On 27th, September 2018, Government issued Decree No. 130/2018/NĐ-CP detailing the implementation of E-Transactions Law on digital signature and digital signature certification services. This Decree will comes into force on 15th, November 2018.
The Decree No. 130/2018/NĐ – CP regulation on conditions for licensing digital signature certification services:
1. Conditions on the subject: Business applying for license must be established legally under regulation of Vietnam Law.
2. Conditions on finacial:
– Business escrow at commercial bank operating in Vietnam shall not be less than 05 (five) billion VNĐ to settle the risks and compensations that may occur during operating process and payment of the costs of receiving and maintaining the enterprise’s database in case of revocation of the license;
– The enterprise pays service fees to maintain a complete digital certificate status verification system (in case of re-issuance of a license).
3. Conditions on human resources:
– The members of enterprises dealing in digital signature certification public services must have responsibility for system administration, system operation and issuance of digital certificates, ensuring information safety of the system.
– The members must have university or higher degree, major in information security or information technology or telecommunication.
4. Technical conditions:
– Build technical equipment system to guarantee the requirement of law;
– Having technical plans guarantee the safety of the information system and technical regulations and standards subject to compulsory application;
– Having plan to control access to the headquarters, access to the system;
– Having contingency plans to ensure the maintenance of safe and continuous operation;
– Having offices, places where machinery and equipment are approval.
In summary, Dercee No.130/2018/ND – CP contains many detail and specific provision regulation on conditions for licensing of digital signature certification services, supporting enterprises to have an overall and exact view. Then, enterprise will have good reparation before applying for business service license and dealing in this field.
On 29th, September 2018, the Government issued Decree No.131/2018/NĐ-CP regulation on functions, objects, authorities and organizational structure of the Commission for the Management of State Capital at enterprises. This Decree comes into force from the issued date.
The Decree No. 131/2018/NĐ-CP contains the following new important contents:
Firstly, The Commission for the Management of State Capital (CMSC) which is a agency of government, performs rights and responsibilities of representation of the State owner toward the business which State hold the capital in it.
Secondly, CMSC has the following objects, rights and responsibilities:
– Contruction and implement the overall strategy for investment enterprises development after being approved by the Government;
– Contruction and implement the longtime, five – years, annual plans of CMSC and related program after being approved by the Government;
– Performing objects and rights of representation of the State owner under the regulation of law: Proposing the issuance, amendment and supplement of the charter of the State – owned enterprise; To advise on decisions on state capital investment for the establishment of enterprises; To assume the prime responsibility for, and coordinate with professional agencies in, decisions on reorganization, ownership transformation, dissolution and bankruptcy of enterprises or development investment strategies and plans as well as production and business plans;
– Performing objects and rights of Government’s agency under regulation of law;
– To be responsible for effective utilizing, preservation and increase total State Capital which is invested into the managed business.
– Publicity and transparency in investment, management and utilizing of state capital at enterprises;
– Reporting and explaining to authorities on investment, management and utilizing state capital at enterprise.
In summary, the management of state capital at enterprises is not concerned a lot in several years before. Therefore, it causes the ineffective utilizing of State Capital leading to the losses and deficit the State budget. Besides, at the same time, there are many corruption cases and abuse of State capital at enterprises in many serious cases such as Vinashin, Ocean bank, PVN … Therefore, the establishment of the Commission for the Management of State Capital with specific duties and responsibilities is new advances in enhancing the efficiency of managing state capital at enterprises.
On 24 September 2018, The Prime Minister issued Decision No. 1227/QĐ-TTg on the plan of implementing the Law on Competition. This Decision took effect from the issuance date.
