On January 8, 2020, the Government issued Decree No. 08/2020 / ND-CP stipulating the organization and operation of the huissier.
Accordingly, from February 24, 2020, when the Decree comes into effect, the making and use of licenses issued by the huissier will have to comply with the new provisions of Decree 08/2020 above. Specifically:
The huissier will not be allowed to make a certificate to confirm the content, the signing of the contract, the transactions prescribed by law under the scope of notarization and authentication activities; certifying the accuracy, legality and non-social morality of the translation of papers and documents from Vietnamese into foreign languages or from foreign languages into Vietnamese; certify signatures and copies true to the originals or record events and acts to transfer the right to use, ownership of land and assets without papers evidencing the right to use or ownership according to the regulations of law.
In addition, the Decree also for the first time recorded specifically the legal value of Vi equals. According to Article 36 of the Decree, a valid certificate recognizes real events and acts that are not a substitute for notarization, authentication or other administrative documents. Vi bang is a source of evidence to consider in the process of resolving civil and administrative disputes.
Thus, with the promulgation of Decree 08/2020, the Government has taken action to reorganize the huissier’ operations, limiting the variables of committing activity to equal property transactions, real estate is not yet eligible for transaction or has no certificate of ownership or use right yet. At the same time, it helps people have a complete and correct awareness of the legal value of degree making.
On November 28, 2019, the Ministry of Public Security issued Circular No. 67/2019 / TT-BCA providing for the exercise of democracy in traffic order and safety.
Accordingly, stipulating one of the forms of People’s supervision for the operation of the traffic police force is supervision through audio recording, video recording or direct observation.
However, when recording and recording traffic police on duty, people need to ensure the following 3 conditions:
– Do not disturb the normal activities of officers and soldiers while performing their duties;
– Outside the area to ensure traffic order and safety (for areas where traffic order and safety area is implemented);
– Comply with other relevant laws.
Compared to before, there is no law banning people from recording and recording traffic police on duty. Thus, according to the general principle “the people can do what the law does not prohibit”, so they have the right to record and record the traffic police. However, there will be cases where the audio and video recording of people affect the traffic police order and safety assurance activities. Therefore, this new regulation ensures the people’s right to supervision without affecting traffic order and traffic safety activities of the traffic police.
Circular 67/2019 / TT-BCA officially takes effect from January 15, 2020.
On December 26, 2019, the Ministry of Construction issued Circular No. 16/2019 / TT-BXD guiding the determination of project management costs and construction investment consultancy for the project that use State budget, non- State budget capital and investment project in the form of public-private partnership (PPP) prescribed in Clause 2, Article 32 of Decree No. 68/2019 / ND-CP of August 14, 2019 of the Government on construction cost management.
Accordingly, the determination of project management costs and consultancy expenses in the transition period prescribed in Article 36 of Decree No. 68/2019 / ND-CP are specified as follows:
– Construction investment projects that have been approved before October 1, 2019 and are being implemented, may continue to use and apply the norms of management costs and norms of consultancy expenses under the Decree. 32/2015 / ND-CP.
In case a project management bidding package or consultancy bidding package has not signed a contract after February 15, 2020, the person determining investment shall decide to apply the project management expense norm and consultancy expense norm. Issued in Circular 16/2019 / TT-BXD to adjust the price of project management package, consulting package but must meet the progress and efficiency requirements of the project.
– For approved construction investment projects after October 1, 2019:
+ In case the project management bidding packages, consultancy bidding packages have been used, the cost norms applied under the provisions of Decree 32/2015 / ND-CP are used to determine the price of project management package and packages consultancy contractors, who have selected contractors and signed contracts before February 15, 2020, shall comply with the contents of the signed contracts.
+ In case the project management bidding package, consultancy bidding package have not yet selected contractors or are selecting contractors before February 15, 2020, the cost norms for project management and spending Consultancy fee issued in Circular 16/2019 / TT-BXD to update the price of project management package, consultancy package.
– For project management and consultancy contracts signed before February 15, 2020, the contract contents shall comply with the provisions of law applicable to the contract.
The issuance of a circular creates a clear legal corridor for agencies, organizations and individuals in determining project management costs and construction investment consultancy for projects funded with state budget capital, non- state budget capital, and investment project in the form of public-private partnership.
On December 25, 2019, the State Bank of Vietnam issued Circular 28/2019 / TT-NHNN on amending and supplementing a number of articles of Circular 19/2016 / TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam prescribing the operation of bank cards. This Circular takes effect from April 1, 2020, and Clause 14, Article 1 of this Circular takes effect from January 1, 2020.
