On November 12, 2019, the Minister of Industry and Trade issued Circular No. 22/2019 / TT-BCT providing regulations on temporary suspension of trading in border-gate transfer and temporary import of plywood into Vietnam for re-export to the United States. This Circular takes effect from December 27, 2019.
Accordingly, Circular No. 22/2019 / TT-BCT prescribes business activities of border-gate transfer, business activities temporarily imported into Vietnam for re-export to the United States of plywood products of group HS 44.12 according to the List. Vietnamese exports and imports issued together with the Ministry of Finance’s Circular No. 65/2017 / TT-BTC will suspend implementation from December 27, 2019.
Particularly for plywood shipments that have undergone temporary import or border-gate customs clearance before the effective date of this Circular (i.e., December 27, 2019), they will continue to be re-exported or border-gate transfer according to regulations. The Decree No. 69/2018 / ND-CP of the Government detailing a number of articles of the Law on Foreign Trade Management and the current regulations.
Circular No. 22/2019 / TT-BCT was issued to apply to traders participating in border-gate trading, temporary import and re-export business. Organizations and agencies managing border-gate transfer business activities, trading in temporary import for re-export of goods. And agencies, organizations and individuals involved in activities of trading in border-gate transfer, trading in temporary import for re-export of goods.
In the case of goods imported from importing countries, temporarily imported into Vietnam with poor quality, or of unclear origin re-exported to the US market, it will seriously affect Vietnamese enterprises dealing in export plywood. exported to the US. Thereby, this Circular aims to improve and tighten the management of plywood products, in order to prevent commercial frauds on goods origin. At the same time, help improve the quality and reputation of Vietnamese businesses trading plywood in the US market as well as other countries.
The application of the provisions of this Circular will officially take effect from December 27, 2019 and end on December 31, 2024.
On December 16, 2019, the Ministry of Health issued Circular No. 32/2019 / TT-BYT amending and supplementing Clause 4 Article 4 and Appendix No. 01-MP Circular No. 06/2011 / TT-BYT dated 25/01/2011 of the Minister of Health regulating cosmetic management. Accordingly, regarding the certificate of free circulation of cosmetics, Circular No. 32/2019 / TT-BYT has some new features compared to Circular No. 06/2011 / TT-BYT. As follows:
In Clause 4, Article 4 of Circular 06/2011 / TT-BYT, the certificate of free sale (CFS) only applies to cases of announcing imported cosmetic products and meeting two requirements:
– CFS issued by the host country is the original or a certified copy valid, still valid; if there is a time limit, it must be granted within 24 months from the date of issue;
– CFS must be consular legalized, except for cases of exemption from international treaties to which Vietnam is a member.
Meanwhile, in Circular 32, CFS announced cosmetic products imported from countries not members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP Agreement) in addition to the above two requirements. There must be at least the following information:
– Name of CFS issuing agency or organization;
– Number and date of issuance of CFS;
– Name of products and goods that are issued CFS;
– Type or group of products and goods subject to CFS;
– Name and address of the manufacturer;
– The CFS must clearly state that the products and goods are manufactured and allowed to be sold freely in the market of the country of manufacture or CFS;
– Full name, signature of the CFS signer and the seal of the CFS issuing agency.
– At the same time, the Circular also adds the case that if announced cosmetic products are circulated and exported from member countries of CPTPP Agreement, CFS is not required.
Note: For documents published cosmetic products imported from member countries of CPTPP Agreement submitted from January 14, 2019, comply with the above provisions. For the cosmetic product proclamation file enclosed with the form specified in Appendix No. 01-MP Circular No. 06/2011 / TT-BYT submitted before the effective date of this Circular, Circular No. 06 shall be followed. / 2011 / TT-BYT, except for cases where establishments request to comply with this Circular.
Circular No. 32/2019 / TT-BYT takes effect from February 1, 2020. The specific provisions on the content, form and cases of applying CFS in this Circular contribute to the consistency in the implementation of administrative procedures related to the announcement of cosmetic products. with cosmetic state management agencies, organizations and individuals conducting activities related to cosmetic product proclamation.
