On 05/05/2019, the Minister of Labor, War Invalids and Social Affairs issued Decision No. 636 / QD-LDTBXH announcing newly issued, amended, supplemented and abolished administrative procedures. The field of labor and wages falls within the scope of state management functions of the Ministry of Labor, Invalids and Social Affairs. This decision takes effect from 05/05/2019.
Accordingly, the Ministry of Labor, War Invalids and Social Affairs issued five provincial administrative procedures on labor and wages, specifically in the field of labor sub-leasing:
Issuing licenses for labor sublease activities
Renewal of labor sublease licenses
Re-grant labor sublease license
Revoke License for labor sublease
Withdrawal of deposit of labor sublease enterprises
Thus, Decision 636 / QD-LĐTBXH has shown a new spirit in the provisions of the law, namely the competence to grant labor sublease licenses to the Chairman of the provincial People’s Committee (according to the Decree). 29/2019 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease activities, the deposit and the list of jobs to be subleased effective from May 5, 2019) instead of the Minister of Labor, War Invalids and Social Affairs (according to Decree 55/2013 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing labor sublease activities, collateral and work list to be subleased for labor expires from May 5, 2019).
On 20/05/2019, the Government issued Decree No. 44/2019/ND-CP regulating the adjustment of pensions and social insurance and monthly allowances, Decree No. 44/2019/ND- CP is effective from July 1, 2019
Accordingly, Decree No. 44/2019 / ND-CP regulates the adjustment of pensions and social insurance allowance and monthly allowance as follows:
From July 1, 2019, an increase of 7.19% on pensions, social insurance and monthly allowances of June 2019 for the following subjects:
Officials, workers, employees and workers; military personnel, public security officers and employees are entitled to monthly pensions;
Officials, communes, wards and towns in Decree 92/2009 / ND-CP, Decree 121/2003 / ND-CP and Decree 09/1998 / ND-CP;
People who are receiving monthly disability allowance, who are receiving monthly benefits;
Commune and township ward officials are receiving monthly allowance according to Decision 130 / CP and Decision 111-HDBT;
Military personnel are receiving monthly allowance according to Decision 142/2008 / QD-TTg and Decision 38/2010 / QD-TTg;
Police are receiving monthly allowance according to Decision 53/2010 / QD-TTg;
Military personnel, public security officers, employees working as pensioners are entitled to pensions as for military personnel, CAND is receiving monthly allowance according to Decision 62/2011 / QD-TTg;
People who are receiving monthly labor accident or occupational disease allowance.
Thus, Decree No. 44/2019 / ND-CP has made relatively significant and practical adjustments on pension, social insurance and monthly allowance for 8 separate and specific target groups. on.
On 21/05/2019, the Government issued Decree No. 45/2019/ND-CP regulating administrative violations, sanctions, penalties and remedies and competence to make records on administrative violations in the field of tourism. This Decree takes effect from 01/08/2019.
According to Decree No. 45/2019/ND-CP, for each act of administrative violation in the field of tourism, violating individuals and organizations must be subject to one of the main sanctioning forms: caution or fine. .
Depending on the nature and severity of violations, individuals and organizations that commit acts of administrative violation in the tourism domain may also be subject to one or more of the following additional sanctioning forms:
Deprivation of the right to use for a term of from 1 month to 24 months: Travel service business license; tourist guide card; decision on recognition of class of tourist accommodation establishments; decide to recognize other tourist service business establishments that meet the standards of tourists; decision to recognize tourist destinations; decision to recognize tourism areas; signboards of tourist transport means;
Suspension of operation for a period of from 1 month to 06 months;
Confiscation of material evidences in administrative violations: Fake travel service business license; fake tourist guide card; fake transport vehicle signs.
