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Franchise explosion in Vietnam
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6 leading economic sectors in Central region
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CPTPP makes shift of Vietnam from deficit to surplus
Most signed free trade agreements (FTA) have reflected that Vietnam always run deficit trend ...
Legal answers
New regulations on Inspection of impurities in shrimps and shrimp products
Answered

On 10 July 2018, the Ministry of Agriculture & Rural Development promulgated Circular No, 07/2018/TT-BNNPTNT provides on Inspection of impurities in shrimps and shrimp products. This Circular will take effect on 24 August 2018.
Accordingly, the Circular No. 07/2018/TT-BNNPTNT specifically regulates about inspection of impurities in shrimp by regular inspection and unexpected inspection as follows:
– The inspection team shall announce the inspection decision to the representative of the establishment when conducting the inspection. In case of violation information on impurities being made or exhibits being kept at the establishments, the inspection team immediately carry out on-spot inspection, then announce the inspection decision;
– Inspection for impurities in shrimp;
– The inspection team shall make a written record and notify the representative of the establishment of the inspection results. In case detection of impurity violations, the inspection team or inspector in case that they are assigned the independent inspection, they shall make records on administrative violations according to their competence, for acts of violation
Besides, this Circular also specifically regulated when the inspection team detects the impurity violation or concludes that the shrimp lot contains impurities, the leader of the inspection team check and make an administrative violation record; To seal material evidence and means used in administrative violations; To report to the heads for the issuance of decisions on the temporary seizure of material evidence and/or means of violation within 24 hours after sealing up
Circular No. 07/2018/TT-BNNPTNT is expected to remove the obstacles to implement of the inspection of impurities in the shrimp of the inspection teams, the agencies that are responsible for inspection and regular inspections. It will guarantee the quality of shrimp products are exported to international market standards.

Legal news No. 31/2018
Answered

Provisions on activities of notifying, sending and supplying information and documents related to offenders
Answered

On June 25, 2018, Ministry of Public Security – Supreme People’s Procuracy – People’s Court promulgated Inter-agency Circulars No. 05/2018/TTLT-BCA-VKSNDTC-TANDTC provides on cooperation to notify, send and supply information and documents related to offenders. This Inter-agency Circulars takes effect on August 08, 2018.

Accordingly, Inter-agency Circulars No. 05/2018/TTLT-BCA-VKSNDTC-TANDTC has specifically guilt on responsibility of agencies for notifying about offenders’ information and documents which was notified, sent to competent agencies solving cases as follows:

The People’s Courts shall have to notify and send the following information and documents to the professional dossier body of the Public Security Service:

  • Decisions on detention, Decision to cancel detention measure, Decision to replace detention measure;
  • A court’s first-instance judgment, appellate judgment
  • Criminal decision of cassation or re-opening court hearings and meetings
  • Decision on enforcement of imprisonment sentences, decisions on reduction of term of serving imprisonment sentences, exemption from imprisonment sentences;
  • Decision on postponement of the serving of imprisonment sentence, suspension of serving the imprisonment penalty;
  • The decision to release the prisoner before the expiration of the condition; The decision to cancel the release decision before the expiration of the conditional period;
  • Decision on compulsory treatment; The decision to suspend the application of compulsory medical treatment;
  • Decision on remission of criminal records, The State President’s decision on the application for death penalty reduction
  • Decision to execute the death penalty; Death sentence execution.

Besides, this Inter-agencies Circular also specifically regulates about kinds of information, document which related to offenders provided by investigation authorities of People’s police force, Investigating body of the Supreme People’s Procuracy, Supreme People’s Procuracy take responsible to notify and send to The professional police office; The types of information and documents which the Public Security Service’s job-providing body has the responsibility to provide to the bodies with procedure-conducting competence.

By regulations with specific guidance Inter-agency Circulars No. 05/2018/TTLT-BCA-VKSNDTC-TANDTC has made clear the responsibilities of each agency in coordinating notification, To provide information and documents related to offenders, to ensure the lawful rights and interests of offenders and at the same time contribute to ensuring that the settlement of the cases is smooth and without problems in procedural matters.

Increase the monthly allowance for commune officials who have resigned
Answered

On June 28, 2018, the Ministry of Home Affairs promulgated Circular No. 08/2018/TT-BNV guidance amending the monthly allowance from July 01, 2018 for commune officials who have resigned according to Decision No. 130-CP of June 20, 1975 of the Government Council. This Decree shall come into force from August 15, 2018.

