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Legal answers
Adjustment of petrol and oil prices applied from 3pm on July 23, 2018
Answered

On July 23, 2018, the Ministry of Industry and Trade issued Official Dispatch No.5778/BCT-TTTN on operating gasoline business. This Official Dispatch took effect from 3pm on the same day.
Accordingly, Official Dispatch No.5778/BCT-TTTN has adjusted the petrol and oil prices in the direction of reduction, specifically as follows:
1. The base price of petrol and oil at the period of publication compared to the base price of the preceding period (07/7/2018):
– E5 RON 92 petrol: 20,464 VND/liter, decreased by 69 VND/liter
– RON 95 III petrol: 21,272 VND/liter, decreased by 66 VND/liter
– 0.05S diesel oil: 17,242 VND/liter, decreased by 213 VND/liter
– Paraffin: 16,174 VND/liter, decreased by 69 VND/liter
– 180CST 3.5S Mazut: 14,826 VND/kg, decreased by 116 VND/kg
2. Deduction for setting petrol and oil price stabilization fund: Keeping the level of deduction for the petrol and oil price stabilization fund for current petrol and oil items.
3. Payment of petrol and oil price stabilization charges for petrol and oil items:
– E5 RON 92 petrol: 853 VND/liter;
– RON 95 petrol: 95 VND/liter;
– Mazut: 70 VND/kg.
4. After setting aside and spending the petrol price stabilization fund as mentioned above, the price of common petrol products to be sold on the market shall no more than:
– E5 RON 92 petrol: not higher than 19,611 VND/liter;
– RON 95 III petrol: not higher than 21,177 VND/liter;
– 0.05S diesel oil: not higher than 17,242 VND/liter;
– Paraffin: not higher than 16,174 VND/liter;
– 180CST 3.5S Mazut: not higher than 14,756VND/kg.
Thus, based on the actual price of petroleum products in the world from July 8, 2018 to July 22, 2018, the Ministry of Industry and Trade has adjusted the price of petrol in Vietnamese market.

Promoting the implementation of solutions to reduce logistics costs, connecting effectively the transport infrastructure system
Answered

On July 18, 2018, the Prime Minister issued Directive No.21/CT-TTg on promoting the implementation of solutions to reduce logistics costs, connecting effectively the transport infrastructure system. This Directive took effect from the date of its promulgation.
Accordingly, Directive No.21/CT-TTg regulates the specific tasks of the ministries, branches and localities as follows:
1. The Ministry of Communications and Transport shall strictly handle the load violations, manage the installation, use the vehicle tracking device, automatic identification equipment, the issuance and use of badges, declare and post the rates of transportation units; closely coordinate with localities in the management, supervision and handling of violations related to transport activities in their localities so as to ensure fair competition in transport activities; strictly control the operation of ports, inland water wharves and seaports, ensuring their conformity with the approved sizes and powers so as to raise the effectiveness of the planning management and rational distribution of goods among different areas and types of transportation.
2. The Ministry of Industry and Trade needs to focus on improving logistics infrastructure associated with e-commerce, combining logistics with e-commerce according to current trends in the world and in the region. Through the activities to improve the capacity of enterprises, encourage and guide enterprises in some industries to apply advanced supply chain management model in the production and business process, focusing on deploying logistics activities based on information technology and new technologies in logistics.
3. The Ministry of Planning and Investment finalizes policies to support logistics services enterprises and issue business registration codes for groups of services for logistics services.
4. The Ministry of Finance shall step up the application of the national one-door mechanism to all procedures related to import and export goods, transits, people and means of transport on entry, exit or in transit.
5. The People’s Committees of the provinces and cities directly under the Central Government shall reserve the appropriate land fund for the construction of goods distribution centers, post-port services and shallow ports, which shall be conveniently connected with the national transportation network to gradually create a modern logistics infrastructure network.
Through clear regulations on the scope of tasks of ministries, branches and localities, Directive No.21/CT-TTg is expected to encourage logistics services to develop strongly, contributing more to the economic development of the country.

Conditions for application of the Green Flow regime in preferential C/O
Answered

On June 29, 2018, the Ministry of Industry and Trade issued Circular No.15/2018/TT-BCT regulating the allocation in the process of issuance Certificate of Original (C/O). This Circular took effect since August 15, 2018.
Accordingly, Circular No.15/2018/TT-BCT regulates the conditions for applying Green Flow in the process of issuance preferential Certificate of Original as follows:
1. Traders shall be given priority to exemption from and reduction of the time for issuance of C/O and exemption from actual inspection of goods in the course of applying for C/O.
2. In order to be eligible for the Green Flow regime, traders must meet the following conditions:
a) On the subjects of application
– Traders recognized by the Ministry of Industry and Trade as prestigious exporters;
– Traders recognized by the Ministry of Finance as priority enterprises in the field of State management over customs;
b) Capacity
– Compliance with law: Not violating regulations on origin in the last two years;
– Record keeping: a complete record keeping system (paper and electronic files) to ensure the authenticity of the C/O and the origin of the goods during the storage period;
– Experience in using preferential C/O: implementing the electronic C/O declaration process through the system of management and issuance of electronic certificates of origin (www.ecosys.gov.vn) and frequency of recommendation to issue at least 30 sets of preferential C/O per year.
Through specific regulations, Circular No.15/2018/TT-BCT create conditions for the business leaders to enjoy priority rights in the process of requesting preferential C/O, thus promoting the development of the entire import and export industry.