Accordingly, a number of provisions related to bank card users (primary and supplementary cardholders) are amended and supplemented as follows:
– For the main cardholder being an organization:
+ Organizations eligible to open payment accounts may use debit cards;
+ Organizations being legal entities established and operating legally according to Vietnamese law may use credit cards, prepaid cards;
+ Cardholder is an organization authorized in writing to individuals to use their card or to allow individuals to use supplementary cards as prescribed.
– For supplementary cardholders who are from 15 to under 18 years old do not lose or have limited civil act capacity to use debit card, credit card, prepaid card (No longer required to receive the written agreement of the legal representative).
In addition to amending and supplementing a number of regulations on subjects entitled to use cards, the Circular also amends and supplements a number of other contents of Circular 19/2016 / TT-NHNN such as the principle of card use, ensure safety in card usage, trace, and handle complaints during the card usage …
On December 30, 2019, the Government issued Decree 99/2019 / ND-CP detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education, including provisions on the system of diplomas and certificates of higher education. Specifically, according to Article 15 of the Decree, the system of diplomas and certificates of higher education includes:
– A bachelor’s degree issued to graduates of a university-level training program prescribed by law, meeting grade 6 output standard requirements according to Vietnam’s national qualifications framework and specific and lawful regulations. of training institutions;
– Masters degree granted to graduates of the master’s degree training program in accordance with the law, meeting the requirements of output level 7 according to the Vietnam National Qualifications Framework and specific and lawful regulations. of training institutions;
– Doctor degree granted to graduates of doctoral degree training program in accordance with the law, meeting the requirements of output level 8 according to the Vietnam National Qualifications Framework and specific and lawful regulations. of training institutions;
– Equivalent qualifications: Qualifications for a number of specialized specialized training programs of the higher education system, including medical doctor, dentist, traditional medicine doctor, pharmacy diploma doctors, veterinarians, engineers, architects, and a number of other qualifications specified by the Government are granted to graduates of training programs for a number of trained programs. Specific intensive training is as follows:
+ The program has a learning volume of 150 credits or more for people who have graduated from high school and the equivalent or have a study volume of 30 credits or more for people who have graduated from university level;
+ The program has a learning volume of 90 credits or more for people with qualifications equivalent to Level 7 according to the Vietnam National Qualifications Framework.
Based on the provisions of the entrance conditions, the minimum learning volume, teacher standards, output standards and other standards in the curriculum standards of higher education levels as prescribed by the Ministry of Education. and Training, graduates of specific specialized training programs are ranked in the corresponding level in the Vietnam National Qualifications Framework. Thus, with the program of university training lasting from 5 to 6 years, the graduate degree granted engineers, doctors, pharmacists will be equivalent to level 7 of the masters.
– Certificates for a number of specialized specialized training programs of the national education system are granted to learners who have completed training or fostering programs to raise their educational and career levels by ministries and agencies. be equal to the regulations or grant students to take exams to meet the requirements for certification, in accordance with the regulations on certification in the national education system.
Decree 99/2019 / ND-CP takes effect from February 15, 2020. With specific guidelines on the “equivalent qualifications” regulated in the amended Higher Education Law 2018, the Decree will overcome the shortcomings related to the identification of diplomas and evidence belonging to the system of diplomas and certificates of higher education.
On November 14, 2019, the Government issued Decree No. 84/2019 / ND-CP providing for fertilizer management effective from January 1, 2020.
According to Article 12 of Decree No. 84/2019 / ND-CP, to produce fertilizers, individuals and organizations must meet the following conditions:
The production area has walls and barriers separated from the outside; have firm structural workshops; walls, ceilings, partitions and doors ensure quality control requirements.
The fertilizer production line, machinery and equipment must be compatible with the production process for each type of fertilizer and type of fertilizer specified in Appendix II issued with Decree No. 84/2019 / ND-CP.
Having a testing laboratory accredited in accordance with ISO 17025 standard or having a contract with a designated testing organization in accordance with the law on product and goods quality except packaging facilities. fertilizer.
Having a quality management system accredited in accordance with ISO 9001 or equivalent, for newly established establishments, after 01 year at the latest from the date of the certificate of eligibility for fertilizer production.
The promulgation of Decree No. 84/2019 / ND-CP is an important legal basis to guide and quantify criteria and conditions for fertilizer production prescribed in the Law on Crop Production in 2018. Besides, The addition and clarification of the criteria of the fertilizer production conditions show that the legislators have a view to restrict the influence of fertilizer production on the surrounding environment by the regulations. quantitative properties for fertilizer production conditions.
On January 1, 2020, the Government issued Decree No. 03/2020 / ND-CP to amend and supplement Clauses 5, 6 and 11, Article 68 (Transitional provisions) of Decree No. 36/2016 / ND-CP amended and supplemented in Decree No. 169/2018 / ND-CP on management of medical equipment. As follows:
For medical equipment of types B, C and D:
– If it is on the list of import licensing and has been granted in 2018, 2019, 2020, 2021: The license will continue to be valid until the end of December 31, 2021, and will be imported with The amount is not limited and not controlled by the Customs.
