Accordingly, Resolution No. 04/2019 / NQ-HDTP has replaced and supplemented some more detailed regulations than Resolution No. 03/2015 / NQ-HDTP. As follows:
Firstly, the time limit for legal proceedings is studied and applied. In Clause 1, Article 8 of Resolution No. 04/2019 / NQ-HDTP, the case law is studied and applied in trial after 30 days from the date of publication instead of 45 days as stipulated in Resolution No. 03/2015 / NQ-HDTP.
Second, more detailed and clear instructions on how the Court applies a case law to resolve the case.
– The number, name of the legal case, legal situation, legal solution in the case and the legal situation of the case being resolved must be cited and analyzed in the “Judgment of the Court. Meanwhile, Resolution No. 03/2015 / NQ-HDTP only stipulates that it must be invoked, analyzed and clarified in court judgments and decisions without specifying where to set.
– Depending on each specific case, it is possible to quote the whole or part of the contents of the case law to clarify the point of view of the Court in the trial and solve the same case. Meanwhile, Resolution No. 03/2015 / NQ-HDTP does not regulate this issue.
Through the newly analyzed content mentioned above, Resolution No. 04/2019 / NQ-HDTP was born to help law cases quickly go into practical application in order to meet urgent and increasing demands in the tournament. deciding the case of the judicial system. In addition, the more detailed and specific provisions of Resolution No. 04/2019 / NQ-HDTP also help agencies conducting legal proceedings in particular and entities involved in the process of resolving cases in general, creating more favorable conditions for the settlement of cases. At the same time, building a specific and clear legal framework helps to improve and improve efficiency and professionalism in the field of Vietnamese proceedings today.
On 12/6/2019, the Ministry of Transport issued Circular No. 22/2019 / TT-BGTVT on regulations on registration of special-use motorcycles.
Special-use vehicles include construction vehicles, agricultural and forestry motorbikes and other special-use vehicles used for defense and security purposes involving road traffic. Accordingly, for unregistered special-use vehicles, when traveling on roads, they must be temporarily registered and this paper is valid for 20 days from the date of issue.
Procedures for granting temporary registration certificates for special-use motorcycles are prescribed as follows:
– Implementing agency: Department of Transportation where the owner has its head office or permanent registration.
– Registration dossier includes:
+ Declaration for issuance of certificate of temporary registration of special-use motorcycles;
+ Certified copy or copy and presenting the original for comparison of one of the papers identifying the ownership of special-use motorbikes;
+ Authenticated copy or copy and original copy for comparison of one of the papers identifying the origin of special-use motorbikes;
– The order of execution:
+ Step 1: Owners of special-use vehicles prepare 01 (one) set of documents and submit them directly at the Department of Transportation.
+ Step 2: Within a maximum of 1 working day from the date of receiving the dossier, the Department of Transport shall receive and check the contents of the dossier and notify the owner.
In case the registration dossier is incomplete according to regulations, the Transport Department shall guide the owner to supplement and re-complete it;
In case of a full registration dossier, within 03 working days from the date of receipt of a complete and valid dossier, the Department of Transport shall grant a temporary registration certificate and register it in the vehicle registration management book. specialized machines. In case of failure to grant, it must reply in writing and state the reason.
Circular No. 22/2019 / TT-BGTVT takes effect from August 1, 2019. Accordingly, regulations on moving on unregistered roads and special-use motorbikes must be temporarily registered to facilitate the competent agencies in managing special-use motorbikes.
On May 21, 2019, the Government issued Decree No. 45/2019 / ND-CP stipulating penalties for administrative violations in the field of tourism. The Decree takes effect from August 1, 2019.
Accordingly, Vietnamese organizations and individuals operating in the territory of Vietnam and abroad; Foreign organizations and individuals engaged in tourist activities in the Vietnamese territory violating the regulations on tourism and travel business activities shall be administratively sanctioned according to the provisions of Chapter II of this Decree.
In particular, the case of organizations and individuals engaged in tourism and travel business will be subject to a fine of between VND 5,000,000 and VND 10,000,000 for acts of selling goods and services at prices not in the establishments. tourist accommodation.
In addition, for acts of non-civilized behavior, not respecting customs, practices and cultural identities of localities where tourists will travel, they will be fined up to VND 3,000,000; acts that are detrimental to Vietnam’s national cultural tradition may be fined up to VND 5,000,000.
