On 24 September 2018, The Prime Minister issued Decision No. 1227/QĐ-TTg on the plan of implementing the Law on Competition. This Decision took effect from the issuance date.
Accordingly, Decision No. 1227/QĐ-TTg regulates on implementation plan for the Law on Competition:
– Thoroughly organize, train, propagate and popularize the contents of the Law and documents detailing the implementation of the Law;
– To review contents of legal documents related to Law on Competition; by themselves or by competent authorities in time to amend, supplement, replace, abolish or promulgate new legal documents, ensure consistency in the legal system on competition. Organizing the review of special documents, Executive written, Guidelines and policies related to competition, administrative decisions are made to ensure that there are no contents that are inconsistent with the provisions of the Law;
– Developing legal documents detailing the contents of the Law;
– Developing, compiling books, uniform documents on competition law for propaganda, law dissemination and education for pupils and students in schools and training establishments.
Như vậy, với kế hoạch triển khai nêu trên Quyết định số 1227/QĐ-TTg của Chính phủ đã và đang hướng tới việc tuyên truyền, phổ biến và áp dụng Luật cạnh tranh một cách đồng bộ, thống nhất. Therefore, with the plan of implementing mentioned on Decision No. 1227/QĐ-TTg of the government has been toward to propagate, disseminate and apply the Law on Competition in a uniform and uniform manner.
On 19 September 2018, the government promulgated Decree No. 124/2018/NĐ-CP amendment and supplement some of articles of Decree No. 63/2011/NĐ-CP on 28 July 2011 Detailing and guiding the implementation of some of articles of the Law on Commercial Arbitration. The Decree took effect from issued date.
Accordingly, Decree No. 124/2018/NĐ-CP has important changes and additions, notably as follows:
– Repeal Article 8.1.d: Removing the composition of the operation registration dossier of the arbitration center for papers proving the operation of the arbitration center;
– repeal components in the operation registration dossier of the branch of the arbitration center at sub-paragraph dd, paragraph 1 Article 10: Documents proving the office of the branch;
– Amendment subparagraph dd paragraph 1 Article 21 For dossiers of establishment of branches of arbitration centers, the composition of dossiers is rejected as the decision to appoint the arbitrator to be the head of the branch;
– Repeal the composition of the branch establishment dossier consists of: A certified copy of the document proving the lawful establishment of the foreign arbitration body issued by a competent foreign body or organization; Introduction of the operation of the foreign arbitration institution; List of arbitrators, expected staff to work at the Branch;
– Amendment paragraph 3 Article 21, accordingly there are only two types of documents for the establishment of representative office: Application for the establishment of a representative office; A certified copy of the Statute of the foreign arbitration institution
– Repeal point b subparagraph d paragraph 2 Article 22 on the composition of the dossier for registration of the branch’s operation, the notification of the establishment of the representative office of the foreign arbitration organization in Vietnam: Documents proving the headquarters of the branch; Decision on the appointment of Branch Manager.
It can be see that, the content has been abolished, amended according to this Decree will contribute to simplify the dossier applying to operate for commercial arbitration center, to facilitate the registration of arbitration centers to facilitate the completion of procedures in accordance with the law. At the same time, contributing to attract foreign arbitration centers to set up branches or representative offices in the territory of Vietnam, this will help the parties have more options for resolving disputes.
On 14 August 2018, Ministry of Natural Resources and Environment promulgated the Circular No. 03/2018/TT-BTNMT adjusting and repealing some of regulations on administrative procedures related to specialized examination within the scope of state management functions of the Ministry of Natural Resources and Environment, in which, includes procedures for granting certificates of eligibility for environmental protection in the import of discarded materials. This Circular will be effective on 01 October 2018.
Accordingly, Circular No. 03/2018/TT-BTNMT has important adjustments and supplements regarding the procedures for granting certificates of eligibility for environmental protection in the import of discarded materials for using as raw materials for production are specified as follows:
– The dossiers of application for certification shall be issued to individuals or organizations that directly use discarded materials as raw materials for production (collectively referred to as records), only a report on conditions for environmental protection in the import of scrap materials as production materials instead of seven reports as before;
– No request for enterprise registration certificate or certificate of business, certificate of tax code registration must have in the dossier to request for granting Certificate of satisfaction of environmental protection conditions in the import of discarded materials;
– Organizations, individuals allowed to import discarded materials may apply the dossier in National one gate portal;
– Duration of Confirmation of Eligibility Certificate on protecting environment in importing discarded materials for using as raw materials for production increasing from 02 years to 03 years from the granted date by Ministry of Natural Resources and Environment.
