On September 16, 2019, the State Auditor General issued Decision No. 03/2019 / QD-KTNN on the responsibility to send financial statements, budget settlement reports to the State Audit Office of the units. be audited. Decision 03/2019 / QD-KTNN takes effect from October 31, 2019. Whereby:
Budget estimating units of level I shall send the State budget revenue and expenditure settlement reports to the SAV before October 1 of the following year.
Provincial People’s Committee:
Send the local budget settlement report to the SAV before October 1 of the following year;
Send local budget finalization to SAV within 05 working days from the date on which the provincial People’s Council approves;
The Ministry of Finance sends the State budget settlement report to the SAV within 14 months after the end of the budget year.
State enterprises, parent companies, state corporations holding dominant shares:
Ending the fiscal year, preparing and sending a financial statement, a statement of budget revenues and expenditures within its management to the SAV within 90 days from the end of the annual accounting period;
In cases where there are other provisions on the time of preparing and issuing financial statements, reports on final settlement of budget revenues and expenditures, they shall be sent to the SAV after the time of elaboration and issuance according to separate regulations.
In summary, the promulgation of Decision 03/2019 / QD-KTNN creates a clear legal corridor for units to grasp the implementation, creating unity and efficiency in the state management.
On August 21, 2019, the Ministry of Finance issued Circular 55/2019 / TT-BTC guiding the handing over of debts and excluded assets when transforming state enterprise.
This Circular provides for the principle of handing over, receiving debts and eliminating assets as follows:
– Debts and assets transferred and received must ensure sufficient documents (for debts) and in kind (for properties). In case the debt does not have sufficient documents and the property is no longer in kind, the Debt Managment Company shall send a written request to the owner representative agency and the business notify the reason for not accepting the enterprise to continue managing, monitoring or handling according to the current regulations on business ownership transformation.
– To be implemented based on the decision to announce the enterprise value of the owner representative agency in accordance with the law on enterprise ownership transformation. This decision must specify the value of the debt and the excluded assets, as a basis for the debt repayment Fair to receive.
– In case the owner representative agency decides to announce the adjustment of enterprise value:
a) If the enterprise has not signed a Handover Agreement of debts and excluded assets with Debt Managment Company, then hand over debts and excluded assets according to the decision on announcement of value adjustment. enterprise.
b) If the enterprise has signed Handover Agreement and assets excluded from Debt Managment Company under the decision on corporate value announcement, the owner representative agency shall issue a written request to the debt financing agency to notify the current status of the excluded debts and assets. received under Handover Agreement according to the criteria: processed, withdrawn and not yet processed, revoked before announcing the decision to adjust the enterprise value.
– The owner representative agency, Debt Managment Company and enterprises must prepare Handover Agreement, with the signatures of the parties. The owner representative agency may authorize (in writing) the Chairman of Member’s Counsil/ Director/Enterprtise’s representative according to the law of the enterprise with the debt and the excluded assets to hand over to the debt financing agency.
– Debt Managment Company inherits all rights and obligations of creditors and property owners as prescribed from the signing date of Handover Agreement, and the enterprise is responsible for informing debtors and relevant agencies of the transfer of rights creditors to Debt Managment Company of commercial banks (within 10 days),
– For debts and excluded assets received under the designation of the Prime Minister (if any), owner representative agency, Debt Managment Company and enterprises shall hand over, receive and handle debts and assets as for with debt, assets excluded from the value of the converted enterprise ownership and in accordance with the direction of the Prime Minister. In case of any problems, Debt Managment Company report to the Ministry of Finance for consideration and settlement of rights or report to the Prime Minister for decision.
– Enterprises shall handle financially for debts and excluded assets according to the provisions of law for each form of ownership arrangement and conversion.
On August 8, 2019, the Ministry of Finance issued Circular No. 50/2019 / TT-BTC prescribing the Auction Guide for the auction of shares and receivable debts of state enterprises with the function of buying, selling and handling. The loan takes effect on October 1, 2019.
