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法律解答
Conditions for buying shares of state-owned enterprises according to the book-making method
回答

On 11/04/2019, the Ministry of Finance issued Circular No. 21/2019/TT-BTC guiding the sale of initial shares and state capital transfers according to the method of book making (book building). This Circular takes effect from 03/06/ 2019.
Investors who buy shares sold for the first time by State-owned enterprises by the method of book construction must make deposits as follows:
– Public investors must pay a deposit equal to 10% of the value of shares registered to buy at the opening price.
– Strategic investors must pay deposits and deposits equal to 20% of the value of shares registered to buy, calculated at the reserve price in the approved equitization plan.
The deposit will be deducted from the total amount to be paid to buy shares. If the deposit is larger than the amount to be paid, the difference will be returned to the investor within 03 days after the end of the payment term.
The time limit for payment of the number of shares registered to buy is 10 days from the date of publication of the book-making result. If the investor fails to pay the full amount to buy the stock on time, the investor will not be returned the deposit.
Thus, Circular No. 21/2019/TT-BTC has contributed to building a specific and clear legal framework for conditions to deposit when buying shares of state-owned enterprises of investors.

Regarding the handling of converted business registration dossiers from business households received from the national information system
回答

On 12/03/2019, the General Department of Taxation issued Official Letter No.786/TCT-KK stipulating guidelines on transferring households to enterprises in accordance with Decree No. 108/2018/ND-CP.
Accordingly, Official Letter No. 786 / TCT-KK has specified the handling of converted business registration dossiers from business households received from the national information system, specifically as follows:
Firstly, when receiving the business registration transaction (transaction 01) of the National Information System on business registration (business registration system), there is information of a household business transformed into an enterprise: Information system tax to check the registration information of the enterprise, at the same time, to compare the information of the certificate of business registration before transforming it into an enterprise, comparing the information of the certification of the individual business households (people’s identity cards, citizenship or passport) transmitted by the business registration system with tax registration information of business households.
Secondly, after checking, the tax information system returns results for the system of business registration as follows:
– In case the business registration information changes from full business to proper: tax information system pays information about the enterprise code and the tax office directly managing the enterprise for the enterprise registration system.
– In case of incomplete business registration information converted from business households, it is not correct: tax information system returns results without issuing enterprise code and informs the registration system for error to the registration agency Business notices to complete businesses according to regulations.
From here, it can be seen that, from March 12, 2019, the General Department of Taxation has issued guidelines for Tax Departments of provinces and cities under central authority to implement the Law to support small and medium enterprises in the establishment of small and medium enterprises on the basis of conversion from business households.
This regulation has contributed to Minimize administrative procedures in the establishment of small and medium enterprises on the basis of conversion from business households, implementation of public and transparent guidelines of the State in enterprise management, especially small and medium enterprises.

The enterprise has deposited 2 billion VND to perform labor sublease
回答

On 20/032019, the Government issued Decree No. 29/2019/ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease activities, the signing of Funds and job portfolios are performed for labor sublease. The Decree takes effect from 05/05/2019.

In particular, the Decree specifies the deposit of labor sublease enterprises. Accordingly, the deposit is used to pay salaries, allowances, social insurance, health insurance, unemployment insurance, labor accident insurance, occupational diseases or compensation for workers. sub-lease in case the leasing enterprise breaches the labor contract with the sublease employee or causes damage to the laborers due to the insecurity of the laborers’ legitimate rights and interests.

At the same time, the decree has specified two conditions for granting labor sublease licenses including:

For the legal representative of an enterprise, it is necessary to ensure that the enterprise manager does not have criminal records and has worked in the field of labor sublease or labor supply for at least 03 years. within 5 consecutive years before applying for a license;

  • The enterprise has made VND 2 billion deposit in commercial banks or foreign bank branches established and operating legally in Vietnam.
  • A dossier of application for a permit must contain all kinds of documents, including: An enterprise’s written request for a permit; Copy of Business Registration Certificate; The autobiographical resume of the legal representative of the enterprise according to the form; Judicial record card No. 1 in accordance with legal regulations on judicial records of the legal representative of the enterprise.

The sublease of labor temporarily meets the sudden increase in labor demand in a certain period of time; replacing workers during maternity leave, labor accident, occupational disease or having to fulfill civic obligations. In addition, the sublease of labor is also to meet the demand for high-skilled workers.

Assigning tasks, ordering or bidding to supply public products and services using the state budget from regular expenditure sources
回答

On 10/04/2019, the Government issued Decree No. 32/2019/ND-CP stipulating the assignment, ordering or bidding to supply public products and services using the state budget from the source. regular expenditure

Accordingly, from the time of 01/06/2019, when the Decree takes effect: the Ministries; ministerial-level agencies; government agencies; competent units will perform the task of ordering and bidding to provide public products and services under the conditions specified in the Decree No. 32/2019 above.

The decree specifies funding sources for the supply of public products and services, including: state budget funding; the fee is left for service provision; sources of public non-business services and other sources of revenue, if any.

