On June 5, 2019, the Government issued Decree 48/2019 / ND-CP to manage activities of recreational and recreational facilities under water. The Decree takes effect from August 15, 2019.
Some notable contents in the decree:
Definition of facilities for fun and entertainment under water. Accordingly, amusement and recreational facilities under the water are understood to be ships, boats or other floating structures used for recreational and recreational purposes under water with a capacity of no more than 5 people and operating in the active areas. be accepted or announced by a competent state agency (Clause 1, Article 3);
Division of entertainment and entertainment activities into 02 areas, including:
Zone 1: is the water area on inland waterway, seaport waters or maritime area;
Zone 2: Is another water area not belonging to zone 1, marked, locate by float or pennant with easy-to-observe colors (Article 5).
Providing conditions for vehicles and drivers when participating in recreational activities and entertainment in the water. In particular, means must carry out registration according to national technical regulations and register with competent state agencies. Drivers of water recreation and entertainment means must be at least 15 years old and wear life jackets during the process of control. In some cases, means drivers must have means of driving certificates or be instructed about Safety skills before driving vehicles (Article 6).
Clearly state responsibilities of organizations and individuals to exploit operating areas and provide recreational and recreational services under water. It is noteworthy that these organizations and individuals are required to organize fun and entertainment activities under the water within the prescribed time and must have a plan to ensure security, safety, rescue and rescue. and preventing environmental pollution (Article 7).
Promulgating approval procedures, allowing the operation of water recreation areas and procedures for registering recreational and recreational water facilities (Chapter III and Chapter IV).
The promulgation of Decree 48/2019/ND-CP concretized the regulations on ensuring safety for water tourism and entertainment activities. As a premise of state management activities, contributing to ensuring safety for tourists as well as creating a fair playing field for businesses operating in entertainment services under water.
On August 22, 2019, the Prime Minister issued Decision No. 1068 / QD-TTg approving the Intellectual Property Strategy until 2030. This Decision takes effect from the date of signing.
Directive viewpoint of the Prime Minister The Intellectual Property Strategy to 2030 has the following key contents:
– Developing a comprehensive and effective intellectual property system at all stages of creation, establishment, exploitation and protection, enforcement of intellectual property rights, creating an environment to encourage innovation and response. meet international integration requirements, turn intellectual property into an important tool to enhance national competitiveness and promote socio-economic development;
– Intellectual property policies for copyright, related rights, industrial property rights and rights to plant varieties constitute an integral part of economic and cultural development strategies and policies. national society and sectors;
– Intellectual property activities with the active participation of entities in the society, including research institutes, universities and creative individuals, especially enterprises playing a leading role in creating and exploiting intellectual property.
On the basis of the above-mentioned orientation and direction, the Prime Minister has set intellectual property goals by 2030, including:
1. Vietnam belongs to the group of ASEAN leading countries in terms of creativity, protection and exploitation of intellectual property rights.
2. The establishment of industrial property rights and rights to plant varieties ensures fast, transparent, fair and timely response to the requirements of enterprises and society. The enforcement of intellectual property law has been significantly improved, the infringement of intellectual property rights significantly reduced.
3. New intellectual property of Vietnamese individuals and organizations increases both in quantity and quality, dramatically improving Vietnam’s intellectual property indicators in the global innovation index ( GII):
– The number of applications for invention and patent protection increases an average of 16-18% / year;
– The number of applications for registration of industrial designs increases by an average of 6 – 8% / year;
– The number of trademark applications increases by 8-10% / year on average;
– The number of applications for protection of plant varieties increases an average of 12-14% / year, 10 – 12% of which are registered for protection abroad; making Vietnam a center for plant variety protection with the establishment of an ASEAN + regional plant variety protection agency.
5. The effectiveness of intellectual property rights is improved and significantly increases the number of products with high intellectual property content.
