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 July 16, 2018, the Prime Minister issued Decree No.100/2018/ND-CP amending, supplementing and abolishing a number of regulations on business and investment conditions in the fields of state management of the Ministry of Construction. This Decree took effect since September 15, 2018.
One of the most notable changes in Decree No.100/2018/ND-CP amending and supplementing Decree No.59/2015/ND-CP is about the construction practice certificatesas follows:
1. Allowing individuals without practicing certificates to participate in construction activities in the fields suitable to the specialized training.
2. To tighten the provisions on general conditions for the grant of construction practice certificates, specifically:
– Grade II: Having university degrees in the relevant majors, having experience in participating in the work with the contents of application for certificates for 04 years or more;
– Grade III: Having appropriate professional qualifications, having experience in participating in the work with the contents of application for a practicing certificate for 02 years or more for individuals with university degrees; for 03 years or more for individuals with college or intermediate degrees.
Thus, it can be seen that Decree No.100/2018/ND-CP has tightened the regulations on the granting of construction practice certificate to individuals who play a key role in the construction to ensure that the works are built in accordance with the provisions of law.
On June 29, 2018 Supreme People’s Procuratorate issued Decision No.304/QD/VKSNDTC regulating the process of settling the compensation claim of the State in criminal proceedings under responsibility of People’s Procuracy. This decision took effect since July 01, 2018.
Accordingly, with compensation claim content in criminal proceedings under the Procuracy responsibility, Decision No.304/QD-VKSTC provides on component dossier include:
1. Written compensation claim;
2. The judgment or decision has taken legal effect;
3. Documents evidencing identity of the damaged person include one of the following papers: Identity card, citizen identification, passport, household registration book, birth certificate, written certification by the commune People’s Committee of the locality where the damaged person resides or the certification by the agency or organization where the damaged person works in;
4. Documents evidencing the identity of the claimant and proof of his/her status as the representative or heir of the damaged person in cases where the damage sufferer does not directly request the indemnity;
5. Proving documents the actual damages that is compensation claimed and other relevant documents.
Provide detailed guidance on the composition of the dossier, Decision No.304/QD-VKSTC has created favorable conditions for the victims to well implement the right to compensation, at the same time, this is also the basis for the People’s Procuracy at all levels to solve problems arising in practical implementation, from then on, the claims for the victims in the criminal proceedings will be settled.
On June 12, 2018, National Assembly passed Law No.25/2018/QH14 on denunciation. Law of Denunciation in 2018 will take effect from 01/01/2019.
Accordingly, Law on Denunciation 2018 provides on protection of the denouncers as follows:
1. Protection of denunciators is protection of denunciators’ information confidentiality; Protection of their position, job, life, health, assets, honor, dignity (collectively referred to as the protected person). Denunciators are protected their private information, except they disclose themselves.
2. Denunciation solver have responsible for protecting information confidentiality, position, job of protected person that under their management right and other protection content if under their authority. In cases. There they fall beyond their competence, request competent agencies, organizations or individuals to apply protective measures. Agencies receiving and verifying contents of denunciations shall have to protect the information of denunciators.
3. Protection measures are applied as follows:
– Protection of confidentiality of information: Keep confidential full names, addresses, autographs and other personal information of denunciators in the process of exploiting and using information and documents supplied by the denunciators; arranging time and place, select appropriate working methods to protect the information of denunciators when directly working with the the denounced persons, concerned agencies, organizations and individuals.
– Method of protecting denunciators’ position, job: Temporarily suspending or partially or wholly annulling the decision on discipline handling or other decisions infringing upon protected person’s rights and legitimate interests. Restoring the protected person’s working position, job, incomes and other legitimate interests from employment. Arrange other work for the protected person if they agree to avoid being stigmatized or discriminated against.
– Method of protection of denunciators’ lives, health, property, honor, dignity and prestige: taking the protected person to safe place; Request the person who commit acts of infringing upon to the protected person’s life, health, assets, honor, dignity to stop the violation.
Therefore, it can be seen that Law on Denunciation 2018 established clear mechanisms for protecting denunciators, this encourages citizens to exercise their right to denounce and contribute to the protection of the interests of the State, rights and legitimate interests of agencies, organizations and individuals and raise the effectiveness and efficiency of state management activities and stabilize the country’s socio-economic situation.
On May 15, 2018, the Judges’ Council of the Supreme People’s Court issued Resolution No.03/2018/NQ-HDTP guiding the application of a number of provisions of law on settlement of disputes on the handling of bad debts of collateral assets of bad debts in court. This Resolution took effect since July 01, 2018.
