On 12, November 2018, the Government issued Decree No. 155/2018/ND-CP amending the regulations on business investment conditions under the State management scope of the Ministry of Health. This Decree takes effect from the issued date.
Accordingly, Decree No. 155/2018/ND-CP regulates conditions for food production and trading under the specialized management of the Ministry of Health as follows:
– For food production and trading establishments under the management of the Ministry of Health:
+ Process of food production is arranged on the one-way principle from raw materials to final products;
+ Walls, ceilings, floors of production areas, business, warehouses waterproof, rift, moldy;
+ Equipment and tools in direct contact with foodstuffs, which are easy to clean and have no contamination of contaminants and do not pollute foodstuffs;
+ Having boots or shoes for use in the food production area;
+ Ensure no insects and harmful animals enter the production area and food and foodstuff storage; Do not use rats, insect and animal killed chemical in the production area and food and foodstuff storage;
+ Not to sell chemicals used for other purposes in establishments trading in additives and food-processing supports.
+ Persons directly engaged in production and business must be trained in food safety knowledge and certified by the owner and not infected with cholera, typhoid, hepatitis A, E, dermatitis, tuberculosis lungs, acute diarrhea when producing or trading food.
– For food service business establishments:
+ To perform the three-step authentication and storage of food samples under the guidance of the Ministry of Health;
+ Equipment, transportation and food preservation must be hygienic and not polluting the food.
+ Persons directly processing food must be trained in food safety knowledge and certified by the owner and not infected with cholera, typhoid, typhoid, hepatitis A, E, infection skin infections, tuberculosis, acute diarrhea when in production, trading food.
It can be seen that the amendment and supplement of regulations on conditions of food production and trading in the field of management of the Ministry of Health are consistent with the actual requirements and reduce the difficulty before.
On 15, November 2018, the Ministry of Information and Communications (MIC) has issued Circular No. 15/2018/TT-BTTTT on regulations on Type approval (TA) and Declaration of conformity (DoC) for information technology and communication products, goods. This Circular takes effect on 1, January 2019.
Accordingly, Circular No. 15/2018/TT-BTTTT regulates the procedures for Type approval and Declaration of conformity for information technology and communication products, goods, specifically as follows:
Firstly, the method of Type approval includes:
Mode 1: Typical sample testing: This method applies to domestically produced products of units having certificates of a quality management system for products and imported products.
Method 5: Typical sample testing and evaluation of the production process; Supervision by testing samples taken at the place of production or in the market in combination with production process assessment.
Secondly, the duration of the certification procedure:
Authorities will issue Type approval certificate during 07 (seven) working days when they received right dossier.
Thirdly, dossiers of application for certification of technical-regulation conformity and places of receipt of dossiers
In cases where organizations do not have enterprise or individual identification numbers without personal identification number, the dossiers shall include the following papers:
– Application for Type approval;
– Business registration; Decision/Establishment License, Investment Certificate/Investment License; or ID card/passport.
– Test report for the sample issued by the capable laboratory;
– Specification of the sample;
– Relevant documents depending on sample: a copy of the certificate of certification of the product quality management system is still valid or production process and supervision to ensure product quality.
It can be seen that the Circular No. 15/2018/TT-BTTTT has specifically guided the regulations on the Type approval procedure in the field of information and communication. In particular, the time required to complete this procedure has been reduced compared to previous regulations.
On 15, November 2018, the Ministry of Industry and Commerce (MIC) issued Circular 45/2018/TT-BCT regulating the operation of the competitive electricity wholesale market and amending, supplementing Circular 56/2014/TT-BCT on the method of determination of electricity generation price and the procedure of inspection of electricity trading contracts. This Circular takes effect on 1, January 2019.
Accordingly, Circular 45/2018/TT-BCT specifies the responsibility of participating in the electricity market of the power generation unit, specifically:
– The power plant has a license for electricity activities in the field of electricity generation, with a capacity of more than 30MW connected to the national power system; Power plants with a capacity of up to 30MW connected to power grids of 110KV or higher shall directly participate in the electricity market;
– Non-hydro power plants with a capacity of more than 30MW have the option to participate in the electricity market;
– Power plants indirectly involved in the electricity market: BOT power plants; Non-hydropower renewable energy power plants except for the above.
Power plants that have been licensed to operate electricity and have to join the electricity market but do not register to participate in the electricity market will not be able to mobilize electricity to the national grid.
It can be seen, with the above specific regulations, the Ministry of Industry and Trade has clearly and clearly defined the responsibilities of the power generation units in participating in the electricity market, thereby contributing to improving the efficiency of the management. State management as well as the creation of a mechanism for operating the wholesale electricity wholesale market.
On 05/10/2018, the Ministry of Finance issued Circular No. 93/2018/TT-BTC amending and supplementing some articles of Circular No. 19/2014/TT-BTC dated 11/02/2014 regulating the procedures for temporary import, re-export, destruction and transfer of automobiles and motorbikes of subjects enjoying privileges and immunities in Vietnam. This Circular takes effect on November 20, 2018.