On December 19, 2019, the Ministry of Finance issued Circular No. 87/2019 / TT-BTC guiding the sanctioning of administrative violations in the field of state treasury. This Circular takes effect from February 1, 2020.
This Circular guides administrative violations, sanctioning levels and remedial measures in the field of State Treasury prescribed in Decree No. 63/2019 / ND-CP of July 11, 2019. of the Government stipulating sanctions against administrative violations in the field of management and use of public assets; practice thrift against waste; national reserve; State Treasury (hereinafter referred to as Decree No. 63/2019 / ND-CP).
This Circular prescribes acts of administrative sanction in the field of State Treasury as follows:
+ Violations of regulations on state budget expenditures must be included in state budget estimates assigned by competent authorities;
+ The act of compiling dossiers and documents in contravention of the prescribed regime and the act of compiling dossiers and vouchers which are different from the original dossiers and vouchers at the units, but not seriously enough to be examined for penal liability;
+ Acts of making fake documents and vouchers for state budget spending, but not seriously enough to warrant examination for penal liability;
+ Acts of violating the regime of payment of state budget expenditures;
+ Violations of procedures for controlling expenditure commitment;
+ Acts of violating procedures and time limit for making advance payments to the State budget;
+ Acts of violating regulations on registration and use of accounts at the State Treasury;
+ The act of making fake documents and papers for carrying out procedures for registration and account use at the State Treasury, but not to the extent of being examined for penal liability.
Each violation will have different administrative sanctions. The circular helps subjects such as: Organizations and individuals that commit administrative violations in the field of state treasury; Persons competent to sanction administrative violations in the field of state treasury; Persons competent to make records on administrative violations in the field of state treasury; Organizations and individuals involved in the sanctioning of administrative violations in the field of State Treasury can easily monitor as well as perform.
On November 6, 2019, the Ministry of Home Affairs issued Circular No. 13/2019 / TT-BNV guiding a number of regulations on communal cadres and civil servants and part-time officials at commune, village, residential area. This Circular takes effect from December 25, 2019.
Previously, in Clause 6, Article 2 of Decree 34/2019 / ND-CP dated April 24, 2019, there were regulations on part-time people working in villages and residential quarters with no more than 03 people entitled to goods allowances per month from the state budget and only apply to titles, namely: Party Cell Secretary; Village Head or Neighborhood Leader; Chief of Working Front
On that basis, Article 13 of Circular 13/2019 / TT-BNV continues to provide guidance on salaries for part-time officials working in villages and residential quarters with the following contents: fund allowances equal to 3.0 times the basic salary to pay monthly for part-time workers in each village and residential quarter. Particularly for the following villages, the allowance fund is equal to 5.0 times the basic salary:
+ The village has 350 households or more;
+ Village of key communes with complicated security and order under a decision of a competent authority;
+ The village belongs to a border commune or an island.
The current base salary of cadres and civil servants is VND 1,490,000 according to Decree 38/2019 / ND-CP. In the spirit of Resolution 86/2019 / QH14 on the 2020 State Budget estimate, the above salary, calculated from July 1, 2020, will be VND 1,600,000. Therefore, it is conceivable, the salary of the part-time activist in villages and residential quarters:
By the end of June 2020:
+ 1,490,000 * 3 = 4,470,000 VND
+ 1,490,000 * 5 = 7,450,000 VND
Since July 1, 2020:
+ 1,600,000 * 3 = VND 4,800,000
+ 1,600,000 * 5 = 8,000,000 VND
In summary, the issuance of Circular 13/2019 / TT-BNV continues to show the State’s interest in efforts to improve the lives of cadres, civil servants or those who perform the work of the House. The country through increasing and recognizing salaries and allowances, ensuring commensurate with the efforts and contributions and encouragement for cadres, civil servants and non-specialized people to continue to strive for their careers because water, for the people.
