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Legal answers
The process of handling passengers disrupts airline security
Answered

On 29/03/2019, the Ministry of Transport issued Circular No. 13/2019/TT-BGTVT on detailing the aviation security program and quality control of aviation security in Vietnam. This Circular takes effect from 01/06/2019.
Circular No.13/2019/TT-BGTVT provides detailed regulations on disruptive passenger handling process as follows:
The first case: Passengers have not boarded the aircraft
– Aviation security control personnel do not prevent passengers from boarding aircraft, detaining people and documents of passengers’ personal identity.
– Handle in accordance with the principles and procedures for handling violations of aviation security.
– The handling must ensure to minimize the impact of normal operations of airports and airfields.
The second case: Passengers boarded aircraft and airplanes on the ground
– The aircraft commander must apply appropriate handling measures according to his / her competence; decide to suspend flights if deeming necessary for reasons of safety and security for flights; notify airline representatives.
– The airline representative informed the case to the aviation security control force and airport authority at airports and airports to coordinate the handling.
The third case: The aircraft is flying
In case the aircraft is in flight, the aircraft commander has the following tasks and powers:
– Appropriate handling measures must be applied according to their competence;
– Decisions for aircraft to land if deemed necessary due to safety and security reasons for flights;
– Notify the case to the airline or aviation authorities at the airport (if there is no airline representative) where the aircraft landed depending on the nature and extent of the incident;
– Organize to make records of administrative violations or reports, report cases according to the provisions of law on sanctioning administrative violations in the field of civil aviation or make records according to regulations of host countries. handover the case to the aviation authorities where they landed.
The Circular stated that, when receiving the notice, the aviation security control force at the airport and the airport immediately boarded the aircraft to coordinate with the flight crew, apply necessary enforcement measures to release the operation. guests get off the plane, temporarily hold papers on the passengers’ personal identity and infringing objects; The flight crew sets up a report of the case to be transferred to the Airport Authority to handle according to its authority and the airline representative must be present to witness and coordinate in the process of handling the case.
The concerned airport authorities that receive the notice must immediately go to the place of handling the case to directly evaluate and decide the handling according to their competence; oversee the whole process of handling cases, including on aircraft; lead in coordination with aviation security control forces at airports, airports and airlines to assess the case, decide to apply the necessary security measures; request transfer of case files; suspend or allow the flight to continue; make records and sanction administrative violations; If the case is beyond its authority, transfer the case to the competent authority for handling.
Circular No. 13/2019 / TT-BGTVT specifying and detailing the process of disrupting passengers, contributing to ensuring aviation security and improving the quality of aviation security.

Modify some provisions in the Registration for use, adjust information and stop using electronic transaction methods in the field of social insurance
Answered

On 08/10/2018, the Government issued Decree No. 140/2018/ND-CP on amending and supplementing decrees related to business investment conditions and administrative procedures under the scope of management. state management of Ministry of Labor – Invalids and Social Affairs. This Decree takes effect from 08/10/2018.
Accordingly, Decree No. 140/2018/ND-CP on amending a number of provisions in the Registration of use, information adjustment and stop using electronic transaction methods in the field of social insurance, instruments can be as follows:
Firstly, when there is a need to register for electronic transactions, adjust information and stop using electronic transaction methods in the field of social insurance, agencies, organizations and individuals shall make registration forms. sign, use and adjust information and stop using electronic transaction method in the field of social insurance according to Form No. 01 Appendix III issued with this Decree and send the electronic version to the Information Portal of Vietnam Social Insurance or send a paper copy to Vietnam Social Insurance.
Secondly, within 03 working days, from the date of receiving the registration for use registration, information adjustment and stop using the electronic transaction method in the field of social insurance of agencies and organizations. , Individuals and Vietnam Social Insurance shall send notices of acceptance to email addresses of agencies, organizations and individuals; In case of disapproval, Vietnam Social Insurance must notify and clearly state the reason.
Thirdly, in case of registering to stop using electronic transaction method, since the time when Vietnam Social Insurance announces approval, agencies, organizations and individuals shall conduct transactions with the security agency. Social insurance by paper records as prescribed. In cases where agencies, organizations and individuals wish to continue using electronic transactions, they must register according to the provisions of Clause 1, Article 22 of this Decree.
From this it can be seen that, since the time of October 8, 2019, the Government has issued documents to amend some provisions in the registration of use, adjust information and stop using the delivery method. Electronic translation in the field of social insurance. This regulation has contributed to overcome the shortcomings and shortcomings in the previous regulations on “registration of electronic transaction method” in Decree No. 166/2016 / ND-CP dated 24/12/2016. on electronic transactions in the field of social insurance, health insurance and unemployment insurance, contributing to solving problems of investors and building a clear legal framework consistent with the distribution current economic development.

