On 22, December 2018, the Government issued Decree No. 158/2018/ND-CP regulating the establishment, reorganization and dissolution of administrative organizations. This Decree takes effect on 10, January 2019.
Accordingly, Decree 158/2018 / ND-CP regulates administrative formalities in the establishment, reorganization, and dissolution of administrative organizations, specifically as follows:
Firstly, procedures for the establishment of administrative organizations, dossier including:
• A written request for appraisal;
• Draft report on the establishment of the administrative organization;
• The draft proposal on the establishment of an administrative organization;
• A draft document of the authorized agency or person to decide on the establishment of the administrative organization;
• Written comments of concerned agencies on the establishment of administrative organizations;
• A report of the agency or organization proposing the establishment of the acceptance, explanation of the opinions of the concerned agencies.
Implementation time: 25 working days from the date of receipt of complete and valid documents.
Secondly, the reorganization and dissolution of administrative organizations, dossier including:
• Scheme on reorganization and dissolution of administrative organizations;
• The report on the reorganization or dissolution of the administrative organization;
• Draft documents of authorized agencies or persons to decide on the reorganization or dissolution of administrative organizations;
• Documents of competent agencies or organizations certifying the fulfillment of financial obligations, assets, land, loans, liabilities and other relevant matters (if any).
Implementation time: 25 working days from the date of receipt of complete and valid documents.
It can be seen that Decree 158/2018/ND-CP contains rather detailed procedures and procedures for the establishment, reorganization and dissolution of administrative organizations. It helps to make the implementation process more concrete and clear and contributes to the process of reforming administrative formalities towards transparency, transparency, thrift, and speed.
On 23/11/2018, the Government Office issued Circular No. 01/2018/TT-VPCP guiding the implementation of a number of provisions of the Decree No. 61/2018/ND-CP dated 23/04/2018 on implementing the one-stop shop mechanism (OSS), one-stop shop in settling administrative formalities. This Circular takes effect on 6, January 2019.
Accordingly, Circular No. 01/2018/TT-VPCP regulates the implementation of the one-stop-shop mechanism (OSS) in handling administrative formalities, specifically as follows:
Firstly, the publication of the list of administrative formalities was conducted at the OSS
• The receipt of dossiers, the handling and the result-answering at the OSS section for administrative formalities must be announced in the decision on announcing administrative formalities, the decision on announcing the list of administrative formalities Main and public in accordance with the law on administrative procedure control;
• The list of administrative formalities for receiving dossiers and returning results at the OSS is included in the decision on announcing administrative formalities and the decision on announcing the list of administrative formalities under Chapter II Circular No. 02/2017/TT-VPCP dated 30 October 2017 of the Government Office providing guidance on administrative formalities control.
Secondly, the conditions for carrying out administrative formalities according to the procedures at the OSS when satisfying the following conditions:
• Not subject to the provisions of Points a and b, Clause 5, Article 14 of Decree No. 61/2018/ND-CP;
• It is allowed to decentralize or authorize the OSS, cadres, civil servants and employees at the OSS to consider, appraise, verify and verify the dossiers and approve the settlement results. major in accordance with the law;
• The one-stop shop has enough resources and other necessary conditions to perform the tasks and powers assigned or authorized.
It can be seen that the promulgation of Circular No. 01/2018/TT-VPCP promises to contribute many positive changes in the implementation of administrative formalities, helping to remove difficulties and obstacles in the implementation. At the same time, it contributes to the process of reforming the administrative formalities towards transparency, speed, and transparency, strengthening the people’s confidence in accordance with the general development of the country.
On October 16, 2018, the Ministry of Industry and Trade (MIT) issued Circular No. 36/2018 / TT-BTC regulating the procedures for granting and withdrawing electricity activity licenses. This Circular takes effect on 6, December 2018.
Accordingly, Circular No. 36/2018 / TT-BTC regulates the procedures for granting and withdrawing electricity activity licenses and term of electricity activity licenses in the fields of: electricity; Power generation; Electricity transmission; Power distribution; Wholesale electricity; Retail electricity.
