On 15/08/2019, Council of Justices of Supreme Court issued Resolution No. 05/2019/NQ-HĐTP coming into effect from 01/09/2019.
According to the Resolution, social insurance evasion committed before 01 January, 2018 shall not be prosecuted. The evasion, indeed, shall be dealt with as follows:
If the evasion is not sanctioned administratively and time limit for this administrative sanction does not pass, the evasion shall be administratively sanctionted.
If the evasion was sanctionted administratively, authorities shall force the violator to enforce the sanction.
If the violator cause damage to its labour, labour agency or other entity (“the victim”), the victim may claim for non-contractual liability.
According to Article 216 of Criminal Code, monetary penalty for social insurance evasion crime of enterprises ranges from VND 200,000,000 to VND 3,000,000,000.
The Resolution contributes to anticipation of enterprises in commercial and penal risks in relation to social insurance evasion.
On 26/06/2019, the Governor of the SBV issued of Circular No. 06/2019/TT-NHNN guiding the management of foreign exchange for foreign direct investment activities in Vietnam, replacing the Circular No. 19/2014/TT-NHNN dated 11/08/2014 of Governor of the SBV.
About the Circular No. 06/2019/TT-NHNN:
Circular 06/2019/TT-NHNN is issued to guide the contents related to foreign exchange management for foreign direct investment activities in Vietnam in accordance with the law on foreign management. Exchange at the Foreign Exchange Ordinance (amended and supplemented), Decree 70/2014 / ND-CP dated July 17, 2014 of the Government detailing the implementation of a number of articles of the Ordinance on Foreign Exchange (amended , amendments and supplements) and the law on investment in the 2014 Investment Law, specifically as follows:
The Circular specifies the concept of enterprises with foreign direct investment capital, serving as a basis for determining subjects to open direct investment capital accounts.
The Circular specifies the contents of revenue and expenditure on direct investment capital accounts in foreign currencies and direct investment capital accounts in Vietnam dong.
The Circular regulates the contents related to the payment of the value of investment capital transfer, investment projects including user accounts, valuation currencies, and payment transactions in transfer transactions.
In addition to the above contents, the Circular also specifies the responsibilities of authorized credit institutions, foreign direct investment enterprises and foreign investors in order to create a legal and advanced basis. responsibilities of concerned organizations and individuals in complying with regulations on foreign exchange management for foreign direct investment activities in Vietnam.
The values of Circular No. 06/2019 / TT-NHNN provide:
Strengthen foreign exchange management to ensure market stability, increase foreign exchange reserves, attract foreign currency from FDI.
Perfecting the legal framework for foreign exchange management, creating favorable conditions and ensuring legitimate interests for organizations and individuals engaged in foreign exchange activities, in line with practical requirements, contributing to promoting economic development.
Create a clear legal corridor in managing direct investment flows into and out of Vietnamese territory.
Encouraging remittances, attracting foreign currency into the banking system, limiting domestic foreign exchange use, contributing to stabilizing the foreign currency market.
On 15/08/2019, the Government issued Decree 69/2019/ND-CP regulating the use of public assets to pay investors when implementing construction investment projects in the form of build – transfer contract (BT contract). The Decree takes effect from October 1, 2019.
Some notable contents in the decree:
Types of public assets allowed to be used to pay Investors include (Clause 2 Article 1):
Land fund;
Land, houses and other assets associated with land of state agencies, public non-business units, units of the people’s armed forces, the Communist Party of Vietnam, political and social organizations, socio-political-professional organizations, social organizations, socio-professional organizations and other organizations established under the law on associations (agencies, organizations and units);
Infrastructure assets in service of national interests and public public interests;
Other types of public assets according to the Law on Management and Use of Public Assets.
The valuation of each type of public asset
Land fund: The value of the paid land fund is the land use levy or land rent paid in lump sum for the whole lease term (Clause 1, Article 6);
Land, houses and other assets attached to land of agencies, organizations and units: Value of land use rights and property values on land (Clause 1, Article 9);
Infrastructure assets: Value of exploitation rights of infrastructure assets (Clause 1 Article 11);
Other types of public assets: comply with regulations on management and use of public assets and other relevant regulations (Article 13).
For BT contracts signed before the effective date of this Decree, payment to investors shall continue to be performed according to the contents of the BT Contract signed or applied by law. related to implementation (Article 17).
