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Legal answers
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.

Conditions for goods to apply Vietnam’s particularly preferential import tax rate
Answered

On January 5, 2020, the Government issued Decree 07/2020 / ND-CP on Vietnam’s special preferential import tax schedule to implement ASEAN – Hong Kong, China Free Trade Agreement for the period 2019 – 2022. This Decree takes effect from February 20, 2020.
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 other processes necessary to preserve the goods 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.
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 the tax has been paid at a higher rate, the customs office will handle the overpaid amount in accordance with the law on tax administration.

List of goods exempted from import tax for prevention and control of acute respiratory syndrome caused by new type of Corona virus issued by the Ministry of Finance
Answered

On February 7, 2020, the Ministry of Finance issued Decision No. 155 / QD-BTC on the list of goods exempted from import tax for the prevention and control of acute respiratory syndrome caused by new type of Corona virus issued by the Ministry of Finance. This Decision takes effect from the date of signing.
Accordingly, tax exempt subjects focus on the following items:
– Medical masks and materials for the production of medical masks, such as: Non-woven fabrics, Antimicrobial filters, Elastic bands, Nasal splint strips;
– Sanitizing hand sanitizer;
– Disinfectant water; and
– Other necessary supplies and equipment, such as: Costumes for prevention of epidemics, including trousers, shirts, glasses, medical masks, helmets, gloves, shoes.
The above exempt products have management policies, procedures, as well as tax exemption dossiers comply with current law.
The Ministry of Finance’s issuance of Decision 155 / QD-BTC shows the State’s determination to fight the pandemic caused by the new strain of corona virus. At the same time, control and reverse speculative acts of hoarding, in order to increase the price of medical equipment for personal gain.

Legal News No. 05/2020
Answered

Disease control in the process of settling goods import and export procedures
Answered

On February 5, 2020, the Government Office issued Official Letter No. 808 / VPCP-KTTH announcing the Prime Minister’s directing opinion on the implementation of import, export and transportation of goods across borders to control disease in the current period.
In the plan to implement solutions to prevent new disease caused by new type of coronavirus (nCoV), while ensuring the activities of import, export and cross-border transportation of goods are normal, The Government Office informed the Ministries and localities about the implementation of the Prime Minister.
Accordingly, the import, export and transport of goods across borders continue to comply with regulations; to ensure that epidemic prevention and control do not disrupt production and business activities of enterprises. For operators of transporting goods (without passengers) across the border from epidemic areas, which are allowed to enter and exit but must be strictly supervised by health, measures must be taken to prevent epidemics. In addition, these people are only allowed to go to the place of delivery and receipt of goods, to the point of isolation at the border gate area, not allowed to go deep into the inland.
In order to ensure the maximum effectiveness of the epidemic prevention and control activities, other economic activities must be ensured normally, especially the import and export of goods. On the basis of the Prime Minister’s directing opinions, agencies such as the Ministry of Industry and Trade, the Ministry of Health, Foreign Affairs, Police, National Defense, Transport, Finance and the People’s Committees of provinces and cities must instruction and direct implementation in the country in general and in particular in the locality. At the same time, coordinate with customs authorities and authorities at the border to closely supervise import and export activities.
Thus, in the context of the new disease caused by the coronavirus, the country has intensified the application of optimal measures to eliminate risks of disease transmission, the cross-border import-export activities continue. This procedure must be carried out in accordance with regulations, but must ensure safety and limit the spread of infection. This is a necessary and very important measure to minimize the spread and generation of viruses while facilitating the normal business operation of the enterprise

Officially abandon the form of training at university degree
Answered

On December 30, 2019, the Ministry of Education and Training issued Circular 27/2019 / TT-BGDDT stipulating the main content of the higher education diploma and annex (bachelor’s, master’s degree). doctoral, doctorate, and equivalent qualifications). This Circular takes effect from March 1, 2020.
According to the Circular, there are 10 main contents recorded on higher education diplomas, including:
1) The motto
2) Name of the degree according to each training level (bachelor’s degree, master’s degree, doctorate degree, equivalent qualification).
3) Training industry.
4) Name of the higher education institution that grants the degree.
5) Full name, middle name, name of the person who is granted the degree.
6) Date of birth of the person who is granted the degree.
7) Graduation class (if applicable).
8) Place name, date of granting diploma.
9) Titles, signatures, surnames, middle names, names of persons competent to grant diplomas and affix stamps according to regulations;
10) Serial number and number in the original register for granting diplomas.
In addition to the main content that must be included in the university diploma as listed, the higher education institution is allowed to supplement other items on the higher education diploma in accordance with the law.
Therefore, it is noteworthy that on the higher education diploma no longer shows the content of the form of training: “Regular”, “Learning by doing”, “Distance learning” as guided in Appendix issued together with Circular No. 19/2011 / TT-BGDĐT. According to Article 3 of Circular 27/2019 / TT-BGDDT, the form of training is one of the contents recorded in the annex of diplomas. In addition, stipulating the registration of degrees by each level of education: bachelor’s degree, master’s degree, doctorate degree shows that a university diploma will be collectively referred to as a bachelor’s degree, no longer recorded by major. as today (by engineer, architect, doctor …).
Circular 27/2019 / TT-BGDDT takes effect from March 1, 2020 and replaces the Circular 23/2009 / TT-BGDĐT on master form, Circular 24/2009 / TT-BGDĐT about the doctorate form; Circular 19/2011 / TT-BGDDT about the model of university diploma; Circular 20/2011 / TT-BGDDT on the form of honorary doctorate The main provisions on the higher education diplomas and appendices of the Circular have ensured the consistency with the amended Higher Education Law 2018 taking effect from July 1, 2019. on not distinguishing university degrees by the form of training.