On November 20, 2019, the National Assembly promulgated the Labor Code No. 45/2019 / QH14 (“Labor Code 2019”) to replace the Labor Code No. 10/2012 / QH13 (“Labor Code 2012”). The 2019 Labor Code will take effect on January 1, 2021. Accordingly, the 2019 Labor Code has introduced a lot of new regulations, one of which is the provisions on the right to unilaterally terminate the Labor Contract of the Employee. Specifically as follows:
1. The right to unilaterally terminate the labor contract of the employee. There are 02 new content, specifically:
Firstly, Previously, the 2012 Labor Code only reserved the right to unilaterally terminate the labor contract without any reason for employees under the indefinite term labor contract. Now, the 2019 Labor Code allows all employees the right to unilaterally terminate the labor contract without any reason, just meet the prior notice time. Specifically:
– At least 45 days if working under a definite-term labor contract;
– At least 30 days if working under a definite-term labor contract with a term of between 12 months and 36 months;
– At least 03 working days if working under a definite-term labor contract with a term of less than 12 months;
– For a number of specific branches, occupations and jobs, the notice period shall comply with the Government’s regulations.
Second, the employee is entitled to unilaterally terminate the labor contract immediately, without prior notice to the employer if:
– Must not be arranged in accordance with the job, the working place or not guaranteed working conditions as agreed;
– Not being paid in full or on time;
– Being mistreated, beaten or verbally abused by the employer, acts that affect the health, dignity and honor; forced labor;
– Sexual harassment at work;
– The female employee is pregnant and has to quit her job;
– Retiring age as prescribed;
– The employer provides dishonest information affecting the implementation of the labor contract;
In summary, the 2019 Labor Code has amended and supplemented a number of contents to enhance the freedom and democracy in labor relations in practice, overcome the situation of “bypassing” the provisions of labor law in unilateral problem of labor contract termination. Expanding the right to unilaterally terminate labor contracts, especially for employees, thereby guaranteeing the freedom to seek better jobs for employees, preventing and eliminating forced labor. In addition, in unilateral termination of labor contracts, the Labor Code 2019 also spent more human life regulations on female employees when the network of pregnant, raising children under 12 months of age; pay more attention to the lives of workers and children.
On December 13, 2019, the Government issued Decree 94/2019 / ND-CP on guidelines for the law on cultivation of plant varieties and cultivation. This Decree takes effect from February 1, 2020.
Accordingly, in Article 5 of Decree 94/2019, there are regulations on dossiers and order of procedures for granting decisions on workers circulating plant varieties, specifically:
Regarding dossiers of application for decisions on recognition and circulation of plant varieties:
– A written request for issuance of a decision on recognition of circulation of a plant variety, made according to Form No. 01.CN in Appendix II to this Decree.
– Test results of distinctness, uniformity and stability of plant varieties proposed for circulation.
– Testing results of cultivation value and use value of plant variety.
– The cultivation process of a variety is compiled by the organization or individual that registers the decision on recognition and circulation of plant varieties.
– A written announcement of information on plant varieties, compiled by the organization or individual that registers the decision on recognition of circulation of plant varieties, made according to Form No. 02.CN in Appendix II to this Decree.
Regarding the order, procedures and competence to grant decisions to recognize circulation of plant varieties:
Organizations and individuals send dossiers to the Department of Crop Production. Within 15 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier and issue a decision recognizing the circulation of plant varieties according to Form No. 05.CN Appendix II, issued together with the Decree. This decision and post the Decision, the attached documents on the web portal of the Department of Crop Production. In case of refusal, a written reply stating reasons thereof must be given Plant varieties are allowed to circulate, from the date of signing the Decision on recognition for circulation.
The issuance of Decree 94/2019 / ND-CP is the basis for individuals and organizations to grasp and implement administrative procedures in the field of agriculture, which is the basis for monitoring and supervision the implementation of the process, thereby creating publicity and transparency in administrative activities of state agencies.
On November 14, 2019, the Government issued Decree No. 88/2019 / ND-CP stipulating penalties for administrative violations in the field of currency and banking. This Decree takes effect from December 31, 2019 and replaces the Government’s Decree No. 96/2014 / ND-CP of October 17, 2014, on sanctions against administrative violations in the field of currency and banking .
