On 30, November 2018, based on the content of the meeting about implementation of the national one-stop-shop (OSS) mechanism, ASEAN one-stop-shop mechanism and the specialized inspection of the Ministry of Transport (MoT). The Government Office issued Notice No. 442/TB-VPCP announcing the conclusions of the Deputy Prime Minister
Accordingly, The Deputy Prime Minister recognizes the positive results that the Ministry of Transport achieved such as building and implementing 82/87 administrative procedures to participate in the one-stop-shop; reducing 80/134 list of product for specialized inspection. However, the Deputy Prime Minister noted that the immediate service should focus on implementation as the comprehensive reforming of specialized inspection of imports and exports in the direction of transparent; reviewing the specialized law, propose amendments and supplements to ensure the achievement of the objectives by 2020, all administrative formalities for export, import, exit, entry, and transit shall be carried out through the OSS as a public service level 4.
In particular, the Deputy Prime Minister assigned the MoT to coordinate with other Ministries to review and submit to the Government to consider the amendment of Decree No. 116/2017/ND-CP on conditions of production, assembly import and business warranty service, car maintenance.
With the issuance of Notice No. 442, the Government and Ministry of Transport are expressing determination to create favorable conditions for enterprises to develop through the implementation of the OSS mechanism.
On 30/11/2018, The National Steering Committee for Combating Smuggling, Commercial Fraud and Counterfeiting issued the Document No. 454/KH-BCĐ389 on high-level anti-smuggling, trade fraud and counterfeit schemes before, during and after the Lunar New Year 2019. This Document takes effect from the date of its promulgation.
Accordingly, Document No. 454/KH-BCĐ389 has guidelines on the fight against smuggling, fraud and counterfeit, as follows:
– Identification of routes, geographical areas, and goods. Strengthening control at land, sea, and airports; roads, openings, border areas, border gate economic zones, cargo gathering areas near the border, wholesale markets, trade centers, roads, railways, seaway, domestic airport, etc.;
– To work out plans on organizing forces and means to intensify the inspection and control of the border, border and inland areas, focusing on commodities: drugs, firearms, firecrackers, foreign currencies, gasoline, and many items consumed during Tet-like food, cattle, poultry, wine, beer, cigarettes, confectionery, cosmetics, high fashion, etc. ensure market stability.
– To actively organize inter-branch missions to inspect, supervise and urge the functional forces; To direct and coordinate the work of the forces in the fight against smuggling, trade frauds, and counterfeit goods according to the fields and geographical areas in charge.
It can be seen that Document No. 454/KH-BCĐ389 promulgated will enhance the national spirit of anti-smuggling, trade frauds, and counterfeit goods during the peak of goods consumption on the occasion of Lunar New Year 2019 throughout the territory of Vietnam, thereby ensuring the interests of the people, as well as the control of security and social order.
On 01/11/2018, The Prime Minister issued Decision No. 43/2018/QĐ-TTg issues the system of Vietnamese products. This Decision takes effect on 20/12/2018.
Accordingly, system catalog consists of 07 levels are correspondingly encoded as follows:
– Level 1 contains 21 product categories that are encoded in alphabetical order from A to U;
– Level 2 includes the product sectors where each sector is encrypted by two numbers in each primary sector respectively;
– Level 3 includes the product sectors where each sector is encrypted by three numbers for each secondary sector respectively;
– Level 4 consists of product sectors where each sector is encrypted by four numbers in each of the corresponding tertiary industries;
– Level 5 includes the product sectors where each industry is encoded by five numbers in each of the corresponding 4 levels;
– Level 6 consists of product groups encoded by six numbers for each level 5 respectively;
– Level 7 consists of products coded in seven numbers for each level 6 respectively.
It can be seen that since the sectoral system is based on the economic sector, the issuance of a new product line system is in line with the economic sector system issued on July 6, 2018, at the same time, it contributes to the development of a system of detailed and specific product lines, meeting the development process of the market, developing more specialized and diversified as currently.
On 30/11/2018, The State Bank of Vietnam has issued Circular No 28/2018/TT-NHNN amending and supplementing a number of articles of Circular No. 40/2011/TT-NHNN on 15/12/2011 of the Governor of the State Bank of Vietnam provides for the licensing and organization of operation of commercial banks, foreign bank branches, representative offices of foreign credit institutions and others foreign organizations have banking operations in Vietnam. This Circular takes effect on 15/01/2019.
