On August 23, 2019, the Ministry of Finance issued Circular 56/2019 / TT-BTC amending and supplementing a number of articles of Circular 49/2015 / TT-BTC regulating customs procedures for letters, packages and packages of export and import goods sent by designated postal services of enterprises and Circular 191/2015 / TT-BTC stipulating customs procedures for exported, imported and transited goods sent via International courier service. This Circular takes effect from October 15, 2019.
Accordingly, Circular 56/2019 / TT-BTC has the following new points:
Regarding customs declaration, the declarant shall declare electronically. In the case specified in Clause 12, Article 1 of Decree 59/2018 / ND-CP amending and supplementing Decree No. 08/2015 / ND-CP, customs declarants may choose to declare electronically or on sheet. paper customs declaration.
Based on the shipper’s shipping information on the CN22, CN23 declaration, E1QT postal number, records, documents of the Export and Import package, parcels, information provided by the goods owner to the Enterprise and the enterprise’s internal warning information about the discrepancy between the sender’s declaration of goods, the value of the goods and the actual goods and relevant documents (if any) to carry out grouping. goods.
For exported packages and packages, it is divided into two groups:
Group 1: package of exported goods and goods meeting conditions of customs value of under VND 5 million; be exempt from Export tax or subject to Export tax with a tax rate of 0%; Not on the list of items that require export license or specialized inspection.
Group 2: Packages and packages of exported goods not in group 1; packages of exported goods belong to group 1 but the goods owners or their owners request them to carry out customs procedures themselves; packages, packages of goods with internal warning information of the Enterprise; packages and packages of goods suspected of customs value.
For packages, the package of Imported goods is also divided into two groups.
Group 1: Packages and packages of Imported goods with customs value in the import duty-free norm and not belonging to the category of goods subject to Import license, specialized inspection.
Group 2: Packages and packages of Imported goods are not in group 1; packages of imported goods belong to group 1 but the goods owner or his / her authorized person requests the customs procedures by themselves; packages and packages of goods with internal warnings of enterprises; packages and packages of goods suspected of customs value.
In case of lack of information on the declaration CN22, CN23, the number of the E1QT mailing paper or electronic version to divide the group of goods and customs declaration, the enterprise will preview the package, package of goods in the area have surveillance cameras, under the supervision of customs officers. Enterprises shall divide groups and declare customs strictly according to the actual conditions of packages and packages of goods or customs offices shall handle violations in cases where packages or packages of goods are not allowed to be imported in accordance with law.
In case customs authorities detect customs declarations are declared in groups of packages and packages of goods in contravention of regulations, they shall be handled according to the provisions of law. The enterprise stores packages and parcels that are not divided into groups in accordance with regulations in separate areas and continues to carry out customs procedures for packages and parcels of goods in correctly divided groups. Customs offices shall carry out physical inspection of packages and parcels of goods in groups in contravention of regulations when carrying out procedures according to new customs declarations.
Therefore, Circular 56/2019 / TT-BTC guides in detail and amends and supplements a number of articles of Circular 49/2015 / TT-BTC and Circular 191/2015 / TT-BTC and classifies each commodity group. Export and import goods by express mail to create favorable conditions for enterprises to avoid difficulties and difficulties in the process of customs declaration.
On August 21, 2019, the Ministry of Health issued Circular 21/2019/TT-BYT guiding piloting family medicine activities. This Circular takes effect form October, 15, 2019.
Accordingly, the family doctor practitioner must meet the following conditions:
• For general practitioners, specialists in clinical systems
– Having been granted a medical examination and treatment practice certificate;
– Meet one of the following cases:
+ Having one of the degrees of resident doctor, specialist I, specialist II, master and doctorate in family medicine major;
+ Having a certificate of training and retraining in family medicine for at least 3 months;
+ Having a certificate of attendance at each batch of study, with the content stated in the certificate or credit or training program on family medicine with a total duration of at least 3 months.
• For preventive medicine doctors:
– Having been granted a medical examination and treatment practice certificate;
– Having a certificate of training and retraining in family medicine for at least 3 months.
When fully satisfying the above conditions, the general practitioner and the clinical specialist shall be entitled to medical examination and treatment for family medicine; Preventive medicine doctors are allowed to participate in medical examination and treatment of family medicine at commune, ward and township health stations (line 4).
• For those who have been granted medical examination and treatment practice certificates and have conducted family medicine examination and treatment activities before October 15, 2019 (the effective date of this Circular), they may continue to operate. and be responsible for re-training and continuing training to update family medicine knowledge for at least 03 months.
