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法律解答
Acts of sanctioning administrative violations in the field of state treasury
回答

On December 19, 2019, the Ministry of Finance issued Circular No. 87/2019 / TT-BTC guiding the sanctioning of administrative violations in the field of state treasury. This Circular takes effect from February 1, 2020.
This Circular guides administrative violations, sanctioning levels and remedial measures in the field of State Treasury prescribed in Decree No. 63/2019 / ND-CP of July 11, 2019. of the Government stipulating sanctions against administrative violations in the field of management and use of public assets; practice thrift against waste; national reserve; State Treasury (hereinafter referred to as Decree No. 63/2019 / ND-CP).
This Circular prescribes acts of administrative sanction in the field of State Treasury as follows:
+ Violations of regulations on state budget expenditures must be included in state budget estimates assigned by competent authorities;
+ The act of compiling dossiers and documents in contravention of the prescribed regime and the act of compiling dossiers and vouchers which are different from the original dossiers and vouchers at the units, but not seriously enough to be examined for penal liability;
+ Acts of making fake documents and vouchers for state budget spending, but not seriously enough to warrant examination for penal liability;
+ Acts of violating the regime of payment of state budget expenditures;
+ Violations of procedures for controlling expenditure commitment;
+ Acts of violating procedures and time limit for making advance payments to the State budget;
+ Acts of violating regulations on registration and use of accounts at the State Treasury;
+ The act of making fake documents and papers for carrying out procedures for registration and account use at the State Treasury, but not to the extent of being examined for penal liability.
Each violation will have different administrative sanctions. The circular helps subjects such as: Organizations and individuals that commit administrative violations in the field of state treasury; Persons competent to sanction administrative violations in the field of state treasury; Persons competent to make records on administrative violations in the field of state treasury; Organizations and individuals involved in the sanctioning of administrative violations in the field of State Treasury can easily monitor as well as perform.

Regulations on determining the costs of construction investment project management
回答

On December 26, 2019, the Ministry of Construction issued Circular No. 16/2019 / TT-BXD guiding the determination of project management costs and construction investment consultancy for the project that use State budget, non- State budget capital and investment project in the form of public-private partnership (PPP) prescribed in Clause 2, Article 32 of Decree No. 68/2019 / ND-CP of August 14, 2019 of the Government on construction cost management.
Accordingly, the determination of project management costs and consultancy expenses in the transition period prescribed in Article 36 of Decree No. 68/2019 / ND-CP are specified as follows:
– Construction investment projects that have been approved before October 1, 2019 and are being implemented, may continue to use and apply the norms of management costs and norms of consultancy expenses under the Decree. 32/2015 / ND-CP.
In case a project management bidding package or consultancy bidding package has not signed a contract after February 15, 2020, the person determining investment shall decide to apply the project management expense norm and consultancy expense norm. Issued in Circular 16/2019 / TT-BXD to adjust the price of project management package, consulting package but must meet the progress and efficiency requirements of the project.
– For approved construction investment projects after October 1, 2019:
+ In case the project management bidding packages, consultancy bidding packages have been used, the cost norms applied under the provisions of Decree 32/2015 / ND-CP are used to determine the price of project management package and packages consultancy contractors, who have selected contractors and signed contracts before February 15, 2020, shall comply with the contents of the signed contracts.
+ In case the project management bidding package, consultancy bidding package have not yet selected contractors or are selecting contractors before February 15, 2020, the cost norms for project management and spending Consultancy fee issued in Circular 16/2019 / TT-BXD to update the price of project management package, consultancy package.
– For project management and consultancy contracts signed before February 15, 2020, the contract contents shall comply with the provisions of law applicable to the contract.
The issuance of a circular creates a clear legal corridor for agencies, organizations and individuals in determining project management costs and construction investment consultancy for projects funded with state budget capital, non- state budget capital, and investment project in the form of public-private partnership.