The Decree also stipulates public non-business services using state budget funds to implement the following methods: assigning tasks, placing orders or bidding. Also, public products and services are implemented in the following ways: Ordering or bidding (or assigning tasks in the case of specialized laws).

In addition, the Decree also specifies the conditions, competence, methods and contents of the task of assigning, ordering or bidding for the provision of public products and services using the state budget from the source. regular expenditure.

Thus, with the promulgation of Decree No. 32/2019/ND-CP, the Government has continued to show high determination in improving the transparency and efficiency in the use of state budget.

Order and procedures for approving capital contribution, buying shares of credit institutions
回答

On 31/12 2018, the State Bank issued Circular No. 51/2018/TT-NHNN regulating conditions, dossiers, order and procedures for approving the capital contribution and purchase of shares of credit institutions. . This Circular takes effect from 01/03/2019.

Accordingly, Circular No. 51/2018/TT-NHNN stipulates the order and procedures for approving capital contribution, buying shares of credit institutions (Article 6), specifically as follows:

  • Credit institutions shall make 02 sets of dossiers as prescribed in Article 5 of this Circular and send them to the State Bank (via the Banking Inspection and Supervision Agency);
  • Within 07 days from the date of receipt of a complete and valid dossier, the Banking Inspection and Supervision Agency shall send a written document to the public for comments:
  • State Bank branches in provinces, cities where credit institutions are headquartered to meet the conditions prescribed in this Circular;
  • Units of the State Bank on capital contribution, share purchase, debt transfer into contributed capital of credit institutions (if necessary).
  • From the date of receiving the documents, the above agencies have 10 days to review and comment in writing to the Banking Inspection and Supervision Agency.

Within 14 days from the date of receiving comments from relevant agencies, Banking Inspection and Supervision Agency appraises dossiers and submits to the Governor of the State Bank;

  • Within 45 days from the date of receipt of a complete and valid file, the State Bank shall issue a written approval or disapproval of the capital contribution, share purchase, and debt transfer into contributed capital of the credit institution;
  • Within 12 months from the date the State Bank issues a written approval, the credit institution must complete the capital contribution, share purchase, and debt transfer into contributed capital.

In summary, the provisions on the order and procedures for approving the capital contribution, buying shares of credit institutions in Circular 51/2018/TT-NHNN are aimed at strengthening procedural clarity, at the same time, opening providing opportunities for organizations and individuals who are planning to invest in the finance and banking sector.

List of a number of bidding packages and procurement contents in order to maintain regular activities and apply contractor selection in special cases
回答

On April 8th, 2019, the Prime Minister issued Decision No. 17/2019/QD-TTg on a number of bidding packages and procurement contents in order to maintain regular activities of selecting contractors. in special cases as stipulated in Article 26 of the Bidding Law. This decision takes effect from May 22nd, 2019.

Accordingly, Decision No. 17/2019/QD-TTg has specified a number of bidding packages, procurement contents in order to maintain the regular operation of the application of teacher selection in special cases. in which, there are 6 bidding packages, the following contents:

  • Specialized training and professional training packages for civil servants including compilation of textbooks because it is necessary to invite competent agencies or units to have professional functions and tasks. competent agencies assigned;
  • Bidding packages for the supply of Vietnamese human resource training services in foreign countries directly implemented by overseas training institutions with specialized or specialized techniques for cultural and scientific fields. , technical, natural, social;
  • Property valuation package related to criminal cases needs to be done urgently at the request of the investigating agency;
  • Procurement of categories of assets, goods and services only produced by one establishment; have a uniform selling price set by the State (such as electricity, water, petrol, oil, environmental sanitation fees and other similar services), fixed telephone charges, maintenance of fixed telephone switchboard systems;

Select a lawyer to provide legal services to protect the rights and interests of the Government or Vietnamese government agencies at foreign or international judges when Vietnam is a defendant in international lawsuits;

  • Bidding package costing no more than VND 50,000,000.

Thereby, it was found that, 06 packages, outstanding contents List of more than 20 bidding packages, procurement contents in order to maintain the regular activities applied the form of contractor selection in special cases will take effect. from May 22nd, 2019 under Decision No. 17/2019/QD-TTg. This regulation has helped to implement a transparent and transparent school owner in selecting and appointing contractors, as well as developing a specific legal framework to contribute to improving the quality of management of state agencies in Select contractors in special cases.

