On August 26, 2019, the Ministry of Finance issued Circular No. 57/2019 / TT-BTC guiding the mechanism of handling credit risks of credit guarantee funds for small and medium-sized enterprises. Accordingly, this Circular takes effect from October 15, 2019.
According to Article 13, Circular 57/2019 / TT-BTC stipulating the handling of security assets, credit guarantee funds are allowed to handle security assets to recover debts when:
Subject to consider:
⦁ Customers suffer financial losses, properties caused by natural disasters, crop failure, epidemics, fires, political risks, wars affecting production and business activities, leading to customers not paying get debt (principal and interest) on time according to the signed debt acceptance contract;
⦁ Bankruptcy of customers in accordance with current laws.
⦁ Nước The State changes the policy affecting customers’ production and business activities, leading to customers being unable to pay their debts (principals and interests) on time according to the signed debt acceptance contracts.
⦁ Customers are at risk due to other objective reasons directly affecting the production and business activities, leading to customers being unable to pay debts (principals, interests) on time according to the signed debt acceptance contracts.
⦁ Customers have bad debts (from group 3 to group 5) according to the debt classification results as prescribed;
⦁ Under an agreement between the credit guarantee fund and the customer in the compulsory debt acceptance contract and the guarantor of the signed compulsory debt security contract (if any).
Debts of customers that have been restructured, frozen, or written off, or have not yet been restructured, frozen, or written off, but the Credit Guarantee Fund has appraised and assessed if debt restructuring is applied. frozen debt, write off debt interest, the customer also can not repay the principal to the Credit Guarantee Fund as committed.
The difference between the proceeds from the disposal of security properties and the book value of debts shall be handled as follows (after subtracting expenses prescribed by law):
⦁ In case the proceeds from the handling of collateral are higher than the book value of the debt: The credit guarantee fund shall handle the balance as agreed upon between the credit guarantee fund and its customers at The compulsory debt acknowledgment contract and the guarantor at the signed compulsory debt acceptance contract (if any);
⦁ In case the proceeds from the handling of security assets are lower than the book value of debts: The credit guarantee fund shall continue to monitor and recover the remaining debts (principal and interest). follow the prescribed regime or consider applying other risk handling measures as prescribed in this Circular.
Therefore, with the promulgation of the Circular No. 57/2019 / TT-BTC above, the Government, as well as the Ministry of Finance, have further improved the system of legal regulations in supporting small and medium-sized enterprises. access to capital, realize commitments to support small and medium enterprises.
On November 1, 2019, the Government issued Decree No. 80/2019 / ND-CP with the content of amending and supplementing a number of regulations guiding the implementation of the Law on Insurance Business.
Accordingly, an additional important content is the regulations on Insurance ancillary services, according to which, from November 1, 2019, individuals and organizations participating in the provision of insurance ancillary services must meet the conditions prescribed in the above Decree. Specifically:
For individuals providing insurance consultancy services: Being full 18 years or older, having full civil act capacity; University degree or higher in insurance industry. If not, must have a university degree or higher in another major and have a certificate of insurance consulting, which is issued by a training institution that is legally established and operates at home and abroad.
For organizations providing insurance auxiliary services: Having the legal person status, legally established and operating; Individuals directly engaged in insurance auxiliary activities must be full 18 years old and have full civil act capacity; have diplomas and certificates of insurance auxiliaries suitable to the type of insurance ancillary services provided by training establishments that are legally established and operate at home and abroad.
Particularly for individuals directly conducting loss assessment, they must also meet the standards of assessors according to the provisions of commercial law; Individuals directly performing insurance calculation must meet the standards of practicing actuarial practice and be a member of the Association of International actuaries.
Therefore, with the promulgation of Decree No. 80/2019 / ND-CP above, the Government has timely made important amendments and supplements to ensure the compatibility of the legal system in the time of the Law amending and supplementing the effective Law on Insurance Business and the Intellectual Property Law.
On August 26, 2019, the Ministry of Industry and Trade issued Circular No. 15/2019 / TT-BCT amending Clause 1 and Clause 4 Article 12 of Circular No. 36/2018 / TT-BCT dated October 16, 2018. order and procedures for granting and withdrawing electricity activity licenses. This Circular takes effect from October 15, 2019.
