On 16/08/2019, the Ministry of Construction issued Circular No. 04/2019/TT-BXD amending and supplementing a number of contents of Circular No. 26/2016/TT-BXD of 26/10/2016 of The Minister of Construction shall detail a number of contents on quality management and construction maintenance. Circular 04/2019 / TT-BXD takes effect from 01/10/2019.
Accordingly, in Clause 5, Article 1 of Circular 04/2019 / TT-BXD, supplementing Article 15a, Article 15b after Article 15 of Circular No. 26/2016 / TT-BXD, regarding the construction supervision in the past Construction process is carried out in the following cases:
Follow regulations of approved construction design, technical instructions, construction measures;
When the project has abnormal expression, it needs to be monitored for the assessment, determine the cause to take measures to handle and prevent construction incidents during construction.
Construction contractors are responsible for implementing monitoring in the above cases and in accordance with construction contracts with the following responsibilities:
Prepare a monitoring proposal for investors to accept;
Organization to conduct monitoring according to the approved outline; making reports and evaluating monitoring results.
In addition, investors can choose contractors independent from construction contractors to perform some monitoring during the construction process.
The promulgation of Circular 04/2019/TT-BXD is to supplement regulations related to quality management and maintenance of construction works, creating strict management of state agencies in monitoring quality construction, while enhancing the responsibility of contractors as well as investors.
On 14/08/2019, the Government issued Decree 68/2019/ND-CP on management of construction investment costs. This Decree takes effect from October 1, 2019.
Accordingly, in Article 3 of Decree 68/2019 / ND-CP, the principle of management of construction investment costs and management responsibilities of investors is recorded as follows:
Management of construction investment costs must ensure the investment objectives, the approved project effectiveness, in accordance with the construction investment order as prescribed in Clause 1, Article 50 of the Construction Law and Capital application and investment form of the project, implementation method of the project. Construction investment costs must be properly and fully calculated for each construction project, project or construction package, suitable to the design requirements, technical instructions, construction conditions and project implementation plans, market price level in the construction area and expected price fluctuations in the construction investment process.
The investor is responsible for managing construction investment costs from the project preparation stage to the end of construction and putting the project’s works into exploitation and use and settlement of construction investment capital within the scope of the approved total investment of the project includes the case where the total investment amount is adjusted according to the provisions of Article 7 of this Decree. Investors may hire organizations and individuals to provide consultancy on expense management to meet the capability conditions prescribed in the Decree on management of construction investment projects for elaboration, verification, control and management of head expenses. construction.
Decree 68/2019/ND-CP applies to agencies, organizations and individuals related to the management of construction investment costs of projects using state budget capital and state capital out of state budget, investment projects in the form of public-private partnerships (PPP).
On December 04, 2018, the Government issued Decree No. 163/2018/ND-CP regarding bond issuance of enterprises. This decree comes into effect from February 01, 2019.
Accordingly, the Decree stipulates several new and important regulation regarding conditions on bond issuance of enterprises, in particular:
Enterprises must have the minimum operation period of 01 year from the first issuance date of Enterprise Registration Certificate or that of Business Registration Certificate or that of equivalent License in accordance with laws.
Bonds must be issued to no more than 100 investors, regardless of professional securities investors and must not be under mass media or Internet.
Enterprises only need financial statement of the previous year audited by qualified auditing organizations instead of having profits in the preceding year from issuance.
Enterprises must make full payments of both principal debt and interest for a period of 03 consecutive years prior to the issuance of bonds
Enterprise are obliged to public information about bond issuance before issuance date, after issuance date, before converting bond, or redemption immature bond.
Bonds are one of the effective capital mobilization tools of enterprises, especially in the context that the current banking system is tightening credit loans, therefore, the introduction of this Decree significantly contributes to create a more open legal framework for enterprises that need to mobilize capital through bonds, while this Decree still protects the interests of investors through the mechanism of information disclosure and bond depository at the Stock Exchange.
