On June 13, 2019, the Government issued Decree No. 51/2019/ND-CP stipulating penalties for administrative violations in scientific and technological activities and technology transfer. The Decree takes effect from August 1, 2019.
Accordingly, the Government still retains the maximum fine level in scientific and technological activities, technology transfer for individuals is 50 million VND, with organizations of 100 million VND. However, with new penalties will increase with each specific violation. For cases of fraudulent or deceitful acts to receive the State’s supports and preferences under the relevant technology transfer law, the maximum fine level shall be VND 40 million, increased VND 10 million compared to current regulations.
In case individuals commit acts of technology transfer from Vietnam to foreign countries or from abroad into Vietnam on the list of technologies banned from transfer, they shall be subject to a maximum fine of VND 50 million.
For acts of violation that occurred before August 1, 2019, which were later discovered or being considered and settled, the regulations on benefits for organizations and individuals shall apply.
The new regulation of the Government has enhanced the responsibilities of organizations and individuals when committing acts of violation in scientific and technological activities, technology transfer, further improving the construction of a healthy environment in this field.
On July 19, 2019, the Ministry of Information and Communications issued Circular 06/2019/TT-BTTTT amending and supplementing a number of articles of Circular No. 24/2015/TT-BTTTT of August 18, 2015 of Minister of Information and Communication regulates the management and use of internet resources.
Circular 06/2019 / TT-BTTTT has many new content added. In particular, the highlight is the content of adding 03 cases of temporarily suspended “.vn” domain names:
– Cannot identify the subject due to impersonation of domain name registration;
– Domain name with incorrect registration information;
– Domain name is an organization that has dissolved or no longer exists.
For the above cases, the procedures for suspension of domain names are as follows:
– After 30 (thirty) days from the date Vietnam Internet Network Information Center or Registrar requests to update and supplement information that the domain name registrar does not perform, the domain name is suspended from operation on the system. National domain name server. Registrar sends notice of domain name suspension to domain name holder within 02 (two) working days since the domain name is temporarily suspended;
– Within 30 (thirty) days from the date of suspension of domain name operation, if the domain name holder updates, supplements or completes the information, the domain name shall be removed from the suspension status.
Circular 06/2019/TT-BTTTT will take effect from September 15, 2019. The addition of 03 cases of temporary suspension of operation of “.vn” domain names contributes to improving the effectiveness of supervision and management of state management agencies on information and communication related to the use of Internet source.
On June, 06, 2019, Ministry of Health issued Circular No. 09/2019/TT-BYT guiding the evaluation of conditions for signing contracts for initial medical examination and treatment, specializing in the implementation of sub-clinical services and some cases of direct payment of expenses in examination Health insurance, health insurance issued by the Minister of Health 10/06/2019 takes effect from August 1, 2019.
Accordingly, from August 1, 2019, there will be three more cases where people with health insurance cards will be paid directly for medical examination and treatment expenses. So based on Official Dispatch 141 / BHXH-CSYT and Article 4 of Circular 09/2019 / TT-BYT, there are currently 06 cases of health insurance participants being paid directly for medical examination and treatment costs. Specifically:
– Medical examination and treatment at establishments not signing health insurance examination and treatment contracts:
+ Emergency;
+ Examining and treating outpatient and inpatient care at district and equivalent medical examination and treatment establishments;
+ Examining and treating inpatient diseases at provincial and equivalent medical examination and treatment establishments;
+ Examining and treating inpatient diseases at central and equivalent medical examination and treatment establishments;
– Medical examination and treatment at the place of initial medical examination and treatment registration on the health insurance card is not in accordance with regulations (not presenting the health insurance card with photos or health insurance cards without photos but not being able to produce identity documents). ;
– The cost of paying together during the year when medical examination and treatment is at the right level of the insured for 5 consecutive years or more is greater than 06 months’ basic salary (8.94 million VND) but not yet entitled to benefits right at the facility healthcare;
– Health insurance card data is not provided or provided inaccurately about information;
– Do not present the health insurance card before leaving the hospital, transferring to the hospital during the day due to emergency, loss of consciousness, death or card loss but have not been reissued.