In summary, the specific and strict regulation of professional qualifications, family medicine training certificates for people performing family medicine examination and treatment activities contributes to improving the quality, effectiveness of care, examination and treatment.
On August 20, 2019, the Politburo issued Resolution 50-NQ / TW on the orientation to complete institutions, policies, improve the quality and effectiveness of foreign investment cooperation by 2030. This Resolution takes effect on 8/20/2019.
Accordingly, Resolution 50-NQ / TW has the following outstanding contents:
– Completing general institutions and policies on foreign investment;
– Completing institutions and policies to attract investment;
– Completing institutions and policies to protect and promote investors’ responsibilities;
– Completing institutions of policies on investment management and supervision;
– Innovating and improving the effectiveness of investment promotion;
– Improve the effectiveness and efficiency of state management of foreign investment.
Thus, Resolution 50-NQ/TW has set out the main tasks and solutions that state management agencies need to perform to create an environment to attract foreign investors to invest in Vietnam.
On August 15, 2019, the Government has issued Decree 69/2019 / ND-CP on the use of public assets to pay investors when implementing work construction investment projects in the form of a Build – Transfer contract (BT Project). This Decree takes effect from October 1, 2019.
Accordingly, the use of public assets to pay for investors implementing BT Projects must comply with the following principles:
The use of public assets to pay to investors implementing BT Projects must ensure:
a) Comply with regulations of law on management and use of public properties, land, state budget, investment and construction.
b) The selection of investor implementing BT project in the form of open bidding according to the law on bidding.
c) Only be implemented after the competent state authority permits it as prescribed by law.
The use of public assets to pay for Investors implementing BT Projects is implemented on the principle of parity, the value of BT Projects is equivalent to the value of public assets paid; is determined as follows:
a) The value of public property is determined according to the market price in accordance with law at the time of payment as prescribed in Clause 4 of this Article.
b) The BT Project value is determined according to the bidding results.
The use of public assets to pay for investors implementing BT projects must be summarized and reflected into the state budget according to the provisions of the law on the state budget; Specifically:
a) The central properties under central management are aggregated and reflected in the central budget.
b) For locally managed public properties, it is aggregated and reflected in the local budget.
The time for payment of BT Project in case of payment by land fund or working office is the time when the People’s Committee of the province or city directly under the Central Government (hereinafter referred to as the provincial People’s Committee) ) Issuing decisions on land allocation and land lease to investors. Time of payment of BT Project in case of payment with infrastructure assets and other types of public property is the time when the competent state agency issues a decision to hand over the property to the investor.
The loan interest in the financial plan of the BT contract for the value of the BT project work is completed on schedule and terminated from the time the competent state agency issues a decision on land allocation. , leasing land, delivering assets to Investors.
The delivery of public assets for payment to Investors implementing BT Projects is done after the BT Project is completed or implemented concurrently with the volume of BT Project construction completed according to The schedule is determined by a competent state agency according to the provisions of law on investment and construction.
The promulgation of Decree 69/2019 / ND-CP, which prescribes the principles of payment of BT projects by public assets, aims to provide a way and basis for the concretization and application of laws in the use of state assets. Then, strengthening transparency in state management of public assets and strengthening trust among the people.
On August 8, 2019, the Ministry of Finance issued Circular No. 50/2019 / TT-BTC prescribing the Auction Guide for the auction of shares and receivable debts of state enterprises with the function of buying, selling and handling. The loan takes effect on October 1, 2019.
Accordingly, Circular No. 50/2019 / TT-BTC has the following outstanding contents:
– Subjects of application of this provision include: State enterprises with the function of buying, selling and handling debts (hereinafter referred to as debt trading enterprises); Joint-stock companies (unlisted or registered for trading on stock exchanges; already listed or registered for trading but not performing transactions on stock exchanges), at the same time having contributed capital and receivable debts of debt trading enterprises; Organizing auctions; Investors participating in the purchase of shares with debt receivables; Other organizations and individuals related to the transfer of capital together with receivable debts.
– Debt purchase and sale enterprises shall transfer the shares lots together with their receivable debts according to the business plans and plans approved by the Members’ Council or the company presidents according to their prescribed competence.
– Auction order: The Board of members or the company’s President of the debt trading company shall decide the auction price of the share lot with receivable debts but not lower than the starting price of the share lot plus. with the reserve price of receivable debts; Organize the auction of shares with debt receivables; Compilation of auction documents of shares with receivable debts; Information disclosure; Conducting auction; Determining auction results; Handling auction results.