The Government continues to carry out key tasks and solutions to improve the business environment and improve national competitiveness in 2020
回答

The Government has just promulgated Resolution 02 / NQ-CP on continuing to carry out the main tasks and solutions to improve the business environment and enhance national competitiveness in 2020, effective from 01/01/2020.
Accordingly, continue to improve scores and rankings of business environment indicators as follows:
About start – up
+ The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Planning and Investment in building an online labor information recording system connected to the National Business Registration Information System (completed in the fourth quarter of 2020).
+ The Ministry of Planning and Investment continues to improve the draft Enterprise Law (amended) and submit it to the National Assembly at the May 2020 session; …
Regarding contract dispute resolution and business bankruptcy settlement
+ The Ministry of Justice guides the implementation of measures to improve the contract dispute resolution index and business bankruptcy settlement; propose amendments to the Law on Civil Judgment Execution to simplify procedures, shorten time and reduce civil judgment execution costs. Implementing fee collection through non-cash method.
Promote cashless payments and provide online public services in level 4
+ Ministers and Heads of ministerial-level agencies direct the provision of at least 30% of online public services under their jurisdiction at level 4; allowing people and enterprises to pay without using cash by many different means; integrate into the National Public Service Portal according to the roadmap; accelerate the method of receiving dossiers and returning results of handling administrative procedures through public postal services.
About construction permit
+ MOC revises the process and procedures for granting construction permits in order to shorten the time of granting permits and construction inspection and examination not exceeding 50 days;
+ Proposing the application of risk management methods in construction investment activities to reduce the number of inspections and the number of approvals; …
According to Resolution 02 / NQ-CP, the Government has introduced a lot of solutions to increase competitiveness for businesses, contributing to promoting economic development, creating a friendly business environment, attracting many investors. domestically and internationally.

Stipulating the total limit of transactions via e-wallet of an individual customer at an e-wallet supplier
回答

On November 22, 2019, the State Bank of Vietnam (SBV) issued Circular No. 23/2019 / TT-NHNN, amending and supplementing a number of articles of the Governor’s Circular No. 39/2014/TT-NHNN. The State Bank of Vietnam guides payment intermediary services.
Accordingly, stipulating the total limit of transactions via individual e-wallets of 1 customer at 01 e-wallet service provider (including payment transactions for legal goods and services and delivery). Maximum transfer of money from e-wallets to other e-wallets opened by the same e-wallet service provider is VND 100 million / month. Earlier, in the draft of this Circular, the State Bank proposed an electronic wallet transaction limit for individuals of VND 20 million / day and VND 100 million / month; of the organization is VND 100 million / day and VND 500 million / month. This proposal received mixed opinions, saying that this limit would curb electronic payments.
The above regulations do not apply to individual e-wallets of persons having contracts/agreements acting as payment acceptance units with e-wallet service providers.
At the same time, the Circular also supplements the regulations on authenticating information about customers opening e-wallets as follows:
The e-wallet owner must provide, update fully and accurately the information in the e-wallet opening document to the e-wallet service provider and take responsibility for the truthfulness of the information. provided.
The e-wallet service provider is responsible for checking, comparing and ensuring that the e-wallet application is complete and valid according to Clauses 1, 2 and 3, Article 9 of the Circular. 39/2014 (amended and supplemented in Clause 3 Article 1 of Circular 23/2019).
Circular 23/2019 / TT-NHNN takes effect from January 7, 2020 and repeals Clause 3 Article 25 of Circular 37/2016 / TT-NHNN; amending and supplementing Point d Clause 1 Article 5 of Circular 04/2016 / TT-NHNN. The regulation of transaction limits for e-wallets aims to minimize the risk of taking advantage of money laundering and committing illegal acts.