Issue the list of online public services in 2018-2019
Answered

On July 18, 2018, the Prime Minister issued Decision No.877/QD-TTg on the issuance of the list of online public services level 3, level 4 for ministries, branches and localities implementing in 2018-2019. This Decision took effect from the date of its promulgation.
Accordingly, Decision No.877/QD-TTg issued the list of online public services will be applied in 2018-2019 in ministries, branches and localities as follows:
1. The number of online public services is most added in Ministry of Information and Communication with 63 public services at ministerial level and 7 services at local level.
2. The number of online public services is added at least in Ministry of Foreign Affairs and the State Bank of Vietnam with just one public service.
3. The addition of online public services is applicable to all ministries and branches have a relation with national budget, citizens and enterprises.
Thus, it can be seen that the Decision No. 877/QD-TTg continues to be a demonstration of the Party and State’s determination to speed up the application of information technology in administrative procedures to ensure publicity, transparency, saving time, expense and effort of the objects and agencies in implementing administrative procedures.

Approval the program on the provision of public telecommunications services till 2020
Answered

On July 16, 2018, the Prime Minister issued Decision No.868/QD-TTg amending and supplementing Decision No.1168/QD-TTg on July 24,2015 of the Prime Minister approving the program on the provision of public telecommunications services till 2020. This Decision took effect from the date of its promulgation.
Accordingly, Decision No.868/QD-TTg is amending and supplementing the program on the provision of public telecommunications services till 2020 as follows:
1. The estimated budget for implementing the Program is 7,300,000,000,000 VND (Seven thousand three hundred billion Vietnamdong), decreased by 3,700,000,000,000 VND (Three thousand seven hundred billion Vietnamdong) compared to Decision No.1168/QĐ-TTg, this amount shall be guaranteed by the Vietnam Public Telecommunications Service Fund, of which::
– Expenditures for telecommunication infrastructure investments of all component programs accounting for 50% of the total budget for the whole Program;
– Expenditure plan to support a telecommunication enterprise for the development of telecommunication infrastructure in the whole program implementation period shall not exceed 70% of total funding for development investment in telecommunication infrastructure of the Program, except in the specific area or specific task, where only one eligible enterprise can be participated in the implementation of the Program’s tasks;
– The finalization of the tasks of the program shall be effected on the basis of the results of implementation of the enterprise and the approved cost estimate.
2. Contribution levels of telecommunication enterprises to the Vietnam Public Telecommunications Service Fund:
– For service-providing enterprises with network infrastructure, it is 0.7% of the turnover of telecommunication services according to the provisions of law. This contribution was reduced by 0.8% compared to Decision 1168/QD-TTg (1.5%).
– Based on the actual situation, the Ministry of Information and Communications shall submit to the Prime Minister for consideration and adjustment the contribution of telecommunications enterprises to the Vietnam Public Telecommunications Service Fund to ensure the effective implementation of the Program’s tasks in case of necessity.
Thus, it can be seen that the Decision No.868/QD-TTg has been amended in line with the current economic context of the country in order to ensure the balance of the State budget.

Regulation on administrative procedure control activities under the management of the Ministry of Industry and Trade
Answered

On July 19, 2018, the Ministry of Industry and Trade issued Circular No.18/2018/TT-BCT regulating on administrative procedure control activities under the management of the Ministry of Industry and Trade. This Circular took effect since on September 3, 2018.
Accordingly, Circular No.18/2018/TT-BCT regulates the control over the promulgation and implementation of administrative procedures as follows:
1. Regarding the control over the promulgation of administrative procedures
– In the process of proposing the elaboration of legal documents, units under the Ministry are responsible for assessing the impact of administrative procedures. A dossier proposing the elaboration of legal documents of the units under the Ministry must be sent to the Ministry’s Office for commenting before being sent to the Legal Affairs Department for examination.
– In the course of drafting legal documents, units in charge of drafting drafting legal documents shall have to conduct impact assessments, gather comments and submit evaluation of administrative procedures. The Ministry’s Office chaired and coordinated with the unit in charge of drafting legal documents to gather opinions on the contents of administrative procedures in appropriate forms (consultations, conferences, seminars, in written…)
2. Regarding the control over the implementation of administrative procedures
– The Ministry’s Office is responsible for publicizing the Ministry of Industry and Trade’s Decision on announcing administrative procedures on the website of the Ministry of Industry and Trade http://kstthc.moit.gov.vn and sending it to the related units.
– The Ministry’s Office shall have to guide, inspect and urge the units in public posting of administrative procedures.
– The Ministry’s Office takes the lead in professional examination of the implementation of administrative procedures.
By detailed and specific regulations, clear assignment of responsibilities for the dependent agencies, the Ministry of Industry and Trade expects Circular No.18/2018/TT-BCT to ensure the effective implementation of the objectives of administrative procedure reform in the direction of publicity, transparency, simplicity, easy to understand and easy to implement; saving time, cost, effort of the object and the agency implementing the administrative procedures; timely remove the inappropriate administrative procedures, complicated and troublesome.

