On November 30, 2018, the Ministry of Health issued Circular No. 38/2018/TT-BYT guiding the emulation and reward in the health sector. This Circular takes effect from January 21, 2019.
Accordingly, the content, objects, principles of emulation and commendation; organize the emulation movement; title and standards of emulation titles; forms and standards of reward; decision competence, route of submission, procedures for requesting recognition of emulation titles, forms of reward and organization of awards; Emulation and commendation council and the Council of initiatives; Emulation and reward fund in the health sector will be implemented in accordance with the provisions of Circular No. 38/2018 / TT-BYT.
One of the important differences between this Circular and Circular No. 20/2011 / TT-BYT is that the Ministry of Health has added two regulations on awarding medals: “For human health People “and” For the cause of the population “. Medal “For the people’s health” was awarded to recognize the contributions of organizations and individuals in the prevention of dangerous diseases such as Lao, Phong, HIV / AIDS. And the medal “For the cause of the population” was awarded to recognize the contributions to the population of organizations and individuals working in population work.
It can be seen, with the issuance of Circular No. 38/2018/TT-BYT, showing the timely innovation of the Ministry of Health in emulation and commendation activities, help assess and recognize worthy achievements, contributions from individuals and organizations operating in the health sector.
On January 21, 2019, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 04/2019/TT-BLDTBXH guiding the management of labor, wages, remuneration and bonuses for the Fund. credit for small and medium enterprises. This Circular takes effect from March 8, 2019.
Accordingly, Circular No. 04/2019/TT-BLĐTBXH stipulates some outstanding contents related to the Guidance on the management of labor, salary, remuneration, and bonuses for credit guarantee funds for Small and medium enterprises for employees, specifically:
Regarding the salary scale, payroll and salary allowance, the credit guarantee fund are built based on the provisions in:
1. Article 93 of the 2012 Labor Code;
2. Decree No. 49/2013 / ND-CP dated May 14, 2013, of the Government;
3. Circular No. 17/2015 / TT-BLĐTBXH dated April 22, 2015, of the Ministry of Labor, War Invalids and Social Affairs.
Related to labor management, determination of salary fund, the advance of salary fund, distribution of salaries and bonuses.
1. Credit guarantee funds shall perform labor management, determine plan salary funds, wage funds for implementation, advance and distribution of salaries and bonuses to laborers according to the provisions of Section 2; Articles 9, 10, 13, Section 3 and Section 4 of Circular No. 26/2016 / TT-BLĐTBXH dated September 1, 2016 of the Ministry of Labor, War Invalids and Social Affairs
2. At the same time, when determining the average wage level, the average wage level for calculating the plan salary fund and wage fund shall be based on Article 9 and Article 14 of Circular No. 26 / 2016 / TT-BLĐTBXH, the profit target (planned profit, realized profit in the year and implementation profit of the previous year) is calculated by the difference between the total income and the total expenditure charge (hereinafter referred to as the revenue-expenditure difference) of the Credit Guarantee Fund.
Thus, the Circular 04/2019 / TT-BLĐTBXH issued has shown the State’s interest in enterprises in managing labor, wages, remuneration and bonuses for the Guarantee Fund. credit, clearly identify the financial management mechanism in the enterprise, thereby maximizing the rights and interests of workers, enhancing democracy and transparency in the operation of enterprises.
On 11/15/2018, the Ministry of Natural Resources and Environment issued Circular No. 23/2018/TT-BTNMT regulating the organization of determining, appraising and approving the results of determining the cost of the mineral potential assessment. minerals and exploration costs must be reimbursed by the State for investment. This Circular takes effect from August 8, 2019.
Accordingly, the determination of the cost of mineral potential assessment and mineral exploration costs to be returned by the State has been invested in the following process:
(1) Collect data and documents:
Collect reports and assess mineral potentials; reports on property exploration; decisions approving mineral reserves; results of conversion of mineral reserves; mineral exploration and exploitation permits;
(2) Actual survey
– Check the actual accuracy of the location of the constructed geological works, factors related to the construction conditions of geological works;
– Check mineral status;
– At the end of the survey, the unit determines the reimbursement cost to make the actual survey minutes.