Accordingly, Circular No. 08/2018/TT-BNV has amended the monthly allowance for old-age commune officials who have resigned in accordance with the law will be increased by 6.92% of monthly allowance, as follows:

  • For person who was party committee secretary, chairman of commune People’s committee: 1,974,000 dong/month;
  • For person who was Deputy Secretary of party committee, vice president, standing Party Committee, Member of the Secretariat of People’s committee, secretary of commune People’s Council, Commissar, Commune police chief: 1,910,000 dong/month.

It can be seen that Circular No. 08/2018/TT-BNV has timely adjusted, thereby it has shown interest, recognition of the state for the life of the cadres who resigned, at the same time contribute to improve quality of life and social security of the people.

New guidelines on adjusting pensions and social insurance allowance
Answered

On June 29th 2018, the Ministry of Labor, Invalids and Social Affairs (MOLISA) issued the Circular No. 05/2018/TT-BLDTBXH guiding the adjustment of pensions, social insurance benefits and monthly allowance to the subjects defined in Clauses 1, 2, 3 and 8, Article 1 of Decree No. 88/2018/ND-CP issued by the Minister of Labor, War Invalids and Social Affairs. The Circular No. 05/2018 / TT-BLDTBXH will be effective from 15th August 2018

Accordingly, as from July 1st, 2018, the level of pensions, Social Insurance (“SI”) and monthly allowances (below referred to as “benefit levels”) will be adjusted in the upward trend, detailed as follows:

Firstly, the objects to be applied include:

  • Cadres, officer, workers, civil servants, laborers, military personnel, people’s policemen and caliber workers who are enjoying monthly pensions;
  • Officials of communes, wards and townships defined in Decree No. 92/2009/ND-CP of October 22th, 2009, Decree No. 121/2003/ND-CP dated on October 21st, 2003 and Decree No.09/1998/ND-CP dated on January 23rd, 1998, enjoying monthly pensions and allowances;
  • Persons who are receiving monthly disablement pension; Those who are receiving monthly allowances under Decision No.91/2000/QD-TTg of August 4th, 2000, Decision No. 613/QD-TTg dated on May 6th, 2010; Rubber workers are receiving monthly allowance;
  • Persons who are receiving monthly labor accident or occupational disease allowances.

Second, the increasing level:

  • The level of pension, social insurance and monthly allowance of the above mentioned beneficiaries was increased by 6.92% compared to the level of pension, social insurance and monthly allowance of 06/2018. Specifically:
  • The level of pension benefits from July 2018 = The level of pension benefits in June, 2018 x 1,0692

Therefore, As of July 1st, 2018, the level of pensions, social insurance benefits and subsidies will be adjusted in an incremental manner, which is a necessary adjustment in accordance with the fluctuation of market prices, volatility of the Vietnamese economy today

Amendment and supplement a number of regulations on charge collection in the field of natural resources and environment
Answered

On June 25, 2018, The Ministry of Finance promulgated Circular No. 55/2018/TT-BTC amending and supplementing a number of regulations on charge collection in the field of natural resources and environment. This Circular came into force on August 10, 2018.

Accordingly, Circular No.55/2018/TT-BTC have e some specific amendments and supplements as follows:

  • The organization collecting fees for assessment of eligibility for environmental monitoring services is the General Department of Environment under the Ministry of Natural Resources and Environment, replacing the Center for Environmental Monitoring under the General Department of Environment, the Ministry of Natural Resources and Environment;
  • The organization charged with evaluating dossiers for Genetically modified biosafety certificate is the General Department of Environment under the Ministry of Natural Resources and Environment, replacing the Department for Conservation of Biodiversity under the Vietnam Environment Administration – the Ministry of Natural Resources and Environment;
  • Organizations collecting charges for exploitation and use of geological and mineral resources shall be the Information and Archival Information Center and the Geological Journal under the General Department of Geology and Minerals of Vietnam, the Ministry of Natural Resources and Environment;
  • Organizations collecting charges for the exploitation and use of geodesic and cartographic data information include: The Center for Geodesy and Mapping Information, the Southern Geographical, Map and Information Sub-Department under the Geographical, Mapping and Geographic Information Department of Vietnam, the Ministry of Natural Resources and Environment; Units having the function of receiving, storing, managing and providing information on geodesic and cartographic data under the Department of Natural Resources and Environment;
  • Organize the collection of charges for the exploitation and use of hydro-meteorological information and data, including: the Hydrometeorological and Meteorological Center, the Hydrometeorological and Information Center, the Hydrometeorological and Hydrological Survey The regional hydro-meteorological station belongs to the General Department of Meteorology and Hydrology, Ministry of Natural Resources and Environment
  • Organizations collecting charges for certification of satisfaction of environmental protection conditions in the import of discarded materials as production raw materials are the General Department of Environment directly under the Ministry of Natural Resources and Environment and the provincial / municipal Natural Resources and Environment Services of province and central cities.

