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Legal answers
New regulations on ensuring safety and security of information technology systems in banking activities
Answered

On 21 August 08 2018, State bank governor promulgated Circular No. 18/2018/TT-NHNN replaces Circular No. 31/2015/TT-NHNN dated 28/12/2018 providing for assurance of information systems safety and security in banking operations. This Circular will take effect from 01 January 2019.
Accordingly, Circular No. 18/2018/TT-NHNN, process information, archive through the system information with the secret type as follows:
– Public information is information that is publicly available to all persons without identifying the identity or specific address of such persons;
– Internal information is the information of the organization which is assigned the right to manage or exploit one or a group of objects in the organization that is identified.;
– Confidential information is information: (i) Ranked at the confidentiality level of the organization and restricting the audience; Secret, top secret under regulation of the law on protecting state secret.
The minimum information security regulations cover the following basic contents: Asset management information technology; Human Resource Management; ensure the physical and environmental safety of installation; operation management and information exchange; access management; To manage and use information technology services of third parties; Management of receiving, developing, maintaining information systems; information safety management; to ensure continuous operation of the information system.
Requirements for the information system of the organization providing online transaction services to customers: Ensure the integrity of the data exchanged with customers in online transactions; Data on the transmission line must be confidential and must be transmitted in full, in the correct address and safeguarded to avoid unauthorized modification or duplication; Online transaction sites must be subject to the application of measures to counter fraud and prevent or combat unauthorized modification.
Authentication of customer transactions must be done directly in the information system of the organization. Where an organization uses third-party authentication services, the organization must manage at least one authentication element.
The online transaction service system must be applied to closely monitor and detect and warn about: Suspicious transactions are based on minimum criteria: transaction time, place of transaction (geographical location, network IP address), transaction frequency, amount of transaction, number of incorrect times.
To provide guidance on measures to ensure information safety and risk warnings for customers before participating in the online and periodical service.
As can be seen, Circular No. 18/2018/TT-NHNN was issued to update the new regulations of the Law on Information Security and guiding documents, simultaneously adjust the security requirements in accordance with the rapid development, the diversity of information technology and information security situation in the banking industry.

Guidance on the procedures for granting class-I construction practice certificates
Answered

On 22 August 2018, the Ministry of Construction issued Decision No. 1155/QD-BXD announcing the amended and supplemented administrative procedures; Administrative procedures are abolished in the field of construction activities within the scope of state management functions of the Ministry of Construction. This decision takes effect on September 15,
Accordingly, Decision No. 1155/QD-BXD abolished administrative procedures at the central level:
– Post information on the capacity of organizations and individuals involved in construction activities;
– Grant/re-grant/adjust or supplement the contents of class-I capacity certificates in the domains of construction expertise and construction investment management;
– Grant/re-grant/adjust or supplement the contents of class-I certificate certificates in the domains of construction expertise and management of construction investment expenses.
In addition, the decision abolished the following provincial administrative procedures:
– Issue/re-grant / adjust or supplement the contents of capacity certificates of grades II and III in the fields of construction inspection and management of construction investment costs;
– Issue / re-classify / adjust / supplement the contents of class-II and grade-III practice certificates in the domains of construction expertise and management of construction investment costs.
Decision No. 1155 / QD-BXD is expected to contribute to limiting bureaucratic procedures, reducing difficulties for investors in completing administrative procedures, promoting and attracting houses investment in the field of construction.

Legal news No. 34/2018
Answered

Abolish the rule that parents must declare the ID number on the child’s prescription
Answered

On 22/08/2018, the Ministry of Health issued Circular No. 18/2018/TT-BYT amending and supplementing some articles of Circular No. 52/2017/TT-BYT dated 29/12/2017 stipulates Prescription drugs and prescription drugs in the outpatient treatment. This Circular will come into force on 15 October,
Accordingly, Circular No. 18/2018/TT-BYT will remove the requirement to enter the identity card or citizen identification number of the parent or guardian on the prescription of children under 06 years. Instead, indicate the age, weight, parent or guardian name of the child. From October 15, 1818, the Ministry of Health will officially apply new drug forms instead of the previous prescriptions.
In addition, this Circular also stipulates the prescription of addictive drugs must be performed by doctors at medical examination and treatment establishments with inpatient beds. The maximum prescription drug dose is 10 days. At the same time, the pharmaceuticals of hospitals must supply addictive drugs for out-patients in cases where there are no establishments selling narcotic drugs in the districts, towns or provincial cities.
It can be seen that Circular No. 18/2018/TT-BYT was issued to minimize the shortcomings in the practice of prescribing and selling medicines to physicians and parents through better management of activities. This is especially the case for antibiotic sales and abuse.

