Legal answers
Piloting tariff quotas for imported sugar in 2018
Answered

On 21 August 2018, the Minister of Finance promulgated Circular No. 22/2018/TT-BCT guidelines on the experimental auction of tariff quotas for sugar import in 2018. The Circular took effect from the date of issued.
Accordingly, Circular No. 22/2018/TT-BCT regulated prominent content related to the pilot auction of tariff quotas for import of sugar in 2018, as follows:
First, applicable subjects:
– Businessman directly use sugar as raw materials for production and traders use raw sugar to produce refined sugar.
– Individuals, organizations that related to import sugar under tariff quota in 2018.
Second, import quotas of 2018 auctions are auctioned at 94,000 tonnes.
Third, auction rules:
– The auction of tariff quotas for sugar importation in 2018 will be conducted through the Council of Experts-Tariff Quotas for Import Tariffs in 2018
– The principles, procedures, and procedures for property auction shall be implemented in accordance with the law on auction in accordance with the nature of the auctioned property.
The four, import procedures:
– After the auction result report of the auction council, the Ministry of Trade and Industry shall issue a written notice on the delivery of the right to use sugar import quotas to winners.
– When making import procedures for sugar, in addition to the implementation of the current regulations, traders shall submit a written notice on the assignment of the right to use sugar quota import quotas by the Ministry of Industry and Trade to the customs offices where the customs procedures are carried out for the import of goods according to the provisions of the customs legislation.
Thus, compared to 2017, the import tariff quota for sugar imported in 2018 increased to 4.5 tons. The pilot auction of tariff quotas for these commodities is a method of organizing publicity, transparency, and fairness, allocating all import quotas to enterprises.

Simplify the conditions for trading in fire prevention and fighting services
Answered

On 15 August 2018, the Ministry of Public Security promulgated Decision No. 4513/QĐ-BCA-V03 on approval of the plan on reform of specialized inspection activities for import and export goods and simplify and reduce the business conditions under the Ministry of Public Security. The Decision took effect from 15 August 2018.
Accordingly, Decision No. 4513/QĐ-BCA-V03 has the noteworthy content is to simplify the conditions for dealing in fire prevention and fighting services as:
– Conditions for enterprises and business establishments regarding design consultancy, appraisal consultancy, supervision consultancy, technical inspection and examination on fire prevention and fighting: Cutting or simplifying condition “have a place of operation; Equipment, facilities, places to provide design consultancy, evaluation consultancy, supervision consultancy, technical inspection and examination on fire prevention and fighting”.
– Conditions for enterprise, and business establishments regarding consultancy on the transfer of fire prevention and fighting technologies; Training and instruction on fire prevention and fighting; Cutting or simplifying condition: “Having a place of operation; Equipment, facilities and places to provide technology transfer consultancy; Equipment, equipment in service of training, venues for training and instruction on fire prevention and fighting operations”
– Conditions for enterprises, establishments building and installing fire prevention and fighting systems: Cutting or simplifying condition “having a place of operation and material facilities, means, equipment and machinery to ensure the construction and installation of fire prevention and fighting systems”.
– Conditions for enterprises, establishments producing and assembling fire prevention and fighting equipment and facilities: Cutting or simplifying condition “having a place of operation; Having workshops, means and equipment to ensure the production and assembly of means, equipment and supplies for fire prevention and fighting”.
– Conditions for enterprises and establishments dealing in fire prevention and fighting equipment, equipment and supplies: Cutting or simplifying condition “having a place of operation and material facilities, means and equipment to ensure the business of trading fire prevention and fighting means, equipment and materials”.
Therefore, Decision No. 4513/QĐ-BCA-V03 of the Ministry of Public Security has increased the responsibility of enterprises and business establishments in ensuring the production and business activities of their enterprises and establishments. At the same time, limit the unnecessary interference of state management agencies in production and business activities of organizations and enterprises.

New regulations on management of e-commerce activities
Answered

On 20 August 2018, The Ministry of Industry and Trade promulgated Circular No. 21/2018/TT-BCT on amendment and supplement Circular No. 47/2014/TT-BCT on 05 December 2014 of The Ministry of Industry and Trade provides on regulations on management of e-commerce websites and Circular No. 59/2015/TT-BCT on 31 December 2015 of The Ministry of Industry and Trade on prescribing the management of e-commerce activities via applications on mobile equipment. The Circular will take effect from 18 October 2018.
Accordingly, Circular No. 21/2018/TT-BCT has some noteworthy points as follows:
– Repeal regulation on notification online shopping websites at Article 8 and registration for e-commerce website rating at Article 21 Circular No. 47/2014/TT-BCT
– Subjects of registration for e-commerce service provision applications (Article 13), consist of all individuals or organization that have website provide at least one of the services: E-commerce trading floor, online sales promotion. Previously, the organization must register the e-commerce service website, including only organizations operating in the field of trade promotion or business support.
– In addition, compare with regulation at Article 10 Circular No. 59/2015/TT-BCT (no notice with individuals who are not subject to business registration), this Circular also extends the scope of the subject to notice mobile app sales, consist of all businessman, individuals or organization who have been granted tax identification numbers that own the sale application.
It can be seen that, Circular No. 21/2018/TT-BCT with above noteworthy points are considered as adjustments and changes necessary in line with the current practice of e-commerce.