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. The Circular takes effect from September 15, 2019.
Accordingly, Circular 06/2019 / TT-BTTTT regulated in the direction of supplementing and amending a number of new points on the management and use of Internet resources, specifically:
Additional provisions to explain the term “member address” (Clause 15 Article 2).
Additional provisions on temporary suspension of domain names in cases where the subjects cannot be identified due to impersonation of domain names, domain names with incorrect registration information, domain names being organizations dissolved or no longer exists (Article 11).
Supplement regulations to change the name of the registered subject using IP address, autonomous system number (Clause 1, Article 22).
Amend the regulations on registration, use the domain name “.name.vn” under which additional organizations are allowed to register to use the domain name “.name.vn” (clause 3, Article 5).
Amending the regulations on the management of “.vn” domain names in the process of resolving domain name rights disputes in accordance with civil law enforcement regulations along the direction of ensuring feasibility in practice: fixing changing the preferred time limit for domain name registration of the judgment creditors is the plaintiffs from the date when decisions, rulings and judgments for dispute settlement take effect (Clause 3, Article 10).
Amending the regulation of Registrar conversion in the direction of clearly defining the responsibilities of Registrars who are managing domain names in order to perform procedures to convert Registrar to manage domain names when the subject has a love demand and must not interfere when the subject has fulfilled all obligations in the agreement on registration and maintenance of “.vn” domain names with Registrars (Item 1, Article 15).
In general, Circular 06/2019 / TT-BTTTT has been issued to create favorable conditions for the subjects when registering to use Internet resources on the basis of implementing the policy of administrative procedure reform and at the same time supplementing Additional regulations addressing a number of situations arise to suit the actual situation.
On July 17, 2019, the Minister of Culture, Sports and Tourism issued Circular No. 04/2019/TT-BVHTTDL on the list of compulsory sports activities with training instructors and operation lists of adventure sports. This Circular takes effect from September 1, 2019.
Previously, in Decree 36/2019/ND-CP, there were regulations on business conditions of businesses engaged in extreme sports activities and sports activities required to have training instructors. However, there are no specific regulations on the list of sports activities in the two cases mentioned above. Circular No. 04/2019 / TT-BVHTTDL promulgated specifically on these two lists, thereby helping enterprises easily identify and compare when implemented.
Accordingly, compulsory sports activities with instructor training are specified in the List issued together with the Circular, including the following activities:
Practice, compete artificial climbing;
Training, playing Ice Skating;
Practice and compete horse racing;
Training, playing sports Sword;
Shooting, playing Shooting;
Archery training and competition;
Exercise and competition Gymnastics;
Exercise and competition Acrobatic gymnastics (on the mesh surface with springs);
Train and compete in Racing.
List of extreme sports activities including:
Practice, play Paragliding motive
Training, playing Paragliding is not motivated
Practice and play motivated kites
Practice and play kite flying without engines
Practice, compete in natural climbing
Practice, play Scuba diving and recreational sports
Practicing, competing Motorcycles at sea
Training and competition of terrain sports cars
Practicing, playing motorsport
Train and compete terrain bikes.
When a sports business enterprise has to compare with the list issued with this Circular to determine whether sports activities require someone to instruct to practice or conduct extreme sports activities. Each category will have certain conditions that need to be met, specific conditions specified in Decree No. 36/2019 / ND-CP.
Pursuant to Circular 59/2015 / TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs, the Law on Social Insurance 2014 and documents guiding the implementation and maternity regime for male workers from July 1, 2019 is done as follows:
According to Article 34, the Law on Social Insurance 2014 stipulates the day off for maternity benefits for male employees who are paying social insurance when their wife gives birth, as follows:
For male employees who are paying social insurance with a wife giving birth, within the first 30 days from the date of birth:
– 05 working days if the wife gives birth normally;
– 07 working days when the wife gives birth, the child must have surgery, give birth to children under 32 weeks of age;
– 10 working days in case of twin wives, from birth of three or more, each additional child will be entitled to an additional three working days;
– 14 working days in case the wife has twins or more but must have surgery.
