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 March 15th, 2019, the Ministry of Justice issued Circular No. 02/2019/TT-BTP stipulating the obligation to participate in compulsory training of lawyers. The circular takes effect from May 5th, 2019
Accordingly, Circular No. 02/2019/TT-BTP provides many new regulations that stand out from Circular 10/2014/TT-BTP as follows:
Reducing the time to participate in professional training of lawyers at least 8 hours / year (instead of the current regulation of 16 hours / year).
New regulations on the time for redemption to participate in training in that year (this point has not been stipulated in Circular 10/2014 / TT-BTP). Specifically the following cases:
Writing legal research papers published in domestic and foreign law specialized journals; …
Participate in teaching law, law practice skills, ethics and professional law practice at law bachelor training institutions, law training institutions;
Participate and complete the judicial title training program;
Participate in and complete professional training courses, lawyers on lawyers and law practice abroad;
Participate in training programs, seminars, seminars from 1 day or more on the contents specified in Article 3 of Circular 02/2019 organized by the Department of Justice, Department of Justice Assistance and supplementation.
(01 time of participation and completion is estimated by 08 hours of performing the training obligation)
Thus, Circular 02/2019/TT-BTP has been issued to create an open mechanism for training methods to improve skills and allow the conversion of time to participate in compulsory professional training. Service of Lawyers. This provision has both ensured the improvement of professional knowledge of lawyers and is also consistent with the actual situation of lawyers in practice.
On March 27th, 2019, the Government issued Decision No. 758/QD-BGDTT on the announcement of the list of conditions for business investment in conditional business and investment sectors under the management function. management of the Ministry of Education and Training. This decision takes effect on the issed date.
Accordingly, Decision No. 758/QD-BGDDT has specified the Conditions for preschools and kindergartens to operate, as follows:
Having a decision to establish or a decision to permit the establishment of the Chairman of the district People’s Committee;
There are land, campuses, facilities, equipment that meet the requirements, maintain and develop educational activities (specifically, Section 1.2 List of business investment conditions issued together with the Decision No.758/QD-BGDDT);
Having a staff of managers, teachers and staff in sufficient quantity, reasonably structured and up to the standards of ensuring the implementation of preschool education programs and organizing educational activities;
Having sufficient financial resources as required to ensure the maintenance and development of educational activities;
There are regulations on organization and operation of preschools and kindergartens.
It can be seen that, through out the issuance of Decision No.758/QD-BGDDT, the Ministry of Education and Training has clearly stipulated conditions for preschools and kindergartens to operate in education. This regulation has adjusted both kindergartens, preschools, public kindergartens as well as private, private institutions, creating a transparent and fair environment in the management and licensing of units want to invest, business education activities.
On March 28th, 2019, the Government issued Decree No. 30/2019/ND-CP amending and supplementing a number of articles of Decree 99/2015/ND-CP guiding the Law on Housing. The Decree takes effect on May 15, 2019.
Accordingly, Decree 30/2019/ND-CP additionally stipulates the time to arrange the use of old houses under the ownership of houses, as follows:
1. In case the person is actually using the house, has a house-renting contract and is named in this house-renting contract, the time of arranging the house use is determined as follows:
If the time of arranging the use of the dwelling is stated in the lease contract, it shall be determined according to the time stated in the contract;
If the housing lease contract does not state the time when the house is used, it will be determined by the time of signing the contract;
If the contract is renewed or the lease contract is renewed, the time of use arrangement is determined by the time stated in the first contract;
If the person directly using the house has papers proving that he has paid the housing rent before signing the house lease contract, the time of arranging the house use is determined by the time of payment of the housing rent; In case, when signing a house-renting contract, the competent agency has retrospectively collected the house rent (with papers proving the collection of house rent arrears), the time of arranging the house use shall be determined according to the time of calculation of housing arrears collection;
If the person directly using the house has a decision or a distribution document to arrange to use the house (hereinafter referred to as a layout document) and named in that document before the time of signing the contract when renting a house, the time of use arrangement is determined according to the time of writing in the layout-use document; If the written layout is not used, the time of writing shall be determined according to the time of issuance.
2. In cases where they are actually using houses, having no house-renting contracts but having names in the layout documents, the time of arranging the use of houses is determined according to the time inscribed in such documents; If the written layout is not used, the time shall be determined according to the time of issuing this document.
3. In cases where the actual use of a house subject to the right to rent a house is actually used (with a house lease contract or a written arrangement to use the house but not named in the contract or in that document), The time of arrangement of house use is determined according to the time when the first person is named in the contract or the document on the arrangement of use of the house.
Thus, the addition of regulations on determining the time of allocation of old state-owned houses is an essential factor and a legal basis for people as well as responsible state agencies exercise their rights and obligations.
On March 28th, 2018, the Prime Minister issued Decision No. 16/2019/QD-TTg stipulating the route to apply emission standards for imported cars and used cars. This Decision takes effect on May 15th, 2019.
Accordingly, Decision No.16/2019/QD-TTg regulates the outstanding content related to the route to apply emission standards for vehicles, specifically as follows:
– For the route to apply emission standards for cars participating in traffic, as following:
Cars fitted with forced-combustion engines and compressed-motor-driven automobile engines produced before 1999 will continue to apply Level 1.
Cars fitted with forced-combustion engines and compressed motor-mounted cars engaged in production traffic from 1999 to the end of 2008 shall apply Level 2 from January 1st, 2021.
Cars fitted with forced-combustion engines and compressed-motor-driven cars engaged in traffic production after 2008 apply Level 2 from January 1st, 2020.
– For the route to apply emission standards for imported used cars, as following:
Cars fitted with forced fire engines, used compression engines for fire engines are applied Level 4 from the effective date of this Decision.