Circular No. 28/2018/TT-NHNN amending and supplementing regulations on dossiers of application for establishment licenses and organization of operation of foreign commercial banks. Accordingly, the files of the founding shareholders include:
a) For individuals;
(i) Share purchase application for individuals;
(ii) Table of the declaration of related persons;
(iii) Apart from the mentioned above components, the founding shareholders must also have the following documents:
– Curriculum vitae as prescribed; The judicial record shall be issued by the agency managing the judicial record database, which must contain complete information on the criminal records (including previous criminal convictions and previous criminal convictions). Information on the ban on holding posts, establishment, management of enterprises, cooperatives;
The judicial record must be issued by the competent authority no later than 06 (six) months prior to the date of submission of the application file;
– The financial report of three consecutive years preceding the year of submission of the dossiers of application for licenses of enterprises shall be managed by founding shareholders or copies of university degrees or postgraduate degrees in economics or law.;
– A list of assets valued at VND 100 million or more, debts and documents relating to the individual.
Thus, Circular number 28/2018/TT-NHNN amending and supplementing of the operation of the management, control and administration apparatus of the foreign commercial banks in the dossiers of application for licenses shall be amended and supplemented in a detailed, specific and clearer manner on establishment and organization of activities. Thereby contributing to improving quality as well as reducing risks in the management of commercial banks in particular and foreign credit institutions in general.
On 04/12/2018, The Government issued Decree No. 163/2018/NĐ-CP regulation on the issuance of corporate bonds. This Decree shall take effect from 01/02/2019.
Accordingly, Decree No. 163/2018/NĐ-CP has new and noticeable content as follows:
Supplement to the definition of “Green corporate bonds”:
Corporate bonds are corporate bonds issued to invest in environmental protection projects in accordance with the Law on Environmental Protection.
Abolish some conditions when issuing bonds:
The conditions for issuing non-convertible bonds in the country no longer require the results of production and business activities of the year preceding the issuance year to be profitable (according to financial reports).
The specific procedure for issuance of bonds:
+ Step 1: The Enterprise releasing bonds prepares the bond issuance dossier;
+ Step 2: The issuing enterprise announces the information before the issuance;
+ Step 3: The issuing enterprise issue bonds;
+ Step 4: Issuing enterprises shall publicize information on bond issuance results and issuance result reports;
+ Step 5: The issuing enterprise shall conduct bond custody;
+ Step 6: The issuing enterprise carries out payment of bond principal and interest;
+ Bước 7: Issuing enterprises shall disclose information and make periodical reports from the completion of the bond issuance to the maturity of bonds.
In addition, this decree stipulates that bonds must be registered and deposited at authorized custody organizations and no longer be deposited at credit institutions as currently prescribed.
From day 01/02/2019, Enterprises issuing bonds under Decree No. 90/2011/NĐ-CP must be disclosed information in accordance with Article 24, 25, 26 and custody in accordance with Article 16 of Decree No. 163/2018/NĐ-CP.
Can be seen that Decree No. 163/2018/NĐ-CP has detailed process of procedures for issuing corporate bonds compare with the Decree 90/2011/NĐ-CP, this helps to make the process of implementation of the enterprise more specific and clear while contributing to the management process of the State in this field is more synchronous and accurate.
On 15/10/2018, the Ministry of Culture, Sports and Tourism issued Circular No. 33/2018/TT-BVHTTDL regulating the library activities and circulation of documents. This Circular takes effect on December 1, 2018.
Accordingly, the Circular No. 33/2018/TT-BVHTTDL regulating the library activities and circulation of documents; Responsibilities of organizations and individuals involved in the operation of the mobile library and circulation of documents. Objects of application are libraries and organizations and individuals engaged in mobile library activities and circulation of documents.
In addition, this Circular also stipulates that mobile library and circulation of documents must comply with certain principles: To abide by the library rules and procedures as well as the relevant law provisions; ensure the safety of people and property of the library; Active, timely, flexible; Ensuring access to materials, building reading spaces, serving the needs of learning, research and recreation for all audiences, especially children, the elderly and people with disabilities; To apply information technology and electronic library services to improve the quality and meet the needs of users; There is a synergy between the library and related agencies to share and promote the efficiency of resources and utilities for users.
Thus, through the provisions of Circular No. 33/2018/TT-BVHTTDL, the Ministry of Culture, Sports and Tourism has specific guidance on library activities and circulation of documents, through This contributes to facilitate the implementation of these activities by individuals and organizations in a timely, accurate manner, ensuring confidentiality and at the same time contributing to enhancing the effectiveness of state management in this field.
On 15/10/2018, the Ministry of Information and Communications has issued Circular No. 12/2018/TT-BTTTT on the maximum rate of universal postal service. This Circular takes effect on December 1, 2018.
Accordingly, Circular No. 12/2018/TT-BTTTT regulates the maximum rate of universal postal service as follows:
1. Regulations on the maximum rate of basic mail service in the country:
– Volume up to 20g, maximum charge of 4,000 VND;
– The volume is over 20g to 100g, the maximum charge is 6,000 VND;
– The volume is over 100g to 250g, the maximum charge is 8,000 VND;
– Each next 250g to 2,000g, the maximum charge of 2,000 VND.
