On March 26th, 2019, the Minister of Industry and Trade issued Decision No. 708/QD-BCT approving the Plan for improving Logistics Performance Index of Vietnam. This decision takes effect from the date of signing.
The aim of the Plan is to improve Vietnam’s ranking in the LPI rankings published by the World Bank from now to 2025 by 5-10 steps (in 2018, Vietnam ranked 39th in the world in terms of LPI rankings), contributing positively to improving the business environment, cutting costs, improving competitiveness in providing logistics services in Vietnam, improving innovation capacity …, contributing to real currently winning the Government’s resolution on socio-economic development.
The plan sets out specific tasks associated with the roles of ministries, sectors, localities and is divided into task groups closely related to the component indicators in LPI, including:
1. Group of tasks on infrastructure upgrade;
2. The task group on improving delivery capabilities;
3. Tasks on improving capacity and quality of logistics service provision;
4. Group of tasks on technology application, optimal access capability;
5. Group of tasks on shortening time and reducing costs;
6. The task group on improving customs clearance efficiency;
7. Group of auxiliary tasks.
In general, the issuance of Decision No.708/QD-BCT to implement Resolution No.02/NQ-CP dated January 1st, 2019 of the Government showed the State’s determination to improve the business environment, improving national competitiveness, short-term and long-term vision, thereby helping to raise the position and reputation of Vietnam, promoting economic development and attracting foreign investment.
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:
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;
Organizations registering for transactions terminate their existence due to merger, consolidation, division, dissolution or bankruptcy;
Organizations registering for transactions is revoked the business registration certificate or establishment license and operates in the specialized field;
Organizations registering for transactions approved for listing at the Stock Exchange;
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.
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 February 26th, 2019, the Government issued Decree No. 23/2019/ND-CP on exhibition activities. This Decree takes effect from April 15th, 2019.
Accordingly, Decree No.23/2019/ND-CP details the exhibitions that must apply for a license to hold an exhibition, as following:
The exhibition is taken oversea by Vietnamese organizations and individuals.
The exhibition is hold in Vietnam by international organizations, foreign organizations and individuals.
Thereby, it can be seen that, the next time since April 15, 2019, the Government has clearly defined the cases that must apply for a license to hold an exhibition, as well as exhibitions that are not regulated The Decree requires a license. This provision has helped investors, individuals and organizations implement the exhibition to better understand the cases of applying for permits, creating a transparent environment in managing and licensing real exhibitions. present in Vietnam and bring abroad.
On March 11th, 2019, the Ministry of Industry and Trade issued Circular No. 05/2019/TT-BCT amending the Circular No. 16/2017/TT-BCT regulating the project development and the model electricity purchase and sale contract for solar power project. The circular takes effect from April 25th, 2019.
Accordingly, the electricity purchase price of the solar roof project is revised and supplemented, as following:
Before January 1, 2018, the purchase and sale price of electricity was VND 2,086 / kWh (excluding value-added tax, equivalent to 9.35 UScents / kWh, according to the central exchange rate of Vietnam dong against the dollar. The US announced by the State Bank of Vietnam on April 10, 2017 is VND 22,316 / USD;
As of January 1, 2018, the electricity purchase and sale price applicable under the provisions of Clause 1 of this Article shall be adjusted according to the central exchange rate of Vietnam dong against the US dollar announced by the State Bank of Vietnam. on the date of the last rate announcement of the previous year;
Add content of sample electricity purchase contract for rooftop solar power projects specified in the Appendix of this Circular.
Thus, the amendment and supplement of electricity trading price of the solar roof project is in line with the development trend of the society.
On December 28th, 2018, the Ministry of Finance issued Circular No. 136/2018/TT-BTC on amending and supplementing a number of articles of Circular 13/2017/TT-BTC dated February 15th, 2017 on managing cash revenues and expenditures through the State Treasury system.
