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法律解答
New regulations on sanctioning of administrative violations regarding violations of regulations on foreign exchange activities
回答

On November 14, 2019, the Government issued Decree No. 88/2019 / ND-CP stipulating penalties for administrative violations in the field of currency and banking. This Decree takes effect from December 31, 2019 and replaces the Government’s Decree No. 96/2014 / ND-CP of October 17, 2014, on sanctions against administrative violations in the field of currency and banking .
In particular, the provisions on sanctioning administrative violations for the violations of the regulations on foreign exchange activities are as follows:
Caution for one of the following acts: Buying and selling foreign currencies between individuals and foreign currencies bought or sold valued at under US $ 1,000 (or other foreign currencies of equivalent value); buying and selling foreign currencies at organizations that are not allowed to exchange foreign currencies but the foreign currency purchased or sold is valued at under US $ 1,000 (or other foreign currency of equivalent value); payment of goods and services in foreign currencies valued at under US $ 1,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of from 20-30 million dong for one of the following acts: Failing to post up the buying and selling exchange rates at transaction locations as prescribed by law; listing exchange rates for buying and selling foreign currencies but the forms and contents of exchange rates are unclear, causing confusion for customers; Buying and selling foreign currencies between individuals, with the foreign currency bought or sold valued at between US $ 10,000 and under US $ 100,000 (or other foreign currency of equivalent value); buying and selling foreign currencies at organizations which are not allowed to exchange foreign currencies but the foreign currency purchased or sold is from USD 10,000 to less than USD 100,000 (or other foreign currencies of equivalent value); payment of goods and services in foreign currencies valued from US $ 10,000 to under US $ 100,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of between VND 10-20 million for one of the following acts: Buying and selling foreign currencies between individuals, with foreign currencies bought or sold with a value of from USD 1,000 to under USD 10,000 (or other foreign currencies with Equivalent value); buying and selling foreign currencies between individuals, with the value of which the foreign currency is bought and sold valued at under US $ 1,000 (or other foreign currency of equivalent value) in case of repeated violations or repeated violations; payment of goods and services in foreign currencies valued at under US $ 1,000 (or other foreign currencies of equivalent value) in contravention of law provisions in case of repeated violations or violations; payment of goods and services in foreign currencies valued from US $ 1,000 to under US $ 10,000 (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of from VND 80-100 million shall be imposed for one of the following acts: Buying and selling foreign currencies between individuals and the foreign currencies bought or sold with a value of 100,000 USD or more (or other foreign currencies of similar value equivalent); buying and selling foreign currencies at organizations that are not allowed to exchange foreign currencies but the foreign currency purchased or sold is valued at US $ 100,000 or more (or other foreign currencies of equivalent value); payment of goods and services in foreign currencies valued at US $ 100,000 or more (or other foreign currencies of equivalent value) in contravention of law provisions.
A fine of between VND 30-50 million for one of the following acts: Signing a foreign currency exchange agent contract with an organization not eligible to act as a foreign currency exchange agent; failing to guide and inspect foreign currency exchange agents according to the provisions of law; fail to strictly perform the responsibilities of the foreign currency exchange agent as prescribed by law; acting as foreign currency exchange agent concurrently for two or more credit institutions in contravention of law provisions; transferring, carrying foreign currencies and Vietnamese dong abroad, into Vietnam in contravention of law provisions, except for administrative violations in the field of customs; …
Decree 88/2019 / ND-CP was issued to overcome the inadequacies of Decree 96/2014 / ND-CP on penalties for administrative violations in foreign exchange transactions.

Conditions on capital for air transport business enterprises
回答

On November 15, 2019, the Government issued Decree No. 89/2019 / ND-CP amending Decree 92/2016 / ND-CP providing for conditional business lines and trades in the field of civil aviation. and Decree 30/2013 / ND-CP on air transport business and general aviation activities. This Decree takes effect from January 1, 2019.
Accordingly, Decree No. 89/2019 / ND-CP stipulates the capital conditions for air transport business enterprises as follows:
Minimum capital (including equity and loans) to establish and maintain air transport business enterprises:
Operate up to 10 aircraft: VND 300 billion;
Operate from 11 to 30 aircraft: 600 billion Vietnam dong;
Operate over 30 aircraft: 700 billion Vietnam dong.
Minimum capital to establish and maintain a common aviation business: VND 100 billion.
Foreign-invested air transport business enterprises must meet the following conditions:
Foreign investors account for no more than 34% of the charter capital;
There must be at least one Vietnamese individual or a Vietnamese legal entity holding the largest charter capital;
In case a Vietnamese legal entity with foreign owned capital contributes capital, the foreign capital contribution shall not exceed 49% of the legal capital of the legal entity.
As can be seen, the Decree 89/2019 / ND-CP issued has created favorable conditions for air transport business enterprises to meet capital requirements. Thereby, increasing competitiveness and opening up opportunities for businesses planning to conduct this business in the future.

