On 21/05/2019, the Minister of Agriculture and Rural Development issued Decision No. 1821/2019/QD-BNN-CN promulgating decisions on the announcement of amended and supplemented administrative procedures. breeding and aquaculture areas under the management functions of the Ministry of Agriculture and Rural Development.
Accordingly, Decision No. 1821/2019/QD-BNN-CN stipulates a number of issues related to conditions for establishments testing animal feed and aquaculture. In this article, the author would like to mention the above problem in accordance with the current law.
Decision No. 1821/2019/QD-BNN-CN regulates central administrative procedures under the management of the Ministry of Agriculture and Rural Development in the field of livestock and fisheries. There are four amended and supplemented administrative procedures including:
1. Registration for testing of new animal and aquatic feeds
2. Registration of domestically produced animal feeds and aquatic products permitted for circulation in Vietnam
3. Changing information of animal feed and aquatic products permitted for circulation in Vietnam
4. Approving the import of livestock and aquatic feeds not yet permitted for circulation in Vietnam for production and processing for export purposes.
For procedures for registration of assay for animal and aquatic feeds, new conditions have been amended for establishments testing animal and aquatic feeds. Specifically, this Decision has stipulated:
– Having or renting locations, material facilities and specialized equipment to meet the requirements of assaying each kind of food on each farming object.
– For aquatic food testing establishments, there must be sufficient water sources meeting the quality requirements; There are separate water supply and drainage systems, with waste water storage ponds to ensure the inspection of environmental indicators and criteria of aquatic diseases.
– Technical managers must have a university or higher degree in livestock, animal husbandry – veterinary, biotechnology (for animal feed testing facilities) or specialized aquaculture. production and biology (for aquatic food testing facilities).
Decision No. 1821/2019/QD-BNN-CN was issued as a necessary amendment, though it removed some contents but still ensured the rigor of the conditions through which the basis Testing may be flexible in the process of assaying new animal and aquatic feeds.
On 22/05/2019, the Ministry of Construction issued Decision No. 398/QD-BXD promulgating the Plan for implementing Directive 11/CT-TTg dated April 23, 2019 of the Prime Minister on a number of measures to promote The real estate market develops stably and healthy.
Accordingly, the Plan is issued with the following main contents:
– Objectives: To enhance the institutional improvement of housing and real estate market management in a timely manner, suitable to the practical situation; effectively implementing social housing programs; strengthen guidance, inspection and inspection on housing and real estate market.
– Content of the plan, including:
• Study and complete the draft Law on amendments and supplements to a number of articles of the Construction Law, the Housing Law and the Law on Real Estate Business;
• Study and issue amendments and supplements to construction standards and standards for different types of apartment houses and tourist apartments;
• Proposing the promulgation of legal documents on regulations on management and operation of short-term office buildings.
In addition, the Decision also specified specific responsibilities and specific tasks for individuals, agencies and organizations involved.
New regulations of the Prime Minister show interest and promote the healthy, stable and sustainable development of the real estate market.
On 10/05/2019, the Government issued Decree No. 39/2019/ND-CP regulating the organization and operation of small and medium enterprise development funds effective 01/07/2019.
Accordingly, the Decree No. 39/2019/ND-CP has outstanding contents as guidelines for lending to small and medium enterprises, specifically as follows:
– Lending activities of the Fund are made under the agreement between the Fund and small and medium enterprises. Small and medium-sized enterprises borrowing capital from the Fund must ensure the use of loan capital for the right purposes, repay the principal and loan interest fully and on time as agreed with the Fund.
– Enterprises that borrowed capital are small and medium enterprises with creative startups, small and medium enterprises participating in industry-linked groups, small and medium enterprises joining the value chain.
– Direct lending interest rate is equal to 80% of the lowest commercial lending interest rate. The lowest level of commercial lending interest rates is determined on the basis of comparing the lending interest rates of four commercial banks with state capital and the largest total assets at the time of determining the lending interest rates of the Fund.
– The maximum loan amount for each project or production or business plan must not exceed 80% of the total investment capital of each project or plan. The total loan amount of a Fund for a small and medium enterprise must not exceed 15% of the Fund’s actual charter capital.
– Loan term is determined in accordance with the ability to recover capital, repayment capacity of enterprises and specific conditions of each project, production and business plan, but not exceeding seven years.
Thus, Decree No. 39/2019 / ND-CP has set out the principles and conditions of borrowing for small and medium-sized enterprises, while supporting medium enterprises to create a legal corridor to ensure the Fund’s rights.
On May 13, 2019, the Government issued Decree No. 40/2019 / ND-CP amending and supplementing a number of articles of decrees detailing and guiding the implementation of the Law on Environmental Protection. This Decree takes effect from July 1, 2019.
Accordingly, Decree No. 40/2019 / ND-CP specifies conditions for imported scrap as production materials must meet the requirements in accordance with Clause 1 Article 76 of the Law on Environmental Protection. Specifically:
– Meet the requirements and responsibilities for environmental protection stipulated in Clauses 2 and 3, Article 76 of the Law on Environmental Protection;
– There is an environmental impact assessment report approved by the Ministry of Natural Resources and Environment, in which the contents of imported waste materials are used as production materials and granted a certificate of completion of environmental protection works. or a hazardous waste disposal license, which includes the use of waste as a raw material for projects already in operation.