The promulgation of Decree 69/2019 / ND-CP has created an important legal basis for the implementation of Build – Transfer contracts, which is a premise for foreign investors to participate in national construction investment activities as well as promoting the development of the economy.
On 16/08/2019, the Ministry of Construction issued Circular No. 04/2019/TT-BXD amending and supplementing a number of contents of Circular No. 26/2016/TT-BXD of 26/10/2016 of The Minister of Construction shall detail a number of contents on quality management and construction maintenance. Circular 04/2019 / TT-BXD takes effect from 01/10/2019.
Accordingly, in Clause 5, Article 1 of Circular 04/2019 / TT-BXD, supplementing Article 15a, Article 15b after Article 15 of Circular No. 26/2016 / TT-BXD, regarding the construction supervision in the past Construction process is carried out in the following cases:
Follow regulations of approved construction design, technical instructions, construction measures;
When the project has abnormal expression, it needs to be monitored for the assessment, determine the cause to take measures to handle and prevent construction incidents during construction.
Construction contractors are responsible for implementing monitoring in the above cases and in accordance with construction contracts with the following responsibilities:
Prepare a monitoring proposal for investors to accept;
Organization to conduct monitoring according to the approved outline; making reports and evaluating monitoring results.
In addition, investors can choose contractors independent from construction contractors to perform some monitoring during the construction process.
The promulgation of Circular 04/2019/TT-BXD is to supplement regulations related to quality management and maintenance of construction works, creating strict management of state agencies in monitoring quality construction, while enhancing the responsibility of contractors as well as investors.
On 14/08/2019, the Government issued Decree 68/2019/ND-CP on management of construction investment costs. This Decree takes effect from October 1, 2019.
Accordingly, in Article 3 of Decree 68/2019 / ND-CP, the principle of management of construction investment costs and management responsibilities of investors is recorded as follows:
Management of construction investment costs must ensure the investment objectives, the approved project effectiveness, in accordance with the construction investment order as prescribed in Clause 1, Article 50 of the Construction Law and Capital application and investment form of the project, implementation method of the project. Construction investment costs must be properly and fully calculated for each construction project, project or construction package, suitable to the design requirements, technical instructions, construction conditions and project implementation plans, market price level in the construction area and expected price fluctuations in the construction investment process.
The investor is responsible for managing construction investment costs from the project preparation stage to the end of construction and putting the project’s works into exploitation and use and settlement of construction investment capital within the scope of the approved total investment of the project includes the case where the total investment amount is adjusted according to the provisions of Article 7 of this Decree. Investors may hire organizations and individuals to provide consultancy on expense management to meet the capability conditions prescribed in the Decree on management of construction investment projects for elaboration, verification, control and management of head expenses. construction.
Decree 68/2019/ND-CP applies to agencies, organizations and individuals related to the management of construction investment costs of projects using state budget capital and state capital out of state budget, investment projects in the form of public-private partnerships (PPP).
On 30/07/2019, the Ministry of Construction issued Circular No. 03/2019 / TT-BXD amending and supplementing a number of articles of Circular No. 04/2017/TT-BXD dated 30/03/2017 of The Minister shall formulate regulations on labor safety management in construction of works, the Circular will take effect from 15/09/2019.
Accordingly, Circular 03/2019/TT-BXD on managing information on labor safety technical inspection activities in construction works is as follows:
– Posting information of organizations which are granted certificates of eligibility for labor safety technical inspection on online software to manage labor safety technical inspection activities (hereinafter referred to as part soft) include: name, address, code of the technical safety inspection organization; a list of machines, equipment and supplies already granted in the certificates of eligibility for labor safety technical inspection activities; date of issue and expiry date of certificate of eligibility for technical safety inspection; errors of inspection organizations (if any).
– Posting information of individuals who are granted the Certificate of Auditor on the software, including: full name; auditor’s code; people’s identity card / citizen identification card; list of machines, equipment and supplies eligible for technical safety inspection; date of issue and expiry date of certificate of inspector; violations of inspectors (if any).
– The application of information technology in labor safety technical inspection activities is stipulated as follows:
+ Software access address: http://cucgiamdinh.gov.vn/CSDL-kiem-dinh-duoc-cong-bo.aspx
+ Specialized agencies are responsible for building, posting and updating information of the above organizations and individuals into the software; guide organizations and individuals to conduct technical safety inspection of labor using software;
+ Organizations and individuals conducting technical safety inspection activities are entitled to use software in their activities to manage and deploy technical safety inspection activities for machines and equipment. and materials with strict labor safety requirements for construction.