Decision No. 398/QD-BXD Issuing plans to implement a number of measures to promote the real estate market to develop stably and healthy
Answered

On 22/05/2019, implementing Directive No. 11/CT-TTg, the Ministry of Construction issued Decision No. 398/QD-BXD in order to implement synchronously and effectively Ms. Thi of the Government on groups of solutions to promote the real estate market to develop stably and healthy.
Accordingly, the Department of Housing Management and Real Estate Market will be the leading agency in coordination with the Legal Department, Department of Environmental Science and Technology, General Statistics Office, National Institute of Architecture, Institute of Economics. Concentrated construction completed in 2020 The six main task groups include:
– Complete the revised and supplemented Law on Construction Law, Housing Law and Real Estate Business Law
– study and issue amendments and supplements to construction standards and standards for various types of condominiums, tourist apartments (condotels), tourist villas (resort villas) and offices. Short-term accommodation (officetel), motels, rooms for rent.
– Study and propose the issuance of legal documents on regulations on management and operation of office buildings in combination with short-term accommodation (officetel)
– Urge localities to complete and put into operation the housing and real estate information system according to the Decree No. 117/2015 / ND-CP dated 12/11/2015 of the Government
– Research and amend legal policies and urge social housing development
– Coordinate with ministries, sectors and localities to strengthen inspection of law compliance of investors
– Summarize the situation periodically or unexpectedly to report to the Government and the Prime Minister on the evolution of the real estate market in order to promptly take measures to stabilize the market when there are abnormal or fluctuating signs. great.
With the issuance of Decision No. 389 above, the Government; The Ministry of Construction has been taking strong measures to contribute to building a healthy, transparent and sustainable real estate market.

04 steel group apply anti-circumvention measures to avoid trade defense measures
Answered

On 13/05/2019, the Ministry of Industry and Trade issued Decision 1230/QD-BCT on the application of measures to prevent and avoid trade defense measures. The decision takes effect from 27/05/2019.
Accordingly, the decision has specified the types of goods subject to application of measures to avoid trade defense measures. Specifically, steel and wire rod products have HS codes: 7213.91.90, 7217.10.10, 7217.10.29, 7229.90.99, 9839.10.00 imported into Vietnam from different countries / regions. In addition, the decision stated four steel groups that do not apply anti-trade measures to avoid trade remedies. Specifically:
1. Steel containing one of the elements with a percent (%) content by weight in the following scope: Carbon (C)> 0.37%; Silica (Si)> 0.60%; Chromium (Cr)> 0.60%; Nickel (Ni)> 0.60%; Copper (Cu)> 0.60%.
2. Steel containing at the same time the elements with percentages (%) by weight belong to the following scope: Manganese (Mn) from 0.70% to 1.15%; Sulfur (S) is from 0.24% to 0.35%.
3. Steel with circular cross-section of 14mm or more.
4. Domestic steel products are not yet produced.
The decision also stipulates procedures for exemption to apply trade measures to businesses when importing steel products of the above groups.
The new regulation of the Ministry of Industry and Trade has shown the close management of import of steel products, exemption from anti-shielding anti-defense tax for enterprises importing steel items under the list of non-pressurized products. Using trade defense measures, facilitating business activities of steel products take place more exciting in Vietnam market.

Transfer of state capital, investment capital of state-owned enterprises in joint-stock companies according to the method of making books
Answered

On 11/04/2019, the Ministry of Finance issued Circular 21/2019/TT-BTC providing guidelines for the initial sale of shares and state capital transfers in accordance with the method of book making, effective on 03/06 /2019.
Accordingly, Circular 21/2019/TT-BTC has the following outstanding contents:
– The transfer of state capital and investment capital of state-owned enterprises in joint-stock companies must be elaborated according to law provisions.
– The plan of capital transfer in the form of book-keeping must be publicly announced at least 20 days before the opening of the order book at the head office of the capital owner (state-owned enterprise) and a joint-stock company with capital may be transferred. assign, manage the order book, on the mass media (three consecutive issues of a newspaper published nationwide and a local newspaper where the capital owner has its head office, company shares are headquartered) and posted on the website of the owner of capital, managing the order book, the joint stock company with capital transfer (if any).
Thus, Circular 21/2019/TT-BTC guided the process of transferring state capital, investment capital of state-owned enterprises in joint-stock companies by the method of making books.

List of locally produced drugs offered for bid
Answered

On 28/03/2019, the Ministry of Health issued Circular No. 03/2019/TT-BYT on the List of domestically produced medicines to meet the requirements of treatment, drug prices and supply capacity. This Circular takes effect from 01/06/2019.
Accordingly, Circular No. 03/2019/TT-BYT has listed 640 domestically produced drugs to meet the requirements for treatment, drug prices and supply capacity. Details in the list of domestically produced drugs meet the requirements for treatment, drug prices and availability.
Thus, Circular 03/2019/TT-BYT plays an important role in determining the types of drugs offered for bidding. Because the bidding documents of the medical establishments must clearly state that the bid for imported drugs with the same technical criteria cannot be offered with the drugs included in the List of Circular 03/2019 / TT-BYT.
Bidding for imported drugs can only be made in case the Ministry of Health issues a decision to permit the bid for imported drugs for a certain period of time because of the sudden increase in demand for drugs and medical facilities.