New regulations of the Government on tourism service business have contributed to popularizing the spirit of protecting Vietnamese culture, images and identity, attracting and increasing domestic and foreign tourists.
On June 27, 2019, the Prime Minister Nguyen Xuan Phuc has just signed Decision No. 23/2019 / QD-TTg promulgating the List of imported goods which must go through customs procedures at the import border gate. This decision takes effect from September 1, 2019 and replaces the Prime Minister’s Decision No. 15/2017 / QD-TTg of May 12, 2017.
Decision No. 23/2019 / QD-TTg with main contents related to the amendment and supplementation of the list of imported goods subject to customs procedures at import border gates
Basically, the list of imported goods still retains some items such as Decision No. 15/2017 / QD-TTg. However, some items have been modified accordingly, namely: malt-made beer, two-wheel motorbikes, complete three-wheeled motorbikes with cylinder-type internal combustion engines over 125cc; aircraft, yachts; air conditioning with a capacity of 90,000 BTU or less; votive paper …
In addition, Decision No. 23/2019 / QD-TTg has cut some items in the List of imported goods to be cleared at import border gates such as gold leaf; goods subject to animal quarantine, aquatic quarantine and plant quarantine according to the List prescribed by the Ministry of Agriculture and Rural Development; Scraps according to the list prescribed by the Prime Minister.
Decision No. 23/2019 / QD-TTg has amended and supplemented the list of items including: Imported goods from countries and territories that have warnings about the risk of disease as notified by the Ministry of Agriculture and Development Rural development; Goods in cases of application of trade defense measures and measures to prevent and avoid trade defense measures under decisions issued by the Minister of Industry and Trade.
In addition to the above contents, Decision No. 23/2019 / QD-TTg also amended and supplemented some contents about customs clearance locations and import border gates to carry out customs procedures.
Decision No. 23/2019 / QD-TTg was issued to ensure the consistency of regulations on entry border gates and the locations of customs procedures between legal documents. The adjustment of the list of goods accordingly, facilitating the business and production activities of the enterprise, and at the same time ensuring fairness among the types of businesses (domestic enterprises and enterprises) foreign invested capital) when carrying out customs procedures for the same type and category of goods. In addition, the adjustment of the list is also aimed at strengthening the management and control of imports of goods that are not encouraged to import, high-risk items, potentially vulnerable to fraud. trade, tax evasion or environmental impact.
On July 3, 2019, the State Bank issued Circular No. 07/2019 / TT-NHNN regulating safety limits and ratios in the operation of Vietnam Development Bank effective on 01 January, 2020.
Accordingly, Circular No. 07/2019 / TT-NHNN has the following outstanding contents:
– The total credit balance of Vietnam Development Bank (including State investment credit) calculated on the equity of Vietnam Development Bank must not exceed 15% for a customer , must not exceed 25% for a customer and related person, except for special projects decided by the Prime Minister.
– The total outstanding credit balance mentioned above includes the total loan balance of investment credit, export credit; outstanding loans for ODA loans; outstanding loans of other credit-granting operations of Vietnam Development Bank; guarantee balance and balance of entrusted loans for credit institutions, other foreign bank branches (including outstanding loans transferred to off-balance sheet accounting).
Thus, Circular No. 07/2019 / TT-NHNN stipulates limited details to ensure that enterprises, financially autonomous non-business units and other economic organizations use a sum of money or commit to the use of a sum of money on the principle of repayment by lending, guarantee and other credit operations according to the provisions of law.
Competition Law No. 23/2018 / QH14 adopted by the XIV National Assembly of the Socialist Republic of Vietnam, the 5th session on June 12, 2018, takes effect from July 1, 2019. The Law consists of 10 chapters, 118 Articles.
This Law provides for acts of restraint of competition, economic concentration affecting or potentially limiting competition to the Vietnamese market; unfair competition acts; competition proceedings; handling violations of competition law; State management on competition.
One of the highlights of the Competition Act 2018 is the provision of a leniency policy. Accordingly, this is a completely new content recorded in the Law, it is seen as an effective legal tool to circumvent prohibited market restriction agreements.
Leniency is the granting of a waiver or reduction of penalties for businesses that violate competition laws but then cooperate with competition law enforcement agencies. Accordingly, the core content of this policy is to exempt or significantly reduce organizations and individuals participating in the leniency program from the risk of administrative sanctions or subject to severe penalties. but they should have suffered due to a violation of competition law.
Enterprises that voluntarily declare to help the National Competition Committee detect, investigate and deal with prohibited acts of restraint of competition stipulated in Article 12 of this Law are exempted or reduced according to the drilling policy. pink
The leniency policy applies to no more than three first enterprises applying for leniency to the National Competition Committee to meet the conditions specified in Clause 3 of this Article.
The exemption and reduction of fine levels shall be as follows:
a) The first enterprise having an application for leniency and meeting the conditions specified in Clause 3 of this Article shall be exempt from 100% of the fine level;
b) Second and third enterprises having applications for leniency and meeting the conditions specified in Clause 3 of this Article shall be reduced by 60% and 40%, respectively.
The value of the leniency policy allows competition authorities to access confidential evidence and information regarding illegal competition agreements, which in fact do not have this policy. It will be extremely difficult and time consuming to collect them in the early stages of the investigation. Therefore, leniency can be used as an additional method in collecting evidence, greatly reducing investigation costs as well as trial costs for both competition authorities and courts.
On May 24, 2019, the Government issued Decree No. 40/2019 / ND-CP amending and supplementing a number of articles of decrees detailing and guiding the implementation of environmental protection laws. The Circular takes effect from July 1, 2019.
Accordingly, only organizations and individuals with production facilities using scrap are allowed to import scrap as raw materials for production and must meet the following requirements:
– Meet the requirements and responsibilities for environmental protection;
– There are environmental impact assessment reports approved by the Ministry of Natural Resources and Environment, including the contents of using imported scrap as production materials;
– Being granted a certificate of completion of environmental protection works or hazardous waste treatment permits;
– Having a certificate of eligibility for environmental protection in importing scrap.
Besides, the Decree stipulates that imported scrap is only allowed to be unloaded to the port when:
– In case of receiving goods on the manifest of goods, there is a certificate of satisfaction of environmental conditions in the import of invalid scraps and a volume of imported scrap;
– In case of receiving goods on E-Manifest, there is a document confirming the deposit to ensure import scrap
At the same time, the Decree supplemented the list of industrial production models that are at risk of causing environmental pollution, providing additional and replacement contents of the list of projects that must be prepared for environmental impact assessment reports. or must register an environmental protection plan; make an appeal, paying more attention to environmental protection activities in all economic activities of the country.
On July 5, 2019, the Ministry of Transport issued Circular 25/2019 / TT-BGTVT regulating the quality of technical safety and environmental protection in automobile assembly and production. The Circular takes effect from August 25, 2019.
Some notable contents in the circular:
– The Circular stipulating production and assembly cars must have a design dossier and be appraised by the Vietnam Register of Quality (QC). Models will be tested typical models. Next, the enterprise must have a dossier of registration of quality of technical safety and environmental protection of products and at the same time ensure product quality in production and assembly.
– The Circular also stipulates the order for granting technical safety and environmental protection certificates; Regulating requirements for enterprises in mass production and assembly process; Reissue Certificate of product type; Suspension of ex-works of product type and revocation of Certificate for product type; Regulations on recalling defective products …
– For regulations on quality assurance of manufactured and assembled products, the Circular stipulates that the quality control agency will perform the assessment of product quality assurance (assessing COP) according to the following methods:
+ For home-made products, the initial evaluation is carried out when issuing the Certificate of technical safety and environmental protection of product types according to the criteria stated in IATF 16949 standard. Quality management system for organizations that produce and service related automotive components.
+ Assessments in subsequent periods are conducted to assess the implementation and maintenance of quality assurance of production facilities. At this assessment, QCA will take a random sample to assess the storage of records, documents related to the product and the suitability of ex-factory products compared to the application file for registration of type-quality certificates. . The time of the next evaluation period for component manufacturing establishments is 36 months. For automobile manufacturing and assembling establishments, the subsequent evaluation period is from 12 to 36 months depending on the group of enterprises classified, determined on the basis of applying risk management in product quality management. manufactured and assembled products.
+ For components imported from a country that has a mutual recognition agreement in the field of motor vehicle quality certification, the mutual recognition agreement is followed.
In addition, Circular 25 also stipulates the regulations for domestic assembling manufacturing enterprises in the process of mass assembly, product recall, …
Circular 25 clearly stipulates the automotive quality inspection process, which is the basis for enterprises to implement, contributing to ensuring the quality of automobiles in the country as well as the environment.