By specific regulations, Circular No.55/2018/TT-BTC had important amendments and supplements, thereby creating favorable conditions for paying agencies, organizations and individuals to exercise their rights and perform their obligations; At the same time, ensuring transparency in the management and use of fees in the field of natural resource and environment is ensured

 

New regulations on rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body
Answered

On June 25th, 2018, The Ministry of Finance promulgated Circular No 56/2018/TT-BTC prescribing rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body. This Circular came into force from August 10, 2018.

Accordingly, rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report is regulated specifically as follow:

No.

Total of investment capital

(billion dongs)

Rate of fee applied to Project Groups (million dong)
1 2 3 4 5

6

1 10 or less 8,0 8,6 8,8 9,2 9,6 6,0
2 From greater than 10 to 20 12,5 13,0 13,5 14,0 15,0 9,0
3 From greater than 20 to 50 21,0 22,0 22,5 23,0 24,0 15,0
4 From greater than 50 to 100 37,5 38,0 39,0 41,0 43,0 27,0
5 From greater than 100 to 200 41,5 42,0 43,0 45,0 47,0 30,0
6 From greater than 500 to 500 54,0 55,0 56,0 59,0 62,0 39,0
7 From greater than 500 to 1000 61,0 62,0 63,5 66,0 69,0 44,0
8 From greater than 1000 to 1,500 65,0 67,0 68,5 72,0 75,0 48,0
9 From greater than 1,500 to 2,000 67,0 68,0 70,0 73,5 76,5 49,0
10 From greater than 2,000 to 3,000 70,0 71,0 73,0 76,0 79,0 51,0
11 From greater than 3,000 to 5,000 72,5 74,0 76,0 79,0 82,0 53,0
12 From greater than 5,000 to 7,000 77,0 78,0 80,0 84,0 87,0 56,0
13 Greater than 7,000 84,0 86,0 88,0 92,0 96,0 61,0

Accordingly, Rate of collection of fees for the re-appraisal of the environmental impact assessment report shall be equal to 50% of the respective rate of initial collection of fees stated in the abovementioned Schedule

The fee-paying person refers to any agency, organization or individual requesting the central competent authority to carry out the appraisal of the environmental impact assessment report.  The fee-paying person shall pay appraisal fees during the period from the date of submission of the request for appraisal or re-appraisal to the date before convening of the Appraisal Board.  Appraisal fees shall be directly paid to fee-collecting organizations, or transferred to the transactional accounts for remittance to the state budget which are opened at the State Treasury.

Fee-collecting organizations shall remit 100% of fees collected to the state budget. Funding for appraisal and fee collection activities shall be arranged in the budget estimate of each fee-collecting organization according to the state budget spending regime and allowance prescribed by law.

In cases where a fee-collecting organization is a state regulatory body of which overheads are covered by the advance lump sum financed by sources of fees collected under the provisions of Clause 1 Article 4 of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 specifying and guiding the implementation of a number of articles of the Law on Fees and Charges, it may retain 90% of total actually collected amount of appraisal fees for appraisal and fee collection, and must pay 10% of the amount of fees collected to the state budget.

It can be seen that by regulations in Circular No 56/2018/TT-BTC, the government has specifically guided about rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body. Thereby creating favorable conditions for agencies, organizations and individuals to pay fees to exercise their rights and obligations. At the same time, the transparency in the management and use of fees for appraisal of environmental impact assessment reports shall be verified by central agencies.

Compulsory maritime pilotage areas
Answered

On August 01st, 2018 The Ministry of Transport promulgated Circular No. 43/2018/TT-BGTVT providing for the compulsory maritime pilotage areas of Vietnam. This Circular will take effect on October 01st, 2018.
Accordingly, Circular No. 43/2018/TT-BGTVT regulated on 08 (eight) compulsory maritime pilotage areas as follows:
– Area 1: Compulsory maritime pilotage area from Quang Ninh province to Nam Dinh province;
– Area 2: Compulsory maritime pilotage area from Thanh Hoa province to Quang Tri province;
– Area 3: Compulsory maritime pilotage area from Thua Thien Hue province to Quang Ngai province:
– Area 4: Compulsory maritime pilotage area from Binh Dinh province to Phu Yen province;
– Area 5: Compulsory maritime pilotage area from Khanh Hoa province to Binh Thuan province;
– Area 6: Compulsory maritime pilotage areas belonging to the locality of provinces as Binh Thuan, Ba Ria – Vung Tau, Dong Nai, Long An, Ho Chi Minh city and other provinces alongside Tien river;
– Area 7: Compulsory maritime pilotage area belongs to provinces along to Hau river, Kien Giang and Ca Mau provinces;
– Area 8: Compulsory maritime pilotage areas in offshore oilfields within Vietnam seas.
It can be seen that, Circular No. 43/2018/TT-BGTVT had clear regulations about scope of compulsory maritime pilotage areas. This division is expected to contribute to the maintenance of maritime safety and security, while strengthening to exercise sovereign rights and jurisdiction of Vietnam, assuring sovereignty over of the State waters.