Accordingly, Circular No. 50/2019 / TT-BTC has the following outstanding contents:
– Subjects of application of this provision include: State enterprises with the function of buying, selling and handling debts (hereinafter referred to as debt trading enterprises); Joint-stock companies (unlisted or registered for trading on stock exchanges; already listed or registered for trading but not performing transactions on stock exchanges), at the same time having contributed capital and receivable debts of debt trading enterprises; Organizing auctions; Investors participating in the purchase of shares with debt receivables; Other organizations and individuals related to the transfer of capital together with receivable debts.
– Debt purchase and sale enterprises shall transfer the shares lots together with their receivable debts according to the business plans and plans approved by the Members’ Council or the company presidents according to their prescribed competence.
– Auction order: The Board of members or the company’s President of the debt trading company shall decide the auction price of the share lot with receivable debts but not lower than the starting price of the share lot plus. with the reserve price of receivable debts; Organize the auction of shares with debt receivables; Compilation of auction documents of shares with receivable debts; Information disclosure; Conducting auction; Determining auction results; Handling auction results.
Therefore, Circular No. 50/2019 / TT-BTC provides detailed guidance on the order and procedures for conducting auction of shares with receivable debts of state enterprises with the function of buying, selling and handling in debt collection.
On September 9, 2019, the Chief Justice of the Supreme People’s Court announced three criminal cases under Decision No. 293 / QD-CA, including the No. 28/2019 / AL case law on ” murder in a state of agitation “. The case law was applied in the hearing from October 10, 2019.
Some notable contents of the case law No. 28/2019 / AL:
Case law: The victim committed a series of illegal acts to attack the defendant continuously and prolonged, causing the defendant to be psychologically inhibited and mentally agitated. In a state of incontinence, the defendant pierced the victim with a knife to escape the attack. The defendant is not fully aware of the nature and extent of danger of the acts he has committed. The consequences lead to death;
Consistent judgment of courts of all levels:
Criminal record of first instance No. 14/2017 / HSST dated May 9, 2017 of the People’s Court of Dak Lak province penalizing defendant 02 (two) years 06 (six) months of imprisonment on charges of “Murder in state the spirit is strongly agitated ”
Appellate criminal sentence No. 200/2017 / HSPT dated August 10, 2017 of the Supreme People’s Court in Da Nang, revising the first-instance judgment on penal liability and sanctioning the defendant for 07 (seven) years jail for “Murder” charges.
Judgment of the Council of Judges of the Supreme People’s Court:
The victim is the one who caused, attacked the defendant first;
Attack behavior of the victim takes place continuously with increasing levels
The acts of the victim are illegal, infringing on the physical safety of the defendant;
In a state of agitation leading to a loss of self-control, not fully aware of the nature and severity of their acts, the defendant pierced the damaged chest with a knife to escape the attack;
The appellate court judged that the defendant was mentally agitated, but not to the extent of strong agitation, not yet an objective and comprehensive consideration of the causes and course of the incident as well as the severity serious and continuous acts of unlawful acts of victims, thereby transferring the offense from “Murdering in a state of strongly agitated spirit” to “Murdering” with respect to the accused.
The announcement of the 28/2019 / AL case law of the Chief Justice of the Supreme People’s Court has created an important legal foundation, unifying how to identify crimes for the crime of ” murder in a state of agitation “, contributing to ensuring that the Court’s judicial work is fair, right person, right crime.
On August 30, 2019, the Government issued Decree No. 71/2019 / ND-CP stipulating sanctions against administrative violations in the field of chemicals and industrial explosives. Decree No. 71/2019 / ND-CP (hereinafter referred to as “Decree”) takes effect from October 15, 2019. This Decree expires 02 previous Decrees: Decree No. 163/2013 / ND-CP and Decree No. 115/2016 / ND-CP.
Highlights of the Decree:
– Removing “fertilizer” from the scope of regulation of the Decree.
