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Legal answers
Conditions for goods to apply Vietnam’s particularly preferential import tax rates
Answered

On January 5, 2020, the Government issued Decree 07/2020 / ND-CP on Vietnam’s special preferential import tariff schedules to implement the ASEAN-Hong Kong, China Free Trade Agreement during the period. 2019 – 2022.
Accordingly, imported goods eligible for special preferential import tax rates (AHKFTA) must meet the following four conditions:
1. Being on the Special Preferential Import Tariff promulgated together with this Decree;
2. Being imported from countries which are members of the ASEAN Free Trade Agreement – Hong Kong, China;
3. Being transported directly from exporting countries according to the provisions of the AHKFTA Agreement and the regulations of the Ministry of Industry and Trade. Specifically:
(i) Goods transported directly from an exporting member country to an importing member country; or
(ii) Goods are transported through one or more other member countries or through a non-member country and meet the following conditions:
– Transited goods are needed for geographical reasons or due to transport requirements;
– Goods not engaged in commercial transactions or consumed there;
– The goods have not undergone any processing or other processing other than unloading and reloading or any other operations necessary to preserve them in good condition.
4. Meet the rules of origin and have a certificate of origin (C / O) form of AHK under the provisions of the AHKFTA Agreement and the regulations of the Ministry of Industry and Trade.
This Decree takes effect from February 20, 2020. Particularly for customs declarations of imported goods registered from June 11, 2019 to before February 20, 2020, if all conditions for enjoying the special preferential import tax are fully met In this Decree and if tax has been paid at a higher rate, the customs office will handle the overpaid amount in accordance with the law on tax administration.

Scope of professional activities for medical examination and treatment practitioners.
Answered

On December 30, 2019, the Minister of Health issued Circular No. 35/2019 / TT-BYT providing the scope of professional activities for medical examination and treatment practitioners. This Circular takes effect from March 1, 2020.
Accordingly, the Circular prescribes the scope of professional activities for medical examination and treatment practitioners who have been granted practicing certificates. The scope of professional practice of practitioners is the professional technique that practitioners practice as prescribed. As follows:
– Scope of professional activities of practitioners
+ Practitioners being physicians with professional practice scope of medical examination and treatment are allowed to perform the professional techniques specified in Appendix I promulgated together with the Circular and provide first aid and emergency care, according to monitor, care and treat the patient until the patient is transferred to another medical examination and treatment facility in case of exceeding professional capacity.
+ Practitioners being physicians with professional practice scope of specialized medical examination and treatment are allowed to perform specialized techniques of the respective specialty specified in Appendix II promulgated together with the Circular and first aid. , first aid, emergency care, monitoring, care and treatment of patients until they are transferred to other medical examination and treatment establishments.
– Scope of professional activities of preventive medicine doctors: Practitioners who are preventive medicine doctors are allowed to examine, detect and handle common diseases; initial management of some emergencies in the community.
– Scope of professional activities of physicians: Practitioners who are physicians at the commune level are allowed to participate in first-aid, general medical examination and treatment according to the provisions of Joint Circular No. 10/2015 / TTLT. -BYT-BNV dated May 27, 2015 of the Ministry of Health and the Ministry of Home Affairs stipulating codes and standards of professional titles of physicians, preventive medicine doctors and physicians.
– Scope of professional activities of nurses, midwives, technicians: Practitioners who are nurses, midwives, and technicians are allowed to perform the scope of their respective professional activities specified in the Circular Circular No. 26/2015 / TTLT-BYT-BNV dated October 7, 2015 of the Ministry of Health and the Ministry of Home Affairs defining codes and criteria for occupations of nursing, midwifery and medical technology.
In addition, in medical examination and treatment facilities, the person in charge of professional and technical matters must base on the scope of professional activities stated in the practicing certificate, diploma, certificate or certification and the capacity of the person. practicing as a doctor to assign the medical practitioner in writing to perform specific technical specialties at medical examination and treatment establishments under their charge.
This Circular stipulates the scope of professional activities for medical examination and treatment practitioners in order to improve the quality of medical examination and treatment and ensure safety for patients.