Accordingly, Circular No. 93/2018 / TT-BTC amending the regulations on temporary import, re-export, transfer and destruction of vehicles; The procedures for granting temporary import permits for automobiles and motorcycles; The procedures for temporary import of automobiles and motorcycles; Procedures for re-export of automobiles and motorbikes; The procedure and policy of vehicle transfer tax.
In which, related agencies for the dropped, 93/2018/TT-BTC rule for the default tax Properties for the shifted for the switch value is tax value, tax, and the price at transposition time.
The time of transfer shall comply with the provisions of Clause 2, Article 1 of Decision No. 10/2018/QD-TTg. The tax calculation value shall comply with the provisions at Point a, Clause 2, Article 17 of Circular No. 39/2015/TT-BTC providing for customs valuation of imports and exports.
Special consumption tax and value-added tax applicable to transfer cars shall comply with the special consumption tax and value-added tax law at the time of car transfer.
With regard to the procedures for the transfer of cars between subjects entitled to privileges and immunities in Vietnam, the circular stipulates that the subjects of assignment of vehicles shall carry out the procedures for granting of transfer papers; Subjects of receipt of transfer vehicles shall carry out the procedures for granting of temporary import permits (except for requests for payment of bills of lading or other transport documents of equivalent value).
Subjects enjoying privileges and immunities in Vietnam shall base themselves on vehicle transfer papers and temporary import permits for carrying out vehicle transfer procedures. The customs office of the province or city where the transferee of the vehicle is assigned shall base on the temporary import permit and the import goods declaration upon the completion of the vehicle transfer procedures for subsequent monitoring and management.
Thus, it can be seen that Circular No. 93/2018/TT-BTC has detailed and specific regulations on tax policy for transfer vehicles, thereby contributing to improving efficiency, quality management as well as creating conditions for individuals and organizations to implement quickly and accurately the provisions of the tax law in these transfer activities.
On 27/9/2018, the Ministry of Finance issued Circular No. 87/2018/TT-BTC amending and supplementing some articles of Circular No. 215/2013/TT-BTC dated 31/12/2013 of the Ministry Finance guiding the coercive execution of tax administrative decisions. This Circular takes effect on November 15, 2018.
Accordingly, Circular 87/2018/TT-BTC amended a number of new highlights as follows:
1. In case of suspension of tax coercive
Circular No. 87/2018/TT-BTC amending Clause 3, Article 5, supplementing the provisions on tax suspension. Specifically, to suspend or not to apply coercive measures for taxpayers who owe taxes, fines, late payment of tax amounts and / or late payment of fines, the amounts of money being coerced or the time limit for the application of remedies the tax authorities have issued one of the following documents: the decision on the gradual payment of tax debts; Decide the deadline for tax payment and notify the late payment.
2. The form of sending tax enforcement decisions
The coercion decision must be sent to the subject to enforcement before the coercion. Where a taxpayer has an electronic tax transaction account, the enforcement decision shall be sent electronically.
In cases where taxpayers do not yet have e-tax transaction accounts, the coercion decisions shall be delivered directly or sent by registered post.
For cases where the decisions are directly assigned but the coerced organizations and/or individuals fail to receive them, the competent persons or tax officers shall have to hand over the coercion decisions to the ministers and/If the decision is not accepted by the local authority where the organization or individual has registered its address with the tax office, it shall be considered a decision that has been assigned.
3. Time of issuance of tax enforcement decision
The coercion decision must be issued after the 90th day after the tax amount or tax payment deadline expires, the tax payment time limit shall be allowed to be gradually paid as prescribed by law.
A tax coercive decision shall be issued right after the expiration of the tax payment time limit extension and immediately after the taxpayer fails to comply with the decision on sanctioning of tax-related administrative violations within the time limit stated in the sanctioning decision.
It can be seen that the Circular No. 87/2018/TT-BTC has been amended and supplemented so that it is expected to contribute to overcoming difficulties and limitations in the enforcement of decisions on enforcement taxation, improve the effectiveness of management in this activity.
On 08/11/2018, the Prime Minister issued Directive No. 31/CT-TTg to adjust and strengthen the discipline in the management of the use of state budget. This Directive shall enter into force on the date of issue.
According to the process of checking the management and use of budgets at ministries, local authorities at all levels, the existence of many violations has led to the ineffective use of financial resources – State budget. In order to overcome weaknesses, through the issuance of Directive No. 31 / CT-TTg, the Prime Minister has specific tasks to ministries, agencies, and agencies attached to the Government focusing on seven groups of basic tasks:
– Institutional improvement, legal system for budget management and public investment
– To enhance the management of budget collection, concentrate on handling and recovering outstanding tax debts
– State budget management shall ensure that the right targets are allocated to the right subjects, according to the prescribed standards and norms, according to the prescribed regime.
– To intensify the management and strict control of public debts, government debts, foreign debts of the country and debts of local administrations, to arrange sources of debt repayment fully and in time
– Strengthen management, improve the efficiency of using public assets
– Make the final settlement, report on the right regime, on time
– On speeding up, checking, processing, reporting, publicity.