In addition, individuals and organizations that commit administrative violations in the field of tourism in addition to being subject to the above sanctioning forms may also be subject to one or several of the following remedial measures:
Forcible re-payment of illegal profits gained from the execution of administrative violations;
Forced withdrawal of international travel service business licenses, tourist guide cards, decisions on recognition of tourist accommodation establishments and decisions on recognition of other standard tourist service business establishments. serving tourists, deciding to recognize tourist spots, deciding to recognize tourist resorts;
Forced dismantling of standard signs for tourists;
Compulsory payment of charges, fees and payable amounts as prescribed.
The Decree stipulates the maximum fine level for each act of administrative violation in the field of tourism for individuals is VND 50 million, for organizations is VND 100 million. For the same act of administrative violation, the fine level for organizations is 2 times the fine level for individuals.
The promulgation of Decree No. 45/2019 / ND-CP is necessary to enhance the effectiveness and efficiency in state management while attracting tourists and ensuring sustainable tourism development.
On 21/05/2019, the Minister of Agriculture and Rural Development issued Decision No. 1821/2019/QD-BNN-CN promulgating decisions on the announcement of amended and supplemented administrative procedures. breeding and aquaculture areas under the management functions of the Ministry of Agriculture and Rural Development.
Accordingly, Decision No. 1821/2019/QD-BNN-CN stipulates a number of issues related to conditions for establishments testing animal feed and aquaculture. In this article, the author would like to mention the above problem in accordance with the current law.
Decision No. 1821/2019/QD-BNN-CN regulates central administrative procedures under the management of the Ministry of Agriculture and Rural Development in the field of livestock and fisheries. There are four amended and supplemented administrative procedures including:
Registration for testing of new animal and aquatic feeds
Registration of domestically produced animal feeds and aquatic products permitted for circulation in Vietnam
Changing information of animal feed and aquatic products permitted for circulation in Vietnam
Approving the import of livestock and aquatic feeds not yet permitted for circulation in Vietnam for production and processing for export purposes.
For procedures for registration of assay for animal and aquatic feeds, new conditions have been amended for establishments testing animal and aquatic feeds. Specifically, this Decision has stipulated:
Having or renting locations, material facilities and specialized equipment to meet the requirements of assaying each kind of food on each farming object.
For aquatic food testing establishments, there must be sufficient water sources meeting the quality requirements; There are separate water supply and drainage systems, with waste water storage ponds to ensure the inspection of environmental indicators and criteria of aquatic diseases.
Technical managers must have a university or higher degree in livestock, animal husbandry – veterinary, biotechnology (for animal feed testing facilities) or specialized aquaculture. production and biology (for aquatic food testing facilities).
Decision No. 1821/2019/QD-BNN-CN was issued as a necessary amendment, though it removed some contents but still ensured the rigor of the conditions through which the basis Testing may be flexible in the process of assaying new animal and aquatic feeds.
On 22/05/2019, the Ministry of Construction issued Decision No. 398/QD-BXD promulgating the Plan for implementing Directive 11/CT-TTg dated April 23, 2019 of the Prime Minister on a number of measures to promote The real estate market develops stably and healthy.
Accordingly, the Plan is issued with the following main contents:
Objectives: To enhance the institutional improvement of housing and real estate market management in a timely manner, suitable to the practical situation; effectively implementing social housing programs; strengthen guidance, inspection and inspection on housing and real estate market.
Content of the plan, including:
Study and complete the draft Law on amendments and supplements to a number of articles of the Construction Law, the Housing Law and the Law on Real Estate Business;
Study and issue amendments and supplements to construction standards and standards for different types of apartment houses and tourist apartments;
Proposing the promulgation of legal documents on regulations on management and operation of short-term office buildings.
In addition, the Decision also specified specific responsibilities and specific tasks for individuals, agencies and organizations involved.
New regulations of the Prime Minister show interest and promote the healthy, stable and sustainable development of the real estate market.
On 10/05/2019, the Government issued Decree No. 39/2019/ND-CP regulating the organization and operation of small and medium enterprise development funds effective 01/07/2019.