Therefore, Circular No. 50/2019 / TT-BTC provides detailed guidance on the order and procedures for conducting auction of shares with receivable debts of state enterprises with the function of buying, selling and handling in debt collection.
On September 9, 2019, the Chief Justice of the Supreme People’s Court announced three criminal cases under Decision No. 293 / QD-CA, including the No. 28/2019 / AL case law on ” murder in a state of agitation “. The case law was applied in the hearing from October 10, 2019.
Some notable contents of the case law No. 28/2019 / AL:
Case law: The victim committed a series of illegal acts to attack the defendant continuously and prolonged, causing the defendant to be psychologically inhibited and mentally agitated. In a state of incontinence, the defendant pierced the victim with a knife to escape the attack. The defendant is not fully aware of the nature and extent of danger of the acts he has committed. The consequences lead to death;
Consistent judgment of courts of all levels:
Criminal record of first instance No. 14/2017 / HSST dated May 9, 2017 of the People’s Court of Dak Lak province penalizing defendant 02 (two) years 06 (six) months of imprisonment on charges of “Murder in state the spirit is strongly agitated ”
Appellate criminal sentence No. 200/2017 / HSPT dated August 10, 2017 of the Supreme People’s Court in Da Nang, revising the first-instance judgment on penal liability and sanctioning the defendant for 07 (seven) years jail for “Murder” charges.
Judgment of the Council of Judges of the Supreme People’s Court:
The victim is the one who caused, attacked the defendant first;
Attack behavior of the victim takes place continuously with increasing levels
The acts of the victim are illegal, infringing on the physical safety of the defendant;
In a state of agitation leading to a loss of self-control, not fully aware of the nature and severity of their acts, the defendant pierced the damaged chest with a knife to escape the attack;
The appellate court judged that the defendant was mentally agitated, but not to the extent of strong agitation, not yet an objective and comprehensive consideration of the causes and course of the incident as well as the severity serious and continuous acts of unlawful acts of victims, thereby transferring the offense from “Murdering in a state of strongly agitated spirit” to “Murdering” with respect to the accused.
The announcement of the 28/2019 / AL case law of the Chief Justice of the Supreme People’s Court has created an important legal foundation, unifying how to identify crimes for the crime of ” murder in a state of agitation “, contributing to ensuring that the Court’s judicial work is fair, right person, right crime.
On August 30, 2019, the Government issued Decree No. 71/2019 / ND-CP stipulating sanctions against administrative violations in the field of chemicals and industrial explosives. Decree No. 71/2019 / ND-CP (hereinafter referred to as “Decree”) takes effect from October 15, 2019. This Decree expires 02 previous Decrees: Decree No. 163/2013 / ND-CP and Decree No. 115/2016 / ND-CP.
Highlights of the Decree:
– Removing “fertilizer” from the scope of regulation of the Decree.
– More detailed subjects subject to the Decree instead of just general provisions are Vietnamese organizations and individuals and foreign organizations and individuals as previous Decrees. At the same time, adding a new object as Business Household will be applied as the same regulations as for individuals.
– Adding some new remedies such as: Forced cancellation of inspection results of chemical safety training of organizations and individuals engaged in chemical activities; Forced recycling of home-made electric and electronic products with toxic chemical content in excess of the permitted content limit; Forced recycling of insecticidal and germicidal preparations for domestic and medical use is also capable of recycling ….
– The number of violations in the field of chemicals is more, more specific and detailed than previous Decrees. Specifically: For violations in the field of chemicals specified in 48 articles, while in the old Decree only included 5 articles (up 44 articles).
– Competence to sanction administrative violations: Unifying all subjects with competence to sanction administrative violations scattered in the previous 2 Decrees, specifically: Chairmen of People’s Committees at all levels ; Inspect; Police; Customs; Market management; Borderlands security; Vietnam Coast Guard.
The values that Decree No. 71/2019 / ND-CP brings:
– Collect all the previous regulations governing management and sanctions in the field of chemicals and industrial explosives lying in separate Decrees and Amendments to amendments, together Best.
– The provisions of the Decree are stipulated in a clearer and more systematic manner than the previous Decrees, which makes it easier and easier to search and grasp the content of documents. , increased application efficiency simultaneously shows progress in state legislative techniques.
– Regulations supplementing more regulations to regulate violations in the field of chemicals and industrial explosives. Help increase the efficiency of state management activities in the field of chemicals and industrial explosive materials when the situation of the violations is getting more and more complex and causing great damage to society. from breaching regulations in storage operations, using unsafe industrial chemicals and explosives.
