On November 30, 2018, the State Bank of Vietnam issued Circular No. 29/2018/TT-NHNN guiding the certification and management of deposits of multi-level selling enterprises. This Circular takes effect from January 18, 2019.
Accordingly, Circular No. 29/2018/TT-NHNN provides the following main contents:
1. Procedures for depositing documents of enterprises
When there is a need to deposit at a commercial bank or a foreign bank’s branch, the enterprise and the escrow bank make a deposit contract.
The deposit contract includes the following main contents: Name, address, legal representative of the enterprise; name, address, legal representative of the bank (or bank branch) receiving the deposit; deposit amount; deposit purpose; deposit interest rate; form of payment of deposit interests; use deposit money; withdrawal of deposit; settlement of escrow accounts; responsibilities of related parties and other contents in accordance with the provisions of law.
Enterprises complete documents and procedures for opening escrow accounts under the guidance of the bank receiving the deposit and depositing the deposit amount into the escrow account as prescribed in Clause 2, Article 50 of Decree No. 40/2018/ND -CP of the Government on managing business activities by multi-level method (equivalent to 5% of charter capital but not less than VND 10 billion at a commercial bank or foreign bank branch in Vietnam).
After receiving the full amount of the deposit, the escrow bank shall account the deposit into the deposit account in Vietnam dong and issue a certificate of deposit to the enterprise.
If an enterprise changes its charter capital and needs to adjust the deposit amount, the escrow bank and the enterprise shall amend or supplement the deposit contract or sign a new and real deposit contract as prescribed.
The deposit interest rate is agreed by the two parties in the deposit contract between the enterprise and the bank receiving the deposit to ensure compliance with the regulations on interest rates of Vietnam dong deposits of the State Bank of Vietnam in each period.
2. Provisions on handling escrow money
Upon receiving documents from the Ministry of Industry and Trade requesting the deduction of deposit of enterprises to handle cases prescribed in Clause 1, Article 53 of Decree No. 40/2018/ND-CP, the receiving bank shall be extracting deposits for multi-level sale participants or according to sanctioning decisions of competent agencies. Specifically:
– Multi-level selling enterprises shall terminate multi-level sale activities according to regulations but fail to fulfill their obligations related to multi-level sale activities to multi-level sale participants and make decisions and copies. legally enforceable projects of competent authorities regarding the handling of disputes between multi-level selling enterprises and multi-level sales participants relating to such obligations;
– Enterprises terminate multi-level sale activities but fail to abide by decisions on sanctioning violations in multi-level sale activities already in force by competent agencies.
It can be seen that the Circular No. 29/2018/TT-NHNN is expected to improve management efficiency for multi-level sales activities, limiting the “appearance” of multi-level sales activities, contributing to rights and benefits for consumers.
On January 5, 2019, the Prime Minister of the Government issued Directive No. 01/CT-Ttg on strengthening the direction and speeding up restructuring, reorganizing, reforming and equitizing State capital in state-owned enterprises (SOEs) and enterprises with state capital. This directive takes effect from the date of issuance.
Accordingly, the Prime Minister pointed out the limitations, limitations in the restructuring, reorganization, equitization, and divestment in state-owned enterprises, and at the same time provide analysis of the causes. objective and subjective leads to these shortcomings and limitations. On that basis, the Prime Minister has assigned Ministers, Heads of Departments, Chairmen of People’s Committees of provinces and cities directly under the Central Government, leaders of corporations, corporations and SOEs to appreciate the responsibility of the standing people. First, focus on directing and well implementing the following key tasks and solutions:
– Expeditiously complete the system of mechanisms, policies and legal documents for the restructuring and divestment of SOEs;
– Ministries, branches, localities, economic groups, state-owned corporations and SOEs before January 15, 2019 completed the approval or submitted to the competent authorities for approval of the restructuring plan of enterprises under the sector management area;
– Review the land fund managed by SOEs to carry out the valuation of enterprises in accordance with the law;
– Strengthen inspection, supervision, auditing, avoid loss of assets and state capital in the process of capital divestment and restructuring in SOEs;
– Resolutely handle SOEs, loss-making and ineffective investment projects;
– Publicize information on equitization and divestment of state-owned enterprises.
