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Legal answers
List of a number of bidding packages and procurement contents in order to maintain regular activities and apply contractor selection in special cases
Answered

On April 8th, 2019, the Prime Minister issued Decision No. 17/2019/QD-TTg on a number of bidding packages and procurement contents in order to maintain regular activities of selecting contractors. in special cases as stipulated in Article 26 of the Bidding Law. This decision takes effect from May 22nd, 2019.
Accordingly, Decision No. 17/2019/QD-TTg has specified a number of bidding packages, procurement contents in order to maintain the regular operation of the application of teacher selection in special cases. in which, there are 6 bidding packages, the following contents:
Specialized training and professional training packages for civil servants including compilation of textbooks because it is necessary to invite competent agencies or units to have professional functions and tasks. competent agencies assigned;
Bidding packages for the supply of Vietnamese human resource training services in foreign countries directly implemented by overseas training institutions with specialized or specialized techniques for cultural and scientific fields. , technical, natural, social;
Property valuation package related to criminal cases needs to be done urgently at the request of the investigating agency;
Procurement of categories of assets, goods and services only produced by one establishment; have a uniform selling price set by the State (such as electricity, water, petrol, oil, environmental sanitation fees and other similar services), fixed telephone charges, maintenance of fixed telephone switchboard systems;
Select a lawyer to provide legal services to protect the rights and interests of the Government or Vietnamese government agencies at foreign or international judges when Vietnam is a defendant in international lawsuits;
Bidding package costing no more than VND 50,000,000.
Thereby, it was found that, 06 packages, outstanding contents List of more than 20 bidding packages, procurement contents in order to maintain the regular activities applied the form of contractor selection in special cases will take effect. from May 22nd, 2019 under Decision No. 17/2019/QD-TTg. This regulation has helped to implement a transparent and transparent school owner in selecting and appointing contractors, as well as developing a specific legal framework to contribute to improving the quality of management of state agencies in Select contractors in special cases.

Amend and supplement a number articles of Circular No. 24/2013/TT-NHNN stipulating classification of assets and off-balance-sheet commitments
Answered

On March 29th, 2019, the State Bank of Vietnam issued Circular 04/2019/TT-NHNN amending the Circular No. 24/2013 / TT-NHNN regulating the classification of assets and off-balance-sheet commitments of Vietnam Development Bank is issued by the State Bank of Vietnam. The Circular takes effect from May 15th, 2019.
Accordingly, Circular 04/2019/TT-NHNN amended the adjustment scope of Circular No. 24/2013/TT-NHNN as follows:
This Circular provides for the classification of assets (hereinafter referred to as debt) and off-balance sheet commitments of Vietnam Development Bank.
Debts that must be classified in this Circular include:
State investment credit loans;
Export credit of the State under the contract signed before the Decree No. 32/2017/ND-CP dated March 31, 2017 of the Government on effective investment credit of the State;
Re-lending foreign loans of the Government;
Entrusted lending;
Other loans;
Amounts paid on behalf of off-balance sheet commitments.
Commercial bank loan guarantees (hereinafter referred to as off-balance sheet commitments) must be classified under this Circular to manage and supervise the quality of credit granting activities of the Vietnam Development Bank. Male.
For debts and off-balance sheet commitments specified in Clauses 2 and 3 of this Article, the Government and the Prime Minister provide guidance on the classification, and follow the instructions of the Government and the Prime Minister.
Thus, the State Bank has made adjustments and amendments to the actual implementation and current international trends.

Internal audit work for enterprises
Answered

On January 22nd, 2019, the Government issued Decree No. 05/2019/ND-CP on internal audit. This Decree takes effect from April 1, 2019.
Accordingly, Article 10 of Decree 05/2019/ND-CP stipulates that the following units must perform internal audit, including:
Listed company;
Enterprises where the state owns more than 50% of charter capital are parent companies operating under the model of parent company – subsidiary companies;
State-owned enterprises are parent companies operating under the model of parent company – subsidiary companies.
Besides, businesses that are not in the above cases are encouraged to carry out internal audit.
The above enterprises can hire an independent auditing organization to qualify for audit activities in accordance with the law to provide internal audit services. If an enterprise hires an independent auditing organization to provide an internal audit service, it must ensure the basic principles of internal audit and requirements to ensure compliance with the basic principles of the audit internal.
In summary, with the promulgation of the above Decree 05/2019, the Government has developed a legal framework for internal audit activities, contributing to improving transparency in corporate governance.

Legal News No. 11/2019
Answered

Legal News No. 19/2019
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.

Conditions for establishments testing animal feed and aquatic products
Answered

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:
Registration for testing of new animal and aquatic feeds
Registration of domestically produced animal feeds and aquatic products permitted for circulation in Vietnam
Changing information of animal feed and aquatic products permitted for circulation in Vietnam
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.

Plan for implementing Directive 11/CT-TTg of the Ministry of Construction
Answered

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.