or sectors on the national single-window portal. Gia.
c) Depending on management requirements, line ministries may appoint a conformity assessment organization to meet the conditions prescribed by law to perform a number of tasks in specialized inspection. .
d) Application of specialized examination exemption or reduction for:
– Goods have been certified standard conformity, standard conformity certification, standard conformity announcement, conformity announcement, certification of the application of advanced management systems according to international standards, regional standards as prescribed. of line ministries;
– Goods with the conformity assessment results recognized under international treaties to which the Socialist Republic of Vietnam is a signatory.
d) Commodities included in the List of exported and imported goods subject to specialized inspection before customs clearance, imported goods subject to specialized inspection after customs clearance in accordance with specialized laws and meeting all requirements. rear axle:
– Having detailed names of goods with HS codes in accordance with the provisions of specialized laws and Vietnam’s List of Imports and Exports;
– Having corresponding standards and technical regulations applied to goods items used as a basis for goods inspection;
– Having prescribed inspection order, inspection procedure, inspection time limit, specialized inspection agencies and designated conformity assessment organizations (if any).
e) Goods included in the List of imported goods subject to specialized inspection before customs clearance meet the requirements of goods management in each period and fall into one of the following categories: causing high unsafe and causing spread of epidemic. diseases, causing harms to human health and life, causing environmental pollution, affecting social morality, traditions and customs, and harming the economy and national security.
f) For goods on the list of imported goods subject to specialized inspection after customs clearance, relevant line ministries shall organize the inspection of imported goods according to the provisions of law; The inspection results are considered to adjust the List of imported goods subject to specialized inspection before customs clearance and assess the compliance of organizations and individuals to decide the form and extent of specialized inspection.

Amend and supplement a number of articles of Circulars related to management and use residence apartment
Answered

Circular No. 06/2019 / TT-BXD (“Circular”) issued by the Minister of Construction will take effect from January 1, 2020. The content of the Circular aims to amend and supplement a number of articles of “Circulars related to apartment building management and use promulgated by the Minister of Construction”. Accordingly, a lot of new content is amended and supplemented. However, this article only focuses on some highlights which are amended and supplemented compared to Circular No. 28/2016 / TT-BXD dated December 15, 2016. As follows:
1. Firstly, more explicit provisions on the definition of Apartment Building:
Circular No. 06/2019 / TT-BXD has more specific explanations than Circular No. 28/2016 / TT-BXD on the definition of apartment buildings, namely: Apartment building is a block of blocks (block). ) independently or in multiple blocks “sharing the same construction structure or engineering construction system” built according to the planning and project dossiers approved by competent agencies.
2. Second, regulations related to extraordinary apartment building meetings:
According to Circular No. 28/2016 / TT-BXD, the ward People’s Committee is responsible for organizing an apartment building meeting, irregular apartment complex when the investor has terminated its operation due to being “dissolved, merged or bankrupt”. However, the Circular No. 06/2019 / TT-BXD has eliminated the case where the Employer terminates its operation due to the merger, accordingly, the Ward People’s Committee will not have to organize condominium meetings, apartment complexes. Abnormal in this case.
3. Thirdly, Disclosure of information about apartment building management units:
Previously, Circular No. 28/2016 / TT-BXD did not specify the activities of disclosing information about condominium operation management units that meet the conditions on functions and capacity to perform operation management. Condominium is a mandatory or optional activity, generally recognized as the condominium operation management unit that satisfies the function and capacity to perform condominium operation. submit the dossier to the Department of Construction where the operation management unit is headquartered or the Housing and Real Estate Market Management Department for consideration and posting information on the web portal of the Department of Construction or the Department of Management home and real estate market. Based on the information posted, the Apartment Building Conference will select the condominium operation management unit to suit the specific conditions of each apartment building or apartment complex.
Circular No. 06/2019 / TT-BXD clearly indicates the disclosure of information about eligible condominium operation units only set out when that unit needs to publish its information on the Portal. Electronic Department of Construction or Department of Housing and Real Estate Market Administration.
As such, Circular 06/2019 / TT-BXD of the Ministry of Construction has issued more specific and detailed regulations than the previous provisions of Circular No. 28/2016 / TT-BXD, this will contribute to supporting the management and use of condominiums become more practical, more effective, and at the same time enhance the autonomy and democracy of the condominium than previous regulations.

The regional minimum wage is applied from 2020
Answered

On November 15, 2019, the Government issued Decree 90/2019 / ND-CP stipulating the regional minimum wage for employees, effective from January 1, 2020, replacing Decree 157/2018 / ND-CP.
Decree 90/2019 / ND-CP stipulates the regional minimum wage applicable to employees working in enterprises as follows:
a) VND 4,420,000 / month, applicable to enterprises operating in the area of ​​region I.
b) VND 3,920,000 / month, applicable to enterprises operating in the area of ​​Region II.
c) VND 3,430,000 / month, applicable to enterprises operating in the area of ​​Region III.
d) VND 3,070,000 / month, applicable to enterprises operating in the area of ​​Region IV.
Accordingly, Enterprises operating in any area shall apply the region-based minimum wage to that area. In case an enterprise has a unit or branch operating in a region with different regional minimum wage, which locality does the unit or branch operate in, applying the region-based minimum wage? there.
When implementing the regional minimum wage specified in this Decree, enterprises must not eliminate or cut wage regimes when laborers work overtime, work at night, work in working conditions. hard, toxic, in-kind allowances for heavy and hazardous job titles and other regimes prescribed by labor law. Other allowances, additions, allowances and bonuses prescribed by enterprises comply with the labor contract, the collective labor agreement or the enterprise’s regulations.
The minimum regional wage level specified in this Decree is the lowest level which is the basis for the agreement between the enterprise and the employee, including the salary paid to employees working in normal working conditions, ensuring adequate normal working hours in the month and fulfilling the agreed labor or work norms must ensure:
Not lower than the regional minimum wage for workers engaged in simple work; (2) At least 7% higher than the regional minimum wage for employees performing vocational training.
Thus, from January 1, 2020, businesses conduct review and adjustment and rebuild the new wage scale to comply with the law. This change in salary is necessary with the change of socio-economy in the past 1 year, creating conditions for employees to have a better life. Many businesses are currently applying wages higher than the regional minimum wage, so changing them does not affect too much.