Regulation on the foreign education program which is applied to teach in Vietnam
Answered

On June 6th, 2018 the Government promulgated Decree No. 86/2018/NĐ-CP regulates on foreign cooperation and investment in education. This Decree came into force from August 01, 2018.
Accordingly, Decree No. 86/2018/NĐ-CP regulates the foreign education program which is introduced in the integrated program shall be accredited by the home country or by an educational competent agency of the aforesaid country. The Minister of Education and Training provides specific provisions for the integration between Vietnamese education programs and foreign education programs.
In addition, The integrated education program shall ensure the objectives of the Vietnamese education program and still satisfy the requirements of the foreign education program; learners shall not be forced to study the same contents again, and the integrated program shall ensure its consistency throughout the class level and the connection between levels for the benefit of students; the aforesaid program shall also ensure that students are allowed for volunteer participation and shall not overwhelm them.
Besides, this Decree also provides the size of class and the facilities shall satisfy the requirements of the integrated program and shall not affect the teaching activities of the Vietnamese educational institution during the cooperation process. Vietnamese teaching staff and teacher assigned to teach an integrated education program shall satisfy the training requirements according to the regulations of Vietnam’s laws; Foreign teachers assigned to teach an integrated program shall have a bachelor’s degree corresponding to his/her teaching majors and shall also have a teacher certificate or equivalent.
Therefore, Decree No. 86/2018/NĐ-CP had specific regulations on foreign education program which is apply to teach in Vietnam, establish standards, conditions to ensure the appropriateness of educational activities in Vietnam, contributing to facilitate the implementation of investment has the most general view before investing in Vietnam in this field.

New regulation on criteria for professional titles of civil servants specialized in professional education
Answered

On June 15th, 2018 The Ministry of Labor, War invalids and Social affairs promulgated Circular No. 03/2018/TT-BLĐTBXH regulates on criteria for professional titles of civil servants specialized in professional education. This Circular comes into force since August 01st, 2018.
Accordingly, Circular No. 03/2018/TT-BLĐTBXH regulated on criteria for professional titles of civil servants specialized in professional education as follows:
1. Criteria on the level of training and fostering
The teachers teaching professional theory have a doctoral degree specialized in the field of teaching; The teachers who teaches both theory and practice have Master’s degree or higher in majors suitable to the teaching disciplines teaching and obtain one of certificates of vocational skills in line with the vocation as assigned for practical teaching at intermediate level which regulated in Article 17.2.a Circular No. 08/2017/TT-BLĐTBXH
– Meet the standard on pedagogical qualification and teaching time regulating in paragraph 1 Article 20 Circular No. 08/2017/TT-BLĐTBXH
– Attain at least foreign language level 4 (B2) regulating in Circular No. 08/2017/TT-BLĐTBXH
– Attain at least information technology level meeting standards for basic information technology as prescribed in Circular No. 03/2014/TT-BTTTT or higher;
– Have certificate of pedagogy according to criteria for professional titles of vocational education teacher level 1;
2. Criteria on professional qualifications
– Have extensive knowledge about the lines of work assigned to teaching; Have knowledge of the relevant lines; Have a firm understanding of professional practice, about the progress of science and new technology of the profession is assigned to teach
– Mastering knowledge of pedagogical professions, proficiently applying skills and pedagogical methods to teaching
– To firmly grasp the method of scientific research in education, vocational education and technology; know the organization of scientific research, apply research results, scientific and technological advances or innovations, technical improvements into teaching and professional practice.
– To lead or participate in the compilation of at least one program or syllabus or one specialized course suitable to the majors assigned.
Therefore, Circular No. 03/2018/TT-BLĐTBXH has established the standards for professional titles of civil servants specialized in professional education. It is suitable with the needs and development of society, contributing to improving the quality of teaching of the education system in general as well as in vocational education in particular.