For newly constructed projects, they must meet the requirements prescribed in Article 16b and Article 17 of Decree No. 18/2015 / ND-CP.
– Having a certificate of satisfaction of environmental protection conditions in importing discarded materials as production materials according to law provisions.
In addition, the Decree added the regulations on the number of glide and the time of making an environmental impact report according to Article 14 of Decree 18/2015 / ND-CP.
The new regulation is in effect, demonstrating the Government’s strict management, requiring organizations to protect the environment.
On April 18, 2019, the General Department of Customs issued Decision No. 1157 / QD-TCHQ regulating the promulgation of regulations on management and use of customs fees effective on April 18, 2019.
Accordingly, Decision No. 1157 / QD-TCHQ has the following outstanding contents:
– The General Department of Customs is allowed to leave all the collected fees to cover the costs of providing services and collecting fees.
– Annually, the Customs Departments of provinces and cities shall make customs revenue and expenditure estimates and send them to the General Department of Customs (via the Finance – Administration Department) for evaluation and general synthesis in the revenue and expenditure estimates. State budget yearly sent to the Ministry of Finance.
– The General Department of Customs assigns the customs revenue and expenditure estimates to the budget-using units under and attached to the General Department of Customs on the basis of the estimates assigned by the Ministry of Finance and the unused customs fees. During the year, it will be transferred to the following year to continue using according to regulations.
– There are two spending regimes including spending on self-control and not self-control.
Thus, Decision No. 1157/QD-TCHQ issued regulations on management and use of customs fees for the General Department of Customs, the provincial, inter-provincial and municipal Customs Departments to implement.
On 31/01/2019, the General Director of Vietnam Social Insurance issued Decision No. 116/2019/QD-BHXH promulgating the process of settling the social insurance regimes and paying for health insurance. Social insurance, unemployment insurance, effective from 01/05/2019.
Accordingly, Decision No. 166/QD-BHXH stipulates a number of issues related to the first-time occupational accident and occupational disease regime. In this article, the author would like to mention the above problem in accordance with the current law.
The following terms are abbreviated:
• Social insurance: Social insurance
• Labor accidents: Labor accidents
• BNN: Occupational disease
• Labor skills: Labor ability
• GDYK: Medical assessment
In the process of settling the social insurance regimes and paying social insurance and unemployment insurance regimes (promulgated together with this Decision), it is prescribed for settlement of regime benefits. Occupational accidents and work-related diseases in the first case of occupational accidents and occupational diseases include:
• Minutes of appraising the level of labor impairment of the GCC Council or a copy of the certificate of HIV / AIDS infection due to occupational risks in case of HIV / AIDS infection due to occupational risks (equivalent to If labor productivity is reduced by 61%), if the job allocation is higher than the rate of 61%, the application for work-related diseases in this case must have a Minutes of Labor Contract.
• In case of inpatient treatment: Copy of hospital discharge or copy of medical record after treatment of occupational accidents or work-related diseases.
• In case of work-related diseases, but not inpatient treatment, there is an additional examination of work-related diseases.
• Appointment of medical examination and treatment facility, orthopedic facility, rehabilitation according to regulations on the PGSGS level (if any).
• Written request for settlement of occupational skills and occupational diseases regime according to form No. 05A-HSB.
• In case of payment of payment fees, there will be additional invoices and vouchers for collecting fees; a list of contents of the establishment’s evaluation of the production process.
For the settlement of the occupational health regime – BNN, the social insurance agency has abolished the stipulation that there must be a social insurance book, papers for examination and treatment of initial injury for outpatient cases and a number of documents proving that traffic accidents. Compared to the previous documents, this Decision incorporates the profile components of the procedures, specifically the composition of documents for cases of occupational accidents and work-related diseases that have been reduced and integrated into each other, no also separate as before. The content is more specific and clear, the composition of documents is also greatly reduced, which facilitates the employees in the process of finalizing documents, implementing procedures and enjoying the subsidy regime of me The reduction of profile components does not mean that the beneficiary will take advantage of that to deliberately benefit individuals, but the social insurance agency will have its own mechanism to control and manage closely, ensuring for employees who enjoy the most legitimate rights in accordance with the law.
Occupational accidents and work-related diseases are unavoidable issues of workers in the working process, along with the increasing number of employees participating in social insurance, the simplification of procedures is essential and unresolved. same helpful. In general, this decision is issued in favor of beneficiaries. Therefore, when this Decision came into effect, there was a great interest from workers as well as public opinion. This is a new breakthrough, a great improvement in the management of social insurance agencies.
On May 9, 2019, the Government issued Decree No. 38/2019 / ND-CP stipulating the basic salary for cadres, civil servants, officials and armed forces.