By detailed and specific regulations, Circular No. 03/2018/TT-BTNMT expected to create favorable conditions in many aspects for individual and organization who intend to directly use scrap materials for production, it also contributes to the reform of national administrative procedures.
On 23 August 2018 Ministry of Agriculture and Rural Development promulgated Decision No. 3346/QĐ-BNN-TCCB adjusting assignment of specialized inspection tasks for a number of products and goods imported before customs clearance under the State management scope of the Ministry of Agriculture and Rural Development. The Decision will be effective from 01 October 2018.
Accordingly, Decision No. 3346/QĐ-BNN-TCCB adjusting assignment of specialized inspection tasks for a number of products and goods as follows:
1. Department of Plant Protection:
– Perform simultaneous quarantine and quality control of animal feed, aquatic feeds of plant origin imported prior to customs clearance according to the provisions of law;
– Perform quarantine cocoon insect in accordance with the law.
2. Department of Animal Health: Perform simultaneous quarantine and quality control of animal feed, aquatic feeds of animal origin imported prior to customs clearance under the law.
It can be seen that, Decision No. 3346/QĐ-BNN-TCCB was promulgated aim to improve the cooperation among agencies in quality management of products and goods prior customs clearance, as well as clearly split of jurisdiction when implementing administrative procedures in this area.
On 24 September 2018, the government promulgated the Decree No. 128/2018/NĐ-CP amendment and supplement some articles of Decrees on the condition of investment, business in the inland waterway field. This Decree took effect from the issuance date.
Accordingly, Decree No. 128/2018/NĐ-CP has new content as follows:
First, only Enterprises, Cooperatives established under the provisions of relevant laws may trade in inland waterway transportation; Individual households will not be eligible for this activity.
For units engaged in passenger transport business on inland waterways before the effective date of this Decree, they will still exercise trading.
Therefore, from 24 September 2018, units engaged in passenger transport business on inland waterways transportation force to establish Enterprises, Cooperatives under the law.
Second, the material facilities for the seafarer training service business unit, inland waterway transport drivers must conform to the national technical regulations on corresponding material bases as follows: specialized classrooms, examination rooms; Workshops; Practical teaching and driving area.
Third, supplement with the object is Cooperatives which is also allowed to trade on new building, conversion, repair and rehabilitation of inland waterway means, instead of the former, only enterprises are allowed to conduct this activity
Thus, from 24 September 2018, the regulation relevant to the conditions to business in inland waterway field has many changes to stricter regulations on conditions to improve safety and quality in this field.
On 10/09/2018 Prime Minister promulgated Decision No. 39/2018/QD-TTg amending and supplementing a number of articles of Decision No. 37/2011/QD-TTg dated 29/06/2011 of the Prime Minister Government on the mechanism to support the development of wind power projects in Vietnam. This decision will take effect from 01/11/2018.
Accordingly, the price of electricity for grid-connected wind power projects in Vietnam has been amended as follows: The buyer is responsible for purchasing all electricity from wind power projects at the purchase price of electricity at the delivery point. electricity as follows:
– For wind power projects in the mainland: The electricity purchase price at the electricity transmission point is VND 1,928/kWh. Electricity purchase prices are adjusted in accordance with the exchange rate of VND/USD;
– For wind power projects on the sea: The electricity purchase price at the electricity transmission point is VND2,223/kWh. Electricity purchase price is adjusted by the exchange rate of VND/USD.
The above purchase price applies to a part or all of the grid connected wind power plants having a commercial operation date before November 1, 2021 and shall be applied 20 years from the date of commencement of commercial operation.
Thus, Decision No. 39/2018/ QD-TTg issued for the purpose of strengthening the support mechanism for investors in wind power projects in Vietnam, thereby attracting investors. This will facilitate the development of clean energy activities in Vietnam in the future.
