On March 20th, 2019, the Government issued Decree No. 28/2019/ND-CP regulating denunciations and settling denunciations in the People’s Army. Accordingly, this Decree takes effect from May 5th, 2019.
This Decree stipulates the denunciation and denunciation settlement acts in the breach of military personnel, workers and defense officials in the performance of mission, public duties and other breaches of State management in Defense of agencies, units, organizations and individuals; protect whistleblowers, protected people; managing the settlement of denunciations in the People’s Army.
In particular, the Decree clearly states the principle of determining jurisdiction to settle denunciations, specifically:
Denounce law violations in the performance of tasks and duties of military personnel, workers and defense officials headed by military leaders of agencies and units with military management authority, workers and defense officials resolved.
Denounce law violations in the performance of tasks and duties of the commanders of agencies and units directly solved by the heads of military administrative agencies.
The Decree regulates the denunciation against military personnel, workers and defense officials of the agencies, units after merging, division, separation that the accused person is in charge of handling; the heads of the concerned agencies and units shall coordinate in settling.
Denounce military personnel, workers and defense officials of dissolved agencies and units due to the heads of agencies and units managing agencies and units before being dissolved.
Denounce agencies and units in the performance of tasks and public duties handled by the heads of agencies and units at one level of such agencies and units.
The promulgation of Decree 28/2019/ND-CP has created a consensus on the perception and process of denunciation, as well as strengthening the control role of other individuals and organizations to ensure compliance. Strict legal players in the ranks of the People’s Army.
On March 13th, 2019, the Prime Minister issued Decision No. 280/QD-TTg approving the National Program on economical and efficient use of energy in the period of 2019 – 2030. This decision takes effect from March 13, 2019.
Accordingly, the Program targets some of the following objectives:
Achieving energy savings from 5.0 to 7.0% of the total energy consumption nationwide by 2025 and from 8-10% of the national total energy consumption by 2030.
By 2025, reduce electricity loss to less than 6.5% and by 2030, reduce electricity loss to less than 6.0%.
Ensuring 100% of key transport enterprises have programs to disseminate skills to control technical means / solutions in exploiting and using motor vehicles in the direction of saving energy.
Ensure 100% of key energy consumption establishments apply energy management system as prescribed.
Reduce 5% of fuel and oil consumption in transportation compared to forecast of fuel consumption demand of the industry by 2030.
The program is implemented from 2019 to 2030 with a total budget of about 4,400 billion VND. In particular, the economic non-business funding of the central budget is about VND 600 billion; about 1,600 billion VND of non-refundable aid; ODA loans and concessional loans are about VND 2,200 billion.
The effective use of energy-efficient will have the effect of conserving the nation’s energy and reducing dependence on imported energy. The energy saving program has a great significance in protecting the environment, combating climate change as well as contributing to sustainable growth of the country.
On January 23rd, 2019, the Ministry of Transport (“MoT”) issued Circular No. 04/2019/TT-BGTVT on regulations on road and patrol weeks to protect road traffic infrastructure. Circular No. 04/2019/TT-BGTVT takes effect from March 28, 2019, replacing the Circular No. 47/2012/TT-BGTVT dated November 12, 2012 of the MoT regulating the week examining and inspecting and protecting road traffic infrastructure.
Circular No. 04/2019/TT-BGTVT detailing the tasks of road patrol staff for the following contents: management and protection of road traffic infrastructure; inspect and handle road works damage; work to ensure traffic order and safety and when road works occur or signs of danger do not ensure safety for exploitation and use.
Time for patrolling, checking each position of the project within the assigned national road segment: not less than 1 time/2 days under normal conditions; not less than 1 time / 1 day in the rainy season, on the road section, there is a risk of damage to the project, affecting safety in exploitation and use; The road section has traffic in transportation exceeding the design flow. In case of necessity (the days of flood and flood, bridges with complicated structures, badly damaged works), road construction managers require regular maintenance and operation of public works. Road construction increases the number of times of road times compared to the regulations.