Some guidelines on procedures for returning Vietnamese nationality
Answered

On February 3, 2020, the Government issued Decree No. 16/2020 / ND-CP guiding the law of Vietnamese nationality. This Decree takes effect from March 20, 2020.
Accordingly, the application for restoration of Vietnamese nationality is guided in Article 3, Decree 16/2020 / ND-CP with the following main contents:
About receiving agencies:
Applicants for restoration of Vietnamese nationality may directly submit or send dossiers via the postal system to the agencies competent to process dossiers according to the provisions of the Law on Vietnamese Nationality and this Decree, without commission. the right for others to submit an application, including: provincial-level Justice Department, overseas Vietnamese representative agency, part-time representative agency or representative agency which is most convenient (in case of absence of a representative office). face).
Legal requirements on records:
In cases where the law stipulates that the papers to be submitted are copies, the applicants for nationality-related matters may submit papers which are copies from originals, authenticated copies from originals or copies granted from original book. If you submit a copy from the original, you must have the original for comparison; the person who receives the inspection record, compares the copy with the original and signs for reconciliation.
If the application is sent by the postal system, the copy of the paper must be certified from the original or issued from the original register; Applications, declarations and curriculum vitae must be certified with signatures according to the provisions of law.
Processing of records
The person handling the file is responsible for checking the validity of the documents in the file. In case the dossier is not complete and valid, the instructions will be supplemented and completed. If the dossier is complete and valid, the person who receives the dossier shall record it in the acceptance book and issue a record of acceptance of the dossier in the prescribed form to the applicant. In case the application is sent by the postal system, the person who receives the application will send a Receipt note to the applicant through the postal system.
Returns results:
Results of handling of nationality are paid directly or sent by the postal system to the requester. The person who requests for the results to be sent by the post system must pay the costs for returning the results to the postal system.
The promulgation of Decree 16/2020 / ND-CP plays an important role in ensuring that procedures related to Vietnamese nationality are carried out properly and consistently. At the same time, the Decree helps people to grasp the order of implementation, openness and transparency of administrative procedures.

Conditions of passenger transport business by car
Answered

Decree No. 10/2020 / ND-CP issued by the Government on January 17, 2020 takes effect on April 1, 2020 providing for cars and business conditions. According to this Decree, conditions for passenger transport business by auto must meet the following conditions:
Number 1: Conditions for passenger transport business by auto must meet the following conditions:
a) Must be under the ownership or legal use right under the vehicle lease contract of the passenger transport business unit with the organization, individual or business cooperation contract as prescribed. law.
b) Automobiles used for passenger transport business on fixed routes must have a capacity of 09 seats or more (including drivers) and have the following service life: No more than 15 years (starting from the year of manufacture) ) for vehicles operating on the route for more than 300 km, not exceeding 20 years (from the year of manufacture) for vehicles operating on the route with a distance of 300 km or less;
c) Cars used for passenger transportation by bus have a service life of no more than 20 years (counting from the year of manufacture);
d) A taxi must have a capacity of under 9 seats (including the driver) and have a service life of no more than 12 years (starting from the year of manufacture); do not use vehicles renovated from a capacity of 09 seats or more to be cars of less than 09 seats (including the driver) or vehicles with the same size and style of cars of 09 seats or more for transport business. loading passengers by taxi;
d) Passenger cars used for transport business with a service life of no more than 15 years (counting from the year of manufacture). Contractual cars used for passenger transport business shall have the following service life: No more than 15 years (from the year of manufacture) for vehicles operating on itineraries with a distance of over 300 km, not more than 20 years (counting from the year of manufacture) for vehicles operating on a journey with a distance of 300 km or less.
Particularly for cars used for passenger transport business and cars under contract for passenger transport with a capacity of under 9 seats (including driver) using electronic contracts with a service life of no more than 12 years (starting from the manufacturing year).
Monday: Before July 1, 2021, passenger transport business cars with a capacity of 09 seats (including drivers) or more must be fitted with cameras that ensure recording and storing images on vehicles (including (including driver and vehicle doors) during traffic. Image data is provided to the Public Security, Traffic Inspectorates and licensing agencies, ensuring transparency and public supervision. The storage time for images on the vehicle is as follows:
a) At least the latest 24 hours for vehicles operating on a journey of up to 500 km;
b) At least the latest 72 hours for vehicles operating on journeys with a distance of over 500 kilometers.
This Decree is issued to help businesses wishing to carry on passenger transport by cars with a standard of legal system for businesses to implement.

