On December 16, 2019, the Government issued Decree No. 95/2019 / ND-CP on amending and supplementing a number of articles of Decree No. 24A / 2016 / ND-CP dated April 5, 2016 of the Government on construction materials management. Accordingly, this Decree takes effect from February 10, 2020.
Regarding the requirements for investment projects on the production of construction materials, Clause 5, Article 1 of Decree 95/2019 / ND-CP stipulates the following conditions:
Firstly, the project must conform to the planning according to the law on planning and comply with the provisions of law on construction investment.
Secondly, the project must mainly select advanced and modern equipment technology to meet the criteria of consumption of raw materials, fuel and energy, meet the requirements of environmental protection and be appraised. technology in accordance with the law on technology transfer.
In addition, Decree 95/2019 / ND-CP removed the content that the investment registration agency must consult with the Ministry of Construction before submitting to the competent authorities for decision on investment policies for major investment projects on construction materials production.
In summary, the promulgation of Decree 95/2019 / ND-CP, adjusting the content of requirements for investment projects on production of construction materials in the direction of more specific regulations and more relaxed, showed that The State encourages investment in investing in construction material production activities.
On December 17, 2019, the Ministry of Transport issued Circular 49/2019 / TT-BGTVT providing guidance on the process, records of settlement and price support procedures for railway transport business enterprises carrying out transportation in service of special tasks and social security tasks. This Circular takes effect from February 1, 2020.
According to Clause 2, Article 3, the dossier of final settlement of expenses comprises: explanation of settlement dossiers; Summary of price support finalization for each train; Summary of revenue settlement for each train; Summary of cost settlement for each train; Copies of relevant documents.
Within 30 days after the end of the quarter, the railway transport business enterprise shall submit a set of dossier of payment of expenses for implementation of transportation in service of social security tasks.
Documents are sent directly or via the postal system to the Vietnam Railway Department. In case the dossier is incomplete, the Railway Department has written request for additional records in 03 working days, from the date of receiving the file. The approval of expenses is done within 15 days, from the receipt of a complete and valid file.
The issuance of Circular 49/2019 / TT-BGTVT is the basis for businesses to capture and submit payment and settlement documents and price support procedures when performing special transport tasks and duties. Social security, is the basis for monitoring and monitoring the implementation of the process, thereby creating publicity and transparency in administrative activities of state agencies.
On September 30, 2019, the Ministry of Finance issued Circular 68/2019 / TT-BTC guiding the implementation of Decree 119/2018 / ND-CP providing for electronic invoices when selling goods and providing services.
Accordingly, at Point dd, Clause 1, Article 3, digital signature, electronic signatures of sellers and buyers on e-invoices are prescribed as follows:
– In case the seller is an enterprise or organization, the seller’s CKS on the invoice is CKS of the enterprise or organization; In case the seller is an individual, use an individual’s CKS or an authorized person.
– In case the buyer is a business establishment and the buyer and seller agree upon the purchaser’s satisfaction of the technical conditions for signing the serial number and signing electronically on an electronic invoice made by the seller, the buyer shall sign Numbers, digitally sign on invoices.
– In case of electronic invoices do not necessarily have CKS, electronic signatures of the seller and the buyer comply with Clause 3 Article 3 of this Circular.
Circular 68/2019 / TT-BTC takes effect from November 14, 2019.
On December 2, 2019, the State Bank of Vietnam (SBV) issued Circular No.25/2019/TT-NHNN, amending and supplementing a number of articles of the Governor’s Circular No. 40/2011 / TT-NHNN. The State Bank of Vietnam provides for the licensing and organization and operation of commercial banks, foreign bank branches, representative offices of foreign credit institutions and other foreign organizations engaged in activities in Vietnam.
Accordingly, the Circular has supplemented the provisions on the authority of the directors of the State Bank branches in provinces, cities directly under the Central Government, namely: “Issuing licenses, amending and supplementing licenses for representative offices ”(Point b Clause 2 Article 1). The current laws only stipulate the licensing competence of the Governor of the State Bank.
At the same time, it also amended the order and procedures for establishing representative office licenses as follows:
– Foreign credit institutions and other foreign organizations conducting banking activities shall compile dossiers of application for licenses under Article 13 and Article 18 of Circular 40/2011 / TT-NHNN and submit them directly or send via postal services to the State Bank branches in provinces, cities under the central Government’s management (hereinafter referred to as the State Bank branch) where the representative office is expected to locate its head office.
Within 30 days from the date of receipt of the application file for a License, the State Bank branch shall send a written request to the foreign credit institution and foreign organization engaging in banking activities to certify that it has received a complete and valid application file. rate. In case the dossier of application for a License is incomplete and valid as prescribed, the State Bank branch shall send a written request to the foreign credit institution or other foreign organization engaging in banking activities to request the supplementation of the dossier.