One of the prominent features of Resolution No.03/2018 / NQ-HDTP is the regulation on the authorization and re-authorization of individuals and legal persons in initiating lawsuits or taking part in legal proceedings in disputes over the handling of bad debts and security assets of bad debts. Specifically:
1. Individuals are entitled to authorize legal persons or other individuals to participate in legal proceedings at competent courts to settle disputes over the handling of bad debts and security assets of bad debts.
2. Legal persons have the right to authorize legal persons or other individuals to initiate lawsuits or participate in court proceedings at competent courts for settlement of disputes on the handling of bad debts or security assets of bad debts.
3. Individuals or legal persons authorized to re-authorize other legal persons or individuals to participate in legal proceedings if the authorizing party agrees in writing.
In resolving disputes on the handling of bad debts and security assets of bad debts, if the authorization contracts are established before January 1, 2017 between organizations, individuals which have not yet been or are being implemented with content and form in accordance with the provisions of the Civil Code in 2015 and at the time the court accepts the case, there is no dispute about the authorization contract, the court recognized the validity of the authorization contract without requiring the parties to re-establish.
With detailed and specific regulations, Resolution No.03/2018/NQ-HDTP has helped to reduce difficulties and obstacles in the practice of resolving disputes over the handling of bad debts and security assets of bad debts, thereby enabling credit institutions to shorten litigation procedures, save costs, ensure the handling of bad debts, and handle the security assets of bad debts effectively.
On July 13, 2018, State Securities Committee issued Document No.4350/UBCK-PTTT on accepting to adjust to increase the initial margin ratio of the future contract index VN 30 (is a price index of 30 companies listed on the Ho Chi Minh Stock Exchange with the highest market capitalization and liquidity, meeting the criteria of screening). This Document took effect since July 18, 2018.
Accordingly, the State Securities Committee accepted request of Securities Depository Center on adjusting the minimum initial margin ratio for goods of the future contract index VN 30 from 10% to 13%. With the new deposit rate announced, the Clearing Member will have to review and recalculate the collateral value on each investor account to request additional payment if necessary.
Before Document No.4350/UBCK-PTTT took effect, Securities Depository Center applied the minimum initial margin ratio for products of future contract index VN30 are 10%. Accordingly, before conducting a transaction, Clearing Members must submit to the Securities Depository at least 10% of the trading value for open positions in the Clearing Member’s name (including the transaction of the investor).
Therefore, compare with previous documents, it can be seen that, the State Securities Commission tends to tighten margin for futures contract products, however, according to according to the assessment, the current increase is not too high and there is no pressure to pay additional margin for investors.
On July 12, 2018, the Ministry of Information and Communication issued Decision No.1164/QD-BTTTT on the regulation of providing information to citizens. This Decision took effect from the date of its promulgation.
Accordingly, the Decision No.1164/QD-BTTTT contains the following new noteworthy points:
1. On the division of responsibilities
– The Minister is in charge of providing general information to citizens in the field of direct responsibility, the Deputy Ministers shall provide guidance for the provision of information to citizens in the assigned fields.
– The Office of the Ministry is the focal point for receiving information and information delivery requests, the Information Center is responsible for ensuring technical conditions and updating the information at Section on access to information on the Portal of Ministry of Information and Communications.
2. On information disclosure
– For information to be disclosed in accordance with regulations, the units responsible for information creation shall be responsible for reviewing and checking the confidentiality of information and for eliminating unauthorized citizen information, information citizens have access to conditions before publicity.
– The units under the Ministry are responsible for coordinating with the Ministry Office and the Information Center to publish the electronic version in the column on access to information on the Information Portal of the Ministry of Information and Communication. Where the information is published in other categories on the electronic portal, the list of public information must include the information access path.
3. Providing information as required
– The Ministry’s Office shall receive the request for information directly at the Ministry of Information and Communications. Where the information on the request form is not specific and clear, the Ministry’s Office shall guide the applicant to supply additional information according to regulations.
– The Ministry’s Office shall update the request for supply of information in the monitoring book to supply information on request and make a receipt card for information supply, clearly stating the time limit for settling the request for supply of information is 10 working days.
Through detailed and specific regulations on the provision of information to citizens, Decision No.1164/QD-BTTTT was assessed to ensure the right of people to have access to information and at the same time contribute to strengthening the control and management of competent state agencies in the provision of information to citizens.
On July 17, 2018 General Department of Customs issued Document No.4202/TCHQ-PC to guide on management of imported scraps from aboard into Vietnam.
