On February 1st, 2019, the Government issued Decree No. 13/2019/ND-CP on science and technology enterprises. The Decree takes effect from March 20, 2019.
According to Clause 1, Article 6, Decree No. 13/2019/ND-CP stipulates that enterprises are granted certificates of science and technology enterprises when meeting the following conditions:
e)Established and operating under the Enterprise Law;
f)Being able to create or apply scientific and technological results which are evaluated, appraised and recognized by competent agencies according to the provisions of Clause 2, Article 7 of this Decree;
g)Having turnover from the production and trading of products formed from scientific and technological results, reaching a minimum rate of 30% of the total turnover.
h)Newly established enterprises under 5 years that meet the conditions specified at Points a and b, Clause 1 of this Article are certified as scientific and technological enterprises.
Thus, in addition to the conditions to establish a normal business, Decree No.13/2019/ND-CP stipulates that enterprises must ensure more specific conditions to be granted a certificate of science and technology.
On March 1st, 2019, the Ministry of Health issued Circular No. 01/2019/TT-BYT providing for day-time inpatient treatment at traditional medical examination and treatment facilities by the Minister of Health. International issued. This Circular takes effect from April 15th, 2019.Accordingly, Article 3, Circular No. 01/2019/TT-BYT specifically regulates the criteria for daytime inpatient treatment as follows:
The appointment of daytime inpatient treatment is decided by a doctor. Inpatient patients during the day are given daily clinical, subclinical visits or follow the appointment of the treating doctor and are entitled to inpatient, follow-up and care regimes during the daytime work.
Regulations on visits, medical examination and treatment activities play an important role in people’s life. The promulgation of Circular No. 09/2019/TT-BYT shows the concern and objectivity of state agencies that are responsible for ensuring fairness and equality in visits, medical examination and treatment activities.
On March 7th, 2019, Vietnam Social Insurance issued Official Letter No.679/BHXH-BT guiding the collection of compulsory social insurance for foreign citizens working in Vietnam effective on March 7th, 2019.
Accordingly, Official Letter No. 679/BHXH-BT has the following outstanding contents:
Thus, Official Letter No. 679/BHXH-BT has clearly defined the subjects of compulsory social insurance and the level of payment for foreign employee, ensuring consistency in the management of revenue sources of Social insurance fund.
On December 28th, 2018, the Ministry of Health issued Circular No. 47/2018/TT-BYT regulating the application of conditions on diplomas, certificates and professional practice to grant Traditional medicine certificates. The Circular takes effect from March 1st, 2019.
Accordingly, the Circular specifies Practice time for herb doctor to obtain certificates:
The promulgation of Circular No. 47/2018/TT-BYT regulates compulsory conditions for practitioners in the field of health to ensure the minimum criteria of subjects of wholesale Traditional medicine and the health safety for people.
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.