– Within 60 days from the date of sending the written confirmation of receipt of the complete and valid file, the branch State Bank shall issue the License as prescribed. In case of refusal to grant a license, the State Bank branch shall issue a written reply to foreign credit institutions and other foreign organizations engaging in banking activities, clearly stating the reason for not granting the License.
According to current regulations, the entity that receives, processes applications and issues licenses is the SBV.
Amending and supplementing a number of articles of Circular 40/2011 / TT-NHNN creates a clear legal corridor for foreign credit institutions, enhancing the role and responsibilities of the State Bank branches in provinces and cities cities under central authority in state management.
On November 25, 2019, the Government issued Decree 93/2019 / ND-CP on the organization and operation of social funds and charity funds. This Decree takes effect from January 15, 2020.
Fund means a non-governmental organization that voluntarily contributes a portion of assets to an individual or organization for establishment or establishment through a will, donation or donation of assets to establish a fund, for the purpose of organization and operation. , approved by the competent state authority for establishment license and charter approval.
Accordingly, the conditions for licensing a fund establishment include:
1. Operating purposes: The Fund is organized and operates to support and encourage the development of culture, education, health, physical training, sports, science, technology, community and words. philanthropy, not for profit.
2. Having founders establishing a security fund is provided for as follows:
a) Founding members must be Vietnamese citizens and organizations;
b) For citizens: Having full civil act capacity and no criminal record;
c) For organizations: Being legally established, having a charter or document defining the functions and tasks of the organization; there is a resolution of the leadership collective or a decision of the competent head about the participation in the establishment of the fund; decide to appoint a representative of the organization to participate in the founding of the fund; in cases where Vietnamese organizations have foreign investment, the representative of the founding organization of the fund must be a Vietnamese citizen;
d) Contributing legal assets to establish a fund:
– Vietnamese Dong;
– Assets converted into Vietnam dong (including: Artifacts, foreign currencies, valuable papers, other property rights). For assets being head offices, equipment and technologies, they must be valued by lawfully established valuation organizations, the time of asset valuation shall not exceed 06 months up to the time of submission of fund establishment dossiers;
– In case the properties contributed to the establishment of the fund include other properties, excluding Vietnam dong, the amount of Vietnam dong must ensure at least 50% of the total value of assets.
e) Founding members of a fund establishment who are under the management of a competent authority must obtain a written approval of the competent authority in accordance with the provisions on decentralization of personnel management before sending the application file to State agencies competent to grant establishment licenses and recognize fund charter.
3. The Founding Committee has sufficient assets to contribute to the fund’s establishment
4. A dossier of establishment of a security fund according to regulations.
This Decree provides for the organization, operation and state management of social funds and charity funds established and operating in Vietnam.
On November 25, 2019, the Ministry of Justice issued Circular No. 07/2019 / TT-BTP guiding a number of contents on mortgage registration of land use rights and assets attached to land. The Circular has some new highlights compared to Joint Circular No. 09/2016 / TTLT-BTP-BTNMT. As follows:
Firstly, compared to the current regulations, Circular No. 07/2019 / TT-BTP adds one more case of registration of mortgage of land use rights. That is the case of mortgage registration of housing construction investment projects, investment projects on construction of construction works other than houses and other construction investment projects as prescribed by law. Accordingly, cases of registration of mortgage of land use rights and assets attached to land include:
– Registration of mortgage of land use rights;
– Registration of mortgage of properties attached to land;
– Registration of mortgage of land use rights concurrently with properties attached to land;
– Registration of mortgage of properties associated with land formed in the future;
– Registration of mortgage of land use rights concurrently with properties associated with land formed in the future;
– Mortgage registration of housing construction investment projects, construction investment projects on construction of houses other than houses and other construction investment projects according to the provisions of law;
– Registration of changing the registered mortgage content;
– Sign up for a written notice of mortgage handling in case of mortgage registration;
– Delete mortgage registration.
Secondly, according to the provisions of Article 13 of Circular No. 07/2019 / TT-BTP, in the following cases, the mortgage requester shall register changes in land and properties attached to land or confirm changes before making mortgage registration:
– Information about the land parcel number and land area is inconsistent with the information on the Certificate of land use right, ownership of houses and other land-attached assets (“Certificate”) due to accruals filling, exchanging land plots, measuring and redefining land plots and sizes;
– Information on properties associated with land such as type of house, building name, number of floors, construction area, use … has been recognized on the Certificate is no longer suitable due to measurement, redefining the area. , due to construction and repair;
Special: The land registration office may perform the above two procedures at the same time when:
– There is a change of information about the mortgagor on the Certificate;
– Changes in information on administrative units or other information related to mortgaged properties are land use rights and assets attached to land due to decisions or documents of competent agencies as prescribed by law.
Circular No. 07/2019 / TT-BTP takes effect from January 10, 2020 and replaces Joint Circular 09/2016 / TTLT-BTP-BTNMT. The effective Circular No. 07/2019 / TT-BTP will contribute to solving some practical problems regarding the registration of mortgage of land use rights, assets attached to land and the implementation of procedures. administrative related to mortgage registration.