In order to realize these goals, the Prime Minister also identified the tasks and solutions that must focus on improving policies, improving capacity, efficiency of state management and promoting creative activities, exploit and enforce intellectual property rights and assistance. The Ministry of Science and Technology will be the focal point to summarize the implementation of the strategy and annual reports to the Government.
On August 23, 2019, the Ministry of Finance issued Circular 56/2019 / TT-BTC amending and supplementing a number of articles of Circular 49/2015 / TT-BTC regulating customs procedures for letters, packages and packages of export and import goods sent by designated postal services of enterprises and Circular 191/2015 / TT-BTC stipulating customs procedures for exported, imported and transited goods sent via International courier service. This Circular takes effect from October 15, 2019.
Accordingly, Circular 56/2019 / TT-BTC has the following new points:
Regarding customs declaration, the declarant shall declare electronically. In the case specified in Clause 12, Article 1 of Decree 59/2018 / ND-CP amending and supplementing Decree No. 08/2015 / ND-CP, customs declarants may choose to declare electronically or on sheet. paper customs declaration.
Based on the shipper’s shipping information on the CN22, CN23 declaration, E1QT postal number, records, documents of the Export and Import package, parcels, information provided by the goods owner to the Enterprise and the enterprise’s internal warning information about the discrepancy between the sender’s declaration of goods, the value of the goods and the actual goods and relevant documents (if any) to carry out grouping. goods.
For exported packages and packages, it is divided into two groups:
Group 1: package of exported goods and goods meeting conditions of customs value of under VND 5 million; be exempt from Export tax or subject to Export tax with a tax rate of 0%; Not on the list of items that require export license or specialized inspection.
Group 2: Packages and packages of exported goods not in group 1; packages of exported goods belong to group 1 but the goods owners or their owners request them to carry out customs procedures themselves; packages, packages of goods with internal warning information of the Enterprise; packages and packages of goods suspected of customs value.
For packages, the package of Imported goods is also divided into two groups.
Group 1: Packages and packages of Imported goods with customs value in the import duty-free norm and not belonging to the category of goods subject to Import license, specialized inspection.
Group 2: Packages and packages of Imported goods are not in group 1; packages of imported goods belong to group 1 but the goods owner or his / her authorized person requests the customs procedures by themselves; packages and packages of goods with internal warnings of enterprises; packages and packages of goods suspected of customs value.
In case of lack of information on the declaration CN22, CN23, the number of the E1QT mailing paper or electronic version to divide the group of goods and customs declaration, the enterprise will preview the package, package of goods in the area have surveillance cameras, under the supervision of customs officers. Enterprises shall divide groups and declare customs strictly according to the actual conditions of packages and packages of goods or customs offices shall handle violations in cases where packages or packages of goods are not allowed to be imported in accordance with law.
In case customs authorities detect customs declarations are declared in groups of packages and packages of goods in contravention of regulations, they shall be handled according to the provisions of law. The enterprise stores packages and parcels that are not divided into groups in accordance with regulations in separate areas and continues to carry out customs procedures for packages and parcels of goods in correctly divided groups. Customs offices shall carry out physical inspection of packages and parcels of goods in groups in contravention of regulations when carrying out procedures according to new customs declarations.
Therefore, Circular 56/2019 / TT-BTC guides in detail and amends and supplements a number of articles of Circular 49/2015 / TT-BTC and Circular 191/2015 / TT-BTC and classifies each commodity group. Export and import goods by express mail to create favorable conditions for enterprises to avoid difficulties and difficulties in the process of customs declaration.
On August 21, 2019, the Ministry of Health issued Circular 21/2019/TT-BYT guiding piloting family medicine activities. This Circular takes effect form October, 15, 2019.
Accordingly, the family doctor practitioner must meet the following conditions:
• For general practitioners, specialists in clinical systems
– Having been granted a medical examination and treatment practice certificate;
– Meet one of the following cases:
+ Having one of the degrees of resident doctor, specialist I, specialist II, master and doctorate in family medicine major;
+ Having a certificate of training and retraining in family medicine for at least 3 months;
+ Having a certificate of attendance at each batch of study, with the content stated in the certificate or credit or training program on family medicine with a total duration of at least 3 months.