The length of road patrol personnel is assigned to perform tasks depending on the size and nature of works and means of transport of road patrol workers but not exceeding the prescribed level: for roads of grade I and II: 25 km / person; for grade III roads: 30 km / person; For roads of grades IV, V and VI: 35 km / person.
Regarding road patrol work, the Circular stipulates that checking on assigned roads at least 01 time / week, increasing the number of patrolling times in cases where damaged road sections affect traffic safety, landslides, floods cause flooding or risk of landslides, weak bridges and road sections that are potentially at risk of traffic insecurity.
Circular No. 04/2019/TT-BGTVT specifying and detailing the responsibilities for units performing regular maintenance work and operation of road works; duty of the road patrolman; responsibilities of road managers and users and responsibilities of road management agencies. Thereby, ensuring the smoothness of arterial roads, protecting transport infrastructure, contributing to reducing traffic accidents, promoting economic and social development.
On March 20th, 2019, the Government issued Decree No. 29/2019 / ND-CP guiding Clause 3, Article 54 of the Labor Code on licensing of sublease activities, deposits and work lists. be allowed to sublease labor. This Decree has a force since May 5, 2019.
Accordingly, Decree No. 29/2019 / ND-CP has some outstanding contents as follows:
In terms of licensing conditions, according to Article 5 of Decree 29/2019 / ND-CP, the legal representative of an enterprise conducting labor sublease activities must ensure the following conditions:
As a business manager;
No criminal records;
Having worked in the field of labor sublease or labor supply for at least 03 years (36 months) or more within 5 consecutive years before applying for a license.
Enterprises have deposited 2,000,000,000 VND (two billion Vietnam Dong) at commercial banks or foreign bank branches established and operating legally in Vietnam.
Regarding the authority to grant, extend and revoke licenses, according to Article 6 of Decree 29/2019/ND-CP belongs to the Chairman of the People’s Committees of provinces and cities directly under the Central Government where enterprises are headquartered.
Regarding the work list to be performed for labor sublease, including 20 jobs is shown in Appendix I Decree 29/2019/ND-CP.
The promulgation of Decree No.29/2019/ND-CP guiding the contents of labor sublease has created unity in awareness and management of this field. At the same time, the Decree is also a clear legal basis for enterprises to have bases to participate in the field of labor sublease.
On January 28th, 2019, the Ministry of Finance issued Circular No. 07/2019/TT-BTC regulating the application of priority regimes in the implementation of customs procedures, customs inspection and supervision of goods import and export goods of the enterprise took effect on March 7th, 2019.
Accordingly, Circular No. 07/2019/TT-BTC has the following outstanding contents:
Enterprises are given priority in carrying out customs procedures, customs inspection and supervision for import and export goods of enterprises. Specifically:
Priority given by customs authorities and port and warehouse business agencies to carry out procedures for goods delivery in advance, with priority given to prior supervision;
Enterprises are allowed to bring imported goods to their warehouses for preservation while waiting for specialized inspection results, unless specialized inspection law stipulates that goods must be checked at the border gates.
Receive tax refund in advance, check later.
The General Department of Customs assesses and concludes on the recognition of priority enterprises.
Thus, Circular No.07/2019/TT-BTC guided the priority regime in the implementation of customs procedures, customs inspection and supervision of import and export goods of enterprises.
On March 11th, 2019, Ministry of Industry and Trade (“MIT”) issued Circular No. 05/2019/TT-BCT amending and supplementing a number of articles of Circular No. 16/2017/TT-BCT dated September 12th, 2017 of the MIT regulates the project development and the model power purchase contract applies to solar power projects. The Circular takes effect from April 25th, 2019.