New regulations on business and investment conditions in the field of construction
Answered

On July 16, 2018, the Prime Minister issued Decree No.100/2018/ND-CP amending, supplementing and abolishing a number of regulations on business and investment conditions in the fields of state management of the Ministry of Construction. This Decree took effect since September 15, 2018.
One of the most notable changes in Decree No.100/2018/ND-CP amending and supplementing Decree No.59/2015/ND-CP is about the construction practice certificatesas follows:
1. Allowing individuals without practicing certificates to participate in construction activities in the fields suitable to the specialized training.
2. To tighten the provisions on general conditions for the grant of construction practice certificates, specifically:
– Grade II: Having university degrees in the relevant majors, having experience in participating in the work with the contents of application for certificates for 04 years or more;
– Grade III: Having appropriate professional qualifications, having experience in participating in the work with the contents of application for a practicing certificate for 02 years or more for individuals with university degrees; for 03 years or more for individuals with college or intermediate degrees.
Thus, it can be seen that Decree No.100/2018/ND-CP has tightened the regulations on the granting of construction practice certificate to individuals who play a key role in the construction to ensure that the works are built in accordance with the provisions of law.

Legal news No. 28/2018
Answered

Dossier of requestment for compensation in criminal proceedings falls under the responsibility of the Procuracy
Answered

On June 29, 2018 Supreme People’s Procuratorate issued Decision No.304/QD/VKSNDTC regulating the process of settling the compensation claim of the State in criminal proceedings under responsibility of People’s Procuracy. This decision took effect since July 01, 2018.
Accordingly, with compensation claim content in criminal proceedings under the Procuracy responsibility, Decision No.304/QD-VKSTC provides on component dossier include:
1. Written compensation claim;
2. The judgment or decision has taken legal effect;
3. Documents evidencing identity of the damaged person include one of the following papers: Identity card, citizen identification, passport, household registration book, birth certificate, written certification by the commune People’s Committee of the locality where the damaged person resides or the certification by the agency or organization where the damaged person works in;
4. Documents evidencing the identity of the claimant and proof of his/her status as the representative or heir of the damaged person in cases where the damage sufferer does not directly request the indemnity;
5. Proving documents the actual damages that is compensation claimed and other relevant documents.
Provide detailed guidance on the composition of the dossier, Decision No.304/QD-VKSTC has created favorable conditions for the victims to well implement the right to compensation, at the same time, this is also the basis for the People’s Procuracy at all levels to solve problems arising in practical implementation, from then on, the claims for the victims in the criminal proceedings will be settled.

Protection of the denunciator
Answered

On June 12, 2018, National Assembly passed Law No.25/2018/QH14 on denunciation. Law of Denunciation in 2018 will take effect from 01/01/2019.
Accordingly, Law on Denunciation 2018 provides on protection of the denouncers as follows:
1. Protection of denunciators is protection of denunciators’ information confidentiality; Protection of their position, job, life, health, assets, honor, dignity (collectively referred to as the protected person). Denunciators are protected their private information, except they disclose themselves.
2. Denunciation solver have responsible for protecting information confidentiality, position, job of protected person that under their management right and other protection content if under their authority. In cases. There they fall beyond their competence, request competent agencies, organizations or individuals to apply protective measures. Agencies receiving and verifying contents of denunciations shall have to protect the information of denunciators.
3. Protection measures are applied as follows:
– Protection of confidentiality of information: Keep confidential full names, addresses, autographs and other personal information of denunciators in the process of exploiting and using information and documents supplied by the denunciators; arranging time and place, select appropriate working methods to protect the information of denunciators when directly working with the the denounced persons, concerned agencies, organizations and individuals.
– Method of protecting denunciators’ position, job: Temporarily suspending or partially or wholly annulling the decision on discipline handling or other decisions infringing upon protected person’s rights and legitimate interests. Restoring the protected person’s working position, job, incomes and other legitimate interests from employment. Arrange other work for the protected person if they agree to avoid being stigmatized or discriminated against.
– Method of protection of denunciators’ lives, health, property, honor, dignity and prestige: taking the protected person to safe place; Request the person who commit acts of infringing upon to the protected person’s life, health, assets, honor, dignity to stop the violation.
Therefore, it can be seen that Law on Denunciation 2018 established clear mechanisms for protecting denunciators, this encourages citizens to exercise their right to denounce and contribute to the protection of the interests of the State, rights and legitimate interests of agencies, organizations and individuals and raise the effectiveness and efficiency of state management activities and stabilize the country’s socio-economic situation.