Thus, from August 1, 2019, people who have lost health insurance cards will still be paid directly for medical examination and treatment as in other cases.
On July 12, 2019, the Ministry of Finance issued Circular No. 43/2019/TT-BTC stipulating investment costs determined as reasonable expenses when deducting expenses for employee working in industrial zones and economic zones, Circular 43/2019 / TT-BTC takes effect from August 26, 2019.
Accordingly, Circular 43/2019 / TT-BTC regulates investment costs determined as reasonable expenses when deducting expenses for workers working in industrial parks and economic zones. Specifically:
– Expenses for investment in construction, operation or lease of condominiums and social infrastructure works for workers working in industrial parks and economic zones of enterprises with investment projects. In industrial parks and economic zones, it is allowed to deduct when determining income subject to enterprise income tax as follows:
– For fixed asset value: calculated into the value of the project and depreciated into deductible expenses when determining the income subject to enterprise income tax if it meets the condition of fixed assets according to regulations. Ministry of Finance’s regulations on management, use and depreciation of fixed assets.
– For expenses (except for the case specified at Point a, Clause 1 of this Article), it shall be calculated into deductible expenses when determining incomes subject to enterprise income tax according to the provisions of law on enterprise income tax.
– Incentive for investment projects to build houses, cultural facilities, sports, social infrastructure works for workers working in industrial parks and economic zones.
Investment projects on construction of houses, cultural works, sports and social infrastructure works in service of workers working in industrial parks and economic zones shall enjoy preferences according to the law on construction. Building social housing and related laws.
Thus, Circular No. 43/2019/TT-BTC has detailed provisions, concretizing and explaining the content, guiding the application of Clause 4, Article 24 of Decree No. 88/2018/ND -CP of the government on the management of industrial parks and export processing zones on the cost of construction, operation or rental of apartment buildings and social infrastructure works for workers working in public areas industries and economic zones are reasonable expenses deductible for calculating taxable incomes of enterprises having investment projects in industrial parks or economic zones.
On June 26, 2019, the State Bank issued Circular No. 06/2019/TT-NHNN providing guidelines on foreign exchange management for foreign direct investment activities into Vietnam effective on 06 September 9, 2019.
Accordingly, Circular No. 06/2019 / TT-NHNN has the following outstanding contents:
– Foreign investors and Vietnamese investors are entitled to make investment capital contribution in foreign currencies and Vietnam dong according to the investor’s capital contribution level in the investment registration certificate, establishment and operation license. in accordance with specialized laws (for enterprises with foreign direct investment established and operating under specialized laws), Notice of satisfaction of conditions for capital contribution, share purchase, repurchase capital contribution of foreign investors, PPP contracts signed with competent state agencies, other documents proving the capital contribution of foreign investors in accordance with the provisions of law.
– Enterprises with foreign direct investment, foreign investors participating in BCC contracts, implementing PPP projects in case of not establishing project enterprises must open a direct investment capital account in foreign currency in 01 (one) bank is allowed to carry out legal transactions of collection and payment in foreign currencies related to foreign direct investment activities in Vietnam.
– In case of carrying out foreign loans, the borrowed money does not correspond to the currency that the foreign direct invested enterprise uses to open the direct investment capital account, the invested enterprise. Foreign direct investors are allowed to open more loan accounts, repay foreign loans with the currency borrowed at an authorized bank where the direct investment capital account has been opened to make lawful collection and spending transactions related to foreign loans in accordance with the law on foreign loans and debt repayment of enterprises.
Thus, Circular No. 06/2019/TT-NHNN provided detailed instructions on the investment capital contribution, the method of capital contribution of foreign investors when investing in Vietnam.
On June 24, 2019, the Government issued Decree 55/2019 / ND-CP on legal support for small and medium enterprises.
