On March 15th, 2019, the Ministry of Finance issued Circular No. 13/2019/TT-BTC amending and supplementing a number of articles of Circular No. 180/2015/TT-BTC dated November 13th, 2015 guiding registration of securities transactions on the trading system for unlisted securities. The Circular takes effect from May 1st, 2019.
Accordingly, the circular stipulates additional 02 cases of stock terminated registration on Upcom Stock Exchange, bringing the total to 06 cases, as following:
a) Organizations registering for transactions no longer meet the conditions of public companies according to the notice of cancellation of public company registration of the State Securities Commission;
b) Organizations registering for transactions terminate their existence due to merger, consolidation, division, dissolution or bankruptcy;
c) Organizations registering for transactions is revoked the business registration certificate or establishment license and operates in the specialized field;
d) Organizations registering for transactions approved for listing at the Stock Exchange;
e) Equitized enterprises by the method of offering securities to the public register for trading on the Upcom trading system and are granted business registration certificates, will be canceled their transaction registration after one (01) year from the date of not meeting the conditions for capital or shareholders according to the provisions of Point c, Clause 1, Article 25 of the Securities Law or both of the above conditions.
f) The equitized enterprise registers to trade on the Upcom trading system and are granted a business registration certificate before the effective date of this Circular, if not meet the conditions on capital or shareholders according to the provisions of Point d, Clause 1, Article 6 of this Circular, the transaction registration will be canceled within one (01) year from the effective date of this Circular.
In addition, the Circular also amended the regulations on the time of stock exchange registration. Within 30 days from the end of the public offering of securities in accordance with the law on securities, Public companies that have not listed securities must complete the securities registration at the Vietnam Securities Depository and register for trading on the Upcom Stock Exchange.
The new regulation of the Ministry of Finance helps to complete the process, procedures and records in the direction of facilitating enterprises to register for trading on the Upcom Stock Exchange, especially the equitized State enterprises.
On March 7th, 2019, the Government issued Decree No. 25/2019/ND-CP on amending and supplementing a number of articles of Decree No. 13/2011/ND-CP dated February 11, 2011 of the Government on safety of petroleum projects on land. The Decree takes effect from April 22nd, 2019.
Accordingly, the Decree specifies the safe distance of oil and gas projects, must not carry out activities that are likely to cause direct or indirect damage to the operation and safety of the works oil and gas include: Activities capable of causing fire, subsidence, displacement, digging operations, affecting the pipeline; Plant tree; Discharge of corrosive substances; Organizing meetings with many people, sightseeing and tourism activities without permission of the competent authorities.
The anchoring of waterway, maritime, fishing, sand mining, dredging or other activities in the water can interfere with the operation and safety of oil and gas projects and means of transport to and from oil and gas projects, except for the activities of controlling the flow of water and transport and transport activities on the river, are not carried out.
Besides, it is not allowed to anchor activities of waterway, marine, fishing, sand mining, dredging or other activities in the water that could cause harm to the pipeline; except for water flow and operation control operations, river transport.
New regulations on safety requirements in oil and gas projects have great significance in ensuring labor safety, ensuring health safety for people and protecting the environment in areas near public works oil and gas process, ensuring safety for officials and workers working at the project.
On March 15th, 2019, the Ministry of Finance issued Circular No. 13/2019/TT-BTC amending and supplementing a number of articles of Circular 180/2015/TT-BTC guiding the registration of securities transactions. Contracting on the trading system for unlisted securities. The Circular takes effect from May 1st, 2019.
Accordingly, Circular No. 13/2019/TT-BTC provides changes in transaction registration when changing the number of securities compared to Circular 180/2015/TT-BTC, as follows:
The Circular No. 13/2019/TT-BTC has been amended in the direction that the transaction registration organization changes the transaction registration when changing the number of securities registered for trading on the Stock Exchange. This provision covers cases of changing the registration of transactions, including the case of increasing or decreasing the number of securities registered for trading.
According to the old rules, the cases of changing the registration of transactions include: “The organization registering the transaction shall perform the split or consolidation of stocks, issue additional shares to pay dividends or bonus shares or offer to buy the right to buy shares for existing shareholders to increase charter capital; The organization registering the transaction is separated or merged with the enterprise ”, has not covered all cases of changes in the number of shares registered for trading.
Thus, the Circular No. 13/2019/TT-BTC has included cases of changing transaction registrations (in case of increasing or decreasing the number of securities to be posted.
On April 3rd, 2019, the Center for Information Technology – Vietnam Social Insurance issued Official Letter 330/IT-PM to the social insurance agencies of the provinces and cities directly under the Central Government on the implementation of the Multi-Interactive System means between people and businesses with social insurance agencies.