On 08/08/2018, the Ministry of Construction issued Circular No. 06/2018/TT-BXD issued the criteria system construction industry. This Circular will come into force on September 25.
Accordingly, the system consists of 33 indicators and 4 groups of fields, as follows:
– Construction investment activities (including 09 indicators);
– Urban and rural development (including 16 indicators;
– Housing, real estate and office (including 07 indicators);
– Construction materials (including 01 indicator).
In addition, the above-mentioned indicator system is the content of which the Ministry of Construction clarifies the concept, method of calculation, source of data and major disaggregation of each indicator.
It can be seen that, through the issuance of the Statistical Indicator System for Construction Sector in line with Circular 06/2018/TT-BXD, the Ministry of Construction has made important additions, but also specifically classify groups, creating favorable conditions for individuals and organizations to operate smoothly, efficiently and in accordance with the law.
On 17 September 2018, the Government issued Decree No. 123/2018/ND-CP amending and supplementing a number of decrees on conditions for investment and business in the agricultural sector. This Decree takes effect from the date of its promulgation.
Accordingly, Decree 123/2018/ND-CP amending and supplementing regulations on production conditions for organizations producing pesticides is as follows:
– Persons directly managing or administering production have the university or higher degrees in chemistry, plant protection, biological sciences or agronomy; labors directly engaged in the production of plant protection drugs must be trained and fostered in professional knowledge and knowledge about plant protection drugs;
– Factories and warehouses for preserving plant protection drugs must be located in industrial parks and satisfy the requirements of national standards TCVN 5507: 2002 Hazardous chemicals – Safety rules in production, business, use, preservation and transportation;
– Equipment and production lines of active substances, technical drugs, production of finished drugs from technical drugs and packing of plant protection drugs must meet the production process and technology and meet the requirements on safety as prescribed in National standards TCVN 5507: 2002 Hazardous chemicals – Safety rules in production, business, use, preservation and transportation;
– Solid waste, waste gas and wastewater treatment systems must meet the provisions of law and national technical regulations;
– Having laboratories for quality inspection of products already registered and designated according to the provisions of the law on conditions for conducting conformity assessment services and quality of goods and goods. In cases where there is no testing laboratory, there must be a quality inspection contract with a registered and designated testing laboratory under the provisions of the law on conditions for conducting conformity assessment services and product quality of goods for each batch of products shipped;
– Establishments producing plant protection drugs must have quality management systems according to ISO 9001 or equivalent standards, which have been registered by certification organizations under the provisions of the law on conditions on assessment service business suitability level.
It can be seen that the Decree No. 123/2018/ND-CP contains detailed and detailed guidance on investment conditions in the agricultural sector, thus helping investors to prepare. It also contributes to improving the efficiency of state management in this field.
On 08/08/2018, the Ministry of Construction issued Circular No. 07/2018/TT-BXD regulating the statistic reporting construction industry. The circular takes effect on September 25, 2018
Accordingly, the contents of the Statistic Regime for Construction has changed as follows:
– The reporting regime includes the statistical reporting system model (Appendix I), the reporting form and the statistical report form explanation (Appendix II);
– The number of new reporting forms has decreased five forms compared to current regulations and now only 13 are numbered from 01/BCĐP to 13/BCĐP.
The Construction Department and the Planning and Architecture Services of the provinces and centrally-run cities shall send their reports to the Ministry of Construction and the Ministry of Construction shall receive detailed reports in the upper right corner of each form millet:
– Statistical reporting period is specified in the statistical reporting form and is calculated according to the calendar day including:
+ 6-month statistical report: calculated from January 1 to the last day of June of the statistical reporting period.
+ Annual statistical report: calculated starting from January 1 to the last day of December of the statistical reporting period.
Thus, the new reporting period has abolished the statistic report periodically by month, quarter and also revised the reporting period 6 months, year.
– Reporting deadline: recorded in the upper left corner of the statistics form;
– Form of the report: written paper signed and stamped by the head of the unit and via the electronic reporting system.
It can be seen that, with detailed and specific changes, the Circular No. 07/2018/TT-BXD is expected to contribute to the implementation of the reporting regime of the Department of Planning and Architecture The structure is guaranteed to be accurate, quick and easy.