Accordingly, the Decree No. 39/2019/ND-CP has outstanding contents as guidelines for lending to small and medium enterprises, specifically as follows:
Lending activities of the Fund are made under the agreement between the Fund and small and medium enterprises. Small and medium-sized enterprises borrowing capital from the Fund must ensure the use of loan capital for the right purposes, repay the principal and loan interest fully and on time as agreed with the Fund.
Enterprises that borrowed capital are small and medium enterprises with creative startups, small and medium enterprises participating in industry-linked groups, small and medium enterprises joining the value chain.
Direct lending interest rate is equal to 80% of the lowest commercial lending interest rate. The lowest level of commercial lending interest rates is determined on the basis of comparing the lending interest rates of four commercial banks with state capital and the largest total assets at the time of determining the lending interest rates of the Fund.
The maximum loan amount for each project or production or business plan must not exceed 80% of the total investment capital of each project or plan. The total loan amount of a Fund for a small and medium enterprise must not exceed 15% of the Fund’s actual charter capital.
Loan term is determined in accordance with the ability to recover capital, repayment capacity of enterprises and specific conditions of each project, production and business plan, but not exceeding seven years.
Thus, Decree No. 39/2019 / ND-CP has set out the principles and conditions of borrowing for small and medium-sized enterprises, while supporting medium enterprises to create a legal corridor to ensure the Fund’s rights..
On March 15th, 2019, the Ministry of Justice issued Circular No. 02/2019/TT-BTP stipulating the obligation to participate in compulsory training of lawyers. The circular takes effect from May 5th, 2019
Accordingly, Circular No. 02/2019/TT-BTP provides many new regulations that stand out from Circular 10/2014/TT-BTP as follows:
Reducing the time to participate in professional training of lawyers at least 8 hours / year (instead of the current regulation of 16 hours / year).
New regulations on the time for redemption to participate in training in that year (this point has not been stipulated in Circular 10/2014 / TT-BTP). Specifically the following cases:
Writing legal research papers published in domestic and foreign law specialized journals; …
Participate in teaching law, law practice skills, ethics and professional law practice at law bachelor training institutions, law training institutions;
Participate and complete the judicial title training program;
Participate in and complete professional training courses, lawyers on lawyers and law practice abroad;
Participate in training programs, seminars, seminars from 1 day or more on the contents specified in Article 3 of Circular 02/2019 organized by the Department of Justice, Department of Justice Assistance and supplementation.
(01 time of participation and completion is estimated by 08 hours of performing the training obligation)
Thus, Circular 02/2019/TT-BTP has been issued to create an open mechanism for training methods to improve skills and allow the conversion of time to participate in compulsory professional training. Service of Lawyers. This provision has both ensured the improvement of professional knowledge of lawyers and is also consistent with the actual situation of lawyers in practice.
On March 27th, 2019, the Government issued Decision No. 758/QD-BGDTT on the announcement of the list of conditions for business investment in conditional business and investment sectors under the management function. management of the Ministry of Education and Training. This decision takes effect on the issed date.
Accordingly, Decision No. 758/QD-BGDDT has specified the Conditions for preschools and kindergartens to operate, as follows:
Having a decision to establish or a decision to permit the establishment of the Chairman of the district People’s Committee;
There are land, campuses, facilities, equipment that meet the requirements, maintain and develop educational activities (specifically, Section 1.2 List of business investment conditions issued together with the Decision No.758/QD-BGDDT);
Having a staff of managers, teachers and staff in sufficient quantity, reasonably structured and up to the standards of ensuring the implementation of preschool education programs and organizing educational activities;
Having sufficient financial resources as required to ensure the maintenance and development of educational activities;
There are regulations on organization and operation of preschools and kindergartens.
