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Legal answers
Regulation for the list of potentially unsafe products and goods under the State management responsibility of the Ministry of Communications and Transport
Answered

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.

Revision of management regulations Holders of positions at the Ministry of Defense enterprises
Answered

On July 24, 1818, the Ministry of Defense issued the revised Circular 105/2018/TT-BQP, amending and supplementing a number of articles of Circular No. 147/2016 / TT-BQP dated 21/09/2016 of the Minister of Defense prescribing the management of title holders, position at the State-owned enterprises, the Ministry of Defense manages and Representatives of joint-stock companies with state capital holding more than 50% of the charter capital appointed by the Ministry of Defense. This Circular takes effect on September 8, 2018.
Accordingly, Circular No. 105/2018/TT-BQP has notable amendment and supplement as follows:
1. Provisions on concurrently holding managerial positions and titles:
Persons appointed as chairmen of the Members’ Council, Company president: a- Not a cadre working in the Ministry of Defense’s budgeting unit; In case of appointment of officials working in the estimating units, decisions on transfer or transfer of work must be made; b- Not to concurrently hold the post of General Director, Director or Controller in corporations, companies and other businesses, unless otherwise provided for by law; c- Not to concurrently hold managerial or executive posts in corporations or member of company.
Persons appointed to hold the post of member of the Members’ Council: a- To comply with the provisions at Points a and c above; b- Can hold the position of General Director, Director of corporations, corporations, companies themselves.
The person appointed to hold the post of General Director, Deputy General Director, Director, Deputy Director: a- Not a cadre working in the Ministry of Defense’s budgeting unit; In case of appointment of officials working in the estimating units, decisions on transfer or transfer of work must be made; b- Not to concurrently hold the post of general director, director or controller of another enterprise and chief accountant at a corporation, corporation or company.
2. Regulation on evaluation authority for managers
Minister of Defense evaluation: a- Chairman of the Members ‘Council, Member of the Members’ Council of the Group Chairman (Corporation, Company), General Director (Director), Deputy General Director (Deputy Director), Supervisors at enterprises under the Ministry of Defense; b- Chairman of the Members’ Council, Member of the Members’ Council, Chairman of the Corporation (Company), General Director (Director) at enterprises under the focal point under the Ministry of Defense.
The head of the focal point under the Ministry of Defense shall evaluate the Deputy General Director (Deputy Director), supervisors at the enterprises of the focal point except for the titles evaluated by the Minister of Defense.
Member Council, Chairman (Group, Corporation, Company) evaluation of the remaining managerial positions of the enterprise and member units except for those titles which are evaluated by the Minister of National Defense and the Head of the unit.
Therefore, the Circular No. 105/2018 / TT-BQP has detailed and specific regulations on the management of persons holding positions at enterprises Ministry of Defense, through which enhanced management, monitoring and evaluation of these positions in detail and in detail, contributing to ensure effective operation of these enterprises.

Promote the application of electronic tax invoices
Answered

On 09 September 2018, the government promulgated Resolution No.119/NQ-CP on regular Government meeting in August 2018. This Resolution has took effect from insurance date.
Accordingly, Resolution No.119/NQ-CP has notable contents as follows:
The Ministry of Finance shall expeditiously assume the prime responsibility and coordinate with the Ministry of Justice, Government Office and other ministries, the concerned agencies shall receive opinions of the Government members, the comment of the Ministry of Justice, verifying the Office of the Government to complete the draft of Tax Control Law (adjustment). To assign the Minister of Finance to authorize the Prime Minister, and report on behalf of the Government to the National Assembly Standing Committee, the National Assembly this Law project.
The Ministry of Finance shall strictly observe the financial discipline and state budget, Strictly manage the state budget from the stage of estimation to administration, conduction, settlement; Focus on reducing tax losses, tax arrears, against transfer pricing, to closely coordinate with localities in resolving to fulfill the State budget revenue estimates; strictly executive, saving, combating wastefulness, especially public procurement, meetings, efforts to reduce budget deficit below 3.7%/GDP. To actively issue government bonds with diversified terms, mobilized channel, in line with payment requirements, disbursement and market movements. Promote the application of electronic tax invoices. Focus on reform, simplify administrative procedures in the field of customs according to international standards. To intensify the management, inspection, detection and strict handling of cases of smuggling, trade fraud and fake goods production and trading.
Thus, the use of electronic invoices is expected to contribute to the optimal cost savings for businesses to ensure safety and accuracy in production business as well as diversify the method of sending invoices to customers.