(3) The unit of reimbursement of expenses for reimbursement shall make a report on the results of determining the potential for mineral prospecting and the cost of mineral exploration to be returned to the State for investment;
(4) Technical meeting to review the legal basis, method of determining reimbursement costs; the volume of geological work items, the application of economic-technical norms, unit prices and mineral reserves;
(5) Council meeting to evaluate results of determination of reimbursement costs;
(6) Submit to the competent State management agency to approve the results of determining reimbursement costs;
(7) Notice of results of determination of reimbursement costs.
Thus, it can be seen that this regulation will effectively guide the State management agencies and non-business units to determine, collect, manage and use the reimbursement of assessment costs. mineral potential, mineral exploration costs of the State. At the same time, expressing the State’s interest in the field of exploration and potential assessment and strict management of mineral exploitation, limiting indiscriminate exploitation, leading to depletion of the nation’s mineral resources.
On December 10, 2018, the Ministry of Finance issued Circular No. 120/218 / TT-BTC regulating the level of return on equity of investors, payment of the State’s investment capital involved. implementing projects and settling projects of projects completed in the form of public-private partnerships under the project on building a number of expressway sections on the North-South route in the East in the period of 2017-2020. enforcement force from January 23, 2019.
Accordingly, the management of payment of the investment portion of the foreign investor participating in the PPP project is stipulated as follows:
– For the public investment capital allocated to work items performed by state agencies, the management and payment shall comply with the regulations on the management and payment of investment capital belonging to the state budget capital source.
– For the part of the State’s investment which partly supports the cost of construction, the State will make payment for the value of the completed volume after the investor has disbursed 50% of the equity. Ownership and eligibility for loan disbursement ensure the following rules:
+ The parallel payment according to the ratio of the State’s investment capital, commercial loans, and investors’ equity must be specified in the project contract between the competent State agency. and investors.
+ The payment in accordance with the volume and value of completed construction has been checked and accepted and ensured within the scope of the medium-term public investment plan and the annual state budget capital source approved by the competent authority. approval to implement PPP projects.
– The allocation and inspection of public investment capital allocation to support the construction cost portion shall comply with the regulations on the management and payment of investment capital belonging to the state budget capital source.
Thus, through clear regulations on the payment and management of the State’s investment capital involved in project implementation and final settlement of project works in the form of public-private partnerships of the Project. construction of a number of expressway sections on the North-South route in the East in the period of 2017-2020 will help the management of state agencies be easy, transparent and investors also have a basis of obligations. His must perform.
On November 29, 2018, the Government issued Decree No. 161/2018/ND-CP amending and supplementing a number of regulations on the recruitment of civil servants and public servants, promotion of civil servants, promotion of officials and implement a contract regime for some types of work in state administrative agencies and public non-business units. This Decree takes effect from January 15, 2019.
Accordingly, Decree No. 161/2018 / ND-CP has made notable changes as follows:
1. Do not distinguish diplomas when recruiting civil servants and officials
Agencies using public servants and officials are entitled to determine the conditions for recruiting civil servants and civil servants as required by the candidate position, but must not distinguish the type of training, diploma, certificate, school public, non-public schools.
Thereby, there will be no longer a distinction between regular and in-service diploma, diploma 2, distance education … when recruiting civil servants and officials.
2. Priority scores in recruitment exams for civil servants and public employees
According to Decree No. 161/2018 / ND-CP, a number of subjects of civil servant examination and civil servants are no longer entitled to many priority points as before.
Specifically, if before, war invalids, beneficiaries of policies such as war invalids, Hero of Labor … are allowed to add 30 points to the examination or admission, then now, only 7.5 points will be added to the exam results. Round 2. Similarly, ethnic minority people, army officers and police officers; Professional soldiers, war invalids, martyrs can only add 5 points to the second round result, instead of 20 points to the total score.
3. Being allowed to sign 02 times of a definite contract with officials
Decree No. 161/2018 / ND-CP stipulates in details about the work contract of officials.
Accordingly, public employees recruited into public service units must sign contracts to work for the first time from full 12 months to 36 months. After the expiry of this time limit, the head of the public non-business unit shall consider and decide to sign a contract for determining a term or an indefinite term or terminate the work contract. If signing a contract for a definite term, after the expiry of the contract, the head of the unit must consider signing a contract with indefinite term or terminate the contract.
Thus, it can be seen that Decree No. 161/2018 / ND-CP has made timely and practical adjustments, consistent with the policy of fairness, publicity, transparency and efficiency of the State in operation. recruitment examinations, recruitment of civil servants and officials, thereby contributing significantly to the construction of a contingent of truly qualified civil servants, especially in the new development period with many challenges of the country. like nowadays.