Guiding a number of articles of Law on animal husbandry
回答

On 30 November 2019, Ministry of Agriculture and Rural Development issued Circular No. 23/2019/TT-BNNPTNT guiding a number of articles of Law on animal husbandry. This Circular comes into effect from 15 January 2019.
Accordingly, the Circular reflects many notable regulations as follows:
1. Decleration of animal husbandry activities
– Organisations, individuals must declare the number of livestock that they raise to commune-level People’s committee from the 25th to the 30th of the last month of each quarter.
2. Safe distance in livestock farming
– Minimum distance from a small-scale animal husbandry farm to a concentrated area for treatment of domestic and industrial waste, is at least 100 meters; and to a school, a hospital, a market, a water source for residential communities must be at least 150 meters.
– The distance from a medium-sized animal husbandry farm to a concentrated area for treatment of domestic and industrial waste is at least 200 meters; and to a school, a hospital and a market must be at least 300 meters.
– The distance from a large-scale livestock farm to a concentrated area for treatment of domestic and industrial waste must be at least 400 meters, and to a school, a hospital, a market, a water source for the community must be at least 500 meters.
– The distance between 2 different livestock farms is at least 50 meters.
3. Safe distance in breeding honey bees
– The location of breeding honey bee is home to at least 50 domestic bees or 100 foreign bees.
– Distance between 2 locations home to domestic bees is at least 1 km; distance between 2 locations home to foreign bees is at least 2 km; distance between a location home to foreign bees and that to domestic bees is at least 2 km.
Circular No. 23/2019/TT-BNNPTNT provides with many detailed regulations about declaration of and safe distance in animal husbandry activities, helping relevant organizations and invididuals to enforce Law on animal husbandry 2018 effectively.

Guidance of digital signature and electronic signing on electronic invoice
回答

On September 30, 2019, the Ministry of Finance issued Circular 68/2019 / TT-BTC guiding the implementation of Decree 119/2018 / ND-CP providing for electronic invoices when selling goods and providing services.
Accordingly, at Point dd, Clause 1, Article 3, digital signature, electronic signatures of sellers and buyers on e-invoices are prescribed as follows:
– In case the seller is an enterprise or organization, the seller’s CKS on the invoice is CKS of the enterprise or organization; In case the seller is an individual, use an individual’s CKS or an authorized person.
– In case the buyer is a business establishment and the buyer and seller agree upon the purchaser’s satisfaction of the technical conditions for signing the serial number and signing electronically on an electronic invoice made by the seller, the buyer shall sign Numbers, digitally sign on invoices.
– In case of electronic invoices do not necessarily have CKS, electronic signatures of the seller and the buyer comply with Clause 3 Article 3 of this Circular.
Circular 68/2019 / TT-BTC takes effect from November 14, 2019.

Procedure for licensing representative offices of foreign credit institutions
回答

On December 2, 2019, the State Bank of Vietnam (SBV) issued Circular No.25/2019/TT-NHNN, amending and supplementing a number of articles of the Governor’s Circular No. 40/2011 / TT-NHNN. The State Bank of Vietnam provides for the licensing and organization and operation of commercial banks, foreign bank branches, representative offices of foreign credit institutions and other foreign organizations engaged in activities in Vietnam.
Accordingly, the Circular has supplemented the provisions on the authority of the directors of the State Bank branches in provinces, cities directly under the Central Government, namely: “Issuing licenses, amending and supplementing licenses for representative offices ”(Point b Clause 2 Article 1). The current laws only stipulate the licensing competence of the Governor of the State Bank.
At the same time, it also amended the order and procedures for establishing representative office licenses as follows:
– Foreign credit institutions and other foreign organizations conducting banking activities shall compile dossiers of application for licenses under Article 13 and Article 18 of Circular 40/2011 / TT-NHNN and submit them directly or send via postal services to the State Bank branches in provinces, cities under the central Government’s management (hereinafter referred to as the State Bank branch) where the representative office is expected to locate its head office.
Within 30 days from the date of receipt of the application file for a License, the State Bank branch shall send a written request to the foreign credit institution and foreign organization engaging in banking activities to certify that it has received a complete and valid application file. rate. In case the dossier of application for a License is incomplete and valid as prescribed, the State Bank branch shall send a written request to the foreign credit institution or other foreign organization engaging in banking activities to request the supplementation of the dossier.
– Within 60 days from the date of sending the written confirmation of receipt of the complete and valid file, the branch State Bank shall issue the License as prescribed. In case of refusal to grant a license, the State Bank branch shall issue a written reply to foreign credit institutions and other foreign organizations engaging in banking activities, clearly stating the reason for not granting the License.
According to current regulations, the entity that receives, processes applications and issues licenses is the SBV.
Amending and supplementing a number of articles of Circular 40/2011 / TT-NHNN creates a clear legal corridor for foreign credit institutions, enhancing the role and responsibilities of the State Bank branches in provinces and cities cities under central authority in state management.

