On 07, December 2018, the General Department of Customs issued Official Letter No. 7225/TCHQ-GSQL on the delivery of goods for the preservation of imported iron and steel scrap. This document takes effect from the date of its promulgation.
Accordingly, the General Department of Customs has guided the Customs Departments of provinces and cities related to the import of iron and steel scrap not in containers carrying on board on the preservation of goods, specifically:
1. For iron and steel scrap not packed in containers on the ships, when customs declarers request delivering goods to preservation places, then applying provisions of Clause 3, Article 32 of Circular No. 38/2018/TT -BTC to perform;
2. Before delivering the goods for preservation, the customs sub-department where the customs declaration is registered shall inspect the goods preservation place. The goods preservation location have to meet the conditions at Point b. Clause 3, Article 33 of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, shall be permitted to be placed on preservation;
3. The border-gate Customs Sub-Departments shall directly supervise the whole process of loading and unloading goods of entry into the transportation to deliver the goods to preservation places.
It can be seen that the instructions of the General Department of Customs through the Official Letter No. 7225/TCHQ-GSQL will help to solve the problems of the customs units in the management and supervision of the preservation of iron, scrap steel imports of traders.
On 04, December 2018, the Government issued Decree No. 163/2018/ND-CP regulating the issuance of corporate bonds. This Decree takes effect from 01, February 2019.
Accordingly, Decree No.163/2018/ND-CP regulate conditions of issuance towards 02 type of bonds, specifically:
1. For non-convertible bonds or bonds not accompanied by warrants:
a) An issuing enterprise is a joint-stock company or limited liability company established and operating under Vietnamese law;
b) Having operated for at least 1 year from the date of the first issuance of enterprise registration certificates or business registration certificates or permits of equivalent value according to law provisions. For enterprises reorganized or transformed, split, consolidated or merged, their operation duration shall be calculated according to law provisions.
c) Having the annual financial statements of the preceding year of the issuing year audited by the qualified auditing organization according to the provisions of Clause 7, Article 4 of this Decree;
d) To ensure compliance with the limit on the number of investors when issuing and trading bonds according to the provisions of Clause 2, Article 4 and Clause 8, Article 6 of this Decree;
e) Having bond issuance plans already approved and approved by competent authorities according to the provisions of Article 14 of this Decree;
f) To make full payment of both principal and interest of the bonds already issued for 3 consecutive years before the issuance of bonds (if any);
g) Satisfaction of financial safety ratios and safety assurance ratios in operation according to the provisions of specialized law.
2. For the issuance of convertible bonds or warrant-linked bonds:
a) An issuing enterprise is a joint-stock company;
b) Satisfying the issuance conditions specified at Points b, c, d, e, g and g, Clause 1 of this Article;
c) Satisfying the provisions on the ownership ratio of foreign investors in accordance with the provisions of law in case of conversion of bonds into shares or exercising the right of purchase of warrants;
d) The issuance of convertible bonds must be at least six months apart;
e) Convertible bonds, bond certificates issued together with bonds must not be transferred for at least one year from the date of completion of the issuance, except for transfer to or transfer between securities investors. or by court decision or inheritance in accordance with the law.
In summary, the issuance Decree No.163/2018/ND-CP on issuance corporate bonds created basis legal frame in the issuance of corporate bonds. By that, protect the rights and interests of individuals and organizations to buy bonds fully, minimizing risks.
On 6, December 2018, the Ministry of Planning and Investment (MPI) issued Circular No. 04/2018/TT-BKHTT on mechanisms and policies to encourage enterprises to invest in agriculture. This Circular takes effect on 21 January 2018.
Accordingly, the list of projects encouraging enterprises to invest in is synthesized on the principle of prioritizing the following projects:
• Projects for processing agricultural products using local materials or using more labor (100 laborers or more);
• Project for manufacturing mechanical products, equipment, accessories, agricultural products;
• The project has an environmentally friendly production process, low energy consumption, low emission;
• The project of linking production creates value chains in the fields of agriculture, organic agriculture, and high technology agriculture.
In addition, this Circular also guides the exemption, reduction of land use fees, land rent, water surface rent as follows:
• Principles for implementation of exemption and reduction under Article 10 of Decree No. 45/2014/ND-CP and Article 18 of Circular No. 46/2014/ND-CP dated 15 May 2014;
• Dossiers and procedures for land use levy exemption and reduction comply with Articles 15 and 16 of Circular 76/2014/TT-BTC dated 16 June 2014 and Article 8 of Circular No. 10/2018/TT-BKHDT dated 30/01/2018;
• Dossiers and procedures for exemption from or reduction of land rent and water surface rents shall comply with Articles 14 and 15 of Circular No. 77/2014/TT-BTC of June 16, 2014.