The level of legal capital of a credit institution, foreign bank’s branch
回答

On November 14, 2019, the Government issued Decree 86/2019 / ND-CP providing for the legal capital of credit institutions and foreign bank branches. This Decree takes effect from January 15, 2020.
Accordingly, Article 2 of the Decree stipulates the level of legal capital for each entity as follows:
1. Commercial bank: VND 3,000 billion
2. Policy bank: VND 5,000 billion
3. Cooperative bank: VND 3,000 billion
4. Foreign bank branches: US $ 15 million (USD).
5. Financial company: VND 500 billion.
6. Financial leasing company: VND 150 billion.
7. Microfinance institutions: VND 5 billion.
8. People’s credit fund operating in a commune or a town (hereinafter referred to as commune): VND 0.5 billion.
9. People’s credit fund operating in one ward; people’s credit fund operating in inter-commune, inter-ward and inter-ward areas: VND 1 billion.
Businesses related to the field of finance – banking always carry risks, in case of incidents, they will cause unforeseen losses to related entities. Therefore, the issuance of Decree 86/2019 / ND-CP clearly defines the legal capital of entities operating in the field of finance and banking, in order to ensure payment and overcome when there are risks. arising, enhance the peace of mind of entities related to financial – banking activities.

Criteria for investment efficiency assessment of public investment projects
回答

On January 1, 2020, the Government issued Decree No. 01/2020 / ND-CP amending and supplementing a number of articles of the Government’s Decree No. 84/2015 / ND-CP of September 30, 2015, on investment supervision and assessment. This Decree takes effect from the date of signing.
Accordingly, Decree No. 01/2020 / ND-CP issued, the Government has added many important provisions for public investment projects. In which, there are regulations on evaluation criteria for investment efficiency of public investment projects. Specifically include the following criteria:
– The level of achieving project investment objectives according to the approved investment decisions;
– The actual exploitation and operation index of the project compared with the project’s exploitation and operation indices;
– Internal rate of return (EIRR);
– Socio-economic, environmental impacts and other specific development objectives (poverty reduction, gender equality, policy households, priority subjects);
– Measures to minimize negative social and environmental impacts are taken.
In addition, for the evaluation of the efficiency of public investment, the Decree has supplemented the provisions on methods to evaluate the efficiency of investment in public investment projects as follows:
– Depending on the scale and nature of the project, a comparison and comparison method can be used (between actual results / data collected at the time of the evaluation and the set objectives / plans; or between project parameters at the time of evaluation with standard indicators; or a combination)
– Or a cost-benefit analysis method;
The promulgated Decree No. 01/2020 / ND-CP has solved many shortcomings in the process of implementing public investment projects, while Decree No. 84/2015 / ND-CP has encountered many difficulties during the time of implementation. Thereby, Decree No. 01/2020 / ND-CP is a firm legal basis to assess and implement public investment projects more effectively and avoid loss of state budget.

Legal News No. 03/2020
回答

Acts of sanctioning administrative violations in the field of state treasury
回答

On December 19, 2019, the Ministry of Finance issued Circular No. 87/2019 / TT-BTC guiding the sanctioning of administrative violations in the field of state treasury. This Circular takes effect from February 1, 2020.
This Circular guides administrative violations, sanctioning levels and remedial measures in the field of State Treasury prescribed in Decree No. 63/2019 / ND-CP of July 11, 2019. of the Government stipulating sanctions against administrative violations in the field of management and use of public assets; practice thrift against waste; national reserve; State Treasury (hereinafter referred to as Decree No. 63/2019 / ND-CP).
This Circular prescribes acts of administrative sanction in the field of State Treasury as follows:
+ Violations of regulations on state budget expenditures must be included in state budget estimates assigned by competent authorities;
+ The act of compiling dossiers and documents in contravention of the prescribed regime and the act of compiling dossiers and vouchers which are different from the original dossiers and vouchers at the units, but not seriously enough to be examined for penal liability;
+ Acts of making fake documents and vouchers for state budget spending, but not seriously enough to warrant examination for penal liability;
+ Acts of violating the regime of payment of state budget expenditures;
+ Violations of procedures for controlling expenditure commitment;
+ Acts of violating procedures and time limit for making advance payments to the State budget;
+ Acts of violating regulations on registration and use of accounts at the State Treasury;
+ The act of making fake documents and papers for carrying out procedures for registration and account use at the State Treasury, but not to the extent of being examined for penal liability.
Each violation will have different administrative sanctions. The circular helps subjects such as: Organizations and individuals that commit administrative violations in the field of state treasury; Persons competent to sanction administrative violations in the field of state treasury; Persons competent to make records on administrative violations in the field of state treasury; Organizations and individuals involved in the sanctioning of administrative violations in the field of State Treasury can easily monitor as well as perform.