Legal news No. 32/2018
Answered

Renovate activities to support Vietnamese enterprises in raising their competitiveness and international integration
Answered

On 10th August 2018, the Prime Minister issued Decision No. 996/QĐ-TTg approving the project “Strengthening and renovating measurement activities to support Vietnamese enterprises to improve their competitiveness and association. International trade until 2025, orientation to 2030”. This Decision takes effect from the date of its promulgation.
Accordingly, the overall objective of the project is to develop a modern and synchronized national metrology infrastructure that meets international integration and the need to ensure accurate measurement of business operations, the socio-economic development of Vietnam, in line with the development plan of ministries, branches and localities; develop and apply effectively the set of national criteria to measure the areas of measurement in order to increase the efficiency and effectiveness of state management of measurement; to standardize the capacity and operation of organizations providing services of expertise, standardization, testing of measuring devices and measurement standards.
The project strives to develop national metrology infrastructure by 2025 will be recognized 41 full national measurement standards; recognizing at least 200 internationally accepted calibration measurements within the framework of the CIPM Mutual Recognition Arrangement (CIPM-MRA); developing at least 100 standard substances, measuring standards and measuring devices of all kinds to meet the demand of accurate measurement for enterprises; train and improve professional measurement skills for at least 10,000 cadres involved in measurement activities; implement the Measurement Guarantee Program for at least 50,000 enterprises including state-owned and private enterprises; applying the set of national evaluation criteria for at least 1,000 accredited laboratories throughout the country on the field of measurement.
By 2030, this scheme will strive to develop a national metrology infrastructure that meets at least 300 internationally recognized measurement calibrations within the framework of the CIPM Mutual Recognition Arrangement (CIPM-MRA); Developing at least 250 standard substances, measuring standards, measuring devices of all kinds to meet the demand of accurate measurement for enterprises; train and improve professional measurement skills for at least 20,000 cadres involved in measurement activities; implement the Measurement Guarantee Program for at least 100,000 enterprises including state-owned and private enterprises; applying the set of national evaluation criteria for at least 2,000 accredited laboratories throughout the country on the field of measurement.
Thus, it can be seen that the approval of the project “Strengthening and reforming measurement activities to support Vietnamese enterprises to improve their competitiveness and international integration in the period up to 2025, orientation to 2030” is very timely and practical, which is strategically significant in enhancing the competitiveness and international integration of Vietnamese enterprises, thereby contributing to the overall development of the national economy in line with the general development trend of the world.

Increase the monthly allowance for people with meritorious services to the revolution
Answered

On July 12, 1818, the Government issued Decree No. 99/2018/ND-CP regulating the level of allowances and preferential allowances for people with meritorious services to the revolution. This decree will come into force on August 27th 2018
Accordingly, from 27/08/2018 will increase the standard level to determine the level of subsidies, preferential allowances for people with meritorious services to the revolution from VND1,417,000 to VND1,515,000.
With the changes mentioned above, the monthly allowance level for people with meritorious services to the revolution has been increased significantly compared to the previous ones, specifically as follows:
– People participate in revolution before 01/01/1945 belong to escape exe: 1.693.000 VND/ month (VND110.000 increase compared to the old regulation);
-People participate in revolution before 01/01/1945 belonging to not exit: 2.874.000 VND/ month (VND186.000 increase);
– People participate in revolution before 01/01/1945 to revolt in August 1945: 1.566.000 VND/month (VND101.000 increase);
– Heroes of armed forces, Hero in Labor in the war time: 1.270.000 dong/month (VND 82.000 increase);
– People participating in revolution but deportee: 909.000 Dong/month (VND59.000 increase).

Thus, from the date 27/08/2018, the level of allowances for people with meritorious services to the revolution will be adjusted on the direction of increase, which shows the timely and realistic interest of the Government and comply with the development of market economy and people’s welfare & social life.

Bring the content of Network Security Law into the week of student life
Answered

On 10/08/2018, the Ministry of Education and Training issued Official Letter No. 3383/BGDĐT-GDCTHSSV guiding to organize “Citizen Week – pupils and students” in universities, colleges, and pedagogy school in the academic year 2018-2019. This Official Letter takes effect on the date of its date of promulgation.
Accordingly, Official Letter No. 3383/BGDĐT-GDCTHSSV guiding the contents in organizing the implementation of “Citizen Week – Pupils and Students”, as follows:
– Propagandize, popularize and educate the basic and necessary law provisions related to students& pupils such as human rights and citizen rights under the Constitution of 2013. The contents related to trainees mentioned in the Law Education in 2005 and the Law of amendment and supplement some articles of the Education Law in 2009; University Education Law 2012; the criminal code 2015 and amendments and supplements to a number of articles of the Criminal Code 2015.
– Organize propaganda and giving information properly and fully to pupils & students about the law of network security. Give information on the purposes, significance and guidelines of the Party and the State in discussing and receiving opinions of the people on the draft Law on Special Economic Administrative Units. Propagandize on the work of school security, building a safe, healthy and friendly educational environment. Propagandize the sovereignty over the sea, islands and sea strategy of Vietnam; Forms and methods of struggle to firmly hold the sovereignty of the sea and islands of Vietnam.
– Propagandize and educate on the prevention and fighting against the harm of online games with violent and unhealthy content; Organize the educational activities, guide the use and exploitation of information on the Internet and social networks effectively, raise the capacity of self-defense against bad and harmful information which has the negative impacts of the network environment, Avoid being involved in religious activities that cause instability, affecting the situation of security and order.
As can be seen, guide the organization of “Citizen Week – Pupils & Students” is very important for all new students entering the program before entering the official school. Accordingly, new students will be able to catch up on and receive the useful content related to their learning and training process, as well as timely adopt the new regulations as well as changes of social life.

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