It can be seen that, through out the issuance of Decision No.758/QD-BGDDT, the Ministry of Education and Training has clearly stipulated conditions for preschools and kindergartens to operate in education. This regulation has adjusted both kindergartens, preschools, public kindergartens as well as private, private institutions, creating a transparent and fair environment in the management and licensing of units want to invest, business education activities.
On March 28th, 2019, the Government issued Decree No. 30/2019/ND-CP amending and supplementing a number of articles of Decree 99/2015/ND-CP guiding the Law on Housing. The Decree takes effect on May 15, 2019.
Accordingly, Decree 30/2019/ND-CP additionally stipulates the time to arrange the use of old houses under the ownership of houses, as follows:
1. In case the person is actually using the house, has a house-renting contract and is named in this house-renting contract, the time of arranging the house use is determined as follows:
If the time of arranging the use of the dwelling is stated in the lease contract, it shall be determined according to the time stated in the contract;
If the housing lease contract does not state the time when the house is used, it will be determined by the time of signing the contract;
If the contract is renewed or the lease contract is renewed, the time of use arrangement is determined by the time stated in the first contract;
If the person directly using the house has papers proving that he has paid the housing rent before signing the house lease contract, the time of arranging the house use is determined by the time of payment of the housing rent; In case, when signing a house-renting contract, the competent agency has retrospectively collected the house rent (with papers proving the collection of house rent arrears), the time of arranging the house use shall be determined according to the time of calculation of housing arrears collection;
If the person directly using the house has a decision or a distribution document to arrange to use the house (hereinafter referred to as a layout document) and named in that document before the time of signing the contract when renting a house, the time of use arrangement is determined according to the time of writing in the layout-use document; If the written layout is not used, the time of writing shall be determined according to the time of issuance.
2. In cases where they are actually using houses, having no house-renting contracts but having names in the layout documents, the time of arranging the use of houses is determined according to the time inscribed in such documents; If the written layout is not used, the time shall be determined according to the time of issuing this document.
3. In cases where the actual use of a house subject to the right to rent a house is actually used (with a house lease contract or a written arrangement to use the house but not named in the contract or in that document), The time of arrangement of house use is determined according to the time when the first person is named in the contract or the document on the arrangement of use of the house.
Thus, the addition of regulations on determining the time of allocation of old state-owned houses is an essential factor and a legal basis for people as well as responsible state agencies exercise their rights and obligations.
On March 28th, 2018, the Prime Minister issued Decision No. 16/2019/QD-TTg stipulating the route to apply emission standards for imported cars and used cars. This Decision takes effect on May 15th, 2019.
Accordingly, Decision No.16/2019/QD-TTg regulates the outstanding content related to the route to apply emission standards for vehicles, specifically as follows:
– For the route to apply emission standards for cars participating in traffic, as following:
Cars fitted with forced-combustion engines and compressed-motor-driven automobile engines produced before 1999 will continue to apply Level 1.
Cars fitted with forced-combustion engines and compressed motor-mounted cars engaged in production traffic from 1999 to the end of 2008 shall apply Level 2 from January 1st, 2021.
Cars fitted with forced-combustion engines and compressed-motor-driven cars engaged in traffic production after 2008 apply Level 2 from January 1st, 2020.
– For the route to apply emission standards for imported used cars, as following:
Cars fitted with forced fire engines, used compression engines for fire engines are applied Level 4 from the effective date of this Decision.
In case of imported used cars at the time of opening import goods declarations under the Customs Law or having arrived at Vietnamese ports or border gates before the effective date of this Decision, they shall continue to apply the rules In the Prime Minister’s Decision No. 249/2005/QD-TTg of October 10th, 2005, stipulating the route for application of emission standards to road motor vehicles.
Thus, Decision No.16/2019/QD-TTg has detailed regulations on the route to apply emission standards for imported cars and used cars, with the item The goal is to minimize emissions of emissions into the environment from vehicles, ensuring the core goal is to protect the environment in accordance with national regulations, as well as the international community.