– More detailed subjects subject to the Decree instead of just general provisions are Vietnamese organizations and individuals and foreign organizations and individuals as previous Decrees. At the same time, adding a new object as Business Household will be applied as the same regulations as for individuals.
– Adding some new remedies such as: Forced cancellation of inspection results of chemical safety training of organizations and individuals engaged in chemical activities; Forced recycling of home-made electric and electronic products with toxic chemical content in excess of the permitted content limit; Forced recycling of insecticidal and germicidal preparations for domestic and medical use is also capable of recycling ….
– The number of violations in the field of chemicals is more, more specific and detailed than previous Decrees. Specifically: For violations in the field of chemicals specified in 48 articles, while in the old Decree only included 5 articles (up 44 articles).
– Competence to sanction administrative violations: Unifying all subjects with competence to sanction administrative violations scattered in the previous 2 Decrees, specifically: Chairmen of People’s Committees at all levels ; Inspect; Police; Customs; Market management; Borderlands security; Vietnam Coast Guard.
The values that Decree No. 71/2019 / ND-CP brings:
– Collect all the previous regulations governing management and sanctions in the field of chemicals and industrial explosives lying in separate Decrees and Amendments to amendments, together Best.
– The provisions of the Decree are stipulated in a clearer and more systematic manner than the previous Decrees, which makes it easier and easier to search and grasp the content of documents. , increased application efficiency simultaneously shows progress in state legislative techniques.
– Regulations supplementing more regulations to regulate violations in the field of chemicals and industrial explosives. Help increase the efficiency of state management activities in the field of chemicals and industrial explosive materials when the situation of the violations is getting more and more complex and causing great damage to society. from breaching regulations in storage operations, using unsafe industrial chemicals and explosives.
On September 3, 2019, the Minister of Culture, Sports and Tourism issued Circular No. 08/2019/TT-BVHTTDL stipulating the process of judicial expertise for cultural products. This Circular takes effect from November 15, 2019.
Accordingly, this Circular prescribes the judicial expertise process to conclude cultural professional issues for cultural products (except relics, antiques and copyright and related rights domains) according to solicit by procedure-conducting bodies, persons conducting legal proceedings or at the request of persons requesting judicial expertise. As follows:
Step 1: Receive requests, solicit expertise
Judicial experts or judicial expertise organizations shall receive solicitation and request for assessment together with expertised objects, relevant documents and objects (if any) for assessment; In case of ineligibility for expertise, they will refuse according to the provisions of law.
Step 2: Prepare to conduct inspection
The judicial expert or judicial examination organization conducts a study of the solicitation, request and specific provisions of relevant laws in order to prepare for a judicial assessment (at the same time select a supervisor) assessors, assign responsible persons and coordinate the assessment). When it is necessary to clarify contents and objects of assessment, request solicitors or request relevant information and documents. The assessment organization conducts object assessment in the form of collective assessment (the number of expert witnesses must be 3 or more). In case of necessity, the assessor shall organize the taking of test results or other professional conclusions before making an evaluation.
Step 3: Conduct an assessment
Judicial experts shall examine the expertised objects and relevant documents to make professional judgments on the expertised objects on the basis of: reviewing the overall contents of cultural products; Examine the characteristics of shapes, sizes, colors, decorations and other relevant characteristics of cultural products.
For expertises who cannot be moved or are difficult to move, the expert witnesses must organize the examination at the requester’s or solicitor’s place of storage. In this case, the assessment organization must be recorded in a minutes and kept in the expertise file.
Step 4: Draw assessment conclusions
Based on judicial expertise results, test results or other professional conclusions (if any), relevant law provisions or general cultural norms, judicial experts shall conclude on inspection object.
Step 5: Hand over assessment conclusions
When the implementation of judicial expertise is completed, the expert witnesses and the judicial expertise organizations must hand over the expertising conclusions to the solicitors or request for expertise.
Step 6: Set up, keep assessment records
Expert witnesses and judicial expertise organizations shall prepare judicial expertise dossiers for cultural products according to law provisions.
