On October 10, 2019, the Government issued Decree 77/2019 / ND-CP on the Cooperation Group replacing Decree 151/2007 / ND-CP and officially took effect on November 25, 2019. Decree 77/2019 / ND-CP stipulates the order and procedures for convening cooperative group member meetings and decisions of cooperative group member meetings as follows:
1. A meeting of a cooperative group member may decide the following matters:
a) Approve the operation results of the cooperative group;
b) Plan for distribution of yields, profits, handling of losses and financial matters of the cooperative group;
c) Business plan in the near future;
d) Handling common property of cooperative group members;
d) Elect, dismiss and remove the leader, the executive board, if necessary;
e) Terminate membership as prescribed at Points d and dd, Clause 1, Article 11 of this Decree;
g) Amend and supplement cooperation contracts;
h) Remuneration, bonuses of the leader, members of the executive board (if any);
i) Other contents proposed by the team leader, executive board or more than thirty-three percent (33%) of the total number of members of the cooperative group;
k) Other cases as provided in the cooperation contract.
2. Order of convening a cooperative group member meeting
In case the cooperation contract does not specify, the order of convening a meeting of cooperative group members is as follows:
a) The leader of the cooperative group (or the person authorized by members of the cooperative group) convenes the member meeting on behalf of the cooperative group. In case of necessity, representatives of more than thirty-three percent (33%) of the total number of cooperative members may request the leader of the cooperative group (or the person authorized by the cooperative group members) to convene. a meeting of members, unless otherwise prescribed by cooperation contracts and relevant laws;
b) A cooperative group member meeting is held when more than seventy five percent (75%) of the total number of cooperative group members attend, in case of insufficient number of attending members, the cooperative group meeting must be postponed. and convene the second cooperative group meeting within 15 working days, from the expected date of the first cooperative group meeting. The second cooperative group meeting must be attended by at least more than fifty percent (50%) of the total number of cooperative group members;
c) Minutes of the meeting of members of the cooperative group must be made in writing and signed by the representative of the members participating in the meeting, specifying the percentage (%) of the number of members agreeing;
d) Within 05 days from the day on which the meeting is organized, the leader of the cooperative group (or the person authorized by the members of the cooperative group) shall notify all members of the cooperative group to the contents of the meeting of general members. cooperation, unless otherwise prescribed by the cooperation contract and relevant laws.
On November 7, 2019, the Minister of Transport issued Circular 43/2019 / TT-BGTVT amending Circular 17/2017 / TBGTVT providing conditions for foreign crewmen to work on Vietnamese seagoing ships. Male. This Circular takes effect from August 1, 2020.
Accordingly, the supplementary Circular stipulates that foreign crewmen working on Vietnamese ships must meet the following conditions:
– Having enough crew health standards and ensuring working age according to the provisions of Vietnamese labor law;
– Having a work permit or written certification not to be subject to a work permit issued by the Employment Department of the Ministry of Labor, War Invalids and Social Affairs, Departments of Labor, War Invalids and Social Affairs;
– Have a seafarer labor contract in accordance with Vietnamese law and comply with the Maritime Labor Convention 2006 of the International Labor Organization. The crew employment contract must be in accordance with the work permit or written confirmation of not belonging to the work permit;
– Having a valid passport for at least 6 months, granted by a competent agency of the country of which the seafarer holds the nationality.
Compared to the current legal documents, Circular 43/2019 / TT-BGTVT has amended and supplemented some new conditions, such as: For cases not subject to issuance of work permits, there must be documents. confirmation issued by the Department of Employment, Ministry of Labor, War Invalids and Social Affairs; Supplementing the conditions on the time limit of Passport must remain valid for at least 06 months by the competent authority of the country of which the seafarer is a citizen; At the same time, the crew members have experience of minimum sea travel time of 36 months.
In addition, seafarers must have adequate professional certificates issued by a Vietnamese competent authority or a competent authority of a country or territory that has been signed an agreement on the recognition of a professional certificate by Vietnam. In case a professional certificate is issued by a competent agency of a country or territory that has been signed an agreement on recognition of a professional certificate by Vietnam according to rules II / 1, II / 2, II / 3, II / 4, II / 5, III / 1, III / 2, III / 3, III / 4, III / 5, III / 6, III / 7, IV / 2, V / 1-1, V / 1-2’s The STCW Convention is required to have a Certificate of Professional Qualification.
Circular 43/2019 / TT-BGTVT has more stringent and detailed regulations on conditions for foreign crewmen working on Vietnamese ships compared to current legal documents.
On September 23, 2019, the Government issued Decree No. 74/2019 / ND-CP providing for amendments and supplements to a number of articles of Decree No. 61/2015 / ND-CP dated July 9, 2015 of The Government provides regulations on employment support policies and the National Fund for Employment takes effect from November 8, 2019.
According to Article 24 of Decree No. 74/2019 / ND-CP:
“Article 24. Loan size
1. For production and business establishments, the maximum loan level is VND 2 billion / project and not exceeding VND 100 million for 01 employee to create jobs, maintain and expand jobs.
2. For laborers, the maximum loan amount is VND 100 million.
3. The specific loan level shall be considered by the Social Policy Bank on the basis of the capital source, production and business cycle, and the debt repayment capacity of the borrower in order to reach agreement with the borrower. ”
Accordingly, compared with Decree No. 61/2015 / ND-CP, the maximum loan amount for production and business establishments has doubled to VND 2 billion / project and not exceeding VND 100 million for 01. Employees are allowed to create, maintain and expand jobs. In addition, the maximum loan for employees has doubled to VND 100 million.
The increase in the maximum loan limit contributes to the production and business establishments and workers have access to the capital support from the state, creating motivation for increasing economic development.
Circular No. 06/2019 / TT-BXD (“Circular”) issued by the Minister of Construction will take effect from January 1, 2020. The content of the Circular aims to amend and supplement a number of articles of “Circulars related to apartment building management and use promulgated by the Minister of Construction”. Accordingly, a lot of new content is amended and supplemented. However, this article only focuses on some highlights which are amended and supplemented against the Regulation on management and use of apartment buildings issued together with Circular No. 02/2016 / TT-BXD dated February 15, 2016. . As follows:
1. Scope of regulation of Condominium Management and Use:
Expanding the scope of adjustment: adding 1 type of “Condominium to be used as official residences”.
2. Condominium management and use principles: 02 new points
Firstly, the regulations are more open and more democratic. Previously, the provisions on management and use of apartment buildings must comply with the rules on management and use of each apartment building, regulations of law on housing, this Regulation and relevant laws. Now, the management and use of condominiums are made on the basis of voluntary commitments and agreements between the parties provided that they are not contrary to the law on housing, relevant laws and social ethics. support and acknowledge.
Second, adding a principle that shows progress in thinking of state administrative agencies in management activities. Specifically: Supplementing the principles to encourage investors, management boards, operation management units, owners and occupants to apply science and technology and information technology in the management process. , use and operate apartment buildings.
3. Making, handing over and archiving documents of apartment buildings
Previously, only the responsibility of the apartment building management board had to provide a dossier that was handed over by the investor to the operation management unit without stipulating the responsibility of handing over. Now the new Circular