On January 15, 2019, the Ministry of Industry and Trade issued the Circular No. 02/2019/TT-BCT regulating the development of wind power projects and the model electricity purchase and sale contracts for wind power projects. This Circular takes effect from February 28, 2019.
Accordingly, the Ministry of Industry and Trade has specified the planning of wind power projects to implement the development of wind projects and the conditions for the construction of wind power projects. As follows:
– Development of wind power projects shall be carried out in accordance with the electricity development planning, appraising, submitting to competent authorities for approval and supplementing the electricity development planning for projects not yet included in the planning;
– Operation schedule, the capacity scale of the project phases must comply with the electricity development planning and wind power development planning approved by competent authorities;
– The provincial People’s Committee must update the plan to connect the wind power project to the electricity system to ensure the transmission of the project capacity and the ability to absorb the electricity system in the project area;
– Wind power projects are only started and constructed when meeting the conditions under the law on construction investment management, environmental protection requirements and conditions such as Profile Construction designs are appraised and approved according to current regulations; Power purchase and sale contract signed with the electricity buyer; Having a financial supply contract and a commitment to capital resources to ensure the construction progress is in accordance with the approved schedule in the construction investment project.
It can be seen that the new regulation of the Ministry of Industry and Trade will promote the exploitation, development, and attraction of investors in the field of wind power, contributing to promoting the country’s economy.
On 28/12/2018, Ministry of Natural Resources & Environment promulgates Circular No. 35/2018/TT-BTNMT prescribe criteria for determining and promulgating a list of invasive alien species. This Circular takes effect from 11/02/2019.
Accordingly, from 11/02/2019, Joint Circular No. 27/2013/TTLT-BTNMT-BNNPTNT on 26/09/2013 if Minister of Ministry of Natural Resources and Environment and Minister of Ministry of Agriculture and Rural Development prescribe criteria for determining invasive alien species and issue a list of invasive alien species and issued a list of invasive alien species expired. Instead, the ministries, departments, agencies and people’s committees at all levels, relevant organizations and individuals will apply the criteria stated in Circular No. 35/2018/TT-BTNMT to identify alien species harm.
Different from the Joint Circular 27/2013/TTLT-BTNMT-BNNPTNT, Circular No. 35/2018/TT-BTNMT has added the criteria that need to be evaluated such as: invasive history of species in Vietnam and around the world, species’ resistance in front of weather changesAt the same time, Circular No. 35 also has a fundamental change in the evaluation criteria of invasive alien species. In addition, Circular No. 35 also updates the list of invasive alien species and invasive alien species in Annex 1 and Appendix 2 attached to this Circular.
It can be seen that with promulgation Circular No. 35/2018/TT-BTNMT, Ministry of Natural Resources and Environment has timely updated new criteria to timely evaluate and accurately determine the level of harm to the domestic ecosystem of alien species, since then, there are timely measures to prevent and prevent the invasion and protection of biodiversity in Vietnam.
On 26/12/2018, the government promulgates Decision No. 167/2018/NĐ-CP regulation on the restriction of underground water exploitation. This Decision takes effect from 10/02/2019.
Accordingly, the Government prescribes the plan to organize the restriction of underground water exploitation, which must be specifically formulated for each restricted area and region, including the following contents:
– List of existing mining facilities (licensed, no license) in each region;
– Measures to restrict specific exploitation for each project;
– Plan, the roadmap for implementing each measure to limit exploitation for each construction.
Restricted areas for underground water exploitation are classified into: Restricted area 1; Restricted area 2; Restricted area 3; Restricted area 4; Mixed restricted area.
Organizations and individuals that exploit underground water shall provide information, data related to the exploitation and exploitation activities of the project at the request of the Department of Natural Resources and Environment to serve the delineation of restricted areas; coordinate with the Department of Natural Resources and Environment in determining plans and roadmap to implement measures to limit underground water exploitation and implement measures to limit exploitation of underground water according to the approved plan.
It can be seen that the new regulation of the Government aims to limit the exploitation of underground water in freshwater areas in the territory of Vietnam, not to grant exploration and exploitation permits to build more underground water exploitation projects new to protect underground water resources in our country.
On 28/12/2018, the Ministry of Finance promulgated Circular No. 132/2018/TT-BTC guidance on accounting regime for micro-enterprises. This Circular takes effect from 15/02/2019, application for the financial year that begins or after 01/04/2019.