Accordingly, Document No.4202/TCHQ-PC guiding the disposal of commodities that are used scraps, used goods is characterized as follows:
1. The Customs Department reviews and informs enterprises / shipping companies/ shipping agent to work together to identify the owner, classification by type, quantity, volume, composition, nature, time and place of storage.
2. Collecting, analyzing information, investigating, verifying, actively checking the absence of customs declarers with the goods have signs of violation and show signs of taking advantage of the import scraps materials in order to commit acts of smuggling or illegally transporting goods across borders.
3. Base on the result of above activities, the backlog of goods is handled as follows:
a) Goods are waste, hazardous waste
– In cases that are identified as material evidences of criminal cases, they shall be handled according to the provisions of the criminal procedure legislation:
– In cases that determined not to be material evidences of criminal cases, they shall be administratively sanctioned according to regulations and must be taken out of the Vietnamese territory.
b) Goods are scrap material:
– Goods consignees are enterprises that have Certificate of eligibility for environmental protection in importing scrap materials for production materials: To urge the consignees to carry out the customs procedures according to regulations;
– Goods consignees are enterprises that do not have Certificate of eligibility for environmental protection in importing scraps materials for production materials: Request the shipping company/shipping agent to inform the consignee of the ineligibility to carry out the import procedures and take them out of the Vietnamese territory.
– In cases there are no national technical standards on environment; Request the shipping company/shipping agent to inform the consignee that the customs office has no basis to consider the customs clearance and must remove from the territory of Vietnam.
4. Disposal of goods which are backlog scrap material as follows:
– With commodities that are backlog scrap material at the port but not yet and being handle, the process shall be conduct in accordance with steps 1, 2 and 3 as above.
– With commodities that are backlog scrap material at the port which completed the handling, they shall be reported to the General Department of Customs (via the Customs Supervision and Management Department) contents, results of processing each specific shipment.
The guidance in Document No.4202/TCHQ-PC is considered to be effective and timely guidance of the General Department of Customs in the current context, when importing and trading scrap materials have a tendency to increase sharply and complicatedly, there are many risks of polluting the environment and causing public annoyance.
On July 06, 2108, the Prime Minister issued Decision No.27/2018/QD-TTg on the system of economic sectors in Vietnam. This decision takes effect from August 20, 2018.
Accordingly, the Decision No.27/2018/QD-TTg has added many new industries in the system of economic sectors of Vietnam, specifically listed in the list of economic sectors of Vietnam including 5 levels as follows:
1. The sector level 1 include 21 sectors which are encoded in alphabetical order from A to U;
2. The sector level 2 consist of 88 sectors; each sector is encoded in two numbers according to corresponding sector level 1;
3. The sector level 3 consist of 242 sectors; each sector is encoded in three numbers according to corresponding sector level 2.
4. The sector level 4 consist of 486 sectors (increase 49 sectors); each sector is encoded in four numbers according to corresponding sector level 3;
5. The sector level 5 consist of 734 sectors (increase 92 sectors); each sector is encoded in five numbers according to corresponding sector level 4.
Decision No.27/2018/QD-TTg will replace Decision No.10/2007/QD-TT when it takes effect. The increase in the number of sectors and details of sectors in the economic sector of Vietnam to meet the trend of diversification of business lines in practice, it contributes to solving the situation of no suitable professions in the Vietnamese economic branch system when registering business lines of enterprises.
On July 13, 2018, the Prime Minister issued Directive No.20/CT-TTg on restructure inspection and examination activities for enterprises in order to improve the business environment, enhance national competitiveness. This Directive took effect from the date of its promulgation.
Accordingly, the Prime Minister has issued a directive on the plan to reduce and simplify business conditions as follows:
1. Ministers and heads of ministerial-level agencies shall thoroughly grasp the reform of specialized inspection activities and reduce the business conditions as one of important solutions to accelerate the growth and release of social resources;
2. Prior to August 15, 2018, Ministries and branches must complete promulgation according to their competence and submit to competent authorities documents to implement the plan on reform of specialized inspection activities, the reduction and simplification of business conditions;
3. Ministries and ministerial-level agencies in the course of formulating projects, draft legal documents shall prescribe the administrative procedures, business conditions and the list of inspected goods and/or products have to ensure clearly, do not create barriers to enter the market, do not generate costs for businesses
It can be seen that Directive No.20/CT-TTg has shown the determination of the State in seriously grasping the implementation of the reduction and simplification of business conditions in order to create favorable conditions for business, create competitive advantage for the country.
