On September 23, 2019, the Government issued Decree No. 74/2019 / ND-CP amending Decree 61/2015 / ND-CP providing policies on job creation assistance and the National Fund for employment. This Decree takes effect from November 8, 2019.
Accordingly, Decree No. 74/2019 / ND-CP specifies the loan profile from the National Fund for employment, specifically:
For employees: The loan application is certified by the commune-level People’s Committee of the lawful residence; Being subjects of priority defined at Point b, Clause 2, Article 12 of the Employment Law (if any), made according to Form No. 1a and Form No. 1b promulgated together with this Decree;
For production and business establishments, a loan dossier comprises:
– The loan project is certified by the commune-level People’s Committee of the project location, made according to Form No. 2 promulgated together with this Decree;
– A copy of one of the following papers: Enterprise registration certificate; certificate of cooperative registration; cooperation agreement; business household registration certificate;
– Papers proving that the production or business establishment falls into the priority subjects specified at Point a, Clause 2, Article 12 of the Employment Law (if any), including:
+ For production and business establishments employing 30% or more of the disabled laborers: A copy of the Decision on recognition of production and / or business establishments employing 30% of the total number of employees or more are people with disabilities granted by the Department of Labor – Invalids and Social Affairs;
+ For production and business establishments employing 30% or more of the total ethnic minority laborers: List of ethnic minority laborers, copies of identity cards or household registration books or temporary residence book and copies of labor contracts or recruitment decisions of the employees on the list;
+ For production and business establishments employing 30% or more of the total labor force being people with disabilities and ethnic minorities: List of employees who are disabled and ethnic minorities, a paper copy certifying the disability of workers who are disabled by the commune-level People’s Committee, copies of identity cards or passports or family register or temporary residence books of ethnic minority laborers and copies of employment contracts or employment decisions of the employees listed.
In general, the promulgation of Decree No. 74/2019 / ND-CP showing the support from the State to individuals who are workers, production and business facilities is meant to promote job creation, maintain and expand jobs or assist workers to work abroad.
On November 14, 2019, the Government issued Decree No. 88/2019 / ND-CP stipulating penalties for administrative violations in the field of currency and banking. This Decree takes effect from December 31, 2019 and replaces the Government’s Decree No. 96/2014 / ND-CP of October 17, 2014, on sanctions against administrative violations in the field of currency and banking .
In particular, the provisions on sanctioning administrative violations for the violations of the regulations on foreign exchange activities are as follows:
Caution for one of the following acts: Buying and selling foreign currencies between individuals and foreign currencies bought or sold valued at under US $ 1,000 (or other foreign currencies of equivalent value); buying and selling foreign currencies at organizations that are not allowed to exchange foreign currencies but the foreign currency purchased or sold is valued at under US $ 1,000 (or other foreign currency of equivalent value); payment of goods and services in foreign currencies valued at under US $ 1,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of from 20-30 million dong for one of the following acts: Failing to post up the buying and selling exchange rates at transaction locations as prescribed by law; listing exchange rates for buying and selling foreign currencies but the forms and contents of exchange rates are unclear, causing confusion for customers; Buying and selling foreign currencies between individuals, with the foreign currency bought or sold valued at between US $ 10,000 and under US $ 100,000 (or other foreign currency of equivalent value); buying and selling foreign currencies at organizations which are not allowed to exchange foreign currencies but the foreign currency purchased or sold is from USD 10,000 to less than USD 100,000 (or other foreign currencies of equivalent value); payment of goods and services in foreign currencies valued from US $ 10,000 to under US $ 100,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of between VND 10-20 million for one of the following acts: Buying and selling foreign currencies between individuals, with foreign currencies bought or sold with a value of from USD 1,000 to under USD 10,000 (or other foreign currencies with Equivalent value); buying and selling foreign currencies between individuals, with the value of which the foreign currency is bought and sold valued at under US $ 1,000 (or other foreign