On November 22, 2018, the State Bank of Vietnam issued Circular No. 27/2018/TT-NHNN regulating cases of the blockade, termination of a blockade of capital and assets of foreign bank branches. This Circular takes effect from January 10, 2019.
Accordingly, the Circular No. 27/2018 / TT-NHNN has noticeable new provisions as follows:
1. Regarding cases of the blockade of capital and assets
The State Bank considers and decides to blockade the capital and assets of foreign bank branches in the following cases:
– The real value of the allocated capital of a foreign bank branch is lower than the legal capital level which is continuously exceeding 06 months.
– Violation of the safety assurance ratio in banking activities prescribed in Article 130 of the Law on Credit Institutions and the State Bank has issued a written request for remedial action but has no remedial measures or cannot overcome it. within the time limit requested by the State Bank.
– The accumulated loss amount of a foreign bank branch is greater than 50% of the value of the allocated capital and reserve funds recorded in the latest audited financial statement.
– The State Bank has requested but the parent bank does not comply with the committed obligations for the branch operating in Vietnam.
– When there is information about the parent bank showing signs of insolvency, insolvency or being placed under special control by a competent authority of the home country or required to be dissolved, liquidation, bankruptcy, or withdrawal of establishment and operation licenses.
2. Cases of termination of the blockade of capital and assets
The State Bank considers and decides to terminate the blockade of capital and assets of foreign bank branches in the following cases: 1. A foreign bank branch has overcome the violations and exists. 2. The parent bank has correctly performed its committed obligations to the foreign bank branch at the request of the State Bank. 3. The State Bank receives information from the competent authority of the country of origin that the parent bank has overcome problems.
It can be seen that the Circular No. 27/2018/ TT-NHNN is expected to be more detailed on the blockade, termination of the blockade of capital and assets of foreign bank branches, thereby contributing to ensuring It is said that these activities are open, transparent and better protect the interests of depositors.
On December 5, 2018, the Ministry of Finance issued Circular No. 119/2018/TT-BTC regulating the implementation of the State budget estimate for 2019. This Circular takes effect from the 20th. January 1, 2019.
Accordingly, the Ministry of Finance noted the organization to implement a number of contents to ensure the increase in budget letter sources such as effective implementation of tax regulations; continue to improve the business environment, improve national competitiveness; effectively implement the Law on Small and Medium Enterprise Support; strengthening monitoring, inspection and control activities in the field of tax and customs; fully and promptly implementing the Law on Public Property Management.
In addition, one of the important tasks to be implemented in 2019 is to implement a mechanism to generate revenue to implement the salary and allowance regime in 2019. In order to realize the goal of raising the base salary to VND 1.49 million / month since July 1, 2019, the Ministry of Finance has clearly defined the tasks of ministries, central agencies and provincial and municipal People’s Committees with the task of saving 10% Regular expenditure estimates to create wage reform sources. After balancing revenue sources, localities actively use the remainder of salary reforms to implement social security policies and regimes.
It can be seen that, with the Circular No. 119/2018 / TT-BTC issued, the Ministry of Finance is expressing its determination in implementing the tasks in the socio-economic development plan and home budget estimation. Water is proposed by the Prime Minister for 2019.
On November 30, 2018, the Ministry of Health issued Circular No. 38/2018/TT-BYT guiding the emulation and reward in the health sector. This Circular takes effect from January 21, 2019.
Accordingly, the content, objects, principles of emulation and commendation; organize the emulation movement; title and standards of emulation titles; forms and standards of reward; decision competence, route of submission, procedures for requesting recognition of emulation titles, forms of reward and organization of awards; Emulation and commendation council and the Council of initiatives; Emulation and reward fund in the health sector will be implemented in accordance with the provisions of Circular No. 38/2018 / TT-BYT.
One of the important differences between this Circular and Circular No. 20/2011 / TT-BYT is that the Ministry of Health has added two regulations on awarding medals: “For human health People “and” For the cause of the population “. Medal “For the people’s health” was awarded to recognize the contributions of organizations and individuals in the prevention of dangerous diseases such as Lao, Phong, HIV / AIDS. And the medal “For the cause of the population” was awarded to recognize the contributions to the population of organizations and individuals working in population work.
It can be seen, with the issuance of Circular No. 38/2018/TT-BYT, showing the timely innovation of the Ministry of Health in emulation and commendation activities, help assess and recognize worthy achievements, contributions from individuals and organizations operating in the health sector.
On January 21, 2019, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 04/2019/TT-BLDTBXH guiding the management of labor, wages, remuneration and bonuses for the Fund. credit for small and medium enterprises. This Circular takes effect from March 8, 2019.