Strengthen the management and connection of drug supply establishments
Answered

On August 23, 1818, the Prime Minister promulgated Directive No. 23/CT-TTg on enhancing the management and connection of drug suppliers. This Directive shall enter into force on the date of its publication.
In that way, the Prime Minister has stated that Vietnam’s drug supply and distribution system has expanded to meet the demand of supplying drugs to the people.
However, the supply of medicines is still inadequate, highlighting the situation of buying and selling drugs of unknown origin, counterfeit medicines, poor quality medicines; The illicit drug trade, especially the sale and use of non-prescription antibiotics, has led to an alarming degree of antibiotic resistance.
The cause of this situation is the management of drug supply facilities are not effective, there is no effective tool to help people know the information, origin, quality of medicine, prices as well as help State management agencies in inspecting and controlling drug trading activities on the market.
In order to rectify this situation, the Prime Minister requests the Ministry of Health to expeditiously implement measures to unify State management over drug distribution systems to ensure benefits for patients and people. To organize the connection of drug-supplying establishments nationwide from September, 2018; In 2018, it shall be completed for establishments trading in medicines, drugstores and commune medical stations; Strive for 2019 completion for drug counters.
Together with the implementation of the above contents, the Prime Minister also requested the Ministry of Health to complete the guideline, training in writing or video …, ensuring that all organizations and individuals were instructed detail, not allow any facilities not connected due to lack of training, guidance; To issue regulations on the prescription of electronic medicines in synchronization with the connection of drug-supplying establishments to ensure the control of drug prescriptions and sale of prescription drugs; Frequently synthesizing, updating and enhancing dissemination of information on drug products, indications, uses, dosages, origin and prices through the national drug database.
In addition, the Prime Minister also requested the People’s Committee of the province and city directly under the Central Government to direct the connection of drug suppliers, strengthen the management of drug wholesale and retail establishments in the area and implement To prescribe or sell prescription drugs according to regulations; To intensify propaganda activities on the mass media, the grassroots information system on the connection of drug-supplying establishments, the intensification of the management of drug wholesale and retail establishments, the purchase and use of prescription drugs; To intensify the inspection and examination of the connection and the prescription and sale of prescription drugs.
It can be seen that, through Directive No. 23/CT-TTg, the Prime Minister has instructed in detail to improve the management of drug suppliers, To develop linkages between drug suppliers throughout the country, and to develop effective tools to help people know the information, origin, quality of drugs, prices and help authorities The State in inspecting and controlling drug trading activities in the market.

Regulation on the operation of the National Committee for e-Government
Answered

On 28 August 2018, The National Committee for E-Government has issued the Decision No. 336/QĐ-UBQGCPĐT promulgating the Regulation on the operation of the National Committee for E-Government. This Decision took effect from the date of its promulgation.
Accordingly, Decision No. 336/QĐ-UBQGCPĐT has specific content highlights as follows:
1. In principle of operation:
The National Commission on E-Government works on the principle of democracy, publicity and is decided by the Chairman of the Committee and is decided by the President of Committee; The Committee and its members do not change the functions and tasks of agencies and heads of agencies in the State administrative system. At the same time, the personal responsibility of the Committee members in the activities of the Committee and in the performance of their assigned duties and responsibilities; To handle affairs strictly according to their assigned competence and responsibility, according to the order and procedures prescribed by law.
Members of the Committee actively handle work during the implementation of construction and development tasks of e-Government; security protection, exchange information in the job resolution by the tasks, tasks, permissions. The Committee meets once a quarter
In addition, Committee members and working groups work on a concurrency basis. The Chairman or Vice Chairman of the Committee shall periodically or extraordinarily work with members of committees and working groups to listen to the situation report and direct the implementation of the Committee’s work programs and plans. Commissioners are authorized to assign the focal point to chair and mobilize the contingent of cadres and civil servants of their agencies and units in the performance of their tasks assigned by the Chairman and Vice-Chairmen of the Committees.
2. On the responsibility of the head:
Heads of ministries, branches and localities must thoroughly grasp the contents of the direction of the Commission to urge, implement construction, e-government development, the electronic administration of the agencies, branches and domains under their charge, and to be subject to the supervision and inspection by the Commission of the implementation of these contents
Collaborate with the proposed Task Force, recommend mechanisms, Policies and solutions to promote construction, develops e-government. To direct units under their respective ministries, branches and localities to closely coordinate with the task force in performing the assigned tasks.
The heads of the ministries, branches and localities shall have to direct the implementation of the tasks of building and developing e-government, e-government in their respective agencies, branches, domains, and localities. To be answerable to the Government and the Prime Minister for the performance of their assigned tasks. To carry out the information and reporting regime in accordance with regulations and requirements of the Commission.
It can be seen that the promulgation of the Regulation on the operation of the National Committee for E-Government is expected to contribute to orienting the operation of the Committee, thereby contributing to the implementation of the objectives, tasks and solutions for building and developing e-government to the digital economy, digital economy and digital society.