• For preventive medicine doctors:
– Having been granted a medical examination and treatment practice certificate;
– Having a certificate of training and retraining in family medicine for at least 3 months.
When fully satisfying the above conditions, the general practitioner and the clinical specialist shall be entitled to medical examination and treatment for family medicine; Preventive medicine doctors are allowed to participate in medical examination and treatment of family medicine at commune, ward and township health stations (line 4).
• For those who have been granted medical examination and treatment practice certificates and have conducted family medicine examination and treatment activities before October 15, 2019 (the effective date of this Circular), they may continue to operate. and be responsible for re-training and continuing training to update family medicine knowledge for at least 03 months.
In summary, the specific and strict regulation of professional qualifications, family medicine training certificates for people performing family medicine examination and treatment activities contributes to improving the quality, effectiveness of care, examination and treatment.
On August 20, 2019, the Politburo issued Resolution 50-NQ / TW on the orientation to complete institutions, policies, improve the quality and effectiveness of foreign investment cooperation by 2030. This Resolution takes effect on 8/20/2019.
Accordingly, Resolution 50-NQ / TW has the following outstanding contents:
– Completing general institutions and policies on foreign investment;
– Completing institutions and policies to attract investment;
– Completing institutions and policies to protect and promote investors’ responsibilities;
– Completing institutions of policies on investment management and supervision;
– Innovating and improving the effectiveness of investment promotion;
– Improve the effectiveness and efficiency of state management of foreign investment.
Thus, Resolution 50-NQ/TW has set out the main tasks and solutions that state management agencies need to perform to create an environment to attract foreign investors to invest in Vietnam.
On August 15, 2019, the Government has issued Decree 69/2019 / ND-CP on the use of public assets to pay investors when implementing work construction investment projects in the form of a Build – Transfer contract (BT Project). This Decree takes effect from October 1, 2019.
Accordingly, the use of public assets to pay for investors implementing BT Projects must comply with the following principles:
The use of public assets to pay to investors implementing BT Projects must ensure:
a) Comply with regulations of law on management and use of public properties, land, state budget, investment and construction.
b) The selection of investor implementing BT project in the form of open bidding according to the law on bidding.
c) Only be implemented after the competent state authority permits it as prescribed by law.
The use of public assets to pay for Investors implementing BT Projects is implemented on the principle of parity, the value of BT Projects is equivalent to the value of public assets paid; is determined as follows:
a) The value of public property is determined according to the market price in accordance with law at the time of payment as prescribed in Clause 4 of this Article.
b) The BT Project value is determined according to the bidding results.
The use of public assets to pay for investors implementing BT projects must be summarized and reflected into the state budget according to the provisions of the law on the state budget; Specifically:
a) The central properties under central management are aggregated and reflected in the central budget.
b) For locally managed public properties, it is aggregated and reflected in the local budget.
The time for payment of BT Project in case of payment by land fund or working office is the time when the People’s Committee of the province or city directly under the Central Government (hereinafter referred to as the provincial People’s Committee) ) Issuing decisions on land allocation and land lease to investors. Time of payment of BT Project in case of payment with infrastructure assets and other types of public property is the time when the competent state agency issues a decision to hand over the property to the investor.
The loan interest in the financial plan of the BT contract for the value of the BT project work is completed on schedule and terminated from the time the competent state agency issues a decision on land allocation. , leasing land, delivering assets to Investors.
The delivery of public assets for payment to Investors implementing BT Projects is done after the BT Project is completed or implemented concurrently with the volume of BT Project construction completed according to The schedule is determined by a competent state agency according to the provisions of law on investment and construction.
The promulgation of Decree 69/2019 / ND-CP, which prescribes the principles of payment of BT projects by public assets, aims to provide a way and basis for the concretization and application of laws in the use of state assets. Then, strengthening transparency in state management of public assets and strengthening trust among the people.
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.