It can be seen that, through the promulgation of Directive No. 01 / CT-Ttg, the Prime Minister is clearly showing his determination to continue restructuring, reorganizing, reforming and improving the efficiency of state enterprises thereby contributing to completing the socio-economic development plan for 2019.
On November 28, 2018, the Government issued Decree No. 159/2018/ND-CP on the management of dredging activities in seaport waters and inland waterways. This Decree takes effect from January 11, 2019
– Basic dredging projects in seaport waters and inland waterways must be evaluated for environmental impacts in accordance with the law on environmental protection;
– For maintenance projects and dredging works with the annual implemented volume, the assessment of environmental impacts or environmental protection plans is carried out on a yearly or seasonal basis period up to 5 years;
– The determination of the location of dumping ashore for dredging activities in the seaport waters must be reported to the provincial People’s Committee and approved;
– Basic dredging projects on inland waterways must be approved by the Ministry of Natural Resources and Environment or provincial-level People’s Committees according to the provisions of the law on water resources. In the case of basic dredging projects on inland waterways, dikes must also be consulted by provincial-level People’s Committees; for basic dredging projects in inland waterways with dykes from grade III to special grade or in areas from 02 or more provinces, to consult the Ministry of Agriculture and Rural Development before being approved browse the project.
It can be seen, Decree No. 159/2018/ND-CP has detailed instructions on the assessment of environmental impacts when implementing dredging activities in seaport waters, thereby contributing to ensuring security. all marine, maritime security, inland waterway order and safety, prevention of environmental pollution, safety of residential communities, dike, irrigation, and disaster prevention systems.
On 08/01/2019, Prime Minister promulgated the Decision No. 02/2019/QĐ-TTg amending the Decision No. 11/2017/QĐ-TTg on the incentive mechanism to develop solar power projects in Vietnam. This Decision took effect from the issued date.
Accordingly, the incentive mechanism to develop solar power projects in Vietnam is amended under Decision No. 02/2019/QĐ-TTg as follows:
Regarding electricity prices for projects on the roof:
– The projects on the roof have implemented the mechanism the mechanism of electricity trading according to the direction of delivery and separate receipt of electricity meters. The electricity seller makes payment of electricity received from the grid according to current regulations. The electricity buyer shall pay the electricity volume from the project on the roof to the grid with the electricity purchase and sale price as prescribed. The parties have responsibility for conducting current regulations of Law about taxes and fee.
– The purchase and sale price of electricity for the project on the roof for the following year is determined on the basis of 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 same year ago.
For the responsibility of State management agency namely Ministry of Industry and Trade is adjusted as follows:
– Promulgating technical regulations on solar power, regulations on connection, measuring electricity for solar power projects and guiding procedures for connecting and installing meters of solar power projects on the roof
– Guidelines for calculating electricity bill payments for solar power projects according to the fluctuation of Vietnam dong against the US dollar.
Therefore, Decision No. 02/2019/QĐ-TTg has adjustments that are more suitable with the current society and economy. Besides, the adjustment of management mechanism also contributes to the management of state agencies become clearer and more convenient.
On November 20, 2018, the National Assembly enacted Law No. 35/2018/QH14 amending and supplementing a number of Articles of 37 Laws related to planning 2018. The Law takes effect from January 1, 2019.
Accordingly, Law No. 35/2018/QH14 stipulates the principles of land use planning and planning must comply with the law on planning and the following principles:
– National land use planning must ensure the specificity and association of regions; District-level land use planning must reflect the contents of commune-level use;
– Strict protection of land specializing in rice cultivation, protective forest land, special-use forest land;
– Ensuring the balance between the demand for land use of sectors, sectors, localities and national land availability and capability in order to use land economically and effectively;
– Rational exploitation of natural resources; adapting to climate change;
– The contents of land allocation and use in the national planning, regional and provincial planning must comply with the national land use planning.