Accordingly, the subjects applying Circular No. 132/2018/TT-BTC are micro enterprises (are enterprises with no more than 10 employees paying social insurance; annual revenue or capital source of no more than VND 3 billion in the field of agriculture – forestry, fisheries, industry and construction; Having no more than 10 labors paying social insurance and total of revenue no more than 10 billion or total of capital no more than 03 billion dongs if in the field of trade and service), consist of microenterprises paying e corporate income tax by the method calculated on taxable income and method by percentage of sales of goods and services.
Accounting regime for micro enterprises has the following characteristics:
– About organizational structure: Microenterprises are arranged in charge of accounting without having to have a chief accountant;
– About accounting books: Microenterprises are able to build appropriate accounting book forms themselves. If it is impossible to build by itself, use the form and method of recording in this Circular;
– About accounting methods: Microenterprises without demand are not required to open accounting accounts but only write applications on accounting books to monitor revenues and incomes;
– About financial statements: Microenterprises are not required to prepare financial statements to submit to tax authorities. In addition to regulatory reports, micro-enterprises can make accounting reports for corporate governance and management.
It can be seen that, with new points mentioned above, Circular No. 132/2018/TT-BTC is expected to reduce the costs and burdens of personnel, compact in accounting books, solve problems when business households change to business type.
On 28/12/2019, State Audit promulgated Decision No. 03/2018/QĐ-KTNN Instructions on audit evidence. This Decision takes effect from 11/02/2019.
Accordingly, Decision No. 03/2018/QĐ-KTNN regulates the completeness of audit evidence consists of:
– Is the evaluation criteria for the number of audit evidence. The quantity of audit evidence to be collected is influenced by the State Auditor’s assessment of the risk of material errors and the quality of the audit evidence;
– The completeness of audit evidence does not set a specifical number, it depends on the expert judgment of State Audit, it means State Audit has to evaluate factors that directly affect to the completeness such as assessment of the risk of material errors and the quality of the audit evidence collected. The higher-level risk of material errors, the more evidence of audit need to be collected, the higher the quality of each audit evidence, may need less of audit evidence to be collected;
– The completeness of audit evidence ask state auditor has to collect needed evidence to ensure for enough bases for supporting state auditor to giving their evaluation, confirmation, conclusion and audit recommendations;
– Audit evidence has to get the completeness for a state auditor having experience but has not any information before about the audit may take the result of audit procedures that conducted, understand the bases of setting the evaluation, confirm, conclusion and audit recommendations.
It can be seen that the Decision No. 03/2018/QĐ-KTNN has specific guidelines on the adequacy of audit evidence, thereby contributing to the collection, proof, and synthesis of this evidence. will be implemented fully, accurately, openly and transparently.
On December 31, 2018, the State Bank of Vietnam issued Circular No. 50/2018/TT-NHNN regulating documents, procedures for approving the changes of commercial banks, Foreign bank branches are issued by the Governor of the State Bank of Vietnam. This Circular takes effect from February 15, 2019.
Accordingly, Circular No. 50/2018/TT-NHNN stipulates a number of changes related to the name, office of foreign banks and branches of foreign banks. Highlights are the regulations relating to the operation of the head office of commercial banks and foreign bank branches in the same province or city where the bank, bank branches are located, specifically:
1. Application file includes:
a) The written request for change of head office;
b) Resolution or decision of the General Meeting of Shareholders with respect to joint-stock commercial banks, resolutions or decisions of the Members’ Council for limited liability commercial banks with two or more members, Decision of the owner to a one member limited liability commercial bank through the change of the location of the head office; Documents of the parent bank through changing the location of the head office of a foreign bank branch in Vietnam;
c) Documents and documents proving that the commercial bank, foreign bank’s branch has the right to use or will have the legal right to use the office in the new location.
2. Procedures for approval:
a) Submit the application file to change the head office to the State Bank;
b) Within 25 working days from the date of receipt of a complete and valid file, the State Bank shall issue a written approval to request the transfer of the location of the head office of the commercial bank, location of the Foreign bank branch. In case of disapproval, the State Bank shall issue a written reply, clearly stating the reason.
The State Bank’s written approval is valid for 12 months from the date of signing.
