On 17 September 2018, the Government issued Decree No. 123/2018/ND-CP amending and supplementing a number of decrees on conditions for investment and business in the agricultural sector. This Decree takes effect from the date of its promulgation.
Accordingly, Decree 123/2018/ND-CP amending and supplementing regulations on production conditions for organizations producing pesticides is as follows:
– Persons directly managing or administering production have the university or higher degrees in chemistry, plant protection, biological sciences or agronomy; labors directly engaged in the production of plant protection drugs must be trained and fostered in professional knowledge and knowledge about plant protection drugs;
– Factories and warehouses for preserving plant protection drugs must be located in industrial parks and satisfy the requirements of national standards TCVN 5507: 2002 Hazardous chemicals – Safety rules in production, business, use, preservation and transportation;
– Equipment and production lines of active substances, technical drugs, production of finished drugs from technical drugs and packing of plant protection drugs must meet the production process and technology and meet the requirements on safety as prescribed in National standards TCVN 5507: 2002 Hazardous chemicals – Safety rules in production, business, use, preservation and transportation;
– Solid waste, waste gas and wastewater treatment systems must meet the provisions of law and national technical regulations;
– Having laboratories for quality inspection of products already registered and designated according to the provisions of the law on conditions for conducting conformity assessment services and quality of goods and goods. In cases where there is no testing laboratory, there must be a quality inspection contract with a registered and designated testing laboratory under the provisions of the law on conditions for conducting conformity assessment services and product quality of goods for each batch of products shipped;
– Establishments producing plant protection drugs must have quality management systems according to ISO 9001 or equivalent standards, which have been registered by certification organizations under the provisions of the law on conditions on assessment service business suitability level.
It can be seen that the Decree No. 123/2018/ND-CP contains detailed and detailed guidance on investment conditions in the agricultural sector, thus helping investors to prepare. It also contributes to improving the efficiency of state management in this field.
On 08/08/2018, the Ministry of Construction issued Circular No. 07/2018/TT-BXD regulating the statistic reporting construction industry. The circular takes effect on September 25, 2018
Accordingly, the contents of the Statistic Regime for Construction has changed as follows:
– The reporting regime includes the statistical reporting system model (Appendix I), the reporting form and the statistical report form explanation (Appendix II);
– The number of new reporting forms has decreased five forms compared to current regulations and now only 13 are numbered from 01/BCĐP to 13/BCĐP.
The Construction Department and the Planning and Architecture Services of the provinces and centrally-run cities shall send their reports to the Ministry of Construction and the Ministry of Construction shall receive detailed reports in the upper right corner of each form millet:
– Statistical reporting period is specified in the statistical reporting form and is calculated according to the calendar day including:
+ 6-month statistical report: calculated from January 1 to the last day of June of the statistical reporting period.
+ Annual statistical report: calculated starting from January 1 to the last day of December of the statistical reporting period.
Thus, the new reporting period has abolished the statistic report periodically by month, quarter and also revised the reporting period 6 months, year.
– Reporting deadline: recorded in the upper left corner of the statistics form;
– Form of the report: written paper signed and stamped by the head of the unit and via the electronic reporting system.
It can be seen that, with detailed and specific changes, the Circular No. 07/2018/TT-BXD is expected to contribute to the implementation of the reporting regime of the Department of Planning and Architecture The structure is guaranteed to be accurate, quick and easy.
On 08/08/2018, the Ministry of Finance issued Circular No. 70/2018/TT-BTC regulating the management and use of non-productive funds for the implementation of the post- for the period of 2016 – 2020, this Circular takes effect on September 22, 2018.
Accordingly, the level of state budget expenditure to implement climate change response for the period 2016 – 2020 is implemented according to the current expenditure regime, specifically, adjustments to budget expenditures are as follows:
Develop subject curricula, incorporate climate change related content into the educational environment;
– Raise the professional level of officials in charge of climate change;
– Develop a program to survey, measure and update the impacts of climate change on Vietnam;
– Developing a national database on climate change;
– To increase the costs of organizing conferences and activities related to climate change.
In addition, Circular No. 70/2018/TT-BTC also provides some additional guidance as follows:
– Expenses for curriculum development, syllabus, training materials, professional training: According to Circular 123/2009/TT-BTC dated 17/6/2009;
– Expenses for professional training and fostering: According to the provisions of Circular No. 36/2018 / TT-BTC of March 30, 2018;
– Investigation expenses: According to Circular 109/2016/TT-BTC dated 30/06/2016;
– Working mission expenses: According to Circular No. 40/2017/TT-BTC dated 28/4/2017;
– Expenses for information, database: According to Circular 194/2012/TT-BTC dated 15/11/2012.