currency of equivalent value) in case of repeated violations or repeated violations; payment of goods and services in foreign currencies valued at under US $ 1,000 (or other foreign currencies of equivalent value) in contravention of law provisions in case of repeated violations or violations; payment of goods and services in foreign currencies valued from US $ 1,000 to under US $ 10,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of from VND 80-100 million shall be imposed for one of the following acts: Buying and selling foreign currencies between individuals and the foreign currencies bought or sold with a value of 100,000 USD or more (or other foreign currencies of similar value equivalent); buying and selling foreign currencies at organizations that are not allowed to exchange foreign currencies but the foreign currency purchased or sold is valued at US $ 100,000 or more (or other foreign currencies of equivalent value); payment of goods and services in foreign currencies valued at US $ 100,000 or more (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of between VND 30-50 million for one of the following acts: Signing a foreign currency exchange agent contract with an organization not eligible to act as a foreign currency exchange agent; failing to guide and inspect foreign currency exchange agents according to the provisions of law; fail to strictly perform the responsibilities of the foreign currency exchange agent as prescribed by law; acting as foreign currency exchange agent concurrently for two or more credit institutions in contravention of law provisions; transferring, carrying foreign currencies and Vietnamese dong abroad, into Vietnam in contravention of law provisions, except for administrative violations in the field of customs; …
Decree 88/2019 / ND-CP was issued to overcome the inadequacies of Decree 96/2014 / ND-CP on penalties for administrative violations in foreign exchange transactions.
On November 15, 2019, the Government issued Decree No. 89/2019 / ND-CP amending Decree 92/2016 / ND-CP providing for conditional business lines and trades in the field of civil aviation. and Decree 30/2013 / ND-CP on air transport business and general aviation activities. This Decree takes effect from January 1, 2019.
Accordingly, Decree No. 89/2019 / ND-CP stipulates the capital conditions for air transport business enterprises as follows:
Minimum capital (including equity and loans) to establish and maintain air transport business enterprises:
Operate up to 10 aircraft: VND 300 billion;
Operate from 11 to 30 aircraft: 600 billion Vietnam dong;
Operate over 30 aircraft: 700 billion Vietnam dong.
Minimum capital to establish and maintain a common aviation business: VND 100 billion.
Foreign-invested air transport business enterprises must meet the following conditions:
Foreign investors account for no more than 34% of the charter capital;
There must be at least one Vietnamese individual or a Vietnamese legal entity holding the largest charter capital;
In case a Vietnamese legal entity with foreign owned capital contributes capital, the foreign capital contribution shall not exceed 49% of the legal capital of the legal entity.
As can be seen, the Decree 89/2019 / ND-CP issued has created favorable conditions for air transport business enterprises to meet capital requirements. Thereby, increasing competitiveness and opening up opportunities for businesses planning to conduct this business in the future.
On November 12, 2019, the Ministry of Industry and Trade issued Circular No. 22/2019 / TT-BCT providing regulations on temporary suspension of trading in border-gate transfer and temporary import of plywood into Vietnam for re-export to the United States. Circular 22/2019 / TT-BCT takes effect from November 14, 2019.
Accordingly, temporarily suspending business of transiting border gate, trading in temporary import for re-export of plywood:
Suspension of import-export business or temporary import into Vietnam for re-export to the US for plywood goods of heading HS 44.12 according to Vietnam’s List of Export and Import Goods issued together with Circular Circular No. 65/2017 / TT-BTC dated June 27, 2017 of the Ministry of Finance.
For plywood shipments that have undergone temporary import or border-gate customs clearance before the effective date of this Circular, they may continue re-export or border-gate transfer according to the provisions of Decree No. 69/2018 / ND -CP of May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management and current regulations.
In the context that plywood products imported from China are subject to anti-dumping and anti-subsidy duties, the import tax has been raised by 10-25%, the objective of the circular is to strengthen the management of wood export. Glued to the United States to prevent trade frauds on the origin of goods, illegally conveying goods, leading to the risk that the US may apply tightening management measures to Vietnam’s plywood exports. negative on domestic production and affecting the interests of businesses operating in accordance with the law.