The Prime Minister decided to establish the National Committee on Government electronic
Answered

On 28 August 2018, the Prime Minister promulgated Decision No. 1072/QĐ-Ttg on establish the National Committee on Government electronic to step up the application and development of information technology to meet the requirements of sustainable development and international integration. This Decision taked effect on 28 August 2018.
Accordingly, Decision No. 1072/QĐ-Ttg guides to promote the development and development of e-Government towards the digitization Government; create profit for the implementation of the network development this 4th at Vietnam content details:
1. Function of the committee: Studying and proposing to the Government and the Prime Minister policies, strategies, mechanisms and policies to create a legal environment to promote the development and development of e-Government towards the digitization Government, digital economy and digital society; Facilitating the implementation of the 4th Industrial Revolution in Vietnam.
2. Organizing committee activities: To set up a working group to assist the Committee Chairman (hereafter called Task force) located at the Office of the Government by the Minister, Director of the Office of the Government, Secretary General of the Committee as Team Leader; The Deputy Minister is the Minister of Information and Communications and the Director General of the Department of Administrative Procedure Control, the Office of the Government.
Therefore, Decision No. 1072/QĐ-Ttg issued in the current period to implement the objectives, tasks, and solutions to build and develop e-government to the Government, digital economy, and digital society.

To issue new regulations on capital reduction and transfer of the capital of State enterprises
Answered

On 16 July 2018 the Ministry of Finance promulgate the Circular No. 59/2018/TT-BTC amending and supplementing some artichles of Circular No. 219/2015/TT-BTC on 31 December of the Ministry of Finace guidelines for a number of contents of the government’s Decree no. 91/2015/ND-CP dated October 13, 2015 regrading the investment of state capital in enterprises, use and management of capital and assets in enterprises. This Circular takes effect on September 1, 2018.
Accordingly, Circular No. 59/2018/TT-BTC promulgates detailed guidance on the increase and decrease of state capital invested in enterprises as follows:
1. State-owned enterprises shall record the increase of state capital in enterprises (Investor’s capital) and adjust the charter capital in the enterprise registration Certificate under the provisions of the Enterprise Law
To use the development investment fund at enterprises to supplement the charter capital. An enterprise shall base itself on the plan on supplementing its charter capital or the decision on supplementation of its charter capital already approved by a competent authority to account for the increase of its investment capital.
2. For enterprises to adjust the charter capital reduction: The representative office of the owner shall base on the practical situation of the enterprise, the need to reduce the operational scale of the business, The principle of determining the charter capital of a State enterprise that regulation in paragraph 1 Article 19 Decree No. 91/2015/NĐ-CP to determine the reduced charter capital and report to the Prime Minister for the decision on the reduction of the charter capital.
Therefore, Circular No. 59/2018/TT-BTC is issued to detailed guidance on some aspects of state capital investment in enterprises and financial management issues for state-owned enterprises in order to avoid unreasonable transfer of capital in the current period.

New regulation on enterprise registration
Answered

On 23 August 2018, the Government promulgated Decree No. 108/2018/NĐ-CP amendment and supplement some of articles of the Decree No. 78/2015/NĐ-CP on enterprise registration. This Decree will take effect on 10 October 2018
Accordingly, Decree No. 108/2018/NĐ-CP stipulates the new content which is relevant to the enterprise registration procedures, specifically as follows:
Firstly, enterprises are not required to affix their seal in the application for enterprise registration. To announce changes in enterprise registration contents, resolutions, decisions and minutes of meetings in the enterprise registration dossiers.
Secondly, in case of competent person signs the written request for registration of the enterprise that authorizes other organizations or individuals to carry out procedures related to enterprise registration, such authorization shall not be required to be notarized, authentication.
Thirdly, an individual business household can be transformed into an enterprise. This procedure will be conducted at the Business Registration Office where the enterprise is located, the business registration office is responsible for linking/contacting the district business registration office which has issued the household business registration certificate to complete the procedure.
Fourthly, enterprises have the right to set up business locations outside their registered head offices and not mandatory for a business household to only set up a business location in the province or at the central level city where the enterprise locates its head office or branches as before.
Fifth, the implementation of procedures for notification of seal forms via the electronic network, enterprises shall not have to submit dossiers notifying seal specimens by paper to the Business Registration Office
Sixth, the enterprise has the responsibility to make a notice of change of information of founding shareholders (due to founding shareholders do not pay or only partial payment of the number of shares registered to buy upon establishment of the enterprise) within 30 days from the end of payment term enough the number of shares which registered to buy.
Therefore, Decree No. 108/2018/NĐ-CP amended and supplemented some detail of content about enterprise registration, Especially for regulations that were previously unclear and inconsistent, causing difficulty in applying between competent agencies and enterprises when carrying out these procedures.

Legal news No. 33/2018
Answered