It can be seen that the State Bank issued Circular No. 30/2018 / TT-NHNN is expected to create a clear legal basis for commercial banks and foreign bank branches in changing one The number of content related to business registration meets the requirements of economic development today.
On December 28, 2018, the Government issued Circular No. 135/2018/TT-BTC regulating the management of cash, valuable papers and precious assets temporarily deposited and temporarily held by the state treasury. receive preservation. This Circular takes effect from February 15, 2019.
Accordingly, Circular No. 135/2018/TT-BTC has the following outstanding contents:
– Units in the State Treasury system, relevant organizations and State agencies in the delivery and receipt of properties to be preserved with the State Treasury units shall be subject to the provisions of the Circulars.
– .The State Treasury accepts to preserve the property according to the sealed box/bag/package of the property sender; on the sealing of the seal of the sending unit and the signature of the sealer.
– In case the unit sends the preserved assets as cash or foreign currency in cash to the custody account awaiting the handling of the unit, it shall proceed as follows:
a) For cash deposited at the State Treasury: The State Treasury shall count and determine the property value and account it into the temporary custody account awaiting the handling of the unit at the State Treasury according to regulations.
b) For cash and foreign currencies in cash (foreign currencies that the State Treasury has payment accounts in foreign currencies at the Bank) shall be deposited at the Bank: The units directly remit at commercial banks to transfer into the State Treasury account. The unit makes payment according to the instructions of the commercial bank. The State Treasury shall account into the temporary custody account pending the handling of the unit at the State Treasury according to regulations.
Thus, Circular No. 135/2018 / TT-BTC provides detailed instructions on the order and procedures for delivery and receipt of cash, valuable papers and valuable assets temporarily deposited and temporarily kept for state treasuries, thereby contributing to The part helps these activities to be implemented accurately, ensuring publicity, transparency, and efficiency.
On December 26, 2018, the Ministry of Industry and Trade issued Circular No. 57/2018/TT-BCT on guiding the Decree relating to the tobacco business. This Decree takes effect from February 19, 2019.
Accordingly, Circular No. 57/2018/TT-BCT regulates the responsibilities and powers of tobacco business organizations and individuals as follows:
– Coordinate with inspection teams and inspection agencies in the process of checking cigarette business activities at the inspection places;
– Providing records and documents related to tobacco business activities under this Circular;
– Abide by inspection activities of inspection agencies, inspection teams and violation handling decisions of competent agencies;
– Make a report:
+ The situation of overcoming violations in the business process to the inspection agency;
+ The situation of complying with legal regulations on cigarette business activities when requested by competent agencies.
– Maintain conditions to ensure tobacco business activities in accordance with the law;
– Fix errors not reached in the inspection minutes at the request of inspection agencies, inspection teams;
– Complaints of the inspection team’s conclusions according to the provisions of law.
Thus, Circular No. 57/2018 / TT-BCT has clear provisions on the responsibilities and rights of tobacco trading organizations and individuals. This is also a legal basis for state agencies to have management methods as well as apply sanctions to organizations showing signs of violation.
On December 28, 2018, the State Bank of Vietnam issued Circular No. 47/2018/TT-NHNN promulgating the list of export and import goods accompanied by his codes under the management scope of the home bank. Vietnam in the goldfield. This Circular takes effect from February 12, 2019.
Accordingly, Circular No. 47/2018/TT-NHNN stipulates the List of export and import goods accompanied by HS code under the management scope of the State Bank of Vietnam in the field of gold as raw material gold. Specific description is as follows:
– Imported goods: Gold in the form of blocks, bars, granules, pieces and other kinds of gold, except gold in the form of powder, solution, solder flakes, gold salts and all kinds of jewelry in the form of semi-finished products;
– Export goods: Gold in the form of blocks, bars, granules, pieces and other types of gold, except gold in the form of powder, solution, solder flakes, gold salts and all kinds of gold jewelry in the form of semi-finished products;
– Commodity material gold under the management of the State Bank is subject to HS code as follows: 7108.12.10; 7108.12.90.
It can be seen that the Circular No. 47/2018 / TT-NHNN has detailed regulations on the list of goods in the gold sector under the management of the State Bank of Vietnam, thereby having a clear division. clear management functions as well as types of goods in this particular area.