2. Regulations on the maximum rate of basic mail service from Vietnam to other countries:
No. Mass The maximum price rate (VND)
Area 1 Area 2 Area 3 Area 4
1 To 20g 15.000 19.000 21.000 23.000
2 From over 20g to 100g 37.000 46.000 59.000 63.000
3 Form over 100g to 250g 90.000 109.000 140.000 155.000
4 Each next 250g to 2.000g84.000 115.000 136.000 136.000
Besides, this Circular also stipulates that the Information and Communication Department of the provinces and centrally-run cities shall have to inspect and supervise the application of universal postal service charges in the localities. The Ministry of Information and Communications shall assign Vietnam Post Corporation:
– To decide on universal postal service charges to be no higher than the above-said maximum charge rates;
– Report the Department on service charges 30 days before service launch;
– Posting and publicizing universal postal service charges according to regulations.
Thus, it can be seen that Circular 12/2018/TT-BTTTT has detailed and specific regulations on the new tariffs for maximum universal postal services, thus creating the basis for implementation. Accurately, quickly and legally for activities in this field.
On 21/09/2018, the Supreme People’s Court issued Circular No. 02/2018/TT-TANDTC detailing the adjudication of criminal cases involving persons participating in the proceedings who are under 18 years of age. in Family Court and Minors. This Circular takes effect on December 1, 2018.
As of December 1, 1818, the adjudication of criminal cases involving persons in the process of being under 18 years of age shall be carried out as follows:
– Cases of very serious or particularly serious crimes may be tried in criminal trial, sexual assault, violence or trafficking cases will have to conduct a closed trial. Other cases will be handled in a friendly courtroom;
– The great object could not be treated with the following users with the family suffers as the 18 under age;
– Judges and people’s jurors who are assigned to solve the cases must be persons who have been fostered or trained in psychology or science education for persons under 18 years of age;
– The defendant, the accused and the victim in a criminal case, if the person is under 18 years of age, must have the participation of a defense counsels, defenders of legitimate rights and interests; The court shall request the bar association to assign the lawyer to participate in the defense or defense of persons participating in the proceedings who are under 18 years of age.
Thus, with the promulgation of the Circular No. 02/2018/TT-TANDTC, the Supreme People’s Court has provided important guidance to the People’s Courts at all levels, thereby contributing to ensuring the legal Persons participating in the proceedings are persons under 18 years of age in the course of adjudicating criminal cases.
On November 26, the Supreme People’s Court issued the Official Letter No. 254/TANDTC-PC on the withdrawal of the request from the person requesting the prosecution of a criminal case in accordance with Article 155 of the Code of Civil Procedure. Criminal in 2015. This Official Letter comes into effect from the date of its issuance.
Accordingly, the Supreme People’s Court has guided the People’s Courts, the Military Courts at all levels and units of the Supreme People’s Court to handle the withdrawal of requests for criminal proceedings. Provisions of Item 2 of Article 155 of the Criminal Procedure Code 2015m as follows:
– At the trial stage of first instance: Persons who have requested the prosecution of criminal cases to withdraw their requests before the opening of the first-instance court sessions, the Judge presiding judges shall base themselves on Article 45, Point a, paragraph 1, Article 282 of the Criminal Procedure Code, to suspend the case; If the person who has requested the prosecution of a criminal case withdraws the request at the trial, the Trial Panel or the Judge presiding over the trial shall proceed according to the abridged procedures, based on Clause 2, Article 155, Article 299 of the Code. Criminal Procedure in 2015 issued a decision to suspend the case;
– If, after the conclusion of the first-instance trial, the time limit for the appeal or protest is still the same, the person requesting the institution of the criminal case withdraws his / her request, the Court must guide them to file an appeal so that the Court issues a suit for consideration to resolve the withdrawal of the request pursuant to the appellate procedure;
– At the appellate stage: Where there is an appeal or protest at the appellate trial stage, the person who has requested the institution of the criminal case withdraws the request, the Trial Panel or The judge presiding over the trial shall proceed according to the shortened procedure pursuant to paragraph 2 of Article 155 and Article 359 of the Criminal Procedure Code 2015 to cancel the first instance judgment and to suspend the case. In the appellate judgment, the court must clearly state the reasons for the cancellation of the first instance verdict and the suspension of the case is due to the person requesting the criminal proceedings to withdraw the request, not due to the fault of the Court of First Instance.
As can be seen, the guidance of the Supreme People’s Court will be the basis for the Court units to ensure uniform application of the provisions of the Criminal Procedure Code 2015, thereby removing the related problems. To handle the withdrawal of the request for prosecution of the case in the course of handling or adjudicating a criminal case.