To sanction administrative violations related to food safety
Answered

On 04 September 2018, the government promulgated Decree No. 115/2018/NĐ-CP provides on sanctioning administrative violations related to food safety. This Decree will be effective on 20 October 2018.
Accordingly, Decree No. 115/2018/NĐ-CP regulates on the sanctioning levels of administrative violations in food safety when selling street foods do not ensure food safety, specifically as follows:
1. Fining of between VND 500,000 and 1,000,000 for the following acts:
a) There are no tables, cabinets, shelves, shelves, equipment and tools in accordance with the law on display of food;
b) Uncovered food prevents dirt; It has insects and harmful insects;
c) Do not use gloves when in direct contact with cooked food, immediately;
2. Fining of between VND 1,000,000 and 3,000,000 for one of the following acts:
a) Using instruments to cook, eat, packaging materials, contain directly contact with food does not guarantee food safety;
b) Persons suffering from diseases which, according to the provisions of law, must not directly participate in the street food business
c) Using food additives to split do not comply with the law for food processing
d) Use of unsafe water for food processing; To clean equipment, tools for processing, eating;
e) Violating other regulations on food safety assurance according to the provisions of law in the street food business.
In addition, this Decree also provides for remedial measures for acts of violating food safety and hygiene conditions forcible destruction of foodstuffs for acts of violation regarding the use of additive food to be divided or shredded not in accordance with the provisions of law for food processing.
Thus, with detailed and specific regulations, Decree No. 115/2018 / ND-CP is expected to contribute to the deterrence and prevention of violations of the law on food safety and hygiene for street food business, contributing to ensure the safety of food production, protect the health of consumers.

Shortened regulation for diplomatic passport, official passport granting procedures in agencies in the country and Vietnamese representative offices in foreign countries
Answered

On 04 September 2018, the government promulgated the Resolution No.116/NQ-CP on simplification of administrative procedures, citizenship documents related to population management under The Ministry of Foreign Afraid jurisdiction. This Resolution took effective from issuance date.
Accordingly, Resolution No.116/NQ-CP provides on simplification for diplomatic passport, official passport granting procedures in agencies in the country and Vietnamese representative offices in foreign countries, as follows:
1. Regarding the composition of document: Rovoke requirement of the composition of document consist of: A copy of the identity card or proof of the armed forces (for the armed forces); Copy of Birth Certificate or Copy of Birth Certificate (for children under 18 years of age visiting and accompanying cadres on working missions abroad at Vietnamese representative missions). Instead, the applicant requests a copy of the paper with a personal identification number (Present the original for comparison);
2. On the application form for diplomatic passport, official passports, visa application: No date of birth, gender, place of birth, permanent residence, information about parents, spouse information is required; However, it is advisable to provide information about children as this information is not available on the National Population Database.
It can be seen, with detailed and specific regulations, Resolution No. 116/NQ-CP has made necessary reforms to simplify administrative procedures, This helps reduce unnecessary unnecessary wastes, save time and ensure the rights and obligations of the people when carrying out these procedures.

Legal news No. 35/2018
Answered

Regulation on the organization and operation of foreign language and informatics centers
Answered

On 24 August 2018, Ministry of Education and Training issued Circular No. 21/2018/TT-BGDĐT on regulation on the organization and operation of foreign language and informatics centers. This Cuircular will be effective on 10 October 2018.
Accordingly, Circular No. 21/2018 / TT-BGDDT regulates the tasks and powers of foreign language and informatics centers as follows:
1. Organizing the implementation of training programs, improving the ability of foreign languages, informatics to meet the needs of learners;
2. Enrollment and management studens.;
3. Organize the compilation or selection of teaching materials to meet the learning outcomes of training programs suitable for learners;
4. Organizing the examination, evaluation and certification of the completion of foreign language and computer training programs organized by the center. To organize the examination and granting of foreign language and computerization certificates of the national education system when fully meeting the conditions prescribed by the Ministry of Education and Training;
5. Perform relevant tasks such as compiling, interpreting, programming, installing software;
6. Organizing training and fostering to raise the professional qualifications of cadres and teachers of the center;
7. Organization development development development, upgrade education quality;
8. Public of Educational Quality Assurance Conditions;
9. To determine and publicize tuition fees according to learners’ courses suitable to the quality of training and fostering;
10. Establishing internal regulations, defining the functions and tasks of the units of the center; to manage, recruit and develop the contingent of managers and teachers according to the development strategy of the center;
11. Financial management, assets of the center and enjoy preferential policies in accordance with the law;
12. Other duties and powers as prescribed by law.
It can be seen that the regulation on the organization of the foreign language and computerization center in the current period is very necessary and practical, which is expected to contribute to the development of Professional orientation as well as building the framework for these activities is carried out in a serious and effective way.

