On January 23rd, 2019, the Ministry of Transport (“MoT”) issued Circular No. 04/2019/TT-BGTVT on regulations on road and patrol weeks to protect road traffic infrastructure. Circular No. 04/2019/TT-BGTVT takes effect from March 28, 2019, replacing the Circular No. 47/2012/TT-BGTVT dated November 12, 2012 of the MoT regulating the week examining and inspecting and protecting road traffic infrastructure.
Circular No. 04/2019/TT-BGTVT detailing the tasks of road patrol staff for the following contents: management and protection of road traffic infrastructure; inspect and handle road works damage; work to ensure traffic order and safety and when road works occur or signs of danger do not ensure safety for exploitation and use.
Time for patrolling, checking each position of the project within the assigned national road segment: not less than 1 time/2 days under normal conditions; not less than 1 time / 1 day in the rainy season, on the road section, there is a risk of damage to the project, affecting safety in exploitation and use; The road section has traffic in transportation exceeding the design flow. In case of necessity (the days of flood and flood, bridges with complicated structures, badly damaged works), road construction managers require regular maintenance and operation of public works. Road construction increases the number of times of road times compared to the regulations.
The length of road patrol personnel is assigned to perform tasks depending on the size and nature of works and means of transport of road patrol workers but not exceeding the prescribed level: for roads of grade I and II: 25 km / person; for grade III roads: 30 km / person; For roads of grades IV, V and VI: 35 km / person.
Regarding road patrol work, the Circular stipulates that checking on assigned roads at least 01 time / week, increasing the number of patrolling times in cases where damaged road sections affect traffic safety, landslides, floods cause flooding or risk of landslides, weak bridges and road sections that are potentially at risk of traffic insecurity.
Circular No. 04/2019/TT-BGTVT specifying and detailing the responsibilities for units performing regular maintenance work and operation of road works; duty of the road patrolman; responsibilities of road managers and users and responsibilities of road management agencies. Thereby, ensuring the smoothness of arterial roads, protecting transport infrastructure, contributing to reducing traffic accidents, promoting economic and social development.
On March 20th, 2019, the Government issued Decree No. 29/2019 / ND-CP guiding Clause 3, Article 54 of the Labor Code on licensing of sublease activities, deposits and work lists. be allowed to sublease labor. This Decree has a force since May 5, 2019.
Accordingly, Decree No. 29/2019 / ND-CP has some outstanding contents as follows:
In terms of licensing conditions, according to Article 5 of Decree 29/2019 / ND-CP, the legal representative of an enterprise conducting labor sublease activities must ensure the following conditions:
As a business manager;
No criminal records;
Having worked in the field of labor sublease or labor supply for at least 03 years (36 months) or more within 5 consecutive years before applying for a license.
Enterprises have deposited 2,000,000,000 VND (two billion Vietnam Dong) at commercial banks or foreign bank branches established and operating legally in Vietnam.
Regarding the authority to grant, extend and revoke licenses, according to Article 6 of Decree 29/2019/ND-CP belongs to the Chairman of the People’s Committees of provinces and cities directly under the Central Government where enterprises are headquartered.
Regarding the work list to be performed for labor sublease, including 20 jobs is shown in Appendix I Decree 29/2019/ND-CP.
The promulgation of Decree No.29/2019/ND-CP guiding the contents of labor sublease has created unity in awareness and management of this field. At the same time, the Decree is also a clear legal basis for enterprises to have bases to participate in the field of labor sublease.
On January 28th, 2019, the Ministry of Finance issued Circular No. 07/2019/TT-BTC regulating the application of priority regimes in the implementation of customs procedures, customs inspection and supervision of goods import and export goods of the enterprise took effect on March 7th, 2019.
Accordingly, Circular No. 07/2019/TT-BTC has the following outstanding contents:
Enterprises are given priority in carrying out customs procedures, customs inspection and supervision for import and export goods of enterprises. Specifically:
Priority given by customs authorities and port and warehouse business agencies to carry out procedures for goods delivery in advance, with priority given to prior supervision;
Enterprises are allowed to bring imported goods to their warehouses for preservation while waiting for specialized inspection results, unless specialized inspection law stipulates that goods must be checked at the border gates.
Receive tax refund in advance, check later.
The General Department of Customs assesses and concludes on the recognition of priority enterprises.
Thus, Circular No.07/2019/TT-BTC guided the priority regime in the implementation of customs procedures, customs inspection and supervision of import and export goods of enterprises.
On March 11th, 2019, Ministry of Industry and Trade (“MIT”) issued Circular No. 05/2019/TT-BCT amending and supplementing a number of articles of Circular No. 16/2017/TT-BCT dated September 12th, 2017 of the MIT regulates the project development and the model power purchase contract applies to solar power projects. The Circular takes effect from April 25th, 2019.