Classifying cooperatives by capital size
Answered

On February 19, 2020, the Ministry of Planning and Investment issued Circular 01/2020 / TT-BKHDT on guidelines for classification and evaluation of cooperatives. This Circular takes effect from April 1, 2020.
According to Circular 01/2020 / TT-BKHDT, Co-operatives can be divided according to 04 criteria: According to products and services provided to members; By member size; According to the size of the total capital; and By industry. Specifically, according to the total capital sources, cooperatives are classified into:
1. A micro-capital cooperative is a cooperative with a total capital of under VND 1 billion;
2. Small-sized cooperatives are those with a total capital of between VND 1 billion and under VND 5 billion;
3. Medium-sized cooperatives are those with a total capital of between VND 5 billion and under VND 50 billion;
4. Large-scale cooperatives are those with a total capital of VND 50 billion or more.
Circular 01/2020 / TT-BKHDT was issued with the purpose of expressing the true nature of cooperatives in accordance with the Law on Cooperatives. In addition, ensuring cooperatives in accordance with the characteristics of the industry and the field of production and business activities.

Implementation of labor management in a number of economic groups and state corporations.
Answered

On February 17, 2020, the Government issued Decree 20/2020 / ND-CP on the pilot implementation of labor, salary and bonus management for a number of economic groups and state corporations. . This Decree takes effect from April 1, 2020.
Accordingly, this Decree applies to the following groups and corporations:
1. Parent company – Vietnam Posts and Telecommunications Group
2. Parent company – Vietnam Airlines Corporation – JSC.
3. Parent company – Vietnam Flight Management Corporation.
The management of labor in a number of economic groups and state corporations shall be conducted according to the following contents:
1. The company must formulate a labor plan as a basis for recruiting employees.
2. The labor plan is formulated based on production and business plans, labor levels, organizational structure and indirect labor structure streamlined and reasonable.
3. The labor plan is approved by the Members’ Council or Board of Directors before implementation.
4. The recruitment of employees must be conducted publicly and transparently, according to the provisions of law and the labor recruitment regulations, the company’s charter.
5. In case the recruitment of labor exceeds the demand for use, resulting in excess of termination of labor contract, increasing the cost of the company, the General Director must be responsible (including the deduction salaries and bonuses) before the Members’ Council or the Board of Directors of the company.
The promulgation of Decree 20/2020 / ND-CP aims to ensure the openness and transparency in labor, salary and bonus management activities at a number of state-owned economic groups and corporations. maximizing the loss or acts of private interests of state property at a number of state-owned economic groups and corporations.

Conditions for trading minerals
Answered

On February 5, 2020, the Government issued Decree 17/2020 / ND-CP amending the Decree related to conditions for business investment in the field of state management of the Ministry of Industry and Trade. This Decree, takes effect from March 22, 2020.
Pursuant to Article 14 of the Government’s Decree No. 17/2020 / ND-CP amending and supplementing Article 1 of Decree No. 77/2016 / ND-CP of July 1, 2016, amending and supplementing a number of provisions on business investment conditions in the field of international goods trading, chemicals, industrial explosives, fertilizers, gas business and food business under the state management scope of the Ministry of Industry and Trade. Accordingly, mineral trading enterprises need to meet the following conditions:
a) Being a trader according to the provisions of the Commercial Law;
b) Traders may only trade in minerals of lawful origins. In the case of:
– To be allowed to exploit or fully exploit from mines, mine sites and landfills within the valid time of the License for exploitation or the License for full exploitation granted by a competent State agency;
– Minerals are imported according to the Imported Goods Declaration certified by the border gate Customs;
– Due to confiscation and sale by competent state agencies.
c) For exported minerals, they must be on the list of categories and meet the standards and quality prescribed by the Ministry of Industry and Trade. For minerals exported in thorium or uranium-containing contents equal to or greater than 0.05% by weight, a permit for export of radioactive materials from the Ministry of Science and Technology is required under the Raw Energy Law. death.
d) In cases where imported minerals are still in stock because they are not fully consumed in the country or they need to be transferred abroad for analysis, research and testing of processing technology and other special cases, traders must submit a written request for export;
d) Mineral traders must comply with the provisions of law on environmental protection, safety, labor hygiene, fire prevention and fighting.
The promulgation of Decree 17/2020 / ND-CP is necessary in the current context. Because the strong socio-economic development takes place not only within the national and international scope, it also leads to guidelines and regulations on the management of conditions in certain business areas to satisfy the current situation.