It can be seen that through the Prime Minister’s Directive No. 31/CT-TTg, the Prime Minister is expressing the determination of the Government to control the budget deficit and the public debt ceiling, ensuring that the economy develops in a positive way. It is stable and suitable for the period of economic and social development of the country
On 06 October 2018, Prime Minister promulgated Decision No. 1489/QĐ-TTg approving the orientation of attraction, management and using ODA capital source and preferential loan capital of foreign donors in the stage of 2018 – 2020, the vision 2021 – 2025. This Decision takes effect from the issuing date.
Accordingly, Prime Minister directs and guides the activities of attracting and using ODA capital in the 2018-2020 period as follows:
– Take advantage of the remaining ODA capital of multilateral donors in 2018-2020. For the preferential loan capital IBRD of the World Bank (WB), OCR of Asian Development Bank (ADB) and preferential loan capital of donors, continue mobilizing and using for developing the infrastructure. Mobilization and using need to consider in the total of public investment capital sources, debt ceiling and the capacity to balance the repayment of the state budget; Consideration, evaluation the impact to the period after 2021 – 2025 to ensure the orientation to ensure the direction of reducing the deficit, public debt, policy of restructuring public investment according to the Resolutions of the Central Committee and the National Assembly and and the capacity to balance the source of repayment of budget levels;
– ODA loan capital, preferential loan capital only using for expensing to developing investment without using for Regular spending;
– To prioritize using ODA loan capital for programs, projects in the fields of medical, education, vocational education, adaptation to climate change, environmental protection, the transportation infrastructure is not able to recover directly, Large-scale, highly spatial, inter-regional nature, suitable planning, promote the process of socio-economic development of the region.
It can be seen through the approval of the orientations for attraction, management and use of ODA and preferential loans of foreign donors in the period of 2018-2020, vision 2021-2025, the Prime Minister It is expected to facilitate the effective management and use of ODA capital in line with the current socio-economic development stage of the country.
On 09, November 2018, The Government issued Decree No.154/2018/ND-CP amending, supplementing, abolishing a number of regulations on the investment and business conditions under state management of The Ministry of Science and Technology (MST) and a number of regulations on specialized inspection. This Decree takes effect from the issued date.
Accordingly, Decree No. 154/2018/ND-CP regulates the conditions of establishing organizations providing verification, testing, and calibration service, as follow:
Have adequate standards of measurement, instrumental and environmental conditions to be verified, tested and calibrated according to the requirements of the correlative processes. The verification, calibration and testing processes must be in accordance with the guidance of the MST or the international recommendations of the International Organization for Standardization and Measurement, the requirements of the International Electrotechnical Commission Data of the manufacturer concerned. These measurement standards and instrumental must be periodically verified, calibrated, tested and preserved under the regulations of the organization’s head; verification, calibration, the testing certificate must be valid.
Have at least 01 technical staff suitable for each field of operation. These staff must meet the following requirements:
• Graduated from high school or equivalent;
• Complete the training in verification, calibration and testing activities corresponding to the fields under the guidance of the MST.
• The management system has been set up and maintained in accordance with the national standard TCVN ISO / IEC 17025 for verification, calibration, and testing measuring instruments.
• Having a document of the organization’s head stipulating the management of certificates (stamps, stamps, certificates) for verification, calibration, and testing.
It can be seen that the modification of some regulations on the conditions of establishing organizations providing verification, calibration and testing services in Decree No. 154/2018 / ND-CP has been reduced conditions that are not suited for practice, contributing to the removal of difficulties and formality barriers for organizations and individuals operating in this field.
On 07, November 2018, the Government issued Decree No.150/2018/ND-CP amending a number of Decree regulating the conditions of business investment and administrative formalities in Information & Communications field. This Decree will come into force from 24, December 2018.
Accordingly, Decree No.150/2018/ND-CP abolish a number of the article, the paragraph of Decree No.102/2099/ND-CP dated 06, November 2009 on the management of investment in the application of information technology with funds from State budget, specifically:
– Abolish paragraph 1, article 60 that organizations, individuals participating in investment in the application of information technology must have the capability and experience in accordance with Decree No. 102/2099/ND-CP.
– Abolish a series of regulations on capability requirement of relevant entities, as follows:
• The capacity of preliminary design chief;
• Project establishment consultancy organization;
• The capacity of Director in charge of project management and consultancy;
• The capacity for project management and consultancy organization;
• The capacity of the chief surveyor;
• The capacity of survey consultancy organization;
• The capacity of construction design chief;
• The capacity of construction design and consultancy organization;
• The capacity for construction supervision and consultancy organization;
• The capacity of the on-site commander;
• Freelancers specialized in design, survey, and supervision;
• The capacity of foreign entities providing consultancy or performing contracts in the field of IT application investment in Vietnam.
In summary, the issuance Decree No.102/2009/ND-CP abolishing the regulation on the conditions of the capacity of relevant entities removed difficulties that can be considered as formal barriers in business when they participate in investment activities in the application of information technology. Besides, Decree No.102/2009/ND-CP also engages relevant entities who have financial and experience enough, reduce administrative formalities and enhance development in business investment activities.
