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Legal answers
Modify and supplement the electricity trading price of the rooftop solar power project
Answered

On March 11th, 2019, Ministry of Industry and Trade (“MIT”) issued Circular No. 05/2019/TT-BCT amending and supplementing a number of articles of Circular No. 16/2017/TT-BCT dated September 12th, 2017 of the MIT regulates the project development and the model power purchase contract applies to solar power projects. The Circular takes effect from April 25th, 2019.
Accordingly, the Circular No. 05/2019/TT-BCT amended and supplemented the electricity selling price of the solar roof project as follows:
-Before January 1st, 2018, the purchase and sale price of electricity was VND 2,086/kWh (excluding value-added tax, equivalent to 9.35 US cents/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 from January 1st, 2018, the electricity purchase and sale prices 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 exchange rate announcement of the previous year.
Thus, the amendment and supplement to the electricity trading price of the solar power project under the new circular is more in line with the growth trend of the economy and the demand of the people.

Legal news No. 07/2019
Answered

Detailed regulations on the import of aquatic breeds for scientific research and exhibitions at trade fairs and exhibitions
Answered

On 08/03/2019 the government promulgate Decree No. 26/2019/NĐ-CP detailing a number of articles and measures to implement the Law on Fisheries. This Decree takes effect from 25/04/2019.
Accordingly, Decree No. 26/2019/NĐ-CP The import of aquatic breeds is prescribed as follows:
1.Organizations and individuals that wish to import aquatic breeds not yet on the list of aquatic species permitted for business in Vietnam for scientific research and exhibit at fair and exhibition must be granted by the General Department of Fisheries permission.
2.Application file for import license of aquatic breeds included:
a)Application for import of aquatic breeds;
b)Photos or drawings describing aquatic species for import registration with Vietnamese names, scientific names and English names (if any);
c)The research proposal has been approved in accordance with the law on science and technology (in case of import for scientific research);
d)Evidence of participation in trade fairs and exhibitions; plans to deal with aquatic species after the fair or exhibition ends (for cases of import for display at fairs and exhibitions).
Thus, the promulgation of Decree 26/2019/ND-CP stipulates in detail the import of seafood next to the basis for better state management, also the basis for organizations and fish People need to import aquatic products to pay attention to comply with the law.

Regulations on principles of administering import tariff quotas for salted eggs and poultry eggs in 2019
Answered

On 04/03/2019 Ministry of Industry and Trade promulgated Circular No. 04/2019/TT-BCT regulates on principles of poultry tax quota management in 2019. The Circular takes efford from 17/04/2019.
Accordingly, Circular No. 04/2019/TT-BCT prescribe the amount of import tariff quotas in 2019 as follows:

Thus, the regulation of the amount of tariff quotas is clearly the basis for the state agencies to easily manage, while helping poultry farmers have a basis to implement their obligations to the state.

Criteria for determining deductible expenses in enterprises
Answered

On February 27, 2019, Hanoi City Tax Department issued Official Letter No. 7623/CT-TTHT on the corporate income tax policy which set out criteria for enterprises to determine deductible expenses.
Accordingly, Official Letter No. 7623/CT-TTHT provides guidelines for determining deductible expenses, after reporting to the General Department of Taxation, specifically:
Article 6, Circular No. 119/2016/TT-BTC, Amending and supplementing Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance guiding the implementation of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government stipulates and guides the implementation of the Law on Enterprise Income Tax as follows:
Enterprises may deduct all expenses if they meet the following conditions:
a)Actual expenses arising related to production and business activities of enterprises; 
b)Expenses with sufficient legal invoices and vouchers as prescribed by law. 
c)Expenses for invoices of goods and services each time valued at VND 20 million or more (price inclusive of VAT) when payment must have non-cash payment documents. 
The promulgation of Official Letter No. 7623/CT-TTHT of Hanoi Tax Department shows that this is a regular activity of the agency, in order to support enterprises in solving problems and applying the law consistently tax.

New regulations on natural disaster prevention and control in the maritime field
Answered

On March 11, 2019, the Ministry of Transport issued Circular 10/2019/TT-BGTVT on regulations on natural disaster prevention and control in the maritime field. This Circular takes effect from May 1, 2019.
Accordingly, the management agency implementing the task of preventing natural disasters in the maritime field is Vietnam Maritime Administration; Agencies and units performing tasks of natural disaster prevention and combat are agencies and units attached to Vietnam Maritime Bureau and enterprises operating in the maritime field;
General tasks of agencies, units, organizations and individuals that carry out annual disaster prevention activities in the maritime field include:

  • Protect people; management and protection of maritime infrastructure, equipment, assets and facilities in service of natural disaster prevention and combat; Preventing the risk of damaging buildings;
  • Checking and assessing the safety level of the project should be protected, if it is found to be damaged or weak, it must be promptly handled. In case of exceeding their handling capacity, the inspection level must immediately report to the immediate superior agency before the rainy and storm season;
  • Organizing, participating in information, communication and education on natural disaster prevention and combat with organizations and individuals operating in the maritime field;
  • Formulating plans for natural disaster prevention and combat, including the following principal contents: Protecting natural disaster prevention and fighting projects and key projects; evacuation, protection of people, property, production protection; ensuring security, traffic, communication; coordinate and direct disaster prevention and response and search and rescue; human resources to respond to natural disasters; reserve of supplies, means, equipment and supplies;
  • Organize to inspect the implementation of natural disaster prevention and control tasks at units and subordinate divisions, especially the projects that are critical and critical;
  • Organize training and rehearsals on the operation of receiving and processing information on natural disaster prevention and combat;
  • Organizing activities of the shock force to prevent and combat natural disasters at agencies and units.