On August 26, 2019, the Ministry of Finance issued Circular No. 57/2019 / TT-BTC providing guidance on the mechanism of handling credit risks of credit guarantee funds for small and medium-sized enterprises. This Circular takes effect from October 15, 2019.
Accordingly, Article 13 of Circular 57/2019 / TT-BTC stipulates the handling of security assets for the debts of the guaranteed party at the credit guarantee fund, specifically:
Credit guarantee funds may handle security properties to recover debts when:
a) Subjects considered are customers at risk due to one of the risk review cases specified in Article 7 of this Circular or according to the agreement between the Credit Guarantee Fund and customers in the Debt Collection Agreement and obligors in the signed Debt Guarantee Contract.
b) Debts of customers that have been restructured, frozen, written off, or not yet restructured, frozen, or written off, but the Credit Guarantee Fund has appraised and assessed if the restructuring measures are applied debt, freezing, debt write-off interest, customers also can not repay the principal to the Credit Guarantee Fund as committed.
For the difference between the proceeds from the disposal of security properties and the book value of debts (after subtracting expenses prescribed by law), it will be handled as follows:
a) If the proceeds from the handling of security assets are higher than the book value of debts: the credit guarantee fund shall handle the balance as agreed upon between the credit guarantee fund and customers at the Compulsory Debt Agreement and the guarantor of the signed Debt Guarantee Agreement (if any);
b) In case the proceeds from the handling of security assets are lower than the book value of debts: Credit guarantee funds shall have to continue monitoring and recovering the remaining debts (principals, interests) according to the prescribed regime or considering application of other risk handling measures as prescribed in this Circular.
4. In the case of general collateral for loans and guarantees, the disposal of security assets shall be in accordance with the agreement between the Credit Guarantee Fund and the guarantee accepting party in accordance with clause 3 of Article 33 Decree No. 34/2018 / ND-CP of the Government.
The promulgation of Circular No. 57/2019 / TT-BTC aims to create grounds, bases as well as compliance with the law on handling of security assets for debts of small and medium-sized enterprises at the Credit Guarantee Fund.
On August 15, 2019, the Government issued Decree 69/2019 / ND-CP stipulating the use of public assets to pay investors when implementing construction investment projects in the form of Build – Transfer Contract (B-T Project). This Decree takes effect from October 1, 2019.
Accordingly, Article 5 of Decree 69/2019 / ND-CP stipulates the land fund used to pay investors to implement BT projects, specifically:
1. The land fund shall be paid to investors in the form of land allocation with land use levy payment or land rental with full one-off rental payment for the entire lease term in accordance with the land law.
2. The land fund to be paid to investors is land without land clearance or land which has been completed for site clearance, ensuring the following provisions:
a) Land is subject to land use plannings and plans approved by competent state agencies.
b) The land recovery for the land fund paid to the investors implementing BT projects must comply with the land law.
c) In case the land fund that has been used for site clearance has been paid to the investor to execute a BT project, the provincial-level People’s Committee shall report to the Prime Minister for consideration and decision before deciding on the owner. Investment project.
On that basis, the competent state agency shall select the land fund to be paid to the investor to ensure that the value of the land fund expected to be paid is equivalent to the value of the approved BT project, of which:
– When signing a BT contract, if the actual value of the land fund cannot be determined, the estimated equivalent land fund value determined at the time of signing the BT contract is equal to (=) the expected land area (x) with Land price according to new purpose of use on the Land Price List issued by the provincial People’s Committee (x) with the Land price adjustment coefficient to calculate land use levy or land rent issued by the provincial People’s Committee.
– When a competent state agency issues a decision on land allocation or land lease, the value of the paid land fund shall be determined in accordance with Article 6 of this Decree.
In summary, the issuance of Decree 69/2019 / ND-CP has created an important legal basis for the implementation of Build – Transfer Contracts, which is a premise to encourage the Investing in the nation’s infrastructure construction activities as well as promoting the development of the economy.