Accordingly, Circular No. 04/2019/TT-BLĐTBXH stipulates some outstanding contents related to the Guidance on the management of labor, salary, remuneration, and bonuses for credit guarantee funds for Small and medium enterprises for employees, specifically:
Regarding the salary scale, payroll and salary allowance, the credit guarantee fund are built based on the provisions in:
1. Article 93 of the 2012 Labor Code;
2. Decree No. 49/2013 / ND-CP dated May 14, 2013, of the Government;
3. Circular No. 17/2015 / TT-BLĐTBXH dated April 22, 2015, of the Ministry of Labor, War Invalids and Social Affairs.
Related to labor management, determination of salary fund, the advance of salary fund, distribution of salaries and bonuses.
1. Credit guarantee funds shall perform labor management, determine plan salary funds, wage funds for implementation, advance and distribution of salaries and bonuses to laborers according to the provisions of Section 2; Articles 9, 10, 13, Section 3 and Section 4 of Circular No. 26/2016 / TT-BLĐTBXH dated September 1, 2016 of the Ministry of Labor, War Invalids and Social Affairs
2. At the same time, when determining the average wage level, the average wage level for calculating the plan salary fund and wage fund shall be based on Article 9 and Article 14 of Circular No. 26 / 2016 / TT-BLĐTBXH, the profit target (planned profit, realized profit in the year and implementation profit of the previous year) is calculated by the difference between the total income and the total expenditure charge (hereinafter referred to as the revenue-expenditure difference) of the Credit Guarantee Fund.
Thus, the Circular 04/2019 / TT-BLĐTBXH issued has shown the State’s interest in enterprises in managing labor, wages, remuneration and bonuses for the Guarantee Fund. credit, clearly identify the financial management mechanism in the enterprise, thereby maximizing the rights and interests of workers, enhancing democracy and transparency in the operation of enterprises.
On 11/15/2018, the Ministry of Natural Resources and Environment issued Circular No. 23/2018/TT-BTNMT regulating the organization of determining, appraising and approving the results of determining the cost of the mineral potential assessment. minerals and exploration costs must be reimbursed by the State for investment. This Circular takes effect from August 8, 2019.
Accordingly, the determination of the cost of mineral potential assessment and mineral exploration costs to be returned by the State has been invested in the following process:
(1) Collect data and documents:
Collect reports and assess mineral potentials; reports on property exploration; decisions approving mineral reserves; results of conversion of mineral reserves; mineral exploration and exploitation permits;
(2) Actual survey
– Check the actual accuracy of the location of the constructed geological works, factors related to the construction conditions of geological works;
– Check mineral status;
– At the end of the survey, the unit determines the reimbursement cost to make the actual survey minutes.
(3) The unit of reimbursement of expenses for reimbursement shall make a report on the results of determining the potential for mineral prospecting and the cost of mineral exploration to be returned to the State for investment;
(4) Technical meeting to review the legal basis, method of determining reimbursement costs; the volume of geological work items, the application of economic-technical norms, unit prices and mineral reserves;
(5) Council meeting to evaluate results of determination of reimbursement costs;
(6) Submit to the competent State management agency to approve the results of determining reimbursement costs;
(7) Notice of results of determination of reimbursement costs.
Thus, it can be seen that this regulation will effectively guide the State management agencies and non-business units to determine, collect, manage and use the reimbursement of assessment costs. mineral potential, mineral exploration costs of the State. At the same time, expressing the State’s interest in the field of exploration and potential assessment and strict management of mineral exploitation, limiting indiscriminate exploitation, leading to depletion of the nation’s mineral resources.
On December 10, 2018, the Ministry of Finance issued Circular No. 120/218 / TT-BTC regulating the level of return on equity of investors, payment of the State’s investment capital involved. implementing projects and settling projects of projects completed in the form of public-private partnerships under the project on building a number of expressway sections on the North-South route in the East in the period of 2017-2020. enforcement force from January 23, 2019.
Accordingly, the management of payment of the investment portion of the foreign investor participating in the PPP project is stipulated as follows:
– For the public investment capital allocated to work items performed by state agencies, the management and payment shall comply with the regulations on the management and payment of investment capital belonging to the state budget capital source.
– For the part of the State’s investment which partly supports the cost of construction, the State will make payment for the value of the completed volume after the investor has disbursed 50% of the equity. Ownership and eligibility for loan disbursement ensure the following rules:
+ The parallel payment according to the ratio of the State’s investment capital, commercial loans, and investors’ equity must be specified in the project contract between the competent State agency. and investors.