Circular 10/2019/TT-BGTVT on regulations on prevention and control of natural disasters in the maritime field was issued to replace Circular No. 29/2010/TT-BGTVT dated September 30, 2010 of the Minister of Transport transport regulations on prevention and fight against floods and storms in the maritime industry.

Conditions for granting certificates of registration of science and technology enterprises
Answered

On February 1st, 2019, the Government issued Decree No. 13/2019/ND-CP on science and technology enterprises. The Decree takes effect from March 20, 2019.
According to Clause 1, Article 6, Decree No. 13/2019/ND-CP stipulates that enterprises are granted certificates of science and technology enterprises when meeting the following conditions:
e)Established and operating under the Enterprise Law;
f)Being able to create or apply scientific and technological results which are evaluated, appraised and recognized by competent agencies according to the provisions of Clause 2, Article 7 of this Decree;
g)Having turnover from the production and trading of products formed from scientific and technological results, reaching a minimum rate of 30% of the total turnover.
h)Newly established enterprises under 5 years that meet the conditions specified at Points a and b, Clause 1 of this Article are certified as scientific and technological enterprises.
Thus, in addition to the conditions to establish a normal business, Decree No.13/2019/ND-CP stipulates that enterprises must ensure more specific conditions to be granted a certificate of science and technology.

Provisions on day-time inpatient treatment at traditional medical examination and treatment establishments promulgated by the Minister of Health
Answered

On March 1st, 2019, the Ministry of Health issued Circular No. 01/2019/TT-BYT providing for day-time inpatient treatment at traditional medical examination and treatment facilities by the Minister of Health. International issued. This Circular takes effect from April 15th, 2019.Accordingly, Article 3, Circular No. 01/2019/TT-BYT specifically regulates the criteria for daytime inpatient treatment as follows:

  1. Health status, pathology of patients who must be treated inpatient but not necessarily monitored and treated 24/24 hours at medical examination and treatment facility;
  2. Time to monitor and treat inpatient daytime for patients at least 4 hours / day at medical examination and treatment facilities;
  3. The pathological condition of the patient who can be treated as an outpatient is not applied for inpatient day treatment;
  4. For patients not residing in the same province or city where the medical examination and treatment facility is located, the patients may be given inpatient treatment or inpatient 24/24 hours.

The appointment of daytime inpatient treatment is decided by a doctor. Inpatient patients during the day are given daily clinical, subclinical visits or follow the appointment of the treating doctor and are entitled to inpatient, follow-up and care regimes during the daytime work.
Regulations on visits, medical examination and treatment activities play an important role in people’s life. The promulgation of Circular No. 09/2019/TT-BYT shows the concern and objectivity of state agencies that are responsible for ensuring fairness and equality in visits, medical examination and treatment activities.

Guidance for compulsory social insurance collection for foreign nationals working in Vietnam
Answered

On March 7th, 2019, Vietnam Social Insurance issued Official Letter No.679/BHXH-BT guiding the collection of compulsory social insurance for foreign citizens working in Vietnam effective on March 7th, 2019.
Accordingly, Official Letter No. 679/BHXH-BT has the following outstanding contents:

  • Employee who is foreign citizen working in Vietnam is subject to compulsory social insurance when he has a work permit or practice certificate or a practice license issued by a competent Vietnamese agency and have an indefinite term labor contract, labor contract with a term of one year or more with employers in Vietnam.
  • From January 1st, 2022, the above-mentioned foreign laborers pay 8% of the monthly salary to the retirement and death fund.

Thus, Official Letter No. 679/BHXH-BT has clearly defined the subjects of compulsory social insurance and the level of payment for foreign employee, ensuring consistency in the management of revenue sources of Social insurance fund.

Practice time for herb doctor to obtain certificates
Answered

On December 28th, 2018, the Ministry of Health issued Circular No. 47/2018/TT-BYT regulating the application of conditions on diplomas, certificates and professional practice to grant Traditional medicine certificates. The Circular takes effect from March 1st, 2019.
Accordingly, the Circular specifies Practice time for herb doctor to obtain certificates:

  • The practice time of the person in charge of professional operations of a traditional medicine wholesale and retail establishment is 01 year;
  • The duration of practice of the person in charge of professional knowledge of the pharmaceutical wholesale and retail establishment is 06 months;
  • The duration of practice of the person in charge of pharmaceutical expertise or in charge of quality assurance of business households and pharmaceutical production cooperatives is 01 year.

The promulgation of Circular No. 47/2018/TT-BYT regulates compulsory conditions for practitioners in the field of health to ensure the minimum criteria of subjects of wholesale Traditional medicine and the health safety for people.