In the case of only a father participating in social insurance whose mother dies after childbirth or is at risk after giving birth without having enough health to take care of the child according to the certification of a competent medical establishment:
– Father is entitled to a day off of absence for maternity benefits until the child is 06 months old.
– In cases where only the mother participates in social insurance or both parents participate in social insurance, but the mother dies after childbirth, the father is entitled to day off the maternity benefit for the remaining time of the mother. If the mother participates in social insurance but is not eligible for benefits and the mother dies after giving birth, the father will be entitled to day off for maternity until the child is 06 months old.
Regulations on the day – off for maternity benefits for men effective from July 1, 2019 have important implications in ensuring the rights of workers not only showing the legality but also the expression of the state’s interest in people’s lives.
On July 5, 2019, the Ministry of Culture, Sports and Tourism issued Circular No. 02/2019 / TT-BVHTTDL regulating the process of judicial expertise on copyright and related rights. This Circular takes effect from September 1, 2019.
Judicial expertise on copyright and related rights is one of the activities of judicial expertise. Under the provisions of the Law on Judicial Assessment 2012, judicial expertise is the use of knowledge, means, scientific, technical and professional expertise by judicial expertise experts to conclude expertise on related issues. regarding investigation, prosecution, trial and enforcement of criminal sentences, settlement of civil cases and administrative cases at the request of the procedure-conducting agency, the procedure-conducting person or as requested of the requester under the provisions of the Law on Judicial Assessment.
Accordingly, Circular No. 02/2019 / TT-BVHTTDL instructing judicial expertise on copyright and related rights is implemented in the following process:
Step 01. Receive requests, solicit expertise;
Step 02. Prepare to carry out assessment;
Step 03. Implementation of assessment;
Step 04. Conclusion assessment;
Step 05. Hand over the assessment conclusion;
Step 05. Prepare files, keep assessment records.
The supplementation of the process of assessment of copyright and related rights contributes to help the assessors and expertising organizations perform the activities of judicial expertise on copyright and related rights quickly and effectively.
On April 11, 2019, the Ministry of Finance issued Circular No. 21/2019 / TT-BTC guiding the first-time sale of shares and the transfer of State capital according to the method of making books. This Circular takes effect June 3, 2019.
Accordingly, Article 24 of this Circular stipulates that the purchase of state shares must carry out deposits from 10% to 20%, specifically:
Public investors shall pay a deposit equal to 10% of the value of the ordered shares calculated at the opening price;
Strategic investors are responsible for paying deposits, collateral or guarantee of credit institutions, foreign bank branches with a value equal to 20% of the value of shares registered to buy, calculated at the initial price points in the equitization plan.
The payment of share purchase money shall comply with Clause 2 of this Article as follows:
Within ten (10) days from the date of publication of the result of the listing, investors complete the purchase and sale of shares and transfer the money to buy shares into the account to receive shares under the Regulations on selling shares. according to the method of making books;
Deposit is deducted from the total amount to pay for shares. In case the deposit amount is larger than the amount to be paid, the investor shall be refunded the difference within three (03) working days from the end of the investor’s term of paying the share purchase;
If the investor does not pay or pay in excess of the above-mentioned payment date for the purchase of shares, the investor must not refund the deposit amount corresponding to the stock number the part that is not paid or fined is equivalent to the deposit amount in case of using escrow or guarantee form. The number of unpaid shares is considered the number of shares not sold out and processed according to regulations.
The promulgation of Circular No. 21/2019 / TT-BTC aims to protect the maximum interests of enterprises, avoiding the situation that individuals and organizations register to buy shares, but do not submit to the payment deadline or fail to pay enough, leading to an effect on the capital mobilization of enterprises.