Accordingly, Clause 2 Article 1 of Circular 15/2019 / TT-BCT provides for the order of issuing decisions on revocation of electricity activity licenses, specifically as follows:
• If the electricity unit violates Article 37 of the 2004 Electricity Law and the agency that issues the sanctioning decision is also the agency issuing the electricity activity license, the electricity licensing agency shall make decisions on revocation of electricity activity licenses concurrently with sanctioning decisions;
• In case the electricity unit violates Article 37 of the 2004 Electricity Law and the agency that issues the sanctioning decision is not the agency issuing the electricity activity license, the agency issuing the sanctioning decision must notify in writing. electricity licensing agencies shall issue decisions to revoke electricity activity licenses.
• In case of failure to revoke the electricity activity license, the electricity license-issuing body shall reply in writing (clearly stating the reason) to the agency issuing the sanctioning decision.
The stipulation that the agency that issues the sanctioning decision must notify in writing the electricity activity licensing agency in order to enhance their responsibilities, create a uniform and effective state management activity.
On October 26, 2019, the Government issued Decree No. 79/2019 / ND-CP amending Article 16 of Decree 45/2014 / ND-CP stipulating the collection of land use fees. This Decree takes effect from December 10, 2019.
Accordingly, Decree No. 45/2014 / ND-CP stipulating the collection of land use levies stipulating the payment of land use levies to individual households is specified as follows:
The following subjects are allowed to owe land use levies in case of being assigned with resettlement land when the State recovers land, specifically: People with meritorious services to the revolution; Poor households; Households and individuals are ethnic minorities; Households and individuals that have permanent residence registration in a communal area shall be recognized as a difficult socio-economic area and an extremely difficult socio-economic area.
The above-said households and individuals are allowed to pay their debts gradually within 5 years from the date of issuance of the decision on land allocation for resettlement by competent state agencies and do not have to pay late payment interest within this 5-year period. In case after 05 years from the date on which the decision on allocation of resettlement land is issued by a competent state agency, the family household or individual has not fully paid the land use levy written on the certificate of land use right or right Owners of houses and other land-attached assets (hereinafter called certificates), households and individuals must fully pay the outstanding land use levy and late payment interest calculated on the outstanding debt at the legal provisions on tax administration from the expiry of the 05-year term are debited to the time of debt payment.
Accordingly, households and individuals may owe land use levies on the certificate of land use rights, ownership of houses and other land-attached assets and have not fully paid until December 10, 2019. then do the following:
– If debited before March 1, 2016: Continue to pay the outstanding land use fee according to the policy and land price at the time of issuing the certificate (or according to the amount stated in the certificate (This Regulation does not apply to land use amounts for debt payment that households and individuals have remitted into the State budget). From March 1, 2021 onwards, households and individuals must pay the outstanding land use levies according to the land policies and prices at the time of debt payment.
– If debited from March 1, 2016 to before December 10, 2019: Continue to pay the outstanding land use fee according to the amount stated in the certificate determined in accordance with the Decree. 45/2014 / ND-CP within 05 years from the date of writing the land use levy.
Past the 5-year time limit from the date of writing the land use levy payment, households and individuals must pay the outstanding debts according to the land policies and prices at the time of debt payment.
The reduction of 2% / year of land use levies must not be provided in cases where households and individuals pay early debt (05 years) from the effective date of this Decree.
As such, Decree No. 79/2019 / ND-CP specifically guides the limit of individual households who are allowed to owe land use levies and also has very clear regulations on methods and methods of collection of land use fees. Land use is more specific than Decree No. 45/2014 / ND-CP.
On August 30, 2019, the Ministry of Health issued Circular 24/2019 / TT-BYT on management and use of food additives. The circular officially takes effect from October 16, 2019.
Accordingly, the use of food additive must adhere to the following four basic principles:
1. Must ensure:
Food additive is allowed to use and the right food object;
Do not exceed the maximum level of use for a food or food group;
Minimize the amount of Food additive needed to achieve the desired technical efficiency.