On November 30, 2018, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 21/2018/TT-BLDTBXH defining criteria for identifying high-quality programs at intermediate and college levels. This Circular takes effect from January 15, 2019.
Accordingly, a high-quality training program must fully meet the regulations for a regular training program developed in accordance with the Circular No. 03/2017 / TT-BLĐTBXH dated 1/3/2017. of the Minister of Labor – Invalids and Social Affairs and meets the following criteria:
1. Having the output standards higher than the output standards of the regular training programs on professional knowledge, skills and professional qualities;
2. Language proficiency of learners upon graduation must reach level 4/6 for foreign language and cultural groups according to Vietnam’s Foreign Language Competency Framework or equivalent; reach level 2/6 at intermediate level, level 3/6 at college level for other groups and professions;
3. The information technology capability of learners of non-IT industry and business lines must reach the minimum standard of information technology skills according to the regulations of the Ministry of Information and The media;
4. For transfer programs, joint training programs with foreign countries, ordered training programs of enterprises meeting the criteria specified in this Circular, they are recognized as quality training programs. High quality.
In addition, this Circular also stipulates that teachers of high quality programs must meet professional standards and pedagogical standards for each training discipline according to current regulations. Teachers teach the contents of basic knowledge and professional content must have a university degree or higher for intermediate and master’s training for college training and in line with the profession and profession. teach. Teachers guide and teach practical and practical contents, must have practical experience in the field of training for 3 years or more. Teachers teaching foreign language content in high quality programs must have a minimum level of foreign language at level 4/6 according to the Vietnamese Language Competency Framework or equivalent.
Thus, Circular No. 21/2018 / TT-BLDTBXH has provided detailed and specific guidelines on criteria for determining high quality programs at intermediate and college levels, thereby creating the basis for teaching and learning activities are appropriate, effective and quality.
On December 28, 2018, the State Bank of Vietnam issued Circular No. 45/2018/TT-NHNN guiding lending credit institutions with guarantees of credit guarantee funds. This Circular takes effect from February 12, 2019.
Accordingly, Circular No. 45/2018 / TT-NHNN has but notable new points as follows:
1. Regarding coordination in guaranteed loans
In case the credit guarantee fund receives security property to guarantee activities, the lender, the credit guarantee fund, the security property party and related parties (if any) agree in writing to ensure guarantee that the lender has the right to receive and process security property to guarantee activities in case the credit guarantee fund fails to perform the guarantee obligation as prescribed.
Before providing loans with guarantee of credit guarantee fund, lender and credit guarantee fund: a- Pursuant to the lender’s internal regulations and the method of organizing the operation of the fund credit guarantee stipulated in Article 14 of Decree No. 34/2018 / ND-CP, signing a framework agreement or a time-to-time agreement on the loan coordination with the guarantee of the Credit Guarantee Fund to unify the content in the process of implementing guarantee and lending and is a basis for exercising the rights and obligations of the parties when arising; b- In cases where the parties wish to amend or supplement the signed coordination agreement, the amendment and supplement must be made in writing and an integral part of the coordination agreement document. .
2. Principles of lending
Lender considers, appraises, decides to lend in Vietnam dong for investment projects, production and business plans of customers guaranteed by the Credit Guarantee Fund with the obligation to pay principal and interest. , repayment of principal and interest on loans in accordance with regulations and take responsibility for its lending decisions.
Classification of debts, restructuring of repayment periods, overdue debt transfer, provision and use of provisions to handle lenders’ risks for loans of customers with guarantee of credit guarantee funds made according to regulations.
Lender and customer agree on the lending interest rate for short, medium and long-term loans of customers with guarantee of credit guarantee fund, ensuring loan interest rate is not higher than lending interest rate. same term, same sector, field of lender, in accordance with regulations.
It can be seen that the new regulations of the State Bank in loan guarantee activities in Circular No. 45/2018 / TT-NHNN are expected to attract and facilitate the strong development of operations. credit in the coming years.
On January 7, 2019, the Prime Minister issued Decision No. 32 / QD-TTg approving the project on setting up the Vietnam Stock Exchange (“Vietnam Stock Exchange”). This decision takes effect from the date of issuance.