+ The payment in accordance with the volume and value of completed construction has been checked and accepted and ensured within the scope of the medium-term public investment plan and the annual state budget capital source approved by the competent authority. approval to implement PPP projects.
– The allocation and inspection of public investment capital allocation to support the construction cost portion shall comply with the regulations on the management and payment of investment capital belonging to the state budget capital source.
Thus, through clear regulations on the payment and management of the State’s investment capital involved in project implementation and final settlement of project works in the form of public-private partnerships of the Project. construction of a number of expressway sections on the North-South route in the East in the period of 2017-2020 will help the management of state agencies be easy, transparent and investors also have a basis of obligations. His must perform.
On November 29, 2018, the Government issued Decree No. 161/2018/ND-CP amending and supplementing a number of regulations on the recruitment of civil servants and public servants, promotion of civil servants, promotion of officials and implement a contract regime for some types of work in state administrative agencies and public non-business units. This Decree takes effect from January 15, 2019.
Accordingly, Decree No. 161/2018 / ND-CP has made notable changes as follows:
1. Do not distinguish diplomas when recruiting civil servants and officials
Agencies using public servants and officials are entitled to determine the conditions for recruiting civil servants and civil servants as required by the candidate position, but must not distinguish the type of training, diploma, certificate, school public, non-public schools.
Thereby, there will be no longer a distinction between regular and in-service diploma, diploma 2, distance education … when recruiting civil servants and officials.
2. Priority scores in recruitment exams for civil servants and public employees
According to Decree No. 161/2018 / ND-CP, a number of subjects of civil servant examination and civil servants are no longer entitled to many priority points as before.
Specifically, if before, war invalids, beneficiaries of policies such as war invalids, Hero of Labor … are allowed to add 30 points to the examination or admission, then now, only 7.5 points will be added to the exam results. Round 2. Similarly, ethnic minority people, army officers and police officers; Professional soldiers, war invalids, martyrs can only add 5 points to the second round result, instead of 20 points to the total score.
3. Being allowed to sign 02 times of a definite contract with officials
Decree No. 161/2018 / ND-CP stipulates in details about the work contract of officials.
Accordingly, public employees recruited into public service units must sign contracts to work for the first time from full 12 months to 36 months. After the expiry of this time limit, the head of the public non-business unit shall consider and decide to sign a contract for determining a term or an indefinite term or terminate the work contract. If signing a contract for a definite term, after the expiry of the contract, the head of the unit must consider signing a contract with indefinite term or terminate the contract.
Thus, it can be seen that Decree No. 161/2018 / ND-CP has made timely and practical adjustments, consistent with the policy of fairness, publicity, transparency and efficiency of the State in operation. recruitment examinations, recruitment of civil servants and officials, thereby contributing significantly to the construction of a contingent of truly qualified civil servants, especially in the new development period with many challenges of the country. like nowadays.
On November 30, 2018, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 21/2018/TT-BLDTBXH defining criteria for identifying high-quality programs at intermediate and college levels. This Circular takes effect from January 15, 2019.
Accordingly, a high-quality training program must fully meet the regulations for a regular training program developed in accordance with the Circular No. 03/2017 / TT-BLĐTBXH dated 1/3/2017. of the Minister of Labor – Invalids and Social Affairs and meets the following criteria:
1. Having the output standards higher than the output standards of the regular training programs on professional knowledge, skills and professional qualities;
2. Language proficiency of learners upon graduation must reach level 4/6 for foreign language and cultural groups according to Vietnam’s Foreign Language Competency Framework or equivalent; reach level 2/6 at intermediate level, level 3/6 at college level for other groups and professions;
3. The information technology capability of learners of non-IT industry and business lines must reach the minimum standard of information technology skills according to the regulations of the Ministry of Information and The media;
4. For transfer programs, joint training programs with foreign countries, ordered training programs of enterprises meeting the criteria specified in this Circular, they are recognized as quality training programs. High quality.
In addition, this Circular also stipulates that teachers of high quality programs must meet professional standards and pedagogical standards for each training discipline according to current regulations. Teachers teach the contents of basic knowledge and professional content must have a university degree or higher for intermediate and master’s training for college training and in line with the profession and profession. teach. Teachers guide and teach practical and practical contents, must have practical experience in the field of training for 3 years or more. Teachers teaching foreign language content in high quality programs must have a minimum level of foreign language at level 4/6 according to the Vietnamese Language Competency Framework or equivalent.
Thus, Circular No. 21/2018 / TT-BLDTBXH has provided detailed and specific guidelines on criteria for determining high quality programs at intermediate and college levels, thereby creating the basis for teaching and learning activities are appropriate, effective and quality.