Accordingly, the Decree No. 38/2019 / ND-CP specifically stipulates the increase of the basic salary for cadres, civil servants, officials and armed forces, specifically as follows:
Firstly, increasing the base salary by 100,000 VND / month, from July 1, 2019, the base salary will increase from VND 1,390,000 / month to VND 1,490,000 / month.
Secondly, on the subject of application, Decree No. 38/2019 / ND-CP is renewed compared to the regulations on people working under the labor contract regime according to the Decree 204/2004 / ND-CP dated December 14, 2004 as follows:
– Subjects according to Decree No. 204/2004 / ND-CP: People working under the labor contract regime in agencies and units of the Party, State and socio-political organizations are stipulated in the Decree 68/2000 / ND-CP dated November 17, 2000; Persons working under the labor contract regime in the number of employees approved by competent authorities at public non-business units according to the regulations of the Government and the Prime Minister.
– Subjects under the new provisions in Decree No. 38/2019 / ND-CP include: Persons working under the labor contract regime in agencies and units of the Party, State and political organizations – communes Assembly is stipulated in the documents: Decree No. 68/2000 / ND-CP dated November 17, 2000; Decree 161/2018 / ND-CP amending regulations on recruitment of civil servants, civil servants, promotion of civil servant rank, promotion of officials and implementation of a contract regime for some types of work in state administrative agencies , business units-public.
From here, it can be seen that, from the time of May 9, 2019, the Government has issued specific regulations on increasing the basic salary for cadres, civil servants, officials and armed forces. Accordingly, from the date of July 1, 2019, the official salary level increases by VND 100,000/month.
This regulation has contributed to support the people’s life of cadres, civil servants, and armed forces before fluctuations in prices and consumption, serving as a basis for calculating the allowance and birth rates. operating costs as well as calculating deductions and benefits regimes according to the base salary.
On 10/03/2019, the Government issued Decree 39/2019/ND-CP on the organization and operation of the Small and Medium Enterprise Development Fund on 10/03/2019. This Decree takes effect from 01/07/2019.
According to Decree No. 39/2019/ND-CP, the Small and Medium Enterprise Development Fund is a non-budgetary state financial fund, operating for non-profit purposes, established by the Prime Minister, and operated by the Fund. According to the model of one member limited liability company holding 100% charter capital by the State, with a minimum capital of VND 2,000 billion (hereinafter referred to as “Fund”).
The Fund performs the following functions: Lending, sponsoring small and medium enterprises (hereinafter referred to as “SMEs”), starting a creative business, SMEs participating in industry linkages, value chains and receiving and managing resources. loans, grants, aid, contributions and entrustments from organizations and individuals to support small and medium enterprises
The Fund provides loans in two forms: Direct lending is the direct lending fund for innovative start-up SMEs, SMEs participating in industry-linked clusters, value chains that need loans and Indirect loans are The Fund provides loans to small and medium-sized enterprises through the allocation of capital to commercial banks.
In terms of loan conditions, Article 16 stipulates that SMEs start their businesses, SMEs join industry-linked clusters, value chains must have feasible production and business projects and plans; ensure minimum equity capital of 20% of the total investment capital of the project; meet the requirements of loan security in accordance with the law. Article 17 stipulates that the direct lending interest rate of the Fund shall be equal to 80% of the lowest level of commercial lending interest rates; the lowest level of commercial lending interest rates shall be determined on the basis of comparing the lending interest rates of 04 banks. Commercial goods with state capital and the largest total assets at the time of determination of the lending interest rate of the Fund. The maximum loan amount for each project or production or business plan must not exceed 80% of the total investment capital of each project or plan. The total loan amount of a Fund for an SME shall not exceed 15% of the Fund’s actual charter capital, the maximum term of loan shall not exceed 07 years (Article 18).
Decree No. 39/201 /ND-CP provides detailed provisions for Article 20 of the SME Support Law, on organizational structure, functions and tasks and modes of operation of the SME Development Fund. The Fund focuses on supporting innovative start-up SMEs and SMEs to join industry and value chain clusters. For funds received, sponsored, donated, contributed, entrusted by domestic and foreign organizations and individuals, the Fund will support SMEs to meet the conditions of the donor and in accordance with the law. Vietnam law.
On 12/03/2019, the General Department of Taxation issued Official Letter No.786/TCT-KK guiding the transfer of business households to enterprises under Decree 108/2018 / ND-CP. This Official Letter is valid on the issued day.
Accordingly, the principle of conversion from business households to enterprises is as follows:
– Enterprises converted from business households are granted new enterprise identification numbers according to their business registration certificates. The tax code of the household business is invalidated.
– Tax code of Business Households, upon termination of validity, shall still be used as personal tax identification numbers of business household representatives.
– Business households must be responsible for fulfilling their tax obligations, in case they are not completed, they must:
• Inheriting all legal rights, obligations and benefits of business households according to regulations (if converted into small and medium enterprises)
• Business owner (representative) is responsible for all of his assets for unpaid debts of business households, unless otherwise agreed upon (if converted into a responsible company). finite or joint stock company).
Thus, Official Letter 786/TCT-KK has timely contributed to solving problems of tax codes of business households and responsibilities of business households heads after converting to enterprises in time.