It can be seen that Circular No. 04/2018/TT-BKHDT has detailed and specific regulations, which shows the policy of Vietnam in attracting enterprises investing in agriculture. In particular, it encourages technology investment to develop production activities in this area.
On 24, October 2018, The Government issued Decree No.148/2018/ND-CP amending, supplementing a number of regulations of Decree No.05/2015/ND-CP detailing and guiding the implementation of some contents of Labor Code. This Decree takes effect on 15, December 2018.
Accordingly, Decree No. 148/2018/ND-CP contains the following new highlights:
1. Supplement the subject of the labor contract is the person who is representative at law or the head of the agency, unit or organization as authorized by letter to sign the contract.
2. The probation period is no longer counted as severance allowance
Compared with the previous regulations, the probation period is no longer counted as the working time to receive severance allowance, job-loss allowance. This period only includes the time the employee has worked in practice; Length of time the employer sent the student; Duration of leave for sickness, maternity leave…
3. Within 07 (seven) working days from the date of termination of the labor contract, the labor user and laborer must fully pay the amounts related to the interests of each party.
The above-mentioned duration may be extended to 30 days in special cases such as Non-personal employers terminate their operation; Employers or workers suffering from natural disasters, fires or epidemics; Employer restructuring, technology or merger, consolidation …
4. The salary for holidays is not based on the preceding month’s salary
According to this Decree, wages as a basis for payment to employees during the annual leave, public holidays, new year holidays and paid holidays are calculated as follows:
Salary in the labor contract: the number of ordinary working days in the month x number of days the employee off.
5. Supplementing the stipulations on salary as a basis for compensation when illegal terminating of the labor contract
The latest Labor Code guideline also adds provisions on salary as the basis for compensation when unilateral termination of the labor contract is illegal. Accordingly, this is the labor contract wage at the time the employer or employee unilaterally terminates the labor contract.
It can be seen that, with detailed and specific guidance, Decree No. 148/2018/ND-CP is expected to contribute to remedy shortcomings existing in the implementation of the Labor Code 2012, in accordance with the changes of social life, ensuring the rights and legitimate interests of workers as well as employers.
On 25, October 2018, The Ministry of Industry and Trade (MIT) issued Circular No.37/2018/TT-BCT amending, supplementing and abolishing a number of regulation on safety management and technical inspection of labor safety under the management of MIT. This Circular takes effect on 10, December 2018.
Accordingly, Circular No.37/2018//ND-CP contains the following main points, specifically:
1. Amend and supplement the MIT’s Circular No. 41/2011 / TT-BCT dated 16/12/2011 on safety management in the field of liquefied petroleum gas, LPG trading must meet all conditions on fire prevention and fighting according to regulations.
2. Amend and supplement Circular No. 09/2017/TT-BCT dated 13/07/2017 of the MIT providing for the technical inspection of labor safety under the management of MIT, according to organizations and individuals wishing to grant, extend or re-grant certificates of eligibility for technical inspection of labor safety (certificates of eligibility), certificates of auditors. This organizations, individuals prepare 01 dossiers under the regulation of law. The dossier is submitted by post or directly at the Department for Technical Safety and Industrial Environment or via the electronic information portal of the Ministry of Industry and Trade in the form of online public services.
In summary, Circular No. 37/2018/TT-BCT has made important amendments, supplements to the safety management in the field of liquefied petroleum gas and the technical inspection of labor safety. Besides, this Circular also have appropriate guidance to ensure that these activities are carried out accurately and efficiently.
On 30, November 2018, The Government issued Decree No. 162/2018/ND-CP on handling administrative violations in civil aviation. This Decree takes effect on 15, January 2018.
Accordingly, Decree No 162/2018/ND-CP regulate sanctions and remedial measures in civil aviation, specifically:
1. For an administrative violation in civil aviation, individuals, organizations shall be subjected one of the following sanctions:
a) Caution;
b) Fine.
2. Depending on nature and seriousness of the violation, individual, organization having administrative violation may be subject the following additional sanctions,
a) Stripping of the right to use licenses or practice certificates for a definite term or for temporary termination of operation;
b) Confiscation of material evidence of administrative violations and means used for the commission of administrative violations.