On September 3, 2019, the Minister of Culture, Sports and Tourism issued Circular No. 08/2019/TT-BVHTTDL stipulating the process of judicial expertise for cultural products. This Circular takes effect from November 15, 2019.
Accordingly, this Circular prescribes the judicial expertise process to conclude cultural professional issues for cultural products (except relics, antiques and copyright and related rights domains) according to solicit by procedure-conducting bodies, persons conducting legal proceedings or at the request of persons requesting judicial expertise. As follows:
Step 1: Receive requests, solicit expertise
Judicial experts or judicial expertise organizations shall receive solicitation and request for assessment together with expertised objects, relevant documents and objects (if any) for assessment; In case of ineligibility for expertise, they will refuse according to the provisions of law.
Step 2: Prepare to conduct inspection
The judicial expert or judicial examination organization conducts a study of the solicitation, request and specific provisions of relevant laws in order to prepare for a judicial assessment (at the same time select a supervisor) assessors, assign responsible persons and coordinate the assessment). When it is necessary to clarify contents and objects of assessment, request solicitors or request relevant information and documents. The assessment organization conducts object assessment in the form of collective assessment (the number of expert witnesses must be 3 or more). In case of necessity, the assessor shall organize the taking of test results or other professional conclusions before making an evaluation.
Step 3: Conduct an assessment
Judicial experts shall examine the expertised objects and relevant documents to make professional judgments on the expertised objects on the basis of: reviewing the overall contents of cultural products; Examine the characteristics of shapes, sizes, colors, decorations and other relevant characteristics of cultural products.
For expertises who cannot be moved or are difficult to move, the expert witnesses must organize the examination at the requester’s or solicitor’s place of storage. In this case, the assessment organization must be recorded in a minutes and kept in the expertise file.
Step 4: Draw assessment conclusions
Based on judicial expertise results, test results or other professional conclusions (if any), relevant law provisions or general cultural norms, judicial experts shall conclude on inspection object.
Step 5: Hand over assessment conclusions
When the implementation of judicial expertise is completed, the expert witnesses and the judicial expertise organizations must hand over the expertising conclusions to the solicitors or request for expertise.
Step 6: Set up, keep assessment records
Expert witnesses and judicial expertise organizations shall prepare judicial expertise dossiers for cultural products according to law provisions.
On August 26, 2019, the Ministry of Finance issued Circular No. 57/2019 / TT-BTC providing guidance on the mechanism of handling credit risks of credit guarantee funds for small and medium-sized enterprises. This Circular takes effect from October 15, 2019.
Accordingly, Article 13 of Circular 57/2019 / TT-BTC stipulates the handling of security assets for the debts of the guaranteed party at the credit guarantee fund, specifically:
Credit guarantee funds may handle security properties to recover debts when:
a) Subjects considered are customers at risk due to one of the risk review cases specified in Article 7 of this Circular or according to the agreement between the Credit Guarantee Fund and customers in the Debt Collection Agreement and obligors in the signed Debt Guarantee Contract.
b) Debts of customers that have been restructured, frozen, written off, or not yet restructured, frozen, or written off, but the Credit Guarantee Fund has appraised and assessed if the restructuring measures are applied debt, freezing, debt write-off interest, customers also can not repay the principal to the Credit Guarantee Fund as committed.
For the difference between the proceeds from the disposal of security properties and the book value of debts (after subtracting expenses prescribed by law), it will be handled as follows:
a) If the proceeds from the handling of security assets are higher than the book value of debts: the credit guarantee fund shall handle the balance as agreed upon between the credit guarantee fund and customers at the Compulsory Debt Agreement and the guarantor of the signed Debt Guarantee Agreement (if any);
b) In case the proceeds from the handling of security assets are lower than the book value of debts: Credit guarantee funds shall have to continue monitoring and recovering the remaining debts (principals, interests) according to the prescribed regime or considering application of other risk handling measures as prescribed in this Circular.
4. In the case of general collateral for loans and guarantees, the disposal of security assets shall be in accordance with the agreement between the Credit Guarantee Fund and the guarantee accepting party in accordance with clause 3 of Article 33 Decree No. 34/2018 / ND-CP of the Government.
The promulgation of Circular No. 57/2019 / TT-BTC aims to create grounds, bases as well as compliance with the law on handling of security assets for debts of small and medium-sized enterprises at the Credit Guarantee Fund.