Accordingly, Decision No. 1227/QĐ-TTg regulates on implementation plan for the Law on Competition:
– Thoroughly organize, train, propagate and popularize the contents of the Law and documents detailing the implementation of the Law;
– To review contents of legal documents related to Law on Competition; by themselves or by competent authorities in time to amend, supplement, replace, abolish or promulgate new legal documents, ensure consistency in the legal system on competition. Organizing the review of special documents, Executive written, Guidelines and policies related to competition, administrative decisions are made to ensure that there are no contents that are inconsistent with the provisions of the Law;
– Developing legal documents detailing the contents of the Law;
– Developing, compiling books, uniform documents on competition law for propaganda, law dissemination and education for pupils and students in schools and training establishments.
Như vậy, với kế hoạch triển khai nêu trên Quyết định số 1227/QĐ-TTg của Chính phủ đã và đang hướng tới việc tuyên truyền, phổ biến và áp dụng Luật cạnh tranh một cách đồng bộ, thống nhất. Therefore, with the plan of implementing mentioned on Decision No. 1227/QĐ-TTg of the government has been toward to propagate, disseminate and apply the Law on Competition in a uniform and uniform manner.
On 19 September 2018, the government promulgated Decree No. 124/2018/NĐ-CP amendment and supplement some of articles of Decree No. 63/2011/NĐ-CP on 28 July 2011 Detailing and guiding the implementation of some of articles of the Law on Commercial Arbitration. The Decree took effect from issued date.
Accordingly, Decree No. 124/2018/NĐ-CP has important changes and additions, notably as follows:
– Repeal Article 8.1.d: Removing the composition of the operation registration dossier of the arbitration center for papers proving the operation of the arbitration center;
– repeal components in the operation registration dossier of the branch of the arbitration center at sub-paragraph dd, paragraph 1 Article 10: Documents proving the office of the branch;
– Amendment subparagraph dd paragraph 1 Article 21 For dossiers of establishment of branches of arbitration centers, the composition of dossiers is rejected as the decision to appoint the arbitrator to be the head of the branch;
– Repeal the composition of the branch establishment dossier consists of: A certified copy of the document proving the lawful establishment of the foreign arbitration body issued by a competent foreign body or organization; Introduction of the operation of the foreign arbitration institution; List of arbitrators, expected staff to work at the Branch;
– Amendment paragraph 3 Article 21, accordingly there are only two types of documents for the establishment of representative office: Application for the establishment of a representative office; A certified copy of the Statute of the foreign arbitration institution
– Repeal point b subparagraph d paragraph 2 Article 22 on the composition of the dossier for registration of the branch’s operation, the notification of the establishment of the representative office of the foreign arbitration organization in Vietnam: Documents proving the headquarters of the branch; Decision on the appointment of Branch Manager.
It can be see that, the content has been abolished, amended according to this Decree will contribute to simplify the dossier applying to operate for commercial arbitration center, to facilitate the registration of arbitration centers to facilitate the completion of procedures in accordance with the law. At the same time, contributing to attract foreign arbitration centers to set up branches or representative offices in the territory of Vietnam, this will help the parties have more options for resolving disputes.
On 14 August 2018, Ministry of Natural Resources and Environment promulgated the Circular No. 03/2018/TT-BTNMT adjusting and repealing some of regulations on administrative procedures related to specialized examination within the scope of state management functions of the Ministry of Natural Resources and Environment, in which, includes procedures for granting certificates of eligibility for environmental protection in the import of discarded materials. This Circular will be effective on 01 October 2018.
Accordingly, Circular No. 03/2018/TT-BTNMT has important adjustments and supplements regarding the procedures for granting certificates of eligibility for environmental protection in the import of discarded materials for using as raw materials for production are specified as follows:
– The dossiers of application for certification shall be issued to individuals or organizations that directly use discarded materials as raw materials for production (collectively referred to as records), only a report on conditions for environmental protection in the import of scrap materials as production materials instead of seven reports as before;
– No request for enterprise registration certificate or certificate of business, certificate of tax code registration must have in the dossier to request for granting Certificate of satisfaction of environmental protection conditions in the import of discarded materials;
– Organizations, individuals allowed to import discarded materials may apply the dossier in National one gate portal;
– Duration of Confirmation of Eligibility Certificate on protecting environment in importing discarded materials for using as raw materials for production increasing from 02 years to 03 years from the granted date by Ministry of Natural Resources and Environment.