Legal News No. 46/2019
回答

Amending and supplementing a number of contents to guide the implementation of the Law on Insurance Business
回答

On November 1, 2019, the Government issued Decree No. 80/2019 / ND-CP with the content of amending and supplementing a number of regulations guiding the implementation of the Law on Insurance Business.
Accordingly, an additional important content is the regulations on Insurance ancillary services, according to which, from November 1, 2019, individuals and organizations participating in the provision of insurance ancillary services must meet the conditions prescribed in the above Decree. Specifically:
For individuals providing insurance consultancy services: Being full 18 years or older, having full civil act capacity; University degree or higher in insurance industry. If not, must have a university degree or higher in another major and have a certificate of insurance consulting, which is issued by a training institution that is legally established and operates at home and abroad.
For organizations providing insurance auxiliary services: Having the legal person status, legally established and operating; Individuals directly engaged in insurance auxiliary activities must be full 18 years old and have full civil act capacity; have diplomas and certificates of insurance auxiliaries suitable to the type of insurance ancillary services provided by training establishments that are legally established and operate at home and abroad.
Particularly for individuals directly conducting loss assessment, they must also meet the standards of assessors according to the provisions of commercial law; Individuals directly performing insurance calculation must meet the standards of practicing actuarial practice and be a member of the Association of International actuaries.
Therefore, with the promulgation of Decree No. 80/2019 / ND-CP above, the Government has timely made important amendments and supplements to ensure the compatibility of the legal system in the time of the Law amending and supplementing the effective Law on Insurance Business and the Intellectual Property Law.

The order of issuing decision on revocation of electricity activity license
回答

On August 26, 2019, the Ministry of Industry and Trade issued Circular No. 15/2019 / TT-BCT amending Clause 1 and Clause 4 Article 12 of Circular No. 36/2018 / TT-BCT dated October 16, 2018. order and procedures for granting and withdrawing electricity activity licenses. This Circular takes effect from October 15, 2019.
Accordingly, Clause 2 Article 1 of Circular 15/2019 / TT-BCT provides for the order of issuing decisions on revocation of electricity activity licenses, specifically as follows:
• If the electricity unit violates Article 37 of the 2004 Electricity Law and the agency that issues the sanctioning decision is also the agency issuing the electricity activity license, the electricity licensing agency shall make decisions on revocation of electricity activity licenses concurrently with sanctioning decisions;
• In case the electricity unit violates Article 37 of the 2004 Electricity Law and the agency that issues the sanctioning decision is not the agency issuing the electricity activity license, the agency issuing the sanctioning decision must notify in writing. electricity licensing agencies shall issue decisions to revoke electricity activity licenses.
• In case of failure to revoke the electricity activity license, the electricity license-issuing body shall reply in writing (clearly stating the reason) to the agency issuing the sanctioning decision.
The stipulation that the agency that issues the sanctioning decision must notify in writing the electricity activity licensing agency in order to enhance their responsibilities, create a uniform and effective state management activity.