University websites must make public information about educational quality assurance
Answered

On July 27, 2018, the Ministry of Education and Training issued Circular No. 15/2018/TT-BGDDT regulating the organization, operation and use of electronic mail and educational websites. universities, pedagogical colleges. This Circular takes effect on September 11.
Accordingly, websites of higher education institutions and pedagogical colleges must use level 2 Vietnamese domain name (.vn), maintaining stable operation and planning. upgraded, maintained regularly. The information provided on the websites of the higher education institutions must be in line with the Party’s viewpoints, guidelines and lines as well as the State’s legal policies and legal validity. This information must comply with the provisions of the law on safety, security of the network, protection of state secrets, the press, intellectual property and information management on the internet.
In addition, on higher education websites, higher education institutions must provide regular, accurate and up-to-date information on organizational, administrative and public information about educational quality assurance. , conditions for quality assurance education.
There are also information on admissions for university degrees, pedagogic colleges, master’s training, doctoral training, educational quality accreditation, diploma and certificate about education.
As can be seen, the provisions of Circular No. 15/2018/TT-BGDDT are necessary and appropriate because official information will be posted on the website of universities to provide To provide adequate, accurate and timely information on the official establishment of higher education institutions in the network environment.

Procedures for handling import tax exemption
Answered

On August 23, 1818, the General Department of Customs issued Decision No. 2503/QD-TCHQ promulgating the process of handling import tax exemption under the International Treaty, agreement between the Government of Vietnam and non-governmental organizations. This decision takes effect from September 7, 2018.
Accordingly, Decision No. 2503/QD-TCHQ has the following remarkable contents:
– The process of settling import tax exemption under international treaties at the General Department of Customs:
Step 1: To receive, assign and handle dossiers of import tax exemption according to international treaties and agreements
Step 2: To examine tax exemption dossiers under international treaties and agreements
Step 3: Processing dossiers in cases where the international treaties or agreements do not prescribe the types and quantities of duty-free goods
Step 4: To notify the handling results to the tax exemption requesters
– Notifying the handling results to the tax exemption requesters – Regarding the process of settling import tax exemption according to international agreements at the provincial/municipal Customs Departments:
Step 1: Processing dossiers notifying the list of duty-free goods at the Customs Department
Step 2: To settle tax exemption at Customs Sub-Departments
Step 3: Handle when the goods are over on the coupon tracking sheet
Dealing with the number of goods on the Subscriber Tracking SheetThus, with detailed and specific details, Decision No. 2503/QD-TCHQ has contributed to clarify procedures for handling import tax exemption under Article International agreements, agreements between Vietnam and non-governmental organizations.

Speed up export growth
Answered

On 31/08/2018, the Prime Minister issued Directive No.25/CT-TTg on some tasks and solutions to develop production, promote export. This Directive shall be of full force and effect as of 31/08/2018.
Accordingly, Directive 25/CT-TTg provides for specific tasks and solutions for institutional reform, simplification of administrative procedures, cost reduction, removal of bottlenecks, barriers with export, the details are as follows:
– The Ministry of Finance has the solution to reduce the time to review the VAT refund application helps reduce costs for businesses;
– The Ministry of Natural Resources and Environment shall consider and abolish the regulations on inspection of norms of a number of active substances in polluting norms in waste water of aquatic product-processing enterprises;
– The Ministry of Science and Technology shall coordinate with the Ministry of Agriculture and Rural Development in considering the possibility of allowing the import of used woodworking machinery and equipment which have been used for many years but still have high using value.
Thus, Directive 25 / CT-TTg was issued to limit instability in the export market and increase the competitiveness of Vietnamese products, especially in the current period.