By detailed and specific regulations, Circular No. 03/2018/TT-BTNMT expected to create favorable conditions in many aspects for individual and organization who intend to directly use scrap materials for production, it also contributes to the reform of national administrative procedures.
On 23 August 2018 Ministry of Agriculture and Rural Development promulgated Decision No. 3346/QĐ-BNN-TCCB adjusting assignment of specialized inspection tasks for a number of products and goods imported before customs clearance under the State management scope of the Ministry of Agriculture and Rural Development. The Decision will be effective from 01 October 2018.
Accordingly, Decision No. 3346/QĐ-BNN-TCCB adjusting assignment of specialized inspection tasks for a number of products and goods as follows:
1. Department of Plant Protection:
– Perform simultaneous quarantine and quality control of animal feed, aquatic feeds of plant origin imported prior to customs clearance according to the provisions of law;
– Perform quarantine cocoon insect in accordance with the law.
2. Department of Animal Health: Perform simultaneous quarantine and quality control of animal feed, aquatic feeds of animal origin imported prior to customs clearance under the law.
It can be seen that, Decision No. 3346/QĐ-BNN-TCCB was promulgated aim to improve the cooperation among agencies in quality management of products and goods prior customs clearance, as well as clearly split of jurisdiction when implementing administrative procedures in this area.
On 24 September 2018, the government promulgated the Decree No. 128/2018/NĐ-CP amendment and supplement some articles of Decrees on the condition of investment, business in the inland waterway field. This Decree took effect from the issuance date.
Accordingly, Decree No. 128/2018/NĐ-CP has new content as follows:
First, only Enterprises, Cooperatives established under the provisions of relevant laws may trade in inland waterway transportation; Individual households will not be eligible for this activity.
For units engaged in passenger transport business on inland waterways before the effective date of this Decree, they will still exercise trading.
Therefore, from 24 September 2018, units engaged in passenger transport business on inland waterways transportation force to establish Enterprises, Cooperatives under the law.
Second, the material facilities for the seafarer training service business unit, inland waterway transport drivers must conform to the national technical regulations on corresponding material bases as follows: specialized classrooms, examination rooms; Workshops; Practical teaching and driving area.
Third, supplement with the object is Cooperatives which is also allowed to trade on new building, conversion, repair and rehabilitation of inland waterway means, instead of the former, only enterprises are allowed to conduct this activity
Thus, from 24 September 2018, the regulation relevant to the conditions to business in inland waterway field has many changes to stricter regulations on conditions to improve safety and quality in this field.
On 10/09/2018 Prime Minister promulgated Decision No. 39/2018/QD-TTg amending and supplementing a number of articles of Decision No. 37/2011/QD-TTg dated 29/06/2011 of the Prime Minister Government on the mechanism to support the development of wind power projects in Vietnam. This decision will take effect from 01/11/2018.
Accordingly, the price of electricity for grid-connected wind power projects in Vietnam has been amended as follows: The buyer is responsible for purchasing all electricity from wind power projects at the purchase price of electricity at the delivery point. electricity as follows:
– For wind power projects in the mainland: The electricity purchase price at the electricity transmission point is VND 1,928/kWh. Electricity purchase prices are adjusted in accordance with the exchange rate of VND/USD;
– For wind power projects on the sea: The electricity purchase price at the electricity transmission point is VND2,223/kWh. Electricity purchase price is adjusted by the exchange rate of VND/USD.
The above purchase price applies to a part or all of the grid connected wind power plants having a commercial operation date before November 1, 2021 and shall be applied 20 years from the date of commencement of commercial operation.
Thus, Decision No. 39/2018/ QD-TTg issued for the purpose of strengthening the support mechanism for investors in wind power projects in Vietnam, thereby attracting investors. This will facilitate the development of clean energy activities in Vietnam in the future.