Salary of part-time people working in villages and residential quarters since 2020
回答

On November 6, 2019, the Ministry of Home Affairs issued Circular No. 13/2019 / TT-BNV guiding a number of regulations on communal cadres and civil servants and part-time officials at commune, village, residential area. This Circular takes effect from December 25, 2019.
Previously, in Clause 6, Article 2 of Decree 34/2019 / ND-CP dated April 24, 2019, there were regulations on part-time people working in villages and residential quarters with no more than 03 people entitled to goods allowances per month from the state budget and only apply to titles, namely: Party Cell Secretary; Village Head or Neighborhood Leader; Chief of Working Front
On that basis, Article 13 of Circular 13/2019 / TT-BNV continues to provide guidance on salaries for part-time officials working in villages and residential quarters with the following contents: fund allowances equal to 3.0 times the basic salary to pay monthly for part-time workers in each village and residential quarter. Particularly for the following villages, the allowance fund is equal to 5.0 times the basic salary:
+ The village has 350 households or more;
+ Village of key communes with complicated security and order under a decision of a competent authority;
+ The village belongs to a border commune or an island.
The current base salary of cadres and civil servants is VND 1,490,000 according to Decree 38/2019 / ND-CP. In the spirit of Resolution 86/2019 / QH14 on the 2020 State Budget estimate, the above salary, calculated from July 1, 2020, will be VND 1,600,000. Therefore, it is conceivable, the salary of the part-time activist in villages and residential quarters:
By the end of June 2020:
+ 1,490,000 * 3 = 4,470,000 VND
+ 1,490,000 * 5 = 7,450,000 VND
Since July 1, 2020:
+ 1,600,000 * 3 = VND 4,800,000
+ 1,600,000 * 5 = 8,000,000 VND
In summary, the issuance of Circular 13/2019 / TT-BNV continues to show the State’s interest in efforts to improve the lives of cadres, civil servants or those who perform the work of the House. The country through increasing and recognizing salaries and allowances, ensuring commensurate with the efforts and contributions and encouragement for cadres, civil servants and non-specialized people to continue to strive for their careers because water, for the people.

New regulations on organization and operation of the huissier
回答

On January 8, 2020, the Government issued Decree No. 08/2020 / ND-CP stipulating the organization and operation of the huissier.
Accordingly, from February 24, 2020, when the Decree comes into effect, the making and use of licenses issued by the huissier will have to comply with the new provisions of Decree 08/2020 above. Specifically:
The huissier will not be allowed to make a certificate to confirm the content, the signing of the contract, the transactions prescribed by law under the scope of notarization and authentication activities; certifying the accuracy, legality and non-social morality of the translation of papers and documents from Vietnamese into foreign languages ​​or from foreign languages ​​into Vietnamese; certify signatures and copies true to the originals or record events and acts to transfer the right to use, ownership of land and assets without papers evidencing the right to use or ownership according to the regulations of law.
In addition, the Decree also for the first time recorded specifically the legal value of Vi equals. According to Article 36 of the Decree, a valid certificate recognizes real events and acts that are not a substitute for notarization, authentication or other administrative documents. Vi bang is a source of evidence to consider in the process of resolving civil and administrative disputes.
Thus, with the promulgation of Decree 08/2020, the Government has taken action to reorganize the huissier’ operations, limiting the variables of committing activity to equal property transactions, real estate is not yet eligible for transaction or has no certificate of ownership or use right yet. At the same time, it helps people have a complete and correct awareness of the legal value of degree making.