In addition, this Circular also provides for exemptions for electricity activity licenses, including (i) electricity generation for self-use, not selling electricity to other organizations or individuals; (ii) Generating electricity with an installed capacity of less than 1 MW (01 MWp for solar power plants installed at 01 location and 01 connection point) for selling electricity to other organizations and individuals; (iii) Trading electricity in rural, mountainous and island areas purchasing electricity with a capacity of less than 50 kVA from the distribution grid to sell electricity directly to customers in rural, mountainous and coastal areas island; (iv) regulating the national electricity system and administering the electricity market transactions.
In addition, the term of the electrical activity license is also specified as follows:
– 05 years for specialized electricity consultancy;
– For electricity generation:
+ 20 years for large power plants with special social-economic, defense and security significance according to the list approved by the Prime Minister;
+ 10 years for power plants not on the list of big power plants with special social-economic, defense and security significance, which are approved by the Prime Minister;
– 20 years for power transmission;
– 10 years for electricity distribution and wholesale and retail.
In case of extension of the electrical activity permit for a shorter period of time, the license shall be granted within the prescribed time limit; Basing themselves on the actual conditions of the electricity work items, the electricity activity permit-granting agencies may grant electricity activity licenses with a shorter duration than the prescribed time limit.
It can be seen that the clarification of the order and procedures for the granting and withdrawal of electricity activity licenses and the validity of the operating license will contribute to the improvement of the transparency of the process. To apply for a license and at the same time to have grounds for management activities for the duration of operation of organizations when conducting business in the electricity domain.
On 15, October 2018, The Ministry of Information and Communications (MIC) issued Circular No.13/2018/TT-BTTTT regulating the list of information security products imported under license and procedure, dossier licensing import certificate. This Circular takes effect on 01, December 2018.
Accordingly, Circular No.13/2018/TT-BTT stipulates information security products imported under license (ATTM) means completed equipment with technical specifications and goods description strictly according to specifications. Art, design structure, can operate independently; Not applicable to parts or accessories or parts of the product.
In addition, this Circular also states that the effective date of a license for import of a new product is 2 years or the validity of the license for trading in ATO products in The validity of the license for trading in ATTM products and services is less than 2 years.
Besides, Circular No. 13/2018 / TT-BTTTT also stipulates that the MIC (the Department of Information Safety) is the licensing authority for importing the products. A dossier of application for an import certificate, including:
• An application letter according to form 1 in Appendix II of this Circular;
• Business or Investment license;
• Type Approval Certificate or Declaration of conformity of product;
• A technical specification describing the function of the proposed product.
It can be seen that MIC has detailed and specific regulations on the list of information security network products imported under license and the procedures, dossiers of import licenses. The information security of the network, thereby creating conditions for organizations and individuals operating in this field have the bases to carry out production activities are accurate, legal and time-saving and improve the efficiency of state management in this fields.
On 08/10/2018, the government promulgated Document No. 137/2018/NĐ-CP sửa on amending, supplementing some of the articles of Decree No. 123/2013/NĐ-CP on 14/10/2013 of the government detailing a number of articles and measures to implement the Law on Lawyers. This Document takes effect from 25/11/2018.
Accordingly, the government stipulates cases not exempted from lawyer training in accordance with Articles 13 and 16 of the Law on Lawyers as follows:
– Persons who have been subjected to criminal proceedings or disciplined to the point of dismissal of the titles of judges, procurators, investigators, inspectors, and verifiers;
– The person was deprived of the title of the People’s Police, stripped of people’s army officers;
– Deprived of academic title Professors, Associate Professor of Law, Ph.D. in Law or to be withdrawn the decision on appointment to the rank of senior specialist, senior researcher, senior lecturer, principal expert, principal researcher and principal lecturer in the field of law.
It can be seen that this regulation will create a strong legal framework for training, giving high requirements in the training of lawyers, contributing to the resources of the country’s quality lawyers.
On 21/09/2018, the government issued Degree No. 127/2018/NĐ-CP provides responsibility of State management on education. This Degree takes effect from 15/11/2018.
Accordingly, Degree No. 127/2018/NĐ-CP regulates on State management’s responsibility on preschool education, general education, higher education, continuing education; pedagogic intermediate level, pedagogic college and other educational institutions as prescribed by law (State management on education).