According to Official Letter No. 330/IT-PM, from April 3rd, 2019, workers can look up their social insurance information through mobile phones by texting their messages. The following method:
1. Look up the time of social insurance participation: TC <space> Social insurance <space> Social Insurance number sent to 8179
For example: Write a message TC BHXH 0110129425 to 8179; Information received: Social Insurance number: 0110129425; Time for social insurance participation: 09 years 07 months; Time to participate in UI: 08 years 08 months.
2. Look up the time of social insurance participation by time: TC <space> social insurance <space> {BHXH number} <space> {month-year word} <space> {to month-year}
Example: Compose a message with TC BHXH syntax 0110129425 012016 122017 and send it to 8179.
3. Look up the time of social insurance participation by year: TC <space> social insurance <space> {social insurance code} <space> {word year} <space> {to year}
Example: Compose a message with TC BHXH syntax 0110129425 2017 2018 and send to 8179.
Official Letter No. 330 / IT-PM dated April 3rd, 2019 was issued to implement Decision No. 681 / QD-BHXH dated May 18, 2018 of Vietnam Social Insurance on approval of the Lease Plan Information technology services “Multimedia interaction system between people and businesses with social insurance agencies”.
On March 27th, 2019, the Ministry of Education and Training issued Decision No. 758/QD-BGDTT on the announcement of the list of conditions for business investment in conditional business lines and trades micro-management functions of the Ministry of Education and Training. The decision takes effect from the date of signing.
Accordingly, the primary school must meet the following conditions for educational activities:
Having a decision on the establishment or permitting the establishment of a school;
Land, campus, facilities and equipment must meet the requirements of educational activities as stipulated in Clause 12 Article 1 Decree No. 135/2018 / ND-CP;
Place to build schools to ensure a safe educational environment for learners, teachers and workers;
There are educational programs and teaching and learning materials in accordance with primary education.
Having teachers, managers and staff who meet the standards, sufficiently in terms of structure, ensuring the implementation of the educational program.
Having sufficient financial resources as required to ensure the maintenance and development of educational activities.
Decision No. 758/QD-BGDDT of the Ministry of Education and Training has facilitated the development of educational activities, business investment activities in the field of education and training.
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.
On March 29th, 2019, the State Bank of Vietnam issued Circular 04/2019/TT-NHNN amending the Circular No. 24/2013 / TT-NHNN regulating the classification of assets and off-balance-sheet commitments of Vietnam Development Bank is issued by the State Bank of Vietnam. The Circular takes effect from May 15th, 2019.
Accordingly, Circular 04/2019/TT-NHNN amended the adjustment scope of Circular No. 24/2013/TT-NHNN as follows:
This Circular provides for the classification of assets (hereinafter referred to as debt) and off-balance sheet commitments of Vietnam Development Bank.
Debts that must be classified in this Circular include:
State investment credit loans;
Export credit of the State under the contract signed before the Decree No. 32/2017/ND-CP dated March 31, 2017 of the Government on effective investment credit of the State;
Re-lending foreign loans of the Government;
Entrusted lending;
Other loans;
Amounts paid on behalf of off-balance sheet commitments.
Commercial bank loan guarantees (hereinafter referred to as off-balance sheet commitments) must be classified under this Circular to manage and supervise the quality of credit granting activities of the Vietnam Development Bank. Male.
For debts and off-balance sheet commitments specified in Clauses 2 and 3 of this Article, the Government and the Prime Minister provide guidance on the classification, and follow the instructions of the Government and the Prime Minister.
Thus, the State Bank has made adjustments and amendments to the actual implementation and current international trends.
On January 22nd, 2019, the Government issued Decree No. 05/2019/ND-CP on internal audit. This Decree takes effect from April 1, 2019.
Accordingly, Article 10 of Decree 05/2019/ND-CP stipulates that the following units must perform internal audit, including:
Listed company;
Enterprises where the state owns more than 50% of charter capital are parent companies operating under the model of parent company – subsidiary companies;
State-owned enterprises are parent companies operating under the model of parent company – subsidiary companies.
Besides, businesses that are not in the above cases are encouraged to carry out internal audit.
The above enterprises can hire an independent auditing organization to qualify for audit activities in accordance with the law to provide internal audit services. If an enterprise hires an independent auditing organization to provide an internal audit service, it must ensure the basic principles of internal audit and requirements to ensure compliance with the basic principles of the audit internal.
In summary, with the promulgation of the above Decree 05/2019, the Government has developed a legal framework for internal audit activities, contributing to improving transparency in corporate governance.