Accordingly, the Circular No. 05/2019/TT-BCT amended and supplemented the electricity selling price of the solar roof project as follows:
-Before January 1st, 2018, the purchase and sale price of electricity was VND 2,086/kWh (excluding value-added tax, equivalent to 9.35 US cents/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 from January 1st, 2018, the electricity purchase and sale prices 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 exchange rate announcement of the previous year.
Thus, the amendment and supplement to the electricity trading price of the solar power project under the new circular is more in line with the growth trend of the economy and the demand of the people.
On 08/03/2019 the government promulgate Decree No. 26/2019/NĐ-CP detailing a number of articles and measures to implement the Law on Fisheries. This Decree takes effect from 25/04/2019.
Accordingly, Decree No. 26/2019/NĐ-CP The import of aquatic breeds is prescribed as follows:
1.Organizations and individuals that wish to import aquatic breeds not yet on the list of aquatic species permitted for business in Vietnam for scientific research and exhibit at fair and exhibition must be granted by the General Department of Fisheries permission.
2.Application file for import license of aquatic breeds included:
a)Application for import of aquatic breeds;
b)Photos or drawings describing aquatic species for import registration with Vietnamese names, scientific names and English names (if any);
c)The research proposal has been approved in accordance with the law on science and technology (in case of import for scientific research);
d)Evidence of participation in trade fairs and exhibitions; plans to deal with aquatic species after the fair or exhibition ends (for cases of import for display at fairs and exhibitions).
Thus, the promulgation of Decree 26/2019/ND-CP stipulates in detail the import of seafood next to the basis for better state management, also the basis for organizations and fish People need to import aquatic products to pay attention to comply with the law.
On 04/03/2019 Ministry of Industry and Trade promulgated Circular No. 04/2019/TT-BCT regulates on principles of poultry tax quota management in 2019. The Circular takes efford from 17/04/2019.
Accordingly, Circular No. 04/2019/TT-BCT prescribe the amount of import tariff quotas in 2019 as follows:
Thus, the regulation of the amount of tariff quotas is clearly the basis for the state agencies to easily manage, while helping poultry farmers have a basis to implement their obligations to the state.
On February 27, 2019, Hanoi City Tax Department issued Official Letter No. 7623/CT-TTHT on the corporate income tax policy which set out criteria for enterprises to determine deductible expenses.
Accordingly, Official Letter No. 7623/CT-TTHT provides guidelines for determining deductible expenses, after reporting to the General Department of Taxation, specifically:
Article 6, Circular No. 119/2016/TT-BTC, Amending and supplementing Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance guiding the implementation of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government stipulates and guides the implementation of the Law on Enterprise Income Tax as follows:
Enterprises may deduct all expenses if they meet the following conditions:
a)Actual expenses arising related to production and business activities of enterprises;
b)Expenses with sufficient legal invoices and vouchers as prescribed by law.
c)Expenses for invoices of goods and services each time valued at VND 20 million or more (price inclusive of VAT) when payment must have non-cash payment documents.
The promulgation of Official Letter No. 7623/CT-TTHT of Hanoi Tax Department shows that this is a regular activity of the agency, in order to support enterprises in solving problems and applying the law consistently tax.
On March 11, 2019, the Ministry of Transport issued Circular 10/2019/TT-BGTVT on regulations on natural disaster prevention and control in the maritime field. This Circular takes effect from May 1, 2019.
Accordingly, the management agency implementing the task of preventing natural disasters in the maritime field is Vietnam Maritime Administration; Agencies and units performing tasks of natural disaster prevention and combat are agencies and units attached to Vietnam Maritime Bureau and enterprises operating in the maritime field;
General tasks of agencies, units, organizations and individuals that carry out annual disaster prevention activities in the maritime field include:
Circular 10/2019/TT-BGTVT on regulations on prevention and control of natural disasters in the maritime field was issued to replace Circular No. 29/2010/TT-BGTVT dated September 30, 2010 of the Minister of Transport transport regulations on prevention and fight against floods and storms in the maritime industry.
