Legal answers
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.

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