– If not on the list of those subject to issuance of an import license: Will continue to import until the end of December 31, 2021 on demand, no quantity limit, no need to certify that the medical equipment of Ministry of Health when carrying out customs clearance procedures.
For medical equipment of type A:
– If there is already a receipt of the application for approval of the applicable standard issued by the Department of Health: it will continue to be imported on demand, without quantity restrictions, without the need for a classification and a confirmation document that is necessary. medical equipment of the Ministry of Health when performing customs clearance procedures;
For medical equipment being in vitro diagnostic bio-products:
– If the import license was granted in 2018, 2019, 2020, 2021: The license will continue to be valid until the end of December 31, 2021, to be imported in unlimited quantities and without being Customs control.
– If the circulation registration certificate has been issued in accordance with the 2005 Pharmacy Law and the documents guiding the implementation of this Law, the circulated number will be valid until the end of the time stated in the registration certificate onions. Unless the circulation number is recorded to expire after January 1, 2019 and before December 31, 2021, the issued circulation will be valid until the end of December 31, 2021;
For ASEAN common technical dossier (CSDT):
– Will be applied from December 31, 2021. Accordingly, starting from December 31, 2021, establishments requesting for circulation no longer need to provide documents specified at Points g, i, m, Clause 1, Article 26 of Decree No. 36/2016 / ND. -CP.
Decree 03/2020 / ND-CP takes effect along with the signing date for issuance, which is intended for January 1, 2020.
Decree 03/2020 / ND-CP revises the previous Decrees on the transitional provision, which is very important for a legal document, helping us determine the specific time limit of import licenses, circulation registration papers previously issued for each type of medical equipment, which serve as a basis for organizations and individuals involved in production, trading, and import activities. import and provide medical equipment services to perform necessary tasks to maintain the relevant conditions, ensure compliance with the provisions of the law on management of medical equipment.
The Government has just promulgated Resolution 02 / NQ-CP on continuing to carry out the main tasks and solutions to improve the business environment and enhance national competitiveness in 2020, effective from 01/01/2020.
Accordingly, continue to improve scores and rankings of business environment indicators as follows:
About start – up
+ The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Planning and Investment in building an online labor information recording system connected to the National Business Registration Information System (completed in the fourth quarter of 2020).
+ The Ministry of Planning and Investment continues to improve the draft Enterprise Law (amended) and submit it to the National Assembly at the May 2020 session; …
Regarding contract dispute resolution and business bankruptcy settlement
+ The Ministry of Justice guides the implementation of measures to improve the contract dispute resolution index and business bankruptcy settlement; propose amendments to the Law on Civil Judgment Execution to simplify procedures, shorten time and reduce civil judgment execution costs. Implementing fee collection through non-cash method.
Promote cashless payments and provide online public services in level 4
+ Ministers and Heads of ministerial-level agencies direct the provision of at least 30% of online public services under their jurisdiction at level 4; allowing people and enterprises to pay without using cash by many different means; integrate into the National Public Service Portal according to the roadmap; accelerate the method of receiving dossiers and returning results of handling administrative procedures through public postal services.
About construction permit
+ MOC revises the process and procedures for granting construction permits in order to shorten the time of granting permits and construction inspection and examination not exceeding 50 days;
+ Proposing the application of risk management methods in construction investment activities to reduce the number of inspections and the number of approvals; …
According to Resolution 02 / NQ-CP, the Government has introduced a lot of solutions to increase competitiveness for businesses, contributing to promoting economic development, creating a friendly business environment, attracting many investors. domestically and internationally.
On November 29, 2019, the Ministry of Industry and Trade issued Circular No. 37/2019 / TT-BCT detailing a number of contents on trade remedies. This Circular takes effect from January 15, 2020.
Accordingly, the Circular stipulates adding 02 types of documents to the application file for exemption from trade remedies, including:
– Information about the establishment, production line and production volume of the goods requested for exemption in the latest three years and the current year;
– Documents evidencing the need to use the amount of goods requested for exemption, including contracts signed with customers, approval of ongoing projects or other relevant documents.
In addition, the remaining components of the application file are preserved in accordance with Article 12 of Circular 06/2018 / TT-BCT dated 20/4/2018.
In addition, at the information section about imported goods requesting exemption in the form of Application for exemption from application of trade remedies, no longer require information on the effective import tax rate under Export and import tax schedules from time to time.
New regulations on the composition of additional documents to ensure that the competent authority receiving applications for exemption from trade remedies are fully informed; At the same time, it helps to quickly and accurately review dossiers, ensuring the lawful rights and interests of traders and organizations that request exemption from application of trade remedies.