On 18/2019 / TT-NHNN, the State Bank issued Circular 18/2019 / TT-NHNN, amending Circular 43/2016 / TT-NHNN, providing consumer loans of financial companies by the Governor of the Bank. State Bank of Vietnam issued. This Circular takes effect from January 1, 2020.
Previously, Circular 43/2016 / TT-NHNN only provided general regulations on measures to urge and recover debts based on criteria that must be consistent with customer characteristics and the provisions of law.
Therefore, in Circular No. 18/2019 / TT-NHNN has more specific provisions on measures to urge and recover debts, namely: “Measures to urge and recover debts in accordance with the characteristics of Customers, the provisions of the law and do not include measures to threaten customers, in which the maximum number of debt reminding times is 05 (five) times / 01 (one) day, the form of debt reminding, time of debt reminding as agreed upon by the parties in the consumer loan contract but must be between 7 (seven) hours and 21 (twenty one) hours; failing to remind debtors, collecting debts, sending information on debt recovery of customers to organizations and individuals that are not obliged to pay debts to financial companies, except at the request of competent state agencies. rights prescribed by law; Customer information security in accordance with the law ”.
In general, the issuance of Circular No. 18/2019 / TT-NHNN is appropriate, meeting current practical requirements, not only to protect individuals and organizations having credit relations at finance companies, but also to the related persons of the above individuals and organizations, in order to limit the negative effects from debt collection measures of credit institutions.
On November 14, 2019, the Government recently issued Decree 86/2019 / ND-CP providing for the legal capital level for credit institutions and foreign bank branches. This Decree takes effect from January 15, 2020.
Specifically, the legal capital level for types of banks and credit institutions is as follows:
1. Commercial bank: 3,000 billion Viet Nam Dong;
2. Policy bank: 5,000 billion Viet Nam Dong;
3. Cooperative bank: 3,000 billion Viet Nam Dong;
4. Foreign bank branches: USD $ 15 million;
5. Financial company: 500 billion Viet Nam Dong;
6. Financial leasing company: 150 billion Viet Nam Dong;
7. Microfinance institutions: 5 billion Viet Nam Dong;
8. People’s credit fund operating in one commune, one town: 0.5 billion Viet Nam Dong;
9. People’s credit fund operating in one ward; people’s credit fund operating in inter-commune, inter-ward and inter-ward areas: 1 billion Viet Nam Dong.
For credit institutions (except citizen’s credit funds), foreign bank branches that have been granted establishment and operation licenses before the effective date of this Decree must ensure their charter capital. actually contributed or provided with at least the legal capital level as from the date this Decree takes effect.
People’s credit funds which are granted establishment and operation licenses before the effective date of this Decree must take measures to ensure their charter capital and the real value of their charter capital is at least equal to the prescribed legal capital level. on, slowest on 6/30/2021.
As of January 15, 2020, in case of issuance of a written decision on changes in administrative boundaries, classification of administrative units of competent state agencies, within a maximum of 24 months from the date of dispatch. a copy of the decision to change administrative boundaries, classify administrative units to take effect, people’s credit funds must take measures to ensure that their charter capital and actual value of charter capital are at least equal to legal capital as prescribed above.
The Decree has established a clear and specific legal framework, improving the quality of operations of credit institutions and foreign bank branches, making the State’s management activities more effective.
On October 10, 2019, the Government issued Decree 77/2019 / ND-CP on the Cooperation Group replacing Decree 151/2007 / ND-CP and officially took effect on November 25, 2019. Decree 77/2019 / ND-CP stipulates the order and procedures for convening cooperative group member meetings and decisions of cooperative group member meetings as follows:
1. A meeting of a cooperative group member may decide the following matters:
a) Approve the operation results of the cooperative group;
b) Plan for distribution of yields, profits, handling of losses and financial matters of the cooperative group;
c) Business plan in the near future;
d) Handling common property of cooperative group members;
d) Elect, dismiss and remove the leader, the executive board, if necessary;
e) Terminate membership as prescribed at Points d and dd, Clause 1, Article 11 of this Decree;
g) Amend and supplement cooperation contracts;
h) Remuneration, bonuses of the leader, members of the executive board (if any);
i) Other contents proposed by the team leader, executive board or more than thirty-three percent (33%) of the total number of members of the cooperative group;
k) Other cases as provided in the cooperation contract.
