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6 leading economic sectors in Central region
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Legal answers
Approve the Government Network Information Security Surveillance Project
Answered

On August 14, 2018, the Prime Minister issued Decision No. 1017/QD-TTg approving the project on monitoring information safety of technology systems and services for the e-government of Vietnam until 2020, orientating to 2025. It is expected to take effect from August 14, 2018.
Accordingly, the orientation to 2025, to expand the scope, improve the capacity of network security monitoring, information system security (referred to as network information security monitoring) for the Security Monitoring Center for all information of the national network at Vietnam Computer Emergency Response Team (VNCERT) and other ministries, ministerial-level agencies, provinces and centrally-run cities, (Internet service providers-ISP) to enhance the ability to detect and alert early, timely and accurately on events, incidents, signs, behavior, malicious code, vulnerabilities, and gaps which can cause the loss of information security for information systems and technology services for e-government (information system for e-government).
Besides, according to the scheme, by 2020, it will be possible to set up a system network of information security surveillance nationwide, ensuring the linkage, and close & effective coordination between network security centralized monitoring center.
Thus, it can be seen that the approval of the Information Security Surveillance Project for IT systems and services for e-Government to 2020 with orientation to 2025 is very meaningful and important, especially in the present stage. This will help to detect and alert early, timely and accurately on events, incidents, signs, behavior, malicious code, vulnerabilities, and gaps which can cause unsafety of information security for information systems and technology services for e-government

The plan for the implementation of the one-stop shop mechanism in intercommunication of administrative procedures
Answered

On 08 August 2018, Prime Minister of the government promulgated Decision No. 985/QĐ-TTg on implementation plan of Decree 61/2018 / ND-CP dated 23/04/2018 of the Government on the implementation of “one-stop shop” in solving with administrative procedures.
Accordingly, the plan focuses on four main areas as follows:
1. Formulate and promulgate legal documents, guidelines and related documents in the implementation of Decree 61/2018 / ND-CP
2. Establish and consolidate organizational structure, responsibilities, powers and office layout and equipment of one-stop shop in levels
3. Deploying information technology applications to meet the requirements of implementing the one-stop shop, one-stop shop mechanism in settling administrative procedures;
4. Organize thorough training, propaganda, dissemination, inspection and supervision of the implementation of Decree 61/2018 / ND-CP and this plan.
Besides,the Prime Minister also requires Ministers, Heads of ministerial-level agencies, Chairman/Chairwoman People’s Committee of the provinces and cities directly under the Central Government to exercise the tasks as follows:
– Direct and promulgate the implementation plan of Decree 61/2018 / ND-CP of the Ministry, agencies, and localities;
– Direct receiving organizations, handling administrative procedures at the one-stop shop in the direction of improving the rate of implementation on the spot receipt, appraisal, approval, and return of results, guaranteed at the Center for Public Administrative Reform, on-the-spot with at least 20% of frequently filed administrative procedures; On-site district-level one stop shop at least 50% of the administrative procedures are regularly generated.
It can be seen that, Decision No. 985/QĐ-TTg has been promulgated by Prime Minister is necessary and timely. Through The implementation of Decree 61/2018/ND-CP will be one of the key tasks of the 2018-2020 period, ensuring efficiency, practicality, accuracy and progress.

Incentive policy for development of linkages in production and consumption of agricultural products
Answered