In addition, the Law stipulates that land use planning must comply with the following principles:
– Consistent with the strategy, plans for socio-economic development, defense and security;
– The land use plan must conform to the land use planning of the same level already approved by a competent state agency; for provincial-level land use plans, they must be compatible with land allocation and zoning plans in the provincial plannings;
– Using land economically and effectively;
– Rational exploitation of natural resources and environmental protection; adapting to climate change;
– Protecting and embellishing historical-cultural relics and scenic spots;
– Plans of branches, domains, and localities with land use must ensure compatibility with land use plannings and plan already decided and approved by competent state agencies.
Thus, the addition of the principle of land use planning is an important legal basis for state agencies in approving the appraisal of suitability to the social and environmental economics in the current situation.
On November 24, 2017, the National Assembly passed the 2017 Planning Law, regulating the formulation, appraisal, decision or approval, publication, implementation, evaluation and adjustment of planning in the national planning system. family; State management responsibility for planning. This law takes effect from January 1, 2019.
Accordingly, the 2017 Planning Law regulates the announcement of planning, specifically:
Within 15 days after the planning date is decided or approved by a competent agency, the entire contents of the planning must be publicly announced, except for contents related to state secrets according to regulations. of the law on protection of state secrets.
The announcement of planning contents is carried out in the forms posted on the website of the planning organization, planning agency, on a regular and continuous basis. Besides, planning can be published in some of the following forms:
• Information on mass media;
• Display models, system diagrams, maps, the database system of planning;
• Organizing conferences and seminars;
• Publishing publications.
Regarding the organization of planning announcement, the 2017 Planning Law stipulates responsibilities for each competent agency, as follows:
• Ministry of Planning and Investment organizes the announcement of the national master plan, regional planning.
• Ministry of Natural Resources and Environment organizes the announcement of national maritime spatial planning and national land use planning.
• Ministries and ministerial-level agencies organize the announcement of the national sector planning under the authority of organizing.
• Provincial People’s Committee organizes the announcement of provincial plans.
In general, the adoption of the 2017 Planning Law has shown our State’s efforts in renewing management methods related to national planning issues. In particular, the publication of the planning content has shown the right lines and strong motto of our Party, which are: “People know, people discuss, people do, people check”, the purpose of strengthening opinions, people’s reflection on national issues, thereby contributing to building people’s democracy in the country’s renewal process.
On June 12, 2018, the National Assembly passed the Law on Denunciation 2017 stipulating denunciations and settling denunciations against law violations in the performance of tasks, public duties, and law violations. other state management in the fields; protect whistleblowers; responsibilities of agencies and organizations in managing the settlement of denunciations. The 2017 Denunciation Act takes effect on January 1, 2019.
One of the highlights of the 2017 Denunciation Law is the provision of anonymous and specific handling of denunciations:
When receiving information denouncing but not clearly the name and address of the denunciator or through inspection or verification, it is impossible to identify the accuser or accuser who uses the name of another person to denounce. or information with denunciation content is reflected not in accordance with the law, but the clear content of the person who violates the law, specific documents and evidence on the act of law violation is clearly met. laws and have grounds for verification and verification, receiving agencies, organizations and individuals conduct inspection and examination according to their competence or transfer to competent agencies, organizations or individuals to conduct inspection and examination for management.
Anonymous statements are handled according to the following process:
1. Competent agencies shall receive and process information with denunciations;
2. If the denunciation contents have grounds to determine the violator, the act of law violation, conduct the denunciation;
3. In the course of studying and handling cases, the denunciators shall conduct the verification or assign the inspection agencies of the same level or other agencies, organizations or individuals to verify the denunciation contents;
4. At the end of the verification of denunciation contents, the denunciators must issue conclusions on the denunciation contents, on the basis of the denunciation contents and the denunciation contents verification results and documents and evidence. relate to;
5. Finally, the denunciator resolves the handling measures based on the conclusion of the denunciation content.
In summary, the promulgation of the 2017 Denunciation Law has shown that the Party’s and State’s determination and efforts in fighting violations of law are increasing in today’s society. In addition, the regulations on handling accusations are anonymously showing the guarantee of interests and encouragement from the State, encouraging the subjects to boldly fight and take acts breaking the law to light, to maintain social order and safety.