2. Order of convening a cooperative group member meeting
In case the cooperation contract does not specify, the order of convening a meeting of cooperative group members is as follows:
a) The leader of the cooperative group (or the person authorized by members of the cooperative group) convenes the member meeting on behalf of the cooperative group. In case of necessity, representatives of more than thirty-three percent (33%) of the total number of cooperative members may request the leader of the cooperative group (or the person authorized by the cooperative group members) to convene. a meeting of members, unless otherwise prescribed by cooperation contracts and relevant laws;
b) A cooperative group member meeting is held when more than seventy five percent (75%) of the total number of cooperative group members attend, in case of insufficient number of attending members, the cooperative group meeting must be postponed. and convene the second cooperative group meeting within 15 working days, from the expected date of the first cooperative group meeting. The second cooperative group meeting must be attended by at least more than fifty percent (50%) of the total number of cooperative group members;
c) Minutes of the meeting of members of the cooperative group must be made in writing and signed by the representative of the members participating in the meeting, specifying the percentage (%) of the number of members agreeing;
d) Within 05 days from the day on which the meeting is organized, the leader of the cooperative group (or the person authorized by the members of the cooperative group) shall notify all members of the cooperative group to the contents of the meeting of general members. cooperation, unless otherwise prescribed by the cooperation contract and relevant laws.
On November 7, 2019, the Minister of Transport issued Circular 43/2019 / TT-BGTVT amending Circular 17/2017 / TBGTVT providing conditions for foreign crewmen to work on Vietnamese seagoing ships. Male. This Circular takes effect from August 1, 2020.
Accordingly, the supplementary Circular stipulates that foreign crewmen working on Vietnamese ships must meet the following conditions:
– Having enough crew health standards and ensuring working age according to the provisions of Vietnamese labor law;
– Having a work permit or written certification not to be subject to a work permit issued by the Employment Department of the Ministry of Labor, War Invalids and Social Affairs, Departments of Labor, War Invalids and Social Affairs;
– Have a seafarer labor contract in accordance with Vietnamese law and comply with the Maritime Labor Convention 2006 of the International Labor Organization. The crew employment contract must be in accordance with the work permit or written confirmation of not belonging to the work permit;
– Having a valid passport for at least 6 months, granted by a competent agency of the country of which the seafarer holds the nationality.
Compared to the current legal documents, Circular 43/2019 / TT-BGTVT has amended and supplemented some new conditions, such as: For cases not subject to issuance of work permits, there must be documents. confirmation issued by the Department of Employment, Ministry of Labor, War Invalids and Social Affairs; Supplementing the conditions on the time limit of Passport must remain valid for at least 06 months by the competent authority of the country of which the seafarer is a citizen; At the same time, the crew members have experience of minimum sea travel time of 36 months.
In addition, seafarers must have adequate professional certificates issued by a Vietnamese competent authority or a competent authority of a country or territory that has been signed an agreement on the recognition of a professional certificate by Vietnam. In case a professional certificate is issued by a competent agency of a country or territory that has been signed an agreement on recognition of a professional certificate by Vietnam according to rules II / 1, II / 2, II / 3, II / 4, II / 5, III / 1, III / 2, III / 3, III / 4, III / 5, III / 6, III / 7, IV / 2, V / 1-1, V / 1-2’s The STCW Convention is required to have a Certificate of Professional Qualification.
Circular 43/2019 / TT-BGTVT has more stringent and detailed regulations on conditions for foreign crewmen working on Vietnamese ships compared to current legal documents.