Accordingly, small and medium enterprises are supported with legal consultancy costs with the following levels:
– Microenterprises are supported 100% of legal consultancy costs according to the written agreement on provision of legal consultancy services between legal consultants and enterprises, but not exceeding VND 3 million / year;
– Small businesses are supported up to 30% of legal consultancy costs according to the written agreement on provision of legal consultancy services between legal consultants and enterprises, but not exceeding VND 5 million / year;
– Enterprises have been supported up to 10% of legal consultancy costs according to the written agreement on providing legal consultancy services between legal consultants and enterprises, but not exceeding VND 10 million / year;
– Business households converted to small and medium-sized enterprises, small and medium enterprises with creative start-ups, small and medium-sized enterprises join industry-linked groups, value chains are supported with legal consultancy expenses according to regulations. in Chapter IV of Decree No. 39/2018 / ND-CP detailing a number of articles of the Law on Small and Medium Enterprises Support or legal documents to amend, supplement or replace this Decree.
In cases where the ministry or ministerial-level agency agrees to support it, the small business has just submitted a dossier requesting payment of legal consultancy expenses, support problems. Payment records include:
– Legal advisory documents, including 01 full version and 01 copy has removed information about business secrets of the enterprise;
– A written request for payment of legal consultancy fees certified by a consultant and an enterprise, including a reference to the number and date of the written consent to support, the beneficiary’s name and account number, bank beneficiary’s goods;
– Finance bill.
Decree 55/2019 / ND-CP takes effect from August 16, 2019. Accordingly, the above-mentioned legal support policy helps small and medium enterprises improve their knowledge, consciousness and habit of complying with laws, limit risks and legal obstacles in business activities of enterprises career, thereby enhancing the competitiveness of enterprises and the effectiveness of law enforcement organization.
On 17/07/2019, the Ministry of Health issued Circular No. 17/2019/TT-BYT guiding the supervision and response to infectious diseases and epidemics issued by the Minister of Health. The Circular is effective from 01/09/2019.
Accordingly, in Article 6 of Circular No. 17/2019 / TT-BYT, there are provisions on monitoring contents, specifically:
1. For persons suffering from contagious diseases, carriers of infectious diseases, people suspected of being infected with contagious diseases, the supervising contents include:
a) Full name, age, gender, occupation, contact phone, living address, place of study and work; location and duration of illness and onset; disease development, symptoms, diagnosis and treatment process, health care and treatment facilities before getting sick; information on assays confirming appropriate pathogens; obstetric history, history of vaccination and immunological status, travel history at home and abroad, information on exposure history, exposure and epidemiological factors involved;
b) Economic, cultural and social conditions at the monitoring place
2. For infectious pathogens: strains, species, groups, types, subtypes, genes, genotypes, biological properties of drug resistance, changes in form, gene and mode of transmission.
3. For the transmission medium
a) Animals: quantities, relationships with humans and other characteristics required. Particularly for insects that need additional supervision: biological characteristics, species composition, monitoring indicators, chemical sensitivity;
b) Food: raw materials, sources, methods of processing, storage, transportation and distribution;
c) Environment: soil, water, air;
d) Other objects carrying infectious pathogens.
4. Based on infectious diseases and epidemics, objects of supervision and requirements of different types of supervision, the units responsible for supervision and selection of appropriate supervision contents.
And also according to Article 6 of Circular No. 17/2019 / TT-BYT, the monitoring process is carried out according to the following steps:
1. Collect data and information.
2. Data analysis, interpretation and evaluation of results.
3. Assess the risk, identify disease situation, infectious diseases.
4. Proposing intervention measures.
5. Report and share information.
Accordingly, the issuance of Circular No. 17/2019/TT-BYT is a legal basis to guide competent agencies to actively monitor and respond to infectious diseases and epidemics. This contributes to the complicated situation of infectious diseases and epidemics.
On 15/08/2019, Council of Justices of Supreme Court issued Resolution No. 05/2019/NQ-HĐTP coming into effect from 01/09/2019.
According to the Resolution, social insurance evasion committed before 01 January, 2018 shall not be prosecuted. The evasion, indeed, shall be dealt with as follows:
If the evasion is not sanctioned administratively and time limit for this administrative sanction does not pass, the evasion shall be administratively sanctionted.
If the evasion was sanctionted administratively, authorities shall force the violator to enforce the sanction.