Simplifying the conditions of alcohol production and trading below 5.5 degrees
Answered

On February 5, 2020, the Government issued Decree No. 17/2020 / ND-CP on amending and supplementing a number of articles of decrees related to business investment conditions in the field of house management. Ministry of Industry and Trade. In this Decree, the provisions on liquor trading in Decree 105/2017 / ND-CP are changed by the Government into conditions for trading in alcohol with an alcohol content of over 5.5 degrees and supplementing a separate chapter on production and trading. Alcohol trading with less than 5.5 alcohol. In particular, the conditions of alcohol production and trading with an alcohol content of less than 5.5 degrees are as follows:
(1) Conditions for wine production with an alcohol content of less than 5.5 degrees include:
+ Being an enterprise, cooperative, cooperative union or business household established under the provisions of law;
+ Comply with the provisions of the law on food safety;
+ Register with the Economic Department or the Economic and Infrastructure Division of the district-level People’s Committee where the trader is located. In case of changes in registered contents, additional registration must be made.
(2) Conditions for importing liquor with an alcohol content of less than 5.5 degrees:
+ Being an enterprise, cooperative, cooperative union or business household established under the provisions of law;
+ Comply with the provisions of the law on food safety;
+ Wine is only imported into Vietnam through international border gates;
+ Register with the Economic Department or the Economic and Infrastructure Division of the district-level People’s Committee, where the trader is headquartered before conducting business activities. In case of changes in registered contents, additional registration must be made.
(3) Conditions for selling alcohol with an alcohol content of less than 5.5 degrees
+ Being an enterprise, cooperative, cooperative union or business household established under the provisions of law;
+ Comply with the provisions of the law on food safety;
+ Register with the Economic Department or the Economic and Infrastructure Division of the district-level People’s Committee where the business is located before conducting business activities. In case of changes in registered contents, additional registration must be made.
Decree No. 17/2020 / ND-CP takes effect from March 22, 2020. Thus, conditions on wine production and trading with an alcohol content of less than 5.5 degrees are prescribed in a simpler way. In addition, the Decree also clearly states the obligations of liquor traders with an alcohol content of less than 5.5 degrees, including: importing, buying and selling liquor of lawful origin; ensure the shelf life of wine products as announced by production establishments; comply with the provisions of the Law on Prevention and Control of Alcohol and Beer Harm and other provisions of law.

Procedures for certifying Vietnamese nationality or having Vietnamese origin
Answered

On February 3, 2020, the Government issued Decree No. 16/2020 / ND-CP detailing a number of articles and measures to implement the Law on Vietnamese Nationality. This Decree takes effect from March 20, 2020 and replaces Decree No. 78/2009 / ND-CP of September 22, 2009 and Decree 97/2014 / ND-CP of October 17, 2014.
Accordingly, Decree No. 16/2020 / ND-CP has a number of new provisions on the order and procedures for certification of Vietnamese nationality or Vietnamese origin. This new regulation contributes to help overseas Vietnamese to prove their Vietnamese origin or nationality through the confirmation of Vietnamese authorities before requests from competent agencies. overseas where expatriates live. These requirements not only contribute to creating conditions for expatriates to meet their essential needs, do business, invest, study, educate, get married … but also help the competent authorities in Foreign countries have grounds to protect their lawful rights and interests when living abroad.
The certification of Vietnamese nationality or Vietnamese origin shall be carried out at the Department of Justice if he / she is residing in Vietnam or a Vietnamese representative agency in the country of residence.
The main documents to perform include:
1. Declaration according to form
2. Identity papers such as identity card, citizen identity card, temporary residence card, laissez-passer or international travel document
3. Papers proving Vietnamese nationality or having Vietnamese origin
4. 02 4×6 shots
Thus, Decree 16/2020 / ND-CP has contributed to further protecting the protection rights of Vietnamese expatriates (having Vietnamese nationality or Vietnamese origin) living and working in the country. At the same time, creating a clear and specific legal corridor on the order, records and procedures for certification so that overseas compatriots can easily

Ensuring logistics for prevention and control of nCoV epidemic in the locality.
Answered