In particular, the provisions on sanctioning of administrative violations for acts of violating the regulations on foreign exchange activities are as follows:
Caution for one of the following acts: Buying and selling foreign currencies between individuals and foreign currencies bought or sold valued at under US $ 1,000 (or other foreign currencies of equivalent value); buying and selling foreign currencies at organizations that are not allowed to exchange foreign currencies but the foreign currency purchased or sold is valued at under US $ 1,000 (or other foreign currency of equivalent value); payment of goods and services in foreign currencies valued at under US $ 1,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of from 20-30 million dong for one of the following acts: Failing to post up the buying and selling exchange rates at transaction locations as prescribed by law; listing exchange rates for buying and selling foreign currencies but the forms and contents of exchange rates are unclear, causing confusion for customers; Buying and selling foreign currencies between individuals, with the foreign currency bought or sold valued at between US $ 10,000 and under US $ 100,000 (or other foreign currency of equivalent value); buying and selling foreign currencies at organizations which are not allowed to exchange foreign currencies but the foreign currency purchased or sold is from USD 10,000 to less than USD 100,000 (or other foreign currencies of equivalent value); payment of goods and services in foreign currencies valued from US $ 10,000 to under US $ 100,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of between VND 10-20 million for one of the following acts: Buying and selling foreign currencies between individuals, with foreign currencies bought or sold with a value of from USD 1,000 to under USD 10,000 (or other foreign currencies with Equivalent value); buying and selling foreign currencies between individuals, with the value of which the foreign currency is bought and sold valued at under US $ 1,000 (or other foreign currency of equivalent value) in case of repeated violations or repeated violations; payment of goods and services in foreign currencies valued at under US $ 1,000 (or other foreign currencies of equivalent value) in contravention of law provisions in case of repeated violations or violations; payment of goods and services in foreign currencies valued from US $ 1,000 to under US $ 10,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of from VND 80-100 million shall be imposed for one of the following acts: Buying and selling foreign currencies between individuals and the foreign currencies bought or sold with a value of USD 100,000 or more (or other foreign currencies of similar value) equivalent); buying and selling foreign currencies at organizations that are not allowed to exchange foreign currencies but the foreign currency purchased or sold is valued at US $ 100,000 or more (or other foreign currencies of equivalent value); payment of goods and services in foreign currencies valued at US $ 100,000 or more (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of between VND 30-50 million for one of the following acts: Signing a foreign currency exchange agent contract with an organization not eligible to act as a foreign currency exchange agent; failing to guide and inspect foreign currency exchange agents according to the provisions of law; fail to strictly perform the responsibilities of the foreign currency exchange agent as prescribed by law; acting as foreign currency exchange agent concurrently for two or more credit institutions in contravention of law provisions; transferring, carrying foreign currencies and Vietnamese dong abroad, into Vietnam in contravention of law provisions, except for administrative violations in the field of customs; …
Decree 88/2019 / ND-CP stipulates penalties for administrative violations in foreign exchange transactions, in the direction of more specific regulations and overcomes the shortcomings in Decree 96/2014 / ND-CP.
On October 22, 2019, the State Bank of Vietnam (SBV) issued Circular No. 16/2019 / TT-NHNN stipulating the issuance of SBV bills. Accordingly, the Circular has detailed regulations on handling measures for credit institutions’ chiefs who fail to make payment or pay insufficient amount of money to buy SBV bills.
The issuance of SBV bills by mode of bidding shall comply with the SBV’s regulations on bidding through open market operations. Accordingly, credit institutions must buy these treasury bills as decided by the Governor of the State Bank of Vietnam and must transfer the buying money into their accounts according to the SBV’s instructions on the day of bill payment.
When credit institutions fail to make payment or make insufficient payment of the required amount of treasury bill purchase, by the end of the payment date, the State Bank (Transaction Center, State Bank branches in provinces, cities under the central Government’s management) shall carry out automatically. deducting the credit institution’s payment account at the State Bank until fully recovering the money amount to buy the bills and notify the credit institution in writing.
In case the credit institution’s payment account at the State Bank is insufficient to pay the outstanding amount of the treasury bill purchase, the credit institution shall be subject to a late payment penalty for the outstanding purchase amount at the overnight lending interest rate. in interbank electronic payments. The late payment fine amount according to regulations. Within the next 5 working days from the payment date, the State Bank will automatically debit the credit institution’s payment account at the State Bank until the full amount of outstanding bills and fine amount are recovered. late payment has not been paid; collect the outstanding money to buy treasury bills, collect the late payment fine.