It can be seen that the adjustments in Circular 70/2018/TT-BTC aim at building a national database on climate change, assess the impacts of climate change as well as raise awareness of people about the impact of climate change, contributing to the realization of Vietnam’s commitments under the Paris Climate Change Agreement.
On 14/09/2018, the State Bank of Vietnam has issued Circular No. 23/2018/TT-NHNN regulating the reorganization, withdrawal of licenses and liquidation of assets of people’s credit fund. This Circular will take effect from 01/11/2018.
According to Circular No.23/2018/TT-NHNN, People’s Credit Funds may be restructured in the following forms: division, partial division, consolidation, acquisition. The reorganization of people’s credit fund shall be effected on the basis of the reorganization plans approved by the State Bank in accordance with the provisions of law.
Accordingly this Circular regulates on transfers, asset sale during the reorganization process People’s Credit Fund must ensure publicity, transparency, compliance with the law and the agreement of the parties, ensuring the safety of property and not affecting the interests of the parties. People’s Credit Fund after reorganizing the inheritance of rights and obligations of the previous People’s Credit fund according to the provisions of law and agreements between the parties.
At the same time, the liquidation period is 12 months from the date the decision approving the dissolution of the people’s credit fund of the State Bank branch takes effect. However, in order to create favorable conditions for people’s credit funds to liquidate their assets, the liquidation term may be extended with each extension not exceeding 12 months.
Whereas the responsibility of the liquidation council should be improved to ensure the implementation of the plan approved by the State Bank branch, finding all measures to recover debts and assets of people’s credit fund. All proceeds of the people’s credit fund must be used to pay the creditors according to regulations, etc.
In addition, Circular No. 23/2018/TT-NHNN also provides for seven cases where licenses may be revoked, including:
– People’s Credit Fund voluntarily apply for dissolution when they are able to repay all debts and other property obligations;
– The dossiers of application for People’s Credit Fund licenses contain fraudulent information so as to satisfy the conditions for being granted licenses;
– People’s Credit Fund operate not in accordance with the contents of the licenses.
– People’s Credit Fund seriously violates the provisions of the law on limits and prudential ratios in operation.
– People’s Credit Fund fail to perform or improperly implement the handling decisions of the State Bank’s branches so as to ensure safety in banking activities.
– People’s Credit Fund are divided, merged, consolidated or bankrupt.
– People’s Credit Funds whose duration of operation has not been extended or extended but are not approved by the State Bank branch in writing.
As such, Circular No. 23/2018/TT-NHNN with specific provisions on the reorganization of people’s credit funds is considered to contribute significantly to strengthen the power of the people credit system, to implement the Scheme on “Restructure the system of credit institutions associated with dealing with bad debts in the period 2016-2020” issued in conjunction with Decision No. 1058/QĐ-TTg dated 19/07/2017 of the Prime Minister cover.
On 13 September 2018, the government promulgated Decree No. 121/2018/NĐ-CP on amendments to the government’s Decree No. 49/2013/ND-CP dated May 14, 2013 on guidelines for the labor code in terms of wages. This Decree shall take effect from 01 November 2018.
Accordingly, Decree No. 49/2013/ND-CP regulates new regulations on outstanding contents related to the principle of building wage scale, payroll and labor norms, specifically:
If, as provided in Decree No. 49/2013/ND-CP, all enterprises are obliged to organize the construction or revision of salary scales, payrolls and labor norms and send to the district-level state management agency in charge of the labor of the locality where its production and/or business establishment is located for monitoring and inspection according to regulations.
However, as of 01/11/2018, according to Decree No. 121/2018/ND-CP, this provision applies only to enterprises employing 10 or more employees. For small businesses employing less than 10 (ten) labors, laborers will be exempted from the procedure of sending wage scales, payrolls and labor norms to state management agencies on district laborers where production and/or business establishments are located.
Therefore, it can see that the rules of the law rule that the date of the date has more support, reduce minor/simple transactions for business, special as small enterprises.
On 08 August 2018, the Finance of Ministry promulgated Circular No. 69/2018/TT-BTC guidance for restructuring State-owned Enterprise that not eligible for equitization under paragraph 2 Article 3 Decree No. 126/2017/NĐ-CP on 16 November 2017 via resolving debt to transfer to be a joint stock company. This Circular will take effective on 01 October 2018
Accordingly, the method of restructuring is exercised base on the agreement principle between the representative organ of the enterprise’s owner restructuring and debt trading company or creditors join in restructuring. Debt trading company has the right to negotiate for buying the debt with debt owner and propose the restructure way for the enterprise that is in accordance with the law.