On June 12, 2018, at the 5th Session of the National Assembly of the Socialist Republic of Vietnam, XIV passed the Law on Network Security No. 24/2018/QH14 (Law on Network Security), which takes effect, from 01/01/2019.
The Network Security Law consists of 7 chapters, 43 articles, specifically as follows:
Chapter I. General provisions, including 9 articles (from Article 1 to Article 9), regulations on scope of adjustment; word explanation; State policies on network security; principles of network security protection; network security protection measures; protecting national cyberspace; international cooperation on network security; strictly prohibited acts on network security; handling violations of network security.
Chapter II. Protection of network security for important national security information systems, including 6 articles (from Article 10 to Article 15), regulations on important national security information systems; assessing network security for important national security information systems; assess network security conditions for important national security information systems; network security check for important national security information system; network security monitoring for important national security information systems; responding to and troubleshooting network security problems for important national security information systems.
Chapter III. Preventing and dealing with violations of network security, including 7 articles (from Article 16 to Article 22), regulations on prevention and processing of information on cyberspace with contents to propagandize against the State Republic Vietnamese Association; inciting violence, disturbing security, disturbing public order; humiliation and slander; infringing on economic management order; network spy prevention; protect information of state secrets, business secrets, business secrets, personal secrets, family secrets and private lives on cyberspace; to prevent and combat acts of using cyberspace, information technology and electronic means to violate the laws on national security, social order and safety; network attack and prevention; cyber terrorism prevention; prevent and handle dangerous situations of network security; fight for network security protection.
Chapter IV. Activities to protect network security, including 7 articles (from Article 23 to Article 29), regulations on deploying network security protection activities in state agencies and political organizations at central and local levels; network security check for information systems of agencies and organizations not on the list of important national security information systems; protecting network security for national cyberspace infrastructure, international network gateways; ensure information security on cyberspace; research and development of network security; improve autonomy in network security; Protect children on cyberspace.
Chapter V. Ensuring network security protection activities, including 6 articles (from Article 30 to Article 35), regulations on network security protection forces; ensure human resources to protect network security; recruitment, training and development of network security protection forces; educate and foster network security knowledge and operations; disseminating knowledge about network security; network security protection.
Chapter VI. Responsibilities of agencies, organizations, and individuals, including 7 articles (from Article 36 to Article 42), stipulating responsibilities of the Ministry of Public Security; responsibilities of the Ministry of Defense; responsibilities of the Ministry of Information and Communications; responsibilities of the Government Cipher Committee; responsibilities of ministries, branches and provincial People’s Committees; the responsibility of an enterprise providing cyberspace services; responsibilities of cyber agencies, organizations and individuals.
Chapter VII. Implementation provisions, with one article (Article 43), regulations on enforcement.
The National Assembly promulgates the Law on Network Security to perfect the legal basis to protect the sovereignty, interests, national security, legitimate rights and interests of organizations and individuals participating in cyberspace; building a healthy cyberspace environment; deploying network security work nationwide, stepping up the supervision, forecasting, response and rehearsal of network security incidents, protecting important national security information systems; ensuring the effectiveness of state management in this area; improve autonomy in network security, perfect policies to research, develop strategies, share information on network security.
On November 16, 2018, the Government issued Decree 157/2018/ND-CP stipulating the regional minimum wage for laborers working under labor contracts. This Decree takes effect from January 1, 2019.
According to this Decree, from January 1, 2019, the regional minimum wage is set as follows:
– The level of VND 4.18 million/month applies to enterprises operating in the area of Region I;
– The level of 3.71 million VND/month applies to enterprises operating in the area of Region II;
– The level of VND 3.25 million/month applies to enterprises operating in the area of Region III;
– The level of VND 2.92 million/month applies to enterprises operating in Region IV.
Compared to 2018, the regional minimum wage increased from VND 160,000 / month – VND 200,000 / month.
The Government stipulates the regional minimum wage applied from 01/01/2019 to increase from VND 160,000/month – VND 200,000/month compared to 2018, serving as a basis for businesses and workers to agree and pay salaries labor.