On 05 July 2018 the government promulgated Decree No. 98/2018/NĐ-CP regulates on incentive policy for development of linkages in production and consumption of agricultural products. This Decree will tale effect om 20 August 2018.
Accordingly, Decree No. 98/2018/NĐ-CP has some new points are paying attention as follows:
1. Development of linkages in production and consumption of agricultural products
The Decree regulates a linkage leader may receive a subsidy as 100% of cost of hiring consultants for establishing a linkage, including consultancy for formulating linkage contract, linkage project, business, production and market development plans, provided it shall not exceed VND 300 million
A linkage project may be eligible for getting a subsidy from state budget as 30% of total investment in machinery, equipment and construction of infrastructural facilities serving the linkage, including workshops, warehouses or yards serving the production, preparation, storage, processing and consumption of agricultural products. Total subsidy shall not exceed VND 10 billion
Funding and specific amounts of subsidies specified in Clause 1 of this Article shall conform to plans, programs and projects of the National target program for building new-style rural areas, the National target program for agricultural restructuring, disaster preparedness and mitigation, and community living stabilization, and other programs and projects
2. Subsidies on agricultural extension, training
In addition to subsidies on construction of infrastructural facilities serving the linkage, the participants in a linkage may get subsidies from state budget for performing to stablish agricultural extension model; Providing vocational training, technical training, training in managing skills, production techniques, capacity for managing contracts, value chains and market development; Subsidies on breeds, materials, packaging and labeling of agricultural products for not more than 03 crops or 03 production cycles through concentrated services of a cooperative; State budget gives a subsidy equal to 40% of cost of transfer and application of advanced techniques, and uniform chain-based application of technical process and quality management. I
Funding, specific amounts and mechanism for getting subsidies as specified in Point a, Point b Clause 1 of this Article shall conform to programs and projects on agricultural extension; vocational training programs in agriculture for unskilled workers; policies on personnel training of cooperatives, and other programs and projects.
Funding, specific amounts and mechanism for getting subsidies specified in Points c, d Clause 1 of this Article shall conform to the National target program for building new-style rural areas, and other programs and projects.
3. Eligibility requirements for subsidies
Theo Nghị định, các bên tham gia liên kết được hỗ trợ phải đáp ứng đồng thời các điều kiện sau: Accordingly, the participants in a linkage must satisfy all of the following requirements
– The linkage is conformable with the local socio – economic development plan;
– There is a certification of compliance or a commitment to comply with law regulations on product quality, foods safety, disease-free status and environmental protection;
– The stability of a linkage must be ensured: With regard to agricultural products with an agricultural or production cycle of 01 year and above, the linkage period must be at least 05 years; With regard to agricultural products with an agricultural or production cycle of less than 01 year, the linkage period must be at least 03 years.
– The linkage project or the proposal for subsidies for the linkage has been given approval by a competent authority.
Therefore, it can be seen that Decree No. 98/2018/NĐ-CP specifically provided on the development of linkages in production and consumption of agricultural products. Through that to create an advanced condition for the personal products, produce output and quality, provide the general development of the Agriculture of the water home

New regulations on Inspection of impurities in shrimps and shrimp products
Answered

On 10 July 2018, the Ministry of Agriculture & Rural Development promulgated Circular No, 07/2018/TT-BNNPTNT provides on Inspection of impurities in shrimps and shrimp products. This Circular will take effect on 24 August 2018.
Accordingly, the Circular No. 07/2018/TT-BNNPTNT specifically regulates about inspection of impurities in shrimp by regular inspection and unexpected inspection as follows:
– The inspection team shall announce the inspection decision to the representative of the establishment when conducting the inspection. In case of violation information on impurities being made or exhibits being kept at the establishments, the inspection team immediately carry out on-spot inspection, then announce the inspection decision;
– Inspection for impurities in shrimp;
– The inspection team shall make a written record and notify the representative of the establishment of the inspection results. In case detection of impurity violations, the inspection team or inspector in case that they are assigned the independent inspection, they shall make records on administrative violations according to their competence, for acts of violation
Besides, this Circular also specifically regulated when the inspection team detects the impurity violation or concludes that the shrimp lot contains impurities, the leader of the inspection team check and make an administrative violation record; To seal material evidence and means used in administrative violations; To report to the heads for the issuance of decisions on the temporary seizure of material evidence and/or means of violation within 24 hours after sealing up
Circular No. 07/2018/TT-BNNPTNT is expected to remove the obstacles to implement of the inspection of impurities in the shrimp of the inspection teams, the agencies that are responsible for inspection and regular inspections. It will guarantee the quality of shrimp products are exported to international market standards.

Legal news No. 31/2018
Answered

Provisions on activities of notifying, sending and supplying information and documents related to offenders
Answered

On June 25, 2018, Ministry of Public Security – Supreme People’s Procuracy – People’s Court promulgated Inter-agency Circulars No. 05/2018/TTLT-BCA-VKSNDTC-TANDTC provides on cooperation to notify, send and supply information and documents related to offenders. This Inter-agency Circulars takes effect on August 08, 2018.

Accordingly, Inter-agency Circulars No. 05/2018/TTLT-BCA-VKSNDTC-TANDTC has specifically guilt on responsibility of agencies for notifying about offenders’ information and documents which was notified, sent to competent agencies solving cases as follows:

The People’s Courts shall have to notify and send the following information and documents to the professional dossier body of the Public Security Service:

  • Decisions on detention, Decision to cancel detention measure, Decision to replace detention measure;
  • A court’s first-instance judgment, appellate judgment
  • Criminal decision of cassation or re-opening court hearings and meetings
  • Decision on enforcement of imprisonment sentences, decisions on reduction of term of serving imprisonment sentences, exemption from imprisonment sentences;
  • Decision on postponement of the serving of imprisonment sentence, suspension of serving the imprisonment penalty;
  • The decision to release the prisoner before the expiration of the condition; The decision to cancel the release decision before the expiration of the conditional period;
  • Decision on compulsory treatment; The decision to suspend the application of compulsory medical treatment;
  • Decision on remission of criminal records, The State President’s decision on the application for death penalty reduction
  • Decision to execute the death penalty; Death sentence execution.