Debt trading company decides to buy the debt after negotiation, agreement with the representative organ of the enterprise’s owner and the result of the debt buying negotiation with creditors of restructuring enterprise.
For the financial handling of restructuring enterprise, restructuring enterprise shall carry out financial handling when valuing enterprises according to Decree No. 126/2017/NĐ-CP and Circular No. 41/2018/TT-BTC. In case of financial handling according to the restructuring method, it must be attached to the restructuring plan already approved by the representative agency.
For the sale of shares at the first time, mode of sale and selling prices of shares for the first time under regulation at Decree No. 126/2017/NĐ-CP and Circular No. 41/2018/TT-BTC. In which, base on sub-paragraph d paragraph 1 and 3 Article 42 Decree No. 126/2017/NĐ-CP, the owner representative organ decides the shares price for labors and trade union organization at restructuring enterprise is not less than 60% of the face value of shares.
Debt trading companies and debtors participating in corporate restructuring are transformed into debt-to-equity shares in accordance with the principle of agreement and approved by the owner’s representative office in the restructuring plan. For shares not sold out, enterprises shall have responsibility for the handling according to the provisions of the Government’s Decree No. 126/2017/ND-CP and Circular No. 40/2018/TT-BTC.
Regarding policies for redundant laborers in restructuring enterprises, to comply with the State’s current regulations on State enterprises upon equitization. Funds will be made on the principle that the proceeds from the sale of shares after subtracting the total par value of the sold shares shall be used to pay the redundant employees.
Circular 69/2018 / TT-BTC was promulgated to remove existing problems and raise the efficiency of restructuring State owned Enterprises failing to meet the conditions for equitization.
On 07/9/2018, the Government issued Decree No. 116/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 55/2015/ND-CP dated 09/06/2015. Credit policy for agricultural and rural development. This decree will come into force on October 25,
Accordingly, Decree No. 116/2018/ND-CP contains the following new remarkable contents:
Firstly, specifying the subject named bank loan contract of business household, specifically as follows:
– Because a business household does not have legal entity status when engaging in a loan transaction, therefore, members of a household business are involved in setting up and executing a loan transaction;
– Members may authorize their representatives to establish and perform this loan transaction, the authorization must be made in writing, unless otherwise agreed;
– When there is a change of representative, the borrowing party must notify the borrower;
– Where a member of a household business is not authorized by another member to act as a representative, such member shall be the subject of the loan relationship established and implemented by such member.
Secondly, increasing the loan amount for individuals and households that are lent by credit institutions without collateral, specifically:
– A maximum of VND 100 million for individuals and households residing outside rural areas engaged in production and/or business activities in the agricultural domain (except for cases specified at Point c, Clause 2 of this Article);
– A maximum of 200 million VND for individuals and households residing in rural areas
Third, strengthen the credit policy to encourage the application of high technology agricultural production:
– Projects and plans for production and business in hi-tech agricultural zones or high-tech agricultural areas, which are considered by the credit institutions to be provided with no security assets at a maximum level equal to 70% of the value of the project or plan;
– Enterprises which have not yet been granted agricultural technology-applying certificates but have hi-tech production and business projects or plans in agriculture outside hi-tech agricultural zones The application of hi-tech shall be considered by the credit institution to provide loans with no security assets at maximum equal to 70% of the value of the project or plan.
As such, Decree No. 116/2018/ND-CP stipulated many preferential credit policies to promote agricultural and rural development; Especially, encouraging agricultural production following the model of linking and applying hi-tech agriculture.
On 31/07/2018, the Prime Minister issued Decision No. 30/2018/QD-TTg regulating the order and procedures for certification of goods directly used for the development of technology incubation, To create scientific and technological enterprises and renovate technologies; Specialized means of transport in technological lines used directly for production activities of investment projects. This Decision takes effect on September 15,
Accordingly, the dossiers of application for certification of goods directly used for the development of technology incubation activities, the incubation of science and technology enterprises and technological renewal shall include:
– Written request for certification;
– Explanation on goods on the list or satisfying the criteria prescribed by the Ministry of Science and Technology for goods directly used for the development of technology incubation activities, the incubation of science and technology enterprises or technological innovation;
– Purchase contract or entrustment contract (authenticated copy or copied copy together with original for comparison) or other relevant documents to determine the transaction;
– Other documents such as:
+ Authenticated copy (or copy provided with the original for comparison): Investment certificate, enterprise registration certificate (if any);
+ The list of machinery, equipment, spare parts and supplies for the performance of scientific and technological tasks of technology incubators and establishments for scientific and technological enterprise incubation (for cases of proposal To certify goods being specialized machinery, equipment, spare parts and supplies used directly for development of technology incubation activities, incubation of scientific and technological enterprises);
The list of machinery and equipment for performing scientific and technological tasks or investment projects on technological renewal (for cases of application for certification of goods being special-use machinery and equipment for direct use for technological innovation).