2. Only used if the use has achieved the desired effect but does not pose a risk to human health, does not deceive consumers and only satisfies one or more functions of Food additive.
3. Food additive must meet technical requirements and food safety according to the prescribed documents;
4. In addition to Food additive in food due to its use in food production, Food additive may also be in food by being brought in from raw materials or ingredients to produce food that already contains Food additive and must comply with Article 9 of this Circular.
The above regulation creates a clearer legal corridor in the management and use of food additives, quality assurance of additives, food safety, and consumer health in the context of food spills in the present today.
On July 11, 2019, the Government issued Decree 62/2019 / ND-CP amending Decree 35/2015 / ND-CP on management and use of rice cultivation land. This Decree takes effect from September 1, 2019.
Accordingly, the conditions for conversion from rice cultivation land to annual crops are one of the contents adjusted in Decree 62/2019 / ND-CP amending Decree 35/2015 / ND-CP on management and Using rice land.
The new Decree clearly stipulates the conditions for changing from rice cultivation to annual crops, perennial crops or rice cultivation combined with aquaculture, specifically as follows:
– Do not lose the right conditions to grow rice again; no pollution, degradation of rice land; not damaging traffic works, irrigation works in service of rice cultivation;
– Conforming with the plan of changing crop structure from rice cultivation to annual crops, perennial crops or rice cultivation in combination with aquaculture on rice land of the commune level, ensuring publicity and transparency;
– In case of rice cultivation combined with aquaculture, it is allowed to use up to 20% of the rice land area to lower the ground for aquaculture; the depth of the ground must not be lower than 120 cm when it is necessary to restore the ground to re-grow the rice;
– Conversion of crop structure from rice cultivation to perennial crop cultivation must be organized by regions, in order to form concentrated production zones and effectively exploit available infrastructure; in accordance with the orientation of perfecting infrastructure for local agricultural production;
Decree No. 62/2019 / ND-CP applies to rice cultivation land, based on the conversion of land structure, the adjustment of regulations on rice land is necessary to focus on development in the regions. Certainly, to form concentrated production areas aiming at agricultural development goals of each locality in particular and the whole country in general.
On September 16, 2019, the State Auditor General issued Decision No. 03/2019 / QD-KTNN on the responsibility to send financial statements, budget settlement reports to the State Audit Office of the units. be audited. Decision 03/2019 / QD-KTNN takes effect from October 31, 2019. Whereby:
Budget estimating units of level I shall send the State budget revenue and expenditure settlement reports to the SAV before October 1 of the following year.
Provincial People’s Committee:
Send the local budget settlement report to the SAV before October 1 of the following year;
Send local budget finalization to SAV within 05 working days from the date on which the provincial People’s Council approves;
The Ministry of Finance sends the State budget settlement report to the SAV within 14 months after the end of the budget year.
State enterprises, parent companies, state corporations holding dominant shares:
Ending the fiscal year, preparing and sending a financial statement, a statement of budget revenues and expenditures within its management to the SAV within 90 days from the end of the annual accounting period;
In cases where there are other provisions on the time of preparing and issuing financial statements, reports on final settlement of budget revenues and expenditures, they shall be sent to the SAV after the time of elaboration and issuance according to separate regulations.
In summary, the promulgation of Decision 03/2019 / QD-KTNN creates a clear legal corridor for units to grasp the implementation, creating unity and efficiency in the state management.
On October 9, 2019, the Prime Minister issued Decision No. 31/2019 / QD-TTg regulating the import of goods on the List of used information technology products banned from import for conduct scientific research and carry out activities of processing and repairing goods on the list of used information technology products banned from import for foreign traders for sale abroad. The decision will take effect. Results from October 9, 2019.
Circular No. 31/2019 / QD-TTg stipulates the import of goods on the list of used information technology products banned from import for scientific research and implementation of specific goods processing operations such as:
– Common criteria and conditions for goods on the list of used information technology products banned from import, which are allowed to be imported for scientific research or to carry out processing and repairing activities for water traders outside: Goods imported for direct service of traders’ scientific research or processing activities; not to serve the purpose of selling, giving or giving; Imported goods must not cause environmental pollution in accordance with the law on environmental protection.