3. Individual, organization may be applied one or several of following remedial measures:
a / Forcible removal of infringing elements on aircraft and on means and equipment;
b) Forcible re-export of aircraft, engines, and propellers of aircraft which have been imported into Vietnam;
c / Forcible restoration of the original state;
d / Forcible dismantlement of works, parts of works, which are built or installed without permits or constructed not according to the permits;
e / Forcible application of measures to overcome environmental pollution or epidemic spread;
e) Forcible return of stolen objects, equipment or property, illegally appropriated or illegally seized;
g) Compelling the return of encroached land, occupying or forcing the return of ground sections;
h / Forcible maintenance of works;
i) Forcible organization of re-examination or retest;
k) Forcible cancellation of inspection results;
l) Forcible withdrawal of the granted practice certificates;
m) Forced cancellation of examination results and medical examination;
n) Forced remittance of illegal profits;
o) Forced maintenance and preparation of aircraft maintenance records.
It can be seen that the Decree No.162/2018/ND-CP is advance in handling administrative violations. Sanctions and remedial measures depend on nature, the seriousness of administrative violations. Besides, Decree promises to contribute for handing clearly and transparent.
On 30, November 2018, based on the content of the meeting about implementation of the national one-stop-shop (OSS) mechanism, ASEAN one-stop-shop mechanism and the specialized inspection of the Ministry of Transport (MoT). The Government Office issued Notice No. 442/TB-VPCP announcing the conclusions of the Deputy Prime Minister
Accordingly, The Deputy Prime Minister recognizes the positive results that the Ministry of Transport achieved such as building and implementing 82/87 administrative procedures to participate in the one-stop-shop; reducing 80/134 list of product for specialized inspection. However, the Deputy Prime Minister noted that the immediate service should focus on implementation as the comprehensive reforming of specialized inspection of imports and exports in the direction of transparent; reviewing the specialized law, propose amendments and supplements to ensure the achievement of the objectives by 2020, all administrative formalities for export, import, exit, entry, and transit shall be carried out through the OSS as a public service level 4.
In particular, the Deputy Prime Minister assigned the MoT to coordinate with other Ministries to review and submit to the Government to consider the amendment of Decree No. 116/2017/ND-CP on conditions of production, assembly import and business warranty service, car maintenance.
With the issuance of Notice No. 442, the Government and Ministry of Transport are expressing determination to create favorable conditions for enterprises to develop through the implementation of the OSS mechanism.
On 30/11/2018, The National Steering Committee for Combating Smuggling, Commercial Fraud and Counterfeiting issued the Document No. 454/KH-BCĐ389 on high-level anti-smuggling, trade fraud and counterfeit schemes before, during and after the Lunar New Year 2019. This Document takes effect from the date of its promulgation.
Accordingly, Document No. 454/KH-BCĐ389 has guidelines on the fight against smuggling, fraud and counterfeit, as follows:
– Identification of routes, geographical areas, and goods. Strengthening control at land, sea, and airports; roads, openings, border areas, border gate economic zones, cargo gathering areas near the border, wholesale markets, trade centers, roads, railways, seaway, domestic airport, etc.;
– To work out plans on organizing forces and means to intensify the inspection and control of the border, border and inland areas, focusing on commodities: drugs, firearms, firecrackers, foreign currencies, gasoline, and many items consumed during Tet-like food, cattle, poultry, wine, beer, cigarettes, confectionery, cosmetics, high fashion, etc. ensure market stability.
– To actively organize inter-branch missions to inspect, supervise and urge the functional forces; To direct and coordinate the work of the forces in the fight against smuggling, trade frauds, and counterfeit goods according to the fields and geographical areas in charge.
It can be seen that Document No. 454/KH-BCĐ389 promulgated will enhance the national spirit of anti-smuggling, trade frauds, and counterfeit goods during the peak of goods consumption on the occasion of Lunar New Year 2019 throughout the territory of Vietnam, thereby ensuring the interests of the people, as well as the control of security and social order.
On 01/11/2018, The Prime Minister issued Decision No. 43/2018/QĐ-TTg issues the system of Vietnamese products. This Decision takes effect on 20/12/2018.
Accordingly, system catalog consists of 07 levels are correspondingly encoded as follows:
– Level 1 contains 21 product categories that are encoded in alphabetical order from A to U;
– Level 2 includes the product sectors where each sector is encrypted by two numbers in each primary sector respectively;
– Level 3 includes the product sectors where each sector is encrypted by three numbers for each secondary sector respectively;
– Level 4 consists of product sectors where each sector is encrypted by four numbers in each of the corresponding tertiary industries;
– Level 5 includes the product sectors where each industry is encoded by five numbers in each of the corresponding 4 levels;
– Level 6 consists of product groups encoded by six numbers for each level 5 respectively;
– Level 7 consists of products coded in seven numbers for each level 6 respectively.
It can be seen that since the sectoral system is based on the economic sector, the issuance of a new product line system is in line with the economic sector system issued on July 6, 2018, at the same time, it contributes to the development of a system of detailed and specific product lines, meeting the development process of the market, developing more specialized and diversified as currently.