If the violator cause damage to its labour, labour agency or other entity (“the victim”), the victim may claim for non-contractual liability.
According to Article 216 of Criminal Code, monetary penalty for social insurance evasion crime of enterprises ranges from VND 200,000,000 to VND 3,000,000,000.
The Resolution contributes to anticipation of enterprises in commercial and penal risks in relation to social insurance evasion.
On 26/06/2019, the Governor of the SBV issued of Circular No. 06/2019/TT-NHNN guiding the management of foreign exchange for foreign direct investment activities in Vietnam, replacing the Circular No. 19/2014/TT-NHNN dated 11/08/2014 of Governor of the SBV.
About the Circular No. 06/2019/TT-NHNN:
Circular 06/2019/TT-NHNN is issued to guide the contents related to foreign exchange management for foreign direct investment activities in Vietnam in accordance with the law on foreign management. Exchange at the Foreign Exchange Ordinance (amended and supplemented), Decree 70/2014 / ND-CP dated July 17, 2014 of the Government detailing the implementation of a number of articles of the Ordinance on Foreign Exchange (amended , amendments and supplements) and the law on investment in the 2014 Investment Law, specifically as follows:
The Circular specifies the concept of enterprises with foreign direct investment capital, serving as a basis for determining subjects to open direct investment capital accounts.
The Circular specifies the contents of revenue and expenditure on direct investment capital accounts in foreign currencies and direct investment capital accounts in Vietnam dong.
The Circular regulates the contents related to the payment of the value of investment capital transfer, investment projects including user accounts, valuation currencies, and payment transactions in transfer transactions.
In addition to the above contents, the Circular also specifies the responsibilities of authorized credit institutions, foreign direct investment enterprises and foreign investors in order to create a legal and advanced basis. responsibilities of concerned organizations and individuals in complying with regulations on foreign exchange management for foreign direct investment activities in Vietnam.
The values of Circular No. 06/2019 / TT-NHNN provide:
Strengthen foreign exchange management to ensure market stability, increase foreign exchange reserves, attract foreign currency from FDI.
Perfecting the legal framework for foreign exchange management, creating favorable conditions and ensuring legitimate interests for organizations and individuals engaged in foreign exchange activities, in line with practical requirements, contributing to promoting economic development.
Create a clear legal corridor in managing direct investment flows into and out of Vietnamese territory.
Encouraging remittances, attracting foreign currency into the banking system, limiting domestic foreign exchange use, contributing to stabilizing the foreign currency market.
On 15/08/2019, the Government issued Decree 69/2019/ND-CP regulating the use of public assets to pay investors when implementing construction investment projects in the form of build – transfer contract (BT contract). The Decree takes effect from October 1, 2019.
Some notable contents in the decree:
Types of public assets allowed to be used to pay Investors include (Clause 2 Article 1):
Land fund;
Land, houses and other assets associated with land of state agencies, public non-business units, units of the people’s armed forces, the Communist Party of Vietnam, political and social organizations, socio-political-professional organizations, social organizations, socio-professional organizations and other organizations established under the law on associations (agencies, organizations and units);
Infrastructure assets in service of national interests and public public interests;
Other types of public assets according to the Law on Management and Use of Public Assets.
The valuation of each type of public asset
Land fund: The value of the paid land fund is the land use levy or land rent paid in lump sum for the whole lease term (Clause 1, Article 6);
Land, houses and other assets attached to land of agencies, organizations and units: Value of land use rights and property values on land (Clause 1, Article 9);
Infrastructure assets: Value of exploitation rights of infrastructure assets (Clause 1 Article 11);
Other types of public assets: comply with regulations on management and use of public assets and other relevant regulations (Article 13).
For BT contracts signed before the effective date of this Decree, payment to investors shall continue to be performed according to the contents of the BT Contract signed or applied by law. related to implementation (Article 17).
The promulgation of Decree 69/2019 / ND-CP has created an important legal basis for the implementation of Build – Transfer contracts, which is a premise for foreign investors to participate in national construction investment activities as well as promoting the development of the economy.