– Criteria and conditions for importing goods on the list of used information technology products banned from import for scientific research are: Imported goods must meet the general criteria and conditions prescribed above; imported goods on the list of products and equipment in service of scientific research of approved scientific research schemes and projects; Imported goods that are leased or purchased or borrowed from foreign partners have specific characteristics and characteristics that cannot be replaced by products and goods sold in the domestic market.
– Traders are responsible for the categories, quantity and quality of imported goods. Traders importing goods for scientific research must re-export or destroy goods in accordance with law after 3 months from the end of the scientific research process.
– Traders engaged in goods processing and repairing activities must re-export all products to foreign countries after the processing and repairing process, and are not allowed to consume them in Vietnam according to current law provisions on goods processing. chemistry.
Therefore, Decision No. 31/2019 / QD-TTg clearly stipulates specific conditions, criteria, and standards for the list of information technology products that have been banned from import for research. science and repairing processing to limit the massive import into Vietnam for this specific commodity group.
On October 1, 2019, the Ministry of Public Security issued Circular No. 40/2019 / TT-BCA amending and supplementing a number of articles of Circular No. 07/2016 / TT-BCA and Decree No. 137/2015 / ND-CP. Accordingly, Circular No. 40/2019 / TT-BCA has a number of new regulations regarding the collection, submission and processing of identity card (ID) when citizens switch from 9-digit ID card and 12-digit ID card to cards Citizenship identification and confirmation of ID card number as follows:
• For collection, payment and handling of ID cards:
– According to current regulations, when carrying out the procedures for changing from a 9-digit and 12-digit ID card to a citizen ID card, where the ID card is still clear (photo, ID number and word), the officer receiving the corner cutting dossier and pay immediately to the people who come to do procedures. In case the 9-digit ID card is damaged, flaky or unclear, then collect and cancel that ID card, record it and issue a certificate of ID number to the citizen.
– However, from November 18, 2019 (the effective date of Circular No. 40/2019 / TT-BCA), 9-digit and 12-digit ID cards shall be handled as follows:
+ In case of a clear ID: the receptionist has not cut the corner of the ID card, the citizen can use it while waiting for the issue of a citizen ID card. When returning the Citizenship ID card, the receiving officer will cut the upper right corner of the front of that ID card, each square corner is 2cm for 9-digit ID card or 1.5cm for 12-digit ID card, record to record and return the cut ID card to the person who receives the Citizenship ID card;
+ In case of broken, flaky, unclear ID card (photo, ID card number and words): collecting, canceling ID card and issuing Certificate of ID card number.
+ In case a citizen requests to return his / her Citizenship ID card via delivery to the requested address, the citizen identity management agency which receives the dossier will cut the corner and return the cut ID card right after Receiving records of citizens.
• For the issuance of Certification of ID card number:
– According to current regulations, the issuance of Certificate of ID number is done by the dossier-receiving agency in the following cases if citizens request:
+ Immediately after receiving the ID card cut corners or later;
+ In case a citizen loses his 9-digit ID card, he will go through the procedures for issuing a citizen ID card.
– From November 18, 2019, the issuance of Certification of ID number is done as follows:
+ When citizens carry out the procedures for granting, exchanging and re-issuing citizen identification cards, the citizen identity management agencies which receive dossiers are responsible for granting certificates of identity card numbers for all cases transferred from 9-digit ID card to Citizenship ID card.
+ In case a citizen has been issued with a citizen ID card but has not been issued with a certificate of ID number or lost a certificate of ID card number, there must be a written request for issuance of a certificate of ID card, present the original and submit the original. copy of Citizenship ID card, copy of 9-digit ID card (if any) for officials to receive dossiers for settlement.
Above are some new provisions in Circular No. 40/2019 / TT-BCA effective from November 18, 2019. Amending and supplementing a number of articles of Circular No. 07/2016 / TT-BCA related to the collection, submission and handling of ID cards when citizens transfer from 9-digit ID cards, 12-digit ID cards to citizen identification cards and confirming ID number contributes to removing and reducing trouble and trouble for citizens when needing to transact in many fields such as banking, tax, notary,…