New regulations on penalties for land encroachment
回答

On November 19, 2019, the Government issued Decree 91/2019 / ND-CP on sanctioning administrative violations in the field of land, replacing Decree 102/2014 / ND-CP. The Decree has some new points on administrative sanctions in the field of land. In particular, the Decree specifies the cases and corresponding fines for acts of encroaching on and occupying land in rural and urban areas. Accordingly, for acts of land encroachment can be fined up to 1 billion. As follows:
In case of encroachment or appropriation of unused land in rural areas, the following forms and levels of fine: Fine of 2-3 million VND for the encroached land area, occupying less than 0.05 hectares; a fine of 3-5 million VND for an area of ​​land from 0.05 hectares to less than 0.1 hectares; a fine of from VND 5 to 15 million for an area of ​​land of between 0.1 hectares and under 0.5 hectares; a fine of VND 15-30 million for an area of ​​0.5 to less than 1 hectare; A fine of VND 30-70 million for an area of ​​one hectare or more.
In case of encroaching or occupying agricultural land other than rice land, special-use forest land, special-use forest land, protective forest land or production forest land in rural areas, the sanctioning forms and levels are as follows: Fine an amount of VND 3-5 million for the encroached land area, accounting for less than 0.05 hectares; a fine of between VND 5-10 million and an area of ​​land of between 0.05 hectares and under 0.1 hectares; a fine of from 10 to 30 million dong for an area of ​​land from 0.1 hectare to under 0.5 hectare; a fine of VND 30-50 million for an area of ​​0.5 to less than 1 hectare; A fine of VND 50-120 million for an area of ​​one hectare or more.
In case of encroaching or occupying agricultural land, which is rice cultivation land, special-use forest land, protective forest land or production forest land in rural areas, the sanctioning form and level are as follows: A fine of between VND 3-5 million for encroached land area, occupying less than 0.02 hectares; a fine of VND 5-7 million for an area of ​​0.02 hectares to less than 0.05 hectares; a fine of VND 7-15 million for an area of ​​land of between 0.05 hectares and under 0.1 hectares; a fine of VND 15-40 million for an area of ​​0.1 to under 1 hectare; a fine of VND 40-60 million for an area of ​​0.5 to under 1 hectare; A fine of from VND 60-150 million for an area of ​​one hectare or more.
In case of encroaching or occupying non-agricultural land in rural areas, the sanctioning forms and levels are as follows: A fine of VND 10-20 million if the land area is less than 0.05 hectares; a fine of VND 20-40 million if the land area is between 0.05 hectares and under 0.1 hectares; a fine of VND 40-100 million if the land area is between 0.1 hectares and under 0.5 hectares; a fine of VND 100-200 million if the land area is from 0.5 to less than 1 hectare; a fine of VND 200-500 million if the land area is one hectare or more.
In case of encroachment or appropriation of unused land, agricultural land, non-agricultural land in urban areas, the fine level is equal to 2 times the sanctioning level for the respective land categories specified above and the maximum fine level shall not exceed 500 million VND for individuals, not more than 1 billion VND for organizations.
Decree 91/2019 / ND-CP takes effect from January 5, 2020. With many new additions and aggravating forms of administrative sanctions, the Decree is expected to be able to deter and prevent violations, and “be stronger” in dealing with violations in the field of land.

Principles of specialized inspection of export, import and transit goods
回答

On January 14, 2019, the Government issued Decree 85/2019 / ND-CP stipulating the implementation of administrative procedures under the national single-window mechanism, the ASEAN single-window mechanism and specialized inspection of Import – Export goods. This Decree takes effect from January 1, 2020. Accordingly, this Decree mentions the principles of specialized inspection of exported, imported and transited goods. Specific content as follows:
a) Applying risk management principles, assessing the compliance with specialized laws of organizations and individuals to ensure the effectiveness and effectiveness of state management and facilitate export and import activities. password, transit.
b) The specialized inspection agency shall carry out the specialized inspection on the basis of corresponding standards and technical regulations applicable to the inspection items announced by the line ministries or sectors on the national single-window portal. Gia.
c) Depending on management requirements, line ministries may appoint a conformity assessment organization to meet the conditions prescribed by law to perform a number of tasks in specialized inspection. .
d) Application of specialized examination exemption or reduction for:
– Goods have been certified standard conformity, standard conformity certification, standard conformity announcement, conformity announcement, certification of the application of advanced management systems according to international standards, regional standards as prescribed. of line ministries;
– Goods with the conformity assessment results recognized under international treaties to which the Socialist Republic of Vietnam is a signatory.
d) Commodities included in the List of exported and imported goods subject to specialized inspection before customs clearance, imported goods subject to specialized inspection after customs clearance in accordance with specialized laws and meeting all requirements. rear axle:
– Having detailed names of goods with HS codes in accordance with the provisions of specialized laws and Vietnam’s List of Imports and Exports;
– Having corresponding standards and technical regulations applied to goods items used as a basis for goods inspection;
– Having prescribed inspection order, inspection procedure, inspection time limit, specialized inspection agencies and designated conformity assessment organizations (if any).
e) Goods included in the List of imported goods subject to specialized inspection before customs clearance meet the requirements of goods management in each period and fall into one of the following categories: causing high unsafe and causing spread of epidemic. diseases, causing harms to human health and life, causing environmental pollution, affecting social morality, traditions and customs, and harming the economy and national security.
f) For goods on the list of imported goods subject to specialized inspection after customs clearance, relevant line ministries shall organize the inspection of imported goods according to the provisions of law; The inspection results are considered to adjust the List of imported goods subject to specialized inspection before customs clearance and assess the compliance of organizations and individuals to decide the form and extent of specialized inspection.