Besides, this Inter-agencies Circular also specifically regulates about kinds of information, document which related to offenders provided by investigation authorities of People’s police force, Investigating body of the Supreme People’s Procuracy, Supreme People’s Procuracy take responsible to notify and send to The professional police office; The types of information and documents which the Public Security Service’s job-providing body has the responsibility to provide to the bodies with procedure-conducting competence.

By regulations with specific guidance Inter-agency Circulars No. 05/2018/TTLT-BCA-VKSNDTC-TANDTC has made clear the responsibilities of each agency in coordinating notification, To provide information and documents related to offenders, to ensure the lawful rights and interests of offenders and at the same time contribute to ensuring that the settlement of the cases is smooth and without problems in procedural matters.

Increase the monthly allowance for commune officials who have resigned
Answered

On June 28, 2018, the Ministry of Home Affairs promulgated Circular No. 08/2018/TT-BNV guidance amending the monthly allowance from July 01, 2018 for commune officials who have resigned according to Decision No. 130-CP of June 20, 1975 of the Government Council. This Decree shall come into force from August 15, 2018.

Accordingly, Circular No. 08/2018/TT-BNV has amended the monthly allowance for old-age commune officials who have resigned in accordance with the law will be increased by 6.92% of monthly allowance, as follows:

  • For person who was party committee secretary, chairman of commune People’s committee: 1,974,000 dong/month;
  • For person who was Deputy Secretary of party committee, vice president, standing Party Committee, Member of the Secretariat of People’s committee, secretary of commune People’s Council, Commissar, Commune police chief: 1,910,000 dong/month.

It can be seen that Circular No. 08/2018/TT-BNV has timely adjusted, thereby it has shown interest, recognition of the state for the life of the cadres who resigned, at the same time contribute to improve quality of life and social security of the people.

New guidelines on adjusting pensions and social insurance allowance
Answered

On June 29th 2018, the Ministry of Labor, Invalids and Social Affairs (MOLISA) issued the Circular No. 05/2018/TT-BLDTBXH guiding the adjustment of pensions, social insurance benefits and monthly allowance to the subjects defined in Clauses 1, 2, 3 and 8, Article 1 of Decree No. 88/2018/ND-CP issued by the Minister of Labor, War Invalids and Social Affairs. The Circular No. 05/2018 / TT-BLDTBXH will be effective from 15th August 2018

Accordingly, as from July 1st, 2018, the level of pensions, Social Insurance (“SI”) and monthly allowances (below referred to as “benefit levels”) will be adjusted in the upward trend, detailed as follows:

Firstly, the objects to be applied include:

  • Cadres, officer, workers, civil servants, laborers, military personnel, people’s policemen and caliber workers who are enjoying monthly pensions;
  • Officials of communes, wards and townships defined in Decree No. 92/2009/ND-CP of October 22th, 2009, Decree No. 121/2003/ND-CP dated on October 21st, 2003 and Decree No.09/1998/ND-CP dated on January 23rd, 1998, enjoying monthly pensions and allowances;
  • Persons who are receiving monthly disablement pension; Those who are receiving monthly allowances under Decision No.91/2000/QD-TTg of August 4th, 2000, Decision No. 613/QD-TTg dated on May 6th, 2010; Rubber workers are receiving monthly allowance;
  • Persons who are receiving monthly labor accident or occupational disease allowances.

Second, the increasing level:

  • The level of pension, social insurance and monthly allowance of the above mentioned beneficiaries was increased by 6.92% compared to the level of pension, social insurance and monthly allowance of 06/2018. Specifically:
  • The level of pension benefits from July 2018 = The level of pension benefits in June, 2018 x 1,0692

Therefore, As of July 1st, 2018, the level of pensions, social insurance benefits and subsidies will be adjusted in an incremental manner, which is a necessary adjustment in accordance with the fluctuation of market prices, volatility of the Vietnamese economy today

Amendment and supplement a number of regulations on charge collection in the field of natural resources and environment
Answered

On June 25, 2018, The Ministry of Finance promulgated Circular No. 55/2018/TT-BTC amending and supplementing a number of regulations on charge collection in the field of natural resources and environment. This Circular came into force on August 10, 2018.