Accordingly, the Circular No. 05/2019/TT-BCT amended and supplemented the electricity selling price of the solar roof project as follows:
Before January 1st, 2018, the purchase and sale price of electricity was VND 2,086/kWh (excluding value-added tax, equivalent to 9.35 US cents/kWh, according to the central exchange rate of Vietnam dong against the dollar. The US announced by the State Bank of Vietnam on April 10, 2017 is VND 22,316/USD;
As from January 1st, 2018, the electricity purchase and sale prices applicable under the provisions of Clause 1 of this Article shall be adjusted according to the central exchange rate of Vietnam dong against the US dollar announced by the State Bank of Vietnam on the date of the last exchange rate announcement of the previous year.
Thus, the amendment and supplement to the electricity trading price of the solar power project under the new circular is more in line with the growth trend of the economy and the demand of the people.
On January 9, 2019, the Ministry of Industry and Trade issued Circular No. 01/2019/TT-BCT regulating scrap import border gates to take effect on February 22, 2019.
Accordingly, Circular No. 01/2019/TT-BC has the following outstanding contents:
– The import of scraps for production materials is carried out through the border gates as prescribed, except for the land border gates and railway gates.
– The above content does not apply to temporary import, re-export, border-gate transfer, and transit.
Thus, Circular No. 01/2019/TT-BCT clearly stipulates the import of scrap materials, traders import scrap as a production material, thereby creating conditions for individuals and groups. The implementation of these activities is accurate, saving time as well as improving efficiency.
On December 28, 2018, the Ministry of Agriculture and Rural Development issued Circular No. 44/2018/TT-BNNPTNT regulating state inspection of food safety for foods of plant origin. password This Circular takes effect from February 22, 2019.
Accordingly, Circular No. 44/2018/TT-BNNPTNT regulating the competence of state inspection of food safety for exported plant-derived foods belongs to the Regional Plant Quarantine Sub-department or the Control Station. Plant translation at the border gate.
In addition, Circular No. 44/2018/TT-BNNPTNT regulates the inspection order and procedures for food of plant origin, specifically:
1. Organizations and individuals shall submit one set of dossiers according to regulations to competent inspection agencies.
2. Within 1 working day after receiving the dossier, the inspecting body shall consider: if the dossier is valid according to regulations, it shall receive it for settlement; In case the dossier is not valid, notify the organization or individual clearly stating the contents to be supplemented and complete the dossier as prescribed.
3. Within 2 working days from the date of receipt of a complete and valid dossier, the inspecting agency must check the shipment dossier and issue a notice of the inspection results of exported plant-derived foods according to regulations. defined in Appendix II issued together with this Circular or at the request of the importing country.
It can be seen that the issuance of Circular No. 44/2018 / TT-BNNPTNT of the Ministry of Agriculture and Rural Development shows that the authorities are tightening management for export food to protect the health healthy people, ensuring Vietnam’s sustainable development and reputation in the international arena.
On December 31, 2018, the State Bank of Vietnam issued Circular No. 53/2018/TT-NHNN regulating the operation network of non-bank credit institutions. This Circular takes effect from March 1, 2019.
Accordingly, a non-bank credit institution with a period of operation of 12 months or more (from the date of operation opening to the time of proposal) is allowed to establish no more than 3 branches in a financial year when meeting apply the following conditions:
– The actual value of the charter capital as at 31 December of the preceding year is not lower than the legal capital;
– Interest-bearing business activities according to the consolidated financial statements and audited separate financial statements of the previous year preceding the year of the proposal. This condition does not apply to non-bank credit institutions submitting their application for the second year from the date of the opening;
– At the time of the proposal, the competent authority does not apply measures not to expand the area of operation;
– At the time of the proposal does not violate the regulations on the ratio of safety assurance in the operation of non-bank credit institutions;
– The ratio of bad debt to the total outstanding debt as of December 31 of the preceding year preceding the year of a proposal and at the time of the proposal does not exceed 4% or another rate decided by the Governor in each period. ;
– At the time of proposing the Board of Directors, Board of Members, and Supervisory Board to have the number and structure in accordance with the provisions of law, no vacancies of the title of General Director (Director);
– At the time of the proposal does not violate the regulations on the internal control system and internal audit; Asset classification and risk provision.
In addition, this Circular also provides for non-bank credit institutions with an operating time of fewer than 12 months (from the date of opening operation to the time of proposal), it is allowed to establish no more than 2 branches. when meeting the following conditions: The real value of the charter capital at the time of application is not lower than the legal capital; The ratio of bad debt to the total outstanding debt at the latest time of the proposal does not exceed 4% or another rate according to the Governor’s decision in each period; The provisions at Points c, d, e, g, h and i, Clause 1 of this Article.