On February 1, 2020, the Ministry of Health issued Directive No. 398 / BYT-KHTC instructing the logistics assurance for nCoV epidemic prevention in localities.
Accordingly, the Ministry of Health requires the Department of Health to carry out the following:
1. To advise the Provincial People’s Committee to direct and organize the strict implementation of Official Telegraph No. 121 / CD-TTg of January 23, 2020, Directive No. 05 / CT-TTg of January 28, 2020 of the Prime Minister Government, Directive 03 / CT-BYT dated 22/01/2020 of the Ministry of Health on strengthening the prevention and control of acute respiratory infections caused by nCoV and guiding documents of the Ministry of Health.
2. Strengthen medical quarantine at international border gates, verification supervision to detect suspected cases early.
3. Directing the organization of the permanent prevention and contain new disease caused by nCoV 24/24 hours.
4. Formulating a budget plan to ensure the prevention of epidemics proposed with the provincial People’s Committee.
– Ensure funding for preventive medicine facilities to purchase necessary materials, chemicals and equipment to prevent and combat epidemics at each epidemic level, especially testing chemicals in case of strong spread of epidemic. at the community. Require units to ensure adequate personal protective equipment for health workers participating in the prevention and control of epidemic, not to infect health workers.
– Ensure funding for local hospitals to manage the preparation of chemicals, drugs, supplies and equipment needed for treatment units according to each level of translation, especially chemical testing. in case the epidemic spreads strongly in the community. Require hospitals to ensure adequate personal protective equipment for doctors, nurses, nurses, drivers (caregivers and patient contacts), not to infect staff medical.
– Ensure funding for payment of anti-epidemic allowances, permanent 24-hour anti-epidemic allowances, expenses for collaborators and volunteers participating in anti-epidemic group A in accordance with Article 3 of Decision No. 73/2011 / QD-TTg dated 28/12/2011 of the Prime Minister stipulating a number of specific allowances for civil servants, public employees and employees in public health facilities and allowance regime anti-epidemic.
The Ministry of Health requires directors of provincial / municipal Health Departments to urgently implement it.
The above directive creates a unified and synchronized plan across the country in the urgent prevention and control of epidemic as at present.

Examining and disciplining the implementation of the law on handling of administrative violations.
Answered

On February 12, 2020, the Government issued Decree No. 19/2020 / ND-CP providing for the inspection and disciplining of law enforcement in handling administrative violations.
Accordingly, from the date of March 31, 2020, the time this Decree takes effect, the examination and disciplining will be conducted periodically in each locality, each region and each specialized branch.
Based on the recommendations of the advising agencies, or based on the fact that obstacles, obstacles, difficulties and shortcomings have occurred in the handling of administrative violations, the heads of agencies with the function of law enforcement handling administrative violations will issue inspection decisions and set up inspection teams. The inspection team will conduct a thorough review of the total number of violations, inspect the compliance with the law in making records of administrative violations, issue decisions on handling of administrative violations, and decisions on application of measures. to prevent, and collect, remit and manage administrative fines.
Based on the conclusions of the inspection team, officials and public employees who commit acts of violation will be subject to disciplinary measures, including reprimand, warning, wage reduction, demotion, dismissal, forced dismissal. .
Thus, with the issuance of Decree 19/2020 / ND-CP, the Government shows great determination in tightening the state management in the field of handling administrative violations, contributing to limiting the expression of corruption and negative.

Regulations on determining unit labor costs of construction
Answered

On December 26, 2019, the Ministry of Construction issued Circular No. 15/2019 / TT-BXD guiding the determination of construction labor unit price. This Circular takes effect from February 15, 2020, replacing Circular No. 05/2016 / TT-BXD guiding the determination of labor unit prices in construction investment expense management.
Accordingly, the content of construction labor unit prices is specified as follows:
– Workday unit price of a construction worker is the workday unit price of a worker directly engaged in construction production, a driver, an operator of construction machines and equipment and a survey engineer; ship captains, mate captains, river ship operators, seagoing ships, sailors, mechanics and technicians; artisans, divers work under normal conditions.
– Workday unit price of a construction consultant is the unit price of a construction consultant in the country, including senior engineers and project managers; main engineers and department heads; engineer; technicians of intermediate, college, vocational training level; in which, including all salaries, salary allowances, insurance premiums which are the responsibility of the employees to be paid according to regulations (social insurance, health insurance, unemployment insurance, funding Union).
– The unit price of construction workers of particular jobs is the unit price of construction workers working in dangerous and hazardous conditions (construction works of steep hills and tunnels; construction works on islands and islands. and some other works of particular nature).
– Construction labor unit prices are surveyed, determined and published according to 10 construction work groups in Appendix 2 to this Circular. As for the 11th construction workers group, which is a separate construction work group, the survey and announcement of construction labor unit prices of this group depend on the specific characteristics of each locality.
– Unit price of construction consultancy workers is surveyed, determined and announced according to 04 groups of construction consultancy jobs published in Appendix 3 of this Circular.
Circular 15/2019/TT-BXD in particular or the current relevant legal documents in general have had fundamental changes that contribute to making labor pricing in construction become more practical, withdrawing The gap between labor prices in the construction market and labor prices is determined by legal bases.