Upon the expiry of the time limit for debiting the payment accounts, the following regulations: (i) The credit institution fails to make full payment of the amount of money to buy SBV bills to be sanctioned for administrative violations according to regulations on sanctioning of administrative violations in the field of money currency and banking; (ii) SBV (Banking Operation Department, SBV’s branches in provinces, cities under the central Government’s management) shall: cancel the unpaid amount of SBV bills calculated at face value and rounded up to multiples of face value of bills SBV; stop calculating late payment fines; at the same time, continue to automatically debit the payment account or collect money from other sources (if any) of the credit institution to collect the full amount of the late payment fine;
This Circular replaces Decision No. 362/1999 / QD-NHNN1 of October 8, 1999 promulgating the Regulation on issuance of SBV bills. At the same time, the provisions of Clause 2, Article 13 of Circular No. 24/2014 / TT-NHNN are annulled on September 6, 2014, providing guidelines on some contents of deposit insurance activities.
The issuance of Circular No. 16/2019 / TT-NHNN has created a clear legal corridor, binding credit institutions to strictly implement the obligation to pay SBV bills.
On November 20, 2019, the National Assembly of the Socialist Republic of Vietnam passed Labor Code No. 45/2019 / QH14. This Code takes effect from January 1, 2021, replacing Labor Code No. 10/2012 / QH13. Accordingly, the 2019 Labor Code takes effect from January 1, 2021.
The 2019 Labor Code has some notable new points as follows:
1. Expand the scope and object adjustment
If the Labor Code 2012 stipulates labor standards; rights, obligations, responsibilities of employees, employers … in labor relations and other relations directly related to labor relations, the Labor Code 2019 extends to more subjects is a person who does not have an employment relationship and has a number of separate standards.
2. Increase the retirement age to 62 for men and 60 for women
The retirement age for employees under normal working conditions is adjusted according to the roadmap until they reach full 62 years for male workers in 2028 and 60 years for female employees by 2035.
From 2021, the retirement age for ordinary employees is 60 years and 03 months for men; full 55 years 4 months for women. After that, every 3 months increased by male employees; 04 months for female employees.
Particularly for people with reduced working capacity; doing heavy, hazardous, dangerous or extremely heavy, toxic or dangerous jobs or jobs or working in areas with exceptionally difficult socio-economic conditions may retire before 05 years of age .
Compared to the current Labor Code 2012, the retirement age of employees has increased significantly; At the same time, for specific jobs, the retirement before the age is also stipulated more clearly.
3. Increase the National Day holiday to 2 days
In addition to the increase in retirement age, notably, Article 112 of the amended Labor Code also adds one more day of the year on the day immediately adjacent to the National Day, which may be September 1 or September 3. depending on the year. Workers are entitled to leave from work and full pay.
4. Eliminate seasonal labor contracts
Article 20 of the amended Labor Code has removed the content of a seasonal contract or a job with a term of less than 12 months, instead of only two types of contracts: an indefinite-term labor contract and Definite term employment contract.
This provision is considered a great progress of the labor law to protect employees, limiting the situation that employers do not pay social insurance for employees by signing various types of seasonal contracts. , service…
5. Recording of the form of electronic labor contract
Stemming from practice, with the development of science and technology, the conclusion of labor contracts is not merely in writing, words or acts. Therefore, Article 14 of the new Labor Code has also recorded the form of concluding labor contracts through electronic means with the value of a written labor contract.
In addition, where the two parties agree on a different name but there is content showing the paid work, wages and the management, administration and supervision of one party, it is still considered a labor contract. dynamic.
6. The employee may unilaterally terminate the contract without cause
In order to overcome the limitations and inadequacies from the application of unilateral cases of termination of employees’ contracts, Article 35 of the Labor Code 2019 gives employees the right to unilaterally terminate contracts unreasonably. because only 30 days are required for a definite term contract and 45 days for an indefinite term.
New points of the Labor Code in 2019 are considered to supplement many laws to protect and increase the rights of workers, as the institutionalization, views and policies of the Party on creating a legal framework on labor to quickly develop human resources, especially high-quality human resources, to enhance national labor competitiveness.