Highlights in the Prime Minister’s Directive No. 06 / CT-TTg on strengthening measures to prevent and combat Corona virus
Answered

Facing the risk of disease outbreaks caused by new strains of Corona virus (“nCoV”), on 31/01/2020 the Prime Minister issued Directive No. 06 / CT-TTg to strengthen measures, prevent and control epidemic that are showing complicated movements in current. This article will review some important contents of the Directive. Specifically:
Firstly, the Directive has issued regulations prohibiting / restricting / strictly controlling immigration activities in Vietnam.
– Temporarily suspend flight permits for all flights from Chinese epidemic areas to Vietnam and vice versa except for special cases subject to the Prime Minister’s approval.
– Temporarily suspending the issuance of tourist visas to foreign visitors (including Chinese tourists) who have been or have been in China in the past 2 weeks, except for official duty visas in special cases.
– Stop immigration with border laissez-passers for tourism purposes.
– Prohibit travel through trails and openings of Vietnam-China border area.
– Strictly control pedestrians at all border gates, stop activities of transporting tourists, and do not bring Vietnamese laborers to China to work.
– Strengthening the supervision of Chinese citizens and laborers living and working in Vietnam to return home to celebrate Tet holiday, returning to Vietnam, closely monitoring suspected cases of infection within 14 days; isolation, monitoring, timely treatment of infected cases.
– Carry out disinfection of suspected disease points according to regulations.
Secondly: The directive has introduced regulations on trade restrictions
– Temporarily close trails and open paths; discourage trade and exchanges with China during epidemics.
– Speculation is prohibited, hoarding goods, raising prices of masks, supplies and medical equipment in service of epidemic prevention and control. Ministries and localities shall strengthen control and management of this and strictly handle violations.
Thirdly, the Directive also sets out specific tasks for each ministry, sector, local People’s Committee, organizations and individuals to closely coordinate to implement.
Despite previous directives (Official Letter No. 121 / CD-TTg of January 23, 2020, Directive No. 05 / CT-TTg of January 28, 2020 and direction of the Party Central Committee’s Secretariat at Official Letter No. 79-CV / TW dated January 30, 2020). However, in many localities, the morale and awareness of prevention and control of this disease are not high, there are no specific plans, plans and measures to proactively cope with the disease. Directive 06 / CT-TTg was issued to provide timely adjustments on the importance of prevention and control of nCoV epidemic, through which, from the Government to each people must unite and unite to control epidemics well, safety assurance for people’s lives and health, minimizing possible deaths.
Directive No. 06 / CT-TTg takes effect from the date of its signing, on January 31, 2020.

Vietnam suspends acceptance of Chinese workers returning to work
Answered

On February 2, 2020, the Minister of Labor, War Invalids and Social Affairs issued Official Letter No. 01 / CĐ-LDĐXHXH on strengthening measures to prevent and control new disease caused by new type of conoravirus.
Accordingly, the Minister of Labor, War Invalids and Social Affairs shall propose presidents of People’s Committees of provinces and centrally-run cities and heads of units under the Ministry to implement a number of contents related to management the imigration of Chinese workers and others, specifically as follows:
– Requesting units, businesses and organizations employing foreign laborers in localities to temporarily stop accepting workers from China to return to Vietnam for Tet to return to Vietnam to work and to work as expatriates. in addition to moving through the epidemic areas during the nCoV disease announcement;
– The Department of Employment shall assume the prime responsibility for, and coordinate with localities in, reviewing, updating and updating daily data and health information related to foreign laborers coming from epidemic areas, especially Chinese laborers. Quoc.
Official Letter No. 01 / CĐ-LĐTBXH stipulating the restriction of the right of imigration of Chinese workers returning Vietnam to work is extremely necessary in the context of the complicated disease situation and aims to ensure national safety and security. At the same time, it contributes to helping China limit and localize to control the spread of disease.