On September 26, 2019, the Government recently issued Decree 75/2019 / ND-CP stipulating the sanctions against administrative violations in the field of competition. Decree 75/2019 / ND-CP takes effect on December 1, 2019.
This Decree specifies acts considered to be violations in competition, specifically including the following acts:
1. Acts of restricting competition from enterprises in the relevant market
2. Acts of restricting competition from business enterprises operating at different stages in the same production, distribution and supply chain for a certain type of goods or service
3. Abuse of dominant market position
4. Abuse of monopoly position
5. Acts of merging enterprises are prohibited
6. Business consolidation is prohibited
7. Buying businesses is prohibited
8. Joint venture among businesses is prohibited
9. Acts of failing to notify economic concentration
10. Acts of violating law on other economic concentration
11. Acts of infringing confidential information in business
12. Acts of coercion in business
13. Providing dishonest information about other businesses
14. Acts of disrupting business activities of other enterprises
15. Acts of inducing illegal customers
16. Acts of selling goods or providing services below the whole cost
17. Acts of violating regulations on provision of information and documents
18. Acts of violating other regulations related to the process of investigation and handling of competition cases
19. Acts of agreement on restraint of competition before a decision on exemption or exemption from a competent authority
20. Acts of providing information, mobilizing, calling, forcing or organizing enterprises to perform acts of restricting competition, unfair competition
Each violation is specifically regulated by this Decree, this Decree helps businesses improve their sense of competition in the field of trade, and at the same time help businesses identify themselves to protect themselves. safeguard in the course of production business.
On November 7, 2019, the Minister of Construction issued Circular No. 07/2019 / TT-BXD to amend, supplement and replace some of the provisions of Circular No. 03/2016 / TT-BXD dated March 10, 2016 regulates the classification of construction works and guidelines for application in management of construction investment activities (hereinafter referred to as “Circular 07”).
There are 03 notable new contents in Circular 07, specifically:
1. Supplementing the provisions on interpretation of words: Circular 07 has added explanations for 10 phrases, including: individual houses; Apartment; Multifunctional works; Height of houses, structures and structures; Floor above ground; Basement; Half floor / semi-basement; Technical floors; Attic; Number of floors of the building. At the same time, Circular 07 also provides detailed guidance for determining the number of floors of a building, namely:
– Buildings with attic floors are not included in the number of floors of works when they are only used to cover the staircase or the wells, cover the construction equipment (if any), serve the purpose of roofing and rescue. , having an area not exceeding 30% of the floor area of the roof.
– For individual houses, the mezzanine floor is not counted in the number of floors of the building when the mezzanine floor area does not exceed 65% of the floor area of the building immediately below.
– For buildings, house-like structures, multi-storey buildings with floors (excluding separate houses), mezzanines are not counted in the number of floors of works when they are arranged for use as technical parks only ( for example: pool floor technical floor, generator floor, or other construction equipment), having a construction floor area not exceeding 10% of the floor area of the building immediately below and not exceeding 300m2
– Each building is only allowed to have one mezzanine floor not counting the number of storeys of the building.
2. To amend, supplement and replace a number of provisions in Appendix 1 “Classification of construction works according to capacity scale or importance” of Circular No. 03/2016 / TT-BXD. Specifically:
– Civil works: Revising the classification of 02 types of works: kindergartens, model schools and headquarters of state agencies and political organizations.
– Industrial constructions: Amending the method of determining the classification of 05 types of works: Manufacturing construction materials; Metallurgy and manufacturing mechanics; Energy; Chemistry.
– Technical infrastructure works: Adding a way to determine the decentralization of a new type of work: Telecommunications signal transmission cable line.
– Traffic works: Amending the classification of 06 types of works: Highway highways, Motor roads; Roads in urban centers and seaports; Transmission area anchoring, avoiding shelter from storms; Politics, breakwaters, sand dikes, channel embankments, bank protection embankments; Monitoring and coordination system of maritime traffic (VTS); Other maritime constructions.
3. To amend and supplement a number of provisions in Appendix 2 “Classification of construction works according to the scale of structure” of Circular No. 03/2016 / TT-BXD. Specifically, amendments to the definition of decentralization for 03 types of structures are: Houses, House-type structures; Retaining walls, Embankments; Oil and gas pipelines.
The value that Circular 07 brings: Firstly, it brings more specific and detailed regulations and this makes the decentralization of construction works more convenient, easy and less controversial. than. Secondly, changing the classification criteria of some types of works from scale to importance and vice versa; and the subdivision and more clearly defined types of works already in the previous Circular help decentralization activities in accordance with the new situation of social development in Vietnam today, better meet the needs. As well as reflect the way in which the society cares about the position and role of each type of construction work, ensuring the synchronous development between law and practice in the field of construction.