Thus, through the issuance of Circular No. 53/2018/TT-NHNN, the State Bank of Vietnam has issued Circular No. 53/2018 / TT-NHNN which has detailed and specific regulations on the network. operation net of non-bank credit institutions, thereby creating the basis and conditions for the operation of these organizations to be implemented in the most convenient and accurate way.
On February 19, 2019, the Government issued Decree No. 19/2019/ND-CP stipulating on loan club. This Decree takes effect from April 5, 2019.
Accordingly, Decree No. 19/2019 / ND-CP has the following remarkable contents:
1. The organization of them must comply with the basic principles of civil law prescribed in Article 3 of the Civil Code; their organization is only done for the purpose of mutual assistance among those involved in their relations; they must not organize them to lend heavy interests, deceive assets, abuse the trust in appropriating property, illegally mobilizing capital or other law-breaking acts.
2. Conditions on members: A person who is aged full 18 or older and does not fall into the case of losing civil act capacity, limiting civil act capacity or having difficulties in perceiving and mastering acts according to stipulated in the Civil Code; People from full 15 years to under 18 years of age who have their own assets may be members of their families; in case of using private property, real estate and real estate must be registered to join the family line, they must be represented by a great person. agreed by law; Other conditions as agreed by the participants of their cords.
3. Conditions for ownership of a family: Being a person of full 18 years or older and not in the case of losing civil act capacity, limiting civil act capacity or having difficulties in perceiving and mastering acts according to stipulated in the Civil Code; in case the members organize their own lines, an owner is a person elected by more than half of the total members, unless otherwise agreed by the members; Other conditions as agreed by the participants of their cords.
The owner must make and keep the tontine unless there is an agreement that a member makes and keeps a register. In case their line has no owner, the members agree to assign a member to make and keep the family book.
The owner must notify in writing to the People’s Committee of the commune where he or she resides about the organization of the household line in one of the following cases: Organizing the wire they value the sections at a period of opening them from 100 million dongs or more; held from two lines or more.
4. Line agreement: Must be made in writing and can be notarized or authenticated if required by the participants. In case the wire agreement is amended or supplemented, the amended and supplemented documents must be made according to the above provisions.
5. Procedures for contributing them or receiving annuities: When contributing them, receiving annuities, receiving interests, paying interests or performing other related transactions, the members may request their owners or persons to make and keep their books to grant borderlines. got it.
6. Interest rate: The interest rate in the interest rate shall be agreed upon by the members of the wire or given by each member to be entitled to receive the annuity at each tontine opening but not exceed 20% / year of the total value of the parts they must deduct the value of the parts they contributed over the remaining time of their line. Where the aforementioned limited interest rate is regulated by the competent authority as stipulated in Clause 1, Article 468 of the Civil Code, the adjusted interest rate limit shall apply. In case the interest rate agreed or given by each member to receive them at each period to open them beyond the above limit interest rate, the excess interest rate is not effective.
It can be seen that the Decree No. 19/2019/ND-CP clearly stipulates the legal framework for the activities of families, families, villagers, and wards, thus contributing to eliminating the “black credit” in rural areas. protecting the legitimate rights and interests of participants.
On December 28, 2018, the Ministry of Planning and Investment issued Circular No. 09/2018/TT-BKHĐT guiding the implementation of Decree No. 63/2018 / ND-CP on investment in the form of public-private partnerships. issued by the Minister of Planning and Investment. This Circular takes effect from February 15, 2019.
Accordingly, the selection of project proposal documents in case of having two or more investors and submitting the project proposal documents are stipulated as follows:
When a project has an investor who submits the project proposal dossier, the ministry, branch, provincial People’s Committee receives the project proposal dossier of another investor when the project has the same objectives and location. score for implementation and in accordance with the planning within 10 working days from the date of receipt of the first investor’s application file.
The first criteria for selecting proposals of investors are as follows:
– Meet the conditions for deciding investment policies as prescribed by law;
– The necessity of investment;
– Technical feasibility, including the plan of using space;
– Socio-economic efficiency of the project;
– Financial feasibility of the project;
– Capacity and experience of investors to organize the preparation of pre-feasibility study reports for their feasibility study reports.
Based on the specific conditions and requirements of project implementation, the ministries, branches and provincial People’s Committees shall decide on the evaluation method to compare and select feasible project proposals. and the highest efficiency, which determines the importance between the factors: technical feasibility, socio-economic efficiency of the project, financial feasibility of the project, and capacity and experience of investors to organize pre-feasibility study reports, feasibility study reports proposed by themselves.
Thus, Circular No. 09/2018/TT-BKHĐT already has specific regulations on evaluation criteria for project approval of investors. As a basis for investors to have implementation directions and also a basis for state agencies to assess the suitability of the project.