Requirement for the regulation of State management’s responsibility for education is to ensure consistency, to improve the efficiency of state management of education; Ensure compatibility between tasks, powers and responsibilities with financial resources, personnel, conditions for ensuring the quality of education and other necessary conditions for the performance of assigned tasks; Determination of the tasks, powers and State management responsibilities of ministries, People’s Committees at all levels and concerned agencies.
Therein, State management’s responsibility of education of Ministry of Education and Training is promulgation the program of preschool education, general education, continuing education and standardization of training programs for higher education; The list of education and training of level IV of the pedagogical intermediate level, pedagogical college, university, master and doctoral degree; Training regulations and training links.
In addition, to stipulate the organization of the compilation, evaluation and approval of the use of and guide the selection of learning materials, textbooks and teaching materials in pre-school education establishments, general education, continuing education; Regulations on the formulation, appraisal and promulgation of training programs for pedagogic secondary schools, pedagogic colleges and higher education.
It can be seen that, through Decree No. 127/2018/NĐ-CP, the government has clearly defined the responsibility for state management of education, thereby contributing to the specific identification of tasks, powers, responsibilities of state management of ministries, People’s Committees at all levels and related agencies
On 13/11/2018, General Department of Vietnam Customs promulgates Decision No. 3445/QĐ-TCHQ specifically regulates of the requirements on skills, specialized knowledge for each position in anti-smuggling activities. This Decision takes effect from the date of issue.
Accordingly, from 13/11/2018, Ministry of Finance, as well as the General Department of Vietnam Customs, have issued specific requirements on the skills, knowledge that customs officers need to secure for each of their positions. via researching the annexes attached to Decision 3445 above, each officer in the customs department can assess his or her own capacity, find the weaknesses, restrict in himself or herself to have a plan to study, exchange, improve skills as well as specialized knowledge. At the same time, the requirements on skills and knowledge issued together with the Decision will be the basis for the management, decentralization, and appointment of officials to be conducted in a transparent manner.
It can be seen that, with the issuance of Decision No. 3445/QĐ-TCHQ, Ministry of Finance as well as General Department of Vietnam Customs pay close attention to the training and fostering of professional and specialized cadres deeply to ensure the effective implementation of the fight against smuggling and create favorable conditions for trade, investment, and development of the economy.
On 15/10/2018, Ministry of Information and Communications promulgated the Circular No. 11/2018/TT-BTTTT to the detailed notification the list of user information technology products banned from import attached with HS codes. This Circular takes effect from 30/11/2018.
Accordingly, the Circular No. 11/2018/TT-BTTTT regulates to apply the Banned importation as follows:
– In case only list the 4-digit code, all of the 8-digit code in this 4-digit code group all be applied;
– In the case on the list the 6-digit code, all of the 8-digit code in this 6-digit group all be applied;
– In addition to the 4-digit and 6-digit codes details to 8-digit code, only applicable to that 8-digit codes;
– Used spare parts, components, and accessories of the products listed in the List are also prohibited from import;
– Refurbished information technology products with HS codes, which are on the List of those banned from import, are banned from import;
– For printers, color copiers, multi-color, when imported to comply with the law in the field of printing.
Therefore, Circular No. 11/2018/TT-BTTTT clearly provides information technology products that are restricted to import into Vietnam, thereby improving the efficiency of product quality management before reaching consumers as well as strengthening state management in this activity.
On 15, November 2018, the Ministry of Industry and Trade issued Circular No. 44/2018/TT-BCT on stopping the temporary import and export of logs and sawn timber from natural forests from Laos and Cambodia. This Circular takes effect on 1, January 2019.
Accordingly, the temporary import, re-export of logs and sawn timber from natural forests from Laos and Cambodia will be applied to the following subjects:
1. Enterprises involved in the temporary import and re-export of logs and sawn timber from Laos and Cambodia;
2. Agencies and organizations manage the business of temporary import and re-export of logs and sawn timber from Laos and Cambodia;
3. Other agencies, organizations, and individuals involved in the business of temporary import and re-export of logs and sawn timber from Laos and Cambodia.
It can be seen that, the issuance of Circular No. 44/2018/TT-BCT will show the role of State management to temporary import and re-export of timber in general, thereby improving the quality of management in Protecting, preserving and restricting the overexploitation of natural resources in the context of the environment is facing many challenges and bad changes as today.