Thus, Circular No. 03/2019/TT-BXD has amended and supplemented the provisions in Article 16 of Circular 04/2017/TT-BXD in more detail and concretization for information posting on the Ministry of Construction’s website to increase transparency as well as facilitate checking and review reports of state agencies as well as organizations and individuals operating in the field of technical inspection labor safety.
On 31/07/2019, the Ministry of Industry and Trade has just officially issued Circular No. 13/2019 / TT-BCT to replace Circular 04/2015/TT-BCT and amend some articles of the Circular 20/2014/TT-BCT regulating the implementation of Rules of Origin in the ASEAN Free Trade Area Agreement – Korea.
Accordingly, from September 13, 2019, the time of Circular 13/2019/TT-BCT officially takes effect, Procedures for granting and checking C/O – certificate of origin according to Vietnamese A/K form Men will be implemented in accordance with Decree No. 31/2018/ND-CP dated March 8, 2018. At the same time, Appendix II on the specific rules of goods is also adjusted to conform with the Decision through the list of goods conversion for specific rules of goods in Appendix 2 of Annex 3 of the Rule origin of the Trade in Goods Agreement under the Government Agreement on Comprehensive Economic Cooperation between Member States of the Association of Southeast Asian Nations and the Government of the Republic of Korea implemented by the Commission The 17th ASEAN-Korea Free Trade Agreement (AKFTA-IC) was issued in February 2019 in Seoul, South Korea. From September 1, 2019 to the end of December 31, 2019, the HS code shown on C/O will follow the 2017 HS version and show the corresponding 2012 HS code in brackets.
Thus, with the issuance of the Circular No. 13/2019/TT-BCT recently, the Government of Vietnam has taken another step in implementing commitments in the Agreement on Trade in Goods between ASEAN member countries and Korea and contribute to trade in goods within ASEAN as well as between Vietnam and Korea.
On 08/08/2019, the Government issued Circular No. 49/2019 / TT-BTC guiding the management and use of State budget funding to support the development of human resources for small and medium enterprises. The Circular takes effect from 23/09/2019.
Accordingly, the State budget supports the total cost of organizing a training course to start a business, business administration in small and medium enterprises operating in the field of production and processing for the expenses of recruiting; expenses for lecturers and reporters; expenses for printing, photo, buying learning materials according to the content of the training program for students (not including references) …
Specifically, the level of support from the State budget stipulated in Point a, Clause 1, Article 14 of Decree No. 39/2018/ND-CP in the total cost of organizing a training course to start a business is 100% at most, maximum corporate governance is 70% and intensive corporate governance is 50%.
For spending contents, there are specific regulations on standards and norms, such as rewarding students; spending on exam questions, examination and examination; working expenses; … must comply with the prescribed regime. Particularly for foreign lecturers and reporters, the determination of the amount of State budget to support teaching remuneration, travel, accommodation and accommodation expenses applies to domestic lecturers and reporters.
The new regulations of the Ministry of Finance are a source of motivation and encouragement for the development of small and medium-sized enterprises, contributing to Vietnam’s businesses to develop stably and grow stronger in the process of international economic integration.
On 13/08/2019, the Prime Minister issued Decision 25/2019/QD-TTg amending the Decision No. 35/2015/QD-TTg dated 20/08/2015 on the promulgation of the list of essential goods and services, which must be registered according to model contracts and general transaction conditions.
According to Decision 25/2019/QD-TTg, the service of “Life insurance” will be removed from the list of essential goods and services that must be registered in form of contracts and general trading conditions. Thus, from 10/01/2019, this list only has 09 types of goods and services. As follows:
– Electricity supply for daily life;
– Supplying domestic water;
– Pay TV;
– Land fixed telephone service;
– Ground mobile communication service (payment method: postpaid);
– Internet access service;
– Air passenger transportation;
– Transporting railway passengers;
– Buying and selling apartments, living services provided by the apartment management unit.
Decision 25/2019/QD-TTg will take effect from 01/10/2019. Accordingly, the removal of the “Life Insurance” service from the list of essential goods and services must register a model contract, a general transaction condition that is consistent with consumer protection in the present. Therefore, when the Decision takes effect, consumer rights are still guaranteed.