In case of imported used cars at the time of opening import goods declarations under the Customs Law or having arrived at Vietnamese ports or border gates before the effective date of this Decision, they shall continue to apply the rules In the Prime Minister’s Decision No. 249/2005/QD-TTg of October 10th, 2005, stipulating the route for application of emission standards to road motor vehicles.
Thus, Decision No.16/2019/QD-TTg has detailed regulations on the route to apply emission standards for imported cars and used cars, with the item The goal is to minimize emissions of emissions into the environment from vehicles, ensuring the core goal is to protect the environment in accordance with national regulations, as well as the international community.
On March 26th, 2019, the Minister of Industry and Trade issued Decision No. 708/QD-BCT approving the Plan for improving Logistics Performance Index of Vietnam. This decision takes effect from the date of signing.
The aim of the Plan is to improve Vietnam’s ranking in the LPI rankings published by the World Bank from now to 2025 by 5-10 steps (in 2018, Vietnam ranked 39th in the world in terms of LPI rankings), contributing positively to improving the business environment, cutting costs, improving competitiveness in providing logistics services in Vietnam, improving innovation capacity …, contributing to real currently winning the Government’s resolution on socio-economic development.
The plan sets out specific tasks associated with the roles of ministries, sectors, localities and is divided into task groups closely related to the component indicators in LPI, including:
1. Group of tasks on infrastructure upgrade;
2. The task group on improving delivery capabilities;
3. Tasks on improving capacity and quality of logistics service provision;
4. Group of tasks on technology application, optimal access capability;
5. Group of tasks on shortening time and reducing costs;
6. The task group on improving customs clearance efficiency;
7. Group of auxiliary tasks.
In general, the issuance of Decision No.708/QD-BCT to implement Resolution No.02/NQ-CP dated January 1st, 2019 of the Government showed the State’s determination to improve the business environment, improving national competitiveness, short-term and long-term vision, thereby helping to raise the position and reputation of Vietnam, promoting economic development and attracting foreign investment.
On March 15th, 2019, the Ministry of Finance issued Circular No. 13/2019/TT-BTC amending and supplementing a number of articles of Circular No. 180/2015/TT-BTC dated November 13th, 2015 guiding registration of securities transactions on the trading system for unlisted securities. The Circular takes effect from May 1st, 2019.
Accordingly, the circular stipulates additional 02 cases of stock terminated registration on Upcom Stock Exchange, bringing the total to 06 cases, as following:
Organizations registering for transactions no longer meet the conditions of public companies according to the notice of cancellation of public company registration of the State Securities Commission;
Organizations registering for transactions terminate their existence due to merger, consolidation, division, dissolution or bankruptcy;
Organizations registering for transactions is revoked the business registration certificate or establishment license and operates in the specialized field;
Organizations registering for transactions approved for listing at the Stock Exchange;
Equitized enterprises by the method of offering securities to the public register for trading on the Upcom trading system and are granted business registration certificates, will be canceled their transaction registration after one (01) year from the date of not meeting the conditions for capital or shareholders according to the provisions of Point c, Clause 1, Article 25 of the Securities Law or both of the above conditions.
The equitized enterprise registers to trade on the Upcom trading system and are granted a business registration certificate before the effective date of this Circular, if not meet the conditions on capital or shareholders according to the provisions of Point d, Clause 1, Article 6 of this Circular, the transaction registration will be canceled within one (01) year from the effective date of this Circular.
In addition, the Circular also amended the regulations on the time of stock exchange registration. Within 30 days from the end of the public offering of securities in accordance with the law on securities, Public companies that have not listed securities must complete the securities registration at the Vietnam Securities Depository and register for trading on the Upcom Stock Exchange.
The new regulation of the Ministry of Finance helps to complete the process, procedures and records in the direction of facilitating enterprises to register for trading on the Upcom Stock Exchange, especially the equitized State enterprises.
On February 26th, 2019, the Government issued Decree No. 23/2019/ND-CP on exhibition activities. This Decree takes effect from April 15th, 2019.
Accordingly, Decree No.23/2019/ND-CP details the exhibitions that must apply for a license to hold an exhibition, as following:
The exhibition is taken oversea by Vietnamese organizations and individuals.
The exhibition is hold in Vietnam by international organizations, foreign organizations and individuals.
Thereby, it can be seen that, the next time since April 15, 2019, the Government has clearly defined the cases that must apply for a license to hold an exhibition, as well as exhibitions that are not regulated The Decree requires a license. This provision has helped investors, individuals and organizations implement the exhibition to better understand the cases of applying for permits, creating a transparent environment in managing and licensing real exhibitions. present in Vietnam and bring abroad.
On March 11th, 2019, the Ministry of Industry and Trade issued Circular No. 05/2019/TT-BCT amending the Circular No. 16/2017/TT-BCT regulating the project development and the model electricity purchase and sale contract for solar power project. The circular takes effect from April 25th, 2019.
Accordingly, the electricity purchase price of the solar roof project is revised and supplemented, as following:
Before January 1, 2018, the purchase and sale price of electricity was VND 2,086 / kWh (excluding value-added tax, equivalent to 9.35 UScents / kWh, according to the central exchange rate of Vietnam dong against the dollar. The US announced by the State Bank of Vietnam on April 10, 2017 is VND 22,316 / USD;
As of January 1, 2018, the electricity purchase and sale price applicable under the provisions of Clause 1 of this Article shall be adjusted according to the central exchange rate of Vietnam dong against the US dollar announced by the State Bank of Vietnam. on the date of the last rate announcement of the previous year;
Add content of sample electricity purchase contract for rooftop solar power projects specified in the Appendix of this Circular.
Thus, the amendment and supplement of electricity trading price of the solar roof project is in line with the development trend of the society.