Accordingly, Circular No.55/2018/TT-BTC have e some specific amendments and supplements as follows:

  • The organization collecting fees for assessment of eligibility for environmental monitoring services is the General Department of Environment under the Ministry of Natural Resources and Environment, replacing the Center for Environmental Monitoring under the General Department of Environment, the Ministry of Natural Resources and Environment;
  • The organization charged with evaluating dossiers for Genetically modified biosafety certificate is the General Department of Environment under the Ministry of Natural Resources and Environment, replacing the Department for Conservation of Biodiversity under the Vietnam Environment Administration – the Ministry of Natural Resources and Environment;
  • Organizations collecting charges for exploitation and use of geological and mineral resources shall be the Information and Archival Information Center and the Geological Journal under the General Department of Geology and Minerals of Vietnam, the Ministry of Natural Resources and Environment;
  • Organizations collecting charges for the exploitation and use of geodesic and cartographic data information include: The Center for Geodesy and Mapping Information, the Southern Geographical, Map and Information Sub-Department under the Geographical, Mapping and Geographic Information Department of Vietnam, the Ministry of Natural Resources and Environment; Units having the function of receiving, storing, managing and providing information on geodesic and cartographic data under the Department of Natural Resources and Environment;
  • Organize the collection of charges for the exploitation and use of hydro-meteorological information and data, including: the Hydrometeorological and Meteorological Center, the Hydrometeorological and Information Center, the Hydrometeorological and Hydrological Survey The regional hydro-meteorological station belongs to the General Department of Meteorology and Hydrology, Ministry of Natural Resources and Environment
  • Organizations collecting charges for certification of satisfaction of environmental protection conditions in the import of discarded materials as production raw materials are the General Department of Environment directly under the Ministry of Natural Resources and Environment and the provincial / municipal Natural Resources and Environment Services of province and central cities.

By specific regulations, Circular No.55/2018/TT-BTC had important amendments and supplements, thereby creating favorable conditions for paying agencies, organizations and individuals to exercise their rights and perform their obligations; At the same time, ensuring transparency in the management and use of fees in the field of natural resource and environment is ensured

 

New regulations on rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body
Answered

On June 25th, 2018, The Ministry of Finance promulgated Circular No 56/2018/TT-BTC prescribing rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body. This Circular came into force from August 10, 2018.

Accordingly, rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report is regulated specifically as follow:

No.

Total of investment capital

(billion dongs)

Rate of fee applied to Project Groups (million dong)
1 2 3 4 5

6

1 10 or less 8,0 8,6 8,8 9,2 9,6 6,0
2 From greater than 10 to 20 12,5 13,0 13,5 14,0 15,0 9,0
3 From greater than 20 to 50 21,0 22,0 22,5 23,0 24,0 15,0
4 From greater than 50 to 100 37,5 38,0 39,0 41,0 43,0 27,0
5 From greater than 100 to 200 41,5 42,0 43,0 45,0 47,0 30,0
6 From greater than 500 to 500 54,0 55,0 56,0 59,0 62,0 39,0
7 From greater than 500 to 1000 61,0 62,0 63,5 66,0 69,0 44,0
8 From greater than 1000 to 1,500 65,0 67,0 68,5 72,0 75,0 48,0
9 From greater than 1,500 to 2,000 67,0 68,0 70,0 73,5 76,5 49,0
10 From greater than 2,000 to 3,000 70,0 71,0 73,0 76,0 79,0 51,0
11 From greater than 3,000 to 5,000 72,5 74,0 76,0 79,0 82,0 53,0
12 From greater than 5,000 to 7,000 77,0 78,0 80,0 84,0 87,0 56,0
13 Greater than 7,000 84,0 86,0 88,0 92,0 96,0 61,0

Accordingly, Rate of collection of fees for the re-appraisal of the environmental impact assessment report shall be equal to 50% of the respective rate of initial collection of fees stated in the abovementioned Schedule

The fee-paying person refers to any agency, organization or individual requesting the central competent authority to carry out the appraisal of the environmental impact assessment report.  The fee-paying person shall pay appraisal fees during the period from the date of submission of the request for appraisal or re-appraisal to the date before convening of the Appraisal Board.  Appraisal fees shall be directly paid to fee-collecting organizations, or transferred to the transactional accounts for remittance to the state budget which are opened at the State Treasury.

Fee-collecting organizations shall remit 100% of fees collected to the state budget. Funding for appraisal and fee collection activities shall be arranged in the budget estimate of each fee-collecting organization according to the state budget spending regime and allowance prescribed by law.

In cases where a fee-collecting organization is a state regulatory body of which overheads are covered by the advance lump sum financed by sources of fees collected under the provisions of Clause 1 Article 4 of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 specifying and guiding the implementation of a number of articles of the Law on Fees and Charges, it may retain 90% of total actually collected amount of appraisal fees for appraisal and fee collection, and must pay 10% of the amount of fees collected to the state budget.

It can be seen that by regulations in Circular No 56/2018/TT-BTC, the government has specifically guided about rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body. Thereby creating favorable conditions for agencies, organizations and individuals to pay fees to exercise their rights and obligations. At the same time, the transparency in the management and use of fees for appraisal of environmental impact assessment reports shall be verified by central agencies.