Accordingly, from the date of April 1, 2019, when the circular takes effect, the collection and spending, the use of cash through the State Treasury system will be managed more closely than the previous time.
Besides, enterprises and economic organizations having accounts at commercial banks will pay the state budget by non-cash payment or by cash at commercial banks for remittance. into the State Treasury account. As a rule, since April 1, 2019, all economic organizations have been established and operated in accordance with the laws of Vietnam including enterprises, cooperatives, cooperative unions and other organizations conducting other business investments will not use cash when performing activities to submit to the State budget.
In addition, cash withdrawals and expenditures of organizations using the state budget are also limited and limited. Under the new rules in effect, units using the state budget will not be allowed to use more than VND 100,000,000 in cash for each transaction.
Thus, with the promulgation of the Circular No. 136/2018 above, the Ministry of Finance responded proactively and positively to the Government’s guidance in improving transparency and efficiency of revenue and expenditure, Using the State Budget, contributing to repress corruption and negative effects.
On March 20th, 2019, the Ministry of Finance issued Decree No. 29/2019/ND-CP stipulating details on the licensing of labor sublease activities, the deposit and work list to be performed labor sublease takes effect on May 5th, 2019.
Accordingly, Decree No. 29/2019 / ND-CP has the following outstanding contents:
One of the conditions for enterprises to be licensed to sublease labor is the enterprise that has made a deposit of 2,000,000,000 dong (two billion Vietnam dong) at a commercial bank or a foreign bank branch. established and legally operated in Vietnam.
The enterprise sends a set of documents as prescribed to the Department of Labor, War Invalids and Social Affairs of the province or city under central authority (hereinafter referred to as the Department of Labor – Invalids and Social Affairs) where the enterprise places its head office. Head office to apply for a license. The Chairman of the provincial People’s Committee considers and grants a license to the enterprise.
Issued 20 job portfolios for sublease.
Thus, Decree No. 29/2019/ND-CP has detailed regulations on the licensing of labor sublease activities, the deposit and the list of jobs to be subleased.
On March 21st, 2019, the Ministry of Health issued Circular 02/2019/TT-BYT attached to the National Technical Regulation on Dust – Exposure limit value allowed 05 dust elements at work. This Circular takes effect from September 22rd, 2019.
According to this Regulation, exposure limit value allows 05 dust factors at work including:
Asbestos dust at work;
Silicon dust at work;
Dust does not contain silicon at work;
Cotton dust at work;
Coal dust at work.
This regulation applies to environmental management state agencies; agencies and organizations implementing the monitoring of the working environment; organizations and individuals have dust generating activities at the workplace and related organizations and individuals.
Establishments having workers exposed to dust must periodically monitor the working environment, assess dust factors at least 1 time / year in accordance with this regulation and relevant provisions of the Labor Code; Labor safety and hygiene law.
In case the dust concentration in the workplace exceeds the permitted limit limit value of this regulation, the employer must immediately implement measures to improve working conditions and protect workers’ health according to provisions of law on occupational safety and hygiene.
Standard of asbestos dust, standard of dust containing silicon, silicon dust-free standard and cotton dust standard in the Occupational Hygiene Standards issued under Decision No. 3733/2002/QD-BYT dated 10/10/2002 of the Ministry The Minister of Health shall expire from the effective date of this Circular.
On January 22rd, 2019, the Government issued Decree No. 05/2019/ND-CP on internal audit. The Decree takes effect from April 1, 2019.
Accordingly, the Decree stipulates that enterprises 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 in which the parent company operates according to the parent-subsidiary company model.
These enterprises can hire an independent auditing organization to qualify for audit activities in accordance with the law to provide internal audit services. The hiring of internal audits of enterprises of the Ministry of Defense and the Ministry of Public Security shall comply with the regulations of the Minister of Defense and the Minister of Public Security.
In summary, Internal auditing helps enterprises achieve their goals through a systematic and disciplined approach to assess and improve the effectiveness of risk management, control systems and management processes, value protection for businesses.