On the order and procedures for certification, organizations and individuals shall compile a dossier set according to the above provisions directly or by post to the People’s Committee of the province or city where the project or technology establishment is located, Conducting scientific and technological enterprises or project management ministries, technology incubators, science and technology enterprises nurseries.
If the dossier is invalid, amended or supplemented, the organization or individual shall receive a notice from the competent body within 3 working days from the date of receipt of the dossier. Within 10 days after receiving a valid dossier, the competent agency shall reply in writing to the list of directly-used goods or the written denial of certification to the organization or individual. human.
It can be seen that Decision 30/2018/QD-TTg has detailed and specific instructions on procedures for certification of goods used for technological innovation, thereby creating conditions for individuals, When implementing these procedures smoothly, accurately and promptly, and at the same time improve the management efficiency of the competent State agencies in this field.
On 30/07/2018, the Ministry of Transport issued Circular No. 41/2018/TT-BGTVT regulating the list of potentially unsafe products subject to state management of the Ministry of Communications transportation. This Circular takes effect on September 15, 2018.
Accordingly, Circular No. 41/2018/TT-BGTVT applies to domestic and foreign organizations and individuals engaged in production and business activities, design, construction and construction of potentially unsafe products and goods under the state management responsibility of the Ministry of Communications and Transport. Organizations and individuals involved in activities of managing and evaluating the quality of products and goods which may cause unsafety are under the State management responsibility of the Ministry of Communications and Transport.
Attachment with the Circular No. 41/2018/TT-BGTVT, the Ministry of Transport has issued the list of potentially unsafe products with a total of 194 types. Specifically:
– The list of products and goods must be certified before customs clearance (for imported goods) and before show out the market (for products and goods manufactured or assembled), there are 31 types of products, including:
+ Field of road transport: Automobiles, trailers and semi-trailers (15 loại); Motorcycles (01 type), specialized motorcycles (11 types);
+ Railway sector: 04 types.
For 31 products, the goods belong to this category if imported they must be certified according to relevant national standards and technical regulations before customs clearance. For domestically manufactured or assembled products and goods, they must be certified and publicized in conformity with relevant national standards and technical regulations before being marketed.
– The list of products and goods subject to certification or announcement of technical – regulation conformity includes 163 types of products and goods, including:
+ Road transport means, spare parts, including: Automobiles, trailers and semi-trailers (20 types); motorcycles, electric bicycles and bicycles (04 types); four wheel drive engine (01 type); Special-use motorcycles (26 types); spare parts (18 types);
+ Offshore oil and gas exploration and production facilities (04 types), in which, there are fixed platforms in the sea, floating cargoes warehouse, moving scafford, marine pipeline system, oil and gas anchor;
+ Marine field (04 types), including passenger ships, Yachts, ferries, cargo ships, barges, etc., tug boats, pushers, signal boats, rescue ships, etc., other vessels;
+ Domestic waterway means (04 types): passenger ships, yachts, ferries, cargo ships, barges, tugs, push ships, etc.;
+ Domestic water infrastructure (01 type) includes other floating goods (rafts, liquid tanks, bridges, floating floats and signs, etc.);
+ Railway sector (08 types), including specialized vehicles, luggage wagons, post carriages, food wagons, etc.;
+ Industrial products used in transportation and means of exploration and exploitation on the sea (73 types): Glass for ships and equipment for exploration, exploitation of oil and gas, generators of under 50 kVA, transmitters of under 50 kVA, transformers under 50 kVA, plastic, rubber, etc.;
For the above 163 products and goods, if they are imported, they must be certified or declared compatible with the corresponding national standards and technical regulations. Time of inspection and certification is made after customs clearance and before show out to the market. For domestic products, they must be certified or announced according to relevant national standards and technical regulations before being marketed.
The HS code was determined from 15/09/2018. For imported goods, it is the date of opening the customs declaration or the date of arrival or arrival and the date of arrival at the Vietnamese border gate. For products and goods manufactured or assembled in Vietnam, it shall be the date of manufacture.
It can be seen, Circular No. 41/2018/TT-BGTVT issued will contribute to create favorable conditions for export business activities of enterprises, while contributing to strengthen the management. The quality of products imported into Vietnam.