Accordingly, a number of important contents related to the organization and operation of the Vietnam Stock Exchange have been stipulated in Decision No. 32 / QD-TTg, specifically as follows:
Firstly, about the structure: The Vietnam Stock Exchange operates under the model of one-member state-owned limited liability company, the Ministry of Finance is a state-owned representative agency with its head office located in Hanoi. Hanoi Stock Exchange and Ho Chi Minh Stock Exchange. Ho Chi Minh City are subsidiaries invested by Vietnam Stock Exchange, operating independently, having legal status.
Secondly, about the function:
– Develop strategies, development investment plans, five-year production and business plans and annual production and business plans to submit to competent authorities for approval;
– Issuing professional regulations relating to the organization and operation of the securities trading market, such as securities listing, securities trading, information disclosure, trading members … after being commissioned by the Committee. State Securities (SSC) approved;
– Perform general monitoring and internal monitoring activities;
– The orientation of developing new information technology and achievements system to direct the organization of uniform implementation of management and organization in the field of securities and securities market;
– Support market development in the field of securities in accordance with the law;
– Acting as a mediator at the request of trading members when disputes arise regarding securities trading activities;
– Participate in international cooperation on securities and securities market;
– Implement management of subsidiaries in accordance with the law and the Charter of operation;
– Other duties as prescribed by law and regulations of competent authorities.
In general, the establishment of the Vietnam Stock Exchange aims to unify the securities trading market, ensure that the market operates effectively, fairly, openly and transparently, and at the same time strengthening management and supervision. closely monitor and protect the legitimate rights and interests of subjects participating in the market, contributing to upgrading the Vietnam stock market, raising the competitiveness, step by step approaching international standards and practices.
On November 30, 2018, the State Bank of Vietnam issued Circular No. 29/2018/TT-NHNN guiding the certification and management of deposits of multi-level selling enterprises. This Circular takes effect from January 18, 2019.
Accordingly, Circular No. 29/2018/TT-NHNN provides the following main contents:
1. Procedures for depositing documents of enterprises
When there is a need to deposit at a commercial bank or a foreign bank’s branch, the enterprise and the escrow bank make a deposit contract.
The deposit contract includes the following main contents: Name, address, legal representative of the enterprise; name, address, legal representative of the bank (or bank branch) receiving the deposit; deposit amount; deposit purpose; deposit interest rate; form of payment of deposit interests; use deposit money; withdrawal of deposit; settlement of escrow accounts; responsibilities of related parties and other contents in accordance with the provisions of law.
Enterprises complete documents and procedures for opening escrow accounts under the guidance of the bank receiving the deposit and depositing the deposit amount into the escrow account as prescribed in Clause 2, Article 50 of Decree No. 40/2018/ND -CP of the Government on managing business activities by multi-level method (equivalent to 5% of charter capital but not less than VND 10 billion at a commercial bank or foreign bank branch in Vietnam).
After receiving the full amount of the deposit, the escrow bank shall account the deposit into the deposit account in Vietnam dong and issue a certificate of deposit to the enterprise.
If an enterprise changes its charter capital and needs to adjust the deposit amount, the escrow bank and the enterprise shall amend or supplement the deposit contract or sign a new and real deposit contract as prescribed.
The deposit interest rate is agreed by the two parties in the deposit contract between the enterprise and the bank receiving the deposit to ensure compliance with the regulations on interest rates of Vietnam dong deposits of the State Bank of Vietnam in each period.
2. Provisions on handling escrow money
Upon receiving documents from the Ministry of Industry and Trade requesting the deduction of deposit of enterprises to handle cases prescribed in Clause 1, Article 53 of Decree No. 40/2018/ND-CP, the receiving bank shall be extracting deposits for multi-level sale participants or according to sanctioning decisions of competent agencies. Specifically:
– Multi-level selling enterprises shall terminate multi-level sale activities according to regulations but fail to fulfill their obligations related to multi-level sale activities to multi-level sale participants and make decisions and copies. legally enforceable projects of competent authorities regarding the handling of disputes between multi-level selling enterprises and multi-level sales participants relating to such obligations;
– Enterprises terminate multi-level sale activities but fail to abide by decisions on sanctioning violations in multi-level sale activities already in force by competent agencies.
It can be seen that the Circular No. 29/2018/TT-NHNN is expected to improve management efficiency for multi-level sales activities, limiting the “appearance” of multi-level sales activities, contributing to rights and benefits for consumers.