Adjust the selling price of petroleum products from May 2nd, 2019
回答

On 02/05/2019, the Ministry of Industry and Trade issued Official Letter No.3006/BCT-TTTN on the management of petroleum business. This official letter is effective from 16:00 on 02/05/2019.
Accordingly, Official Letter No. 3006 / BCT-TTTN Adjusting the selling price of petroleum products from 02/05/2019 as follows:

According to the official dispatch, the Minis- Expenses for using petroleum price stabilization fund: E5-RON92: 925 VND / liter; RON95-III: 283 VND/liter.
Therefore, after making use of the price stabilization fund, the selling price of popular petroleum products on the market is not higher than the price:
– E5-RON92 Gas: not higher than VND 20,688 / liter;
– RON95-III Gasoline: not higher than VND 22,191 / liter;
– Diesel 0.05S: not higher than VND 17,695 / liter;
– Petroleum: not higher than VND 16,625 / liter;
– Mazut 180CST 3.5S: no higher than VND 16,002 / kg.
Appropriation and use of petroleum price stabilization fund for petroleum products: Applied from 16:00 on May 2, 2019.
Thereby, it can be seen that, from the date of May 2, 2019, the Ministry of Industry and Trade – Finance announced the basic prices of popular consumer petroleum products on the market. This regulation has affected business activities of key petroleum traders, setting a “ceiling” for selling prices of petroleum products, creating transparent and public petroleum try of Industry and Trade – Finance also decided:
Therefore, after making use of the price stabilization fund, the selling price of popular petroleum products on the market is not higher than the price:
– E5-RON92 Gas: not higher than VND 20,688 / liter;
– RON95-III Gasoline: not higher than VND 22,191 / liter;
– Diesel 0.05S: not higher than VND 17,695 / liter;
– Petroleum: not higher than VND 16,625 / liter;
– Mazut 180CST 3.5S: no higher than VND 16,002 / kg.
Appropriation and use of petroleum price stabilization fund for petroleum products: Applied from 16:00 on May 2, 2019.
Thereby, it can be seen that, from the date of May 2, 2019, the Ministry of Industry and Trade – Finance announced the basic prices of popular consumer petroleum products on the market. This regulation has affected business activities of key petroleum traders, setting a “ceiling” for selling prices of petroleum products, creating transparent and public petroleum business activities. Equal and guaranteed prices in line with developments in petroleum products in the world and economic capacity of the people.

Organization and consultancy support for small and medium-sized enterprises through a network of consultants
回答

On 29/03/2019, the Ministry of Planning and Investment has issued Circular No. 06/2019/TT-BKH of Guidance regulations and organizational activities of the consultant network, support counseling small and medium-sized enterprises through a network of consultants. Circular 06/2019 / TT-BKH will take effect from the date 05.12.2019
Accordingly, Circular 06/2019 / TT-BKH regulations on the organization of advisory support for small and medium-sized enterprises through a network of consultants as follows:
– Small and Medium Enterprises select organizations and individuals belonging to a network consultant counselor;
– Receive the application file for consulting support;
– Approving consultancy support;
– Manage, supervise and evaluate the implementation consultancy for small and medium-sized enterprises.
Besides, ministries and ministerial-level agencies will develop online software to organizations and individuals eligible to register and be recognized automatically in a network consultant.
Small and medium-sized enterprises can look up information on network consultants, include name of organization / individual counseling; registration number and consulting capacity profile at:
– The electronic information of ministries and ministerial-level agencies with counselors networks;
– National portal supports small and medium enterprises.
Thus, Circular 06/2019 / TT-BKH not the specified provisions of Article 13 of Decree 39/2018/ND-CP on advisory support for small and medium-sized enterprises, but also to create a legal corridor Standard logic for supporting small and medium enterprises. This provision facilitates maximum and priorities expressed by the State to develop this business model driven development with the economy in Vietnam.

Legal News No. 14/2019
回答

Import criteria for used technological chains
回答

On April 19th, 2019, the Prime Minister issued Decision No. 18/2019/QD-TTg regulating the import of used machinery, equipment and technology lines. This decision takes effect from June 15th, 2019.
Accordingly, Decision No. 18/2019/QD-TTg has specified the Import Criteria for used technological lines, which are allowed to be imported when meeting the following criteria:
1. Produced according to standards:
a) Compliance with regulations of national technical regulations (QCVN) on safety, energy saving and environmental protection;
b) In case there is no national technical regulation (QCVN) related to imported technology lines, the technological line must be produced according to standards in accordance with the technical criteria of the national standard ( TCVN) of Vietnam or the national standard of one of G7 and South Korea countries on safety, energy saving and environmental protection.
2. Capacity (in terms of the number of products produced by the technology line in a unit of time) or the remaining efficiency must be 85% or more of the design capacity or efficiency.
3. The consumption of raw materials, materials and energy must not exceed 15% of the design.
4. Technology of technological lines not on the list of technologies banned from transfer and the list of technologies subject to transfer restriction specified in Decree No. 76/2018 / ND-CP detailing and guiding the implementation of one Number of articles of the Law on Technology Transfer.
5. Technology of technology lines must be used in at least 03 production facilities in the Organization of Economic Cooperation and Development (OECD).
Thereby, it can be seen that, from the date of June 15th, 2019, the Prime Minister has clearly defined import criteria for used technology lines and import permits.
This regulation has contributed to solving problems of investors when they have a need to import used technology chains, facilitating investors to import according to clear and transparent criteria and contribute part to promote industrial production, reduce the cost of investment for investors and businesses.