Legal News No. 17/2019
Answered

05 new administrative procedures in the field of labor sublease
Answered

On 05/05/2019, the Minister of Labor, War Invalids and Social Affairs issued Decision No. 636 / QD-LDTBXH announcing newly issued, amended, supplemented and abolished administrative procedures. The field of labor and wages falls within the scope of state management functions of the Ministry of Labor, Invalids and Social Affairs. This decision takes effect from 05/05/2019.
Accordingly, the Ministry of Labor, War Invalids and Social Affairs issued five provincial administrative procedures on labor and wages, specifically in the field of labor sub-leasing:
– Issuing licenses for labor sublease activities
– Renewal of labor sublease licenses
– Re-grant labor sublease license
– Revoke License for labor sublease
– Withdrawal of deposit of labor sublease enterprises
Thus, Decision 636 / QD-LĐTBXH has shown a new spirit in the provisions of the law, namely the competence to grant labor sublease licenses to the Chairman of the provincial People’s Committee (according to the Decree). 29/2019 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease activities, the deposit and the list of jobs to be subleased effective from May 5, 2019) instead of the Minister of Labor, War Invalids and Social Affairs (according to Decree 55/2013 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing labor sublease activities, collateral and work list to be subleased for labor expires from May 5, 2019).

Provisions on adjustment of pensions and social insurance benefits and monthly allowances
Answered

On 20/05/2019, the Government issued Decree No. 44/2019/ND-CP regulating the adjustment of pensions and social insurance and monthly allowances, Decree No. 44/2019/ND- CP is effective from July 1, 2019
Accordingly, Decree No. 44/2019 / ND-CP regulates the adjustment of pensions and social insurance allowance and monthly allowance as follows:
From July 1, 2019, an increase of 7.19% on pensions, social insurance and monthly allowances of June 2019 for the following subjects:
– Officials, workers, employees and workers; military personnel, public security officers and employees are entitled to monthly pensions;
– Officials, communes, wards and towns in Decree 92/2009 / ND-CP, Decree 121/2003 / ND-CP and Decree 09/1998 / ND-CP;
– People who are receiving monthly disability allowance, who are receiving monthly benefits;
– Commune and township ward officials are receiving monthly allowance according to Decision 130 / CP and Decision 111-HDBT;
– Military personnel are receiving monthly allowance according to Decision 142/2008 / QD-TTg and Decision 38/2010 / QD-TTg;
– Police are receiving monthly allowance according to Decision 53/2010 / QD-TTg;
– Military personnel, public security officers, employees working as pensioners are entitled to pensions as for military personnel, CAND is receiving monthly allowance according to Decision 62/2011 / QD-TTg;
– People who are receiving monthly labor accident or occupational disease allowance.
Thus, Decree No. 44/2019 / ND-CP has made relatively significant and practical adjustments on pension, social insurance and monthly allowance for 8 separate and specific target groups. on.

New regulations on sanctioning administrative violations in the field of tourism
Answered

On 21/05/2019, the Government issued Decree No. 45/2019/ND-CP regulating administrative violations, sanctions, penalties and remedies and competence to make records on administrative violations in the field of tourism. This Decree takes effect from 01/08/2019.
According to Decree No. 45/2019/ND-CP, for each act of administrative violation in the field of tourism, violating individuals and organizations must be subject to one of the main sanctioning forms: caution or fine. .
Depending on the nature and severity of violations, individuals and organizations that commit acts of administrative violation in the tourism domain may also be subject to one or more of the following additional sanctioning forms:
– Deprivation of the right to use for a term of from 1 month to 24 months: Travel service business license; tourist guide card; decision on recognition of class of tourist accommodation establishments; decide to recognize other tourist service business establishments that meet the standards of tourists; decision to recognize tourist destinations; decision to recognize tourism areas; signboards of tourist transport means;
– Suspension of operation for a period of from 1 month to 06 months;
– Confiscation of material evidences in administrative violations: Fake travel service business license; fake tourist guide card; fake transport vehicle signs.
In addition, individuals and organizations that commit administrative violations in the field of tourism in addition to being subject to the above sanctioning forms may also be subject to one or several of the following remedial measures:
– Forcible re-payment of illegal profits gained from the execution of administrative violations;
– Forced withdrawal of international travel service business licenses, tourist guide cards, decisions on recognition of tourist accommodation establishments and decisions on recognition of other standard tourist service business establishments. serving tourists, deciding to recognize tourist spots, deciding to recognize tourist resorts;
– Forced dismantling of standard signs for tourists;
– Compulsory payment of charges, fees and payable amounts as prescribed.
The Decree stipulates the maximum fine level for each act of administrative violation in the field of tourism for individuals is VND 50 million, for organizations is VND 100 million. For the same act of administrative violation, the fine level for organizations is 2 times the fine level for individuals.
The promulgation of Decree No. 45/2019 / ND-CP is necessary to enhance the effectiveness and efficiency in state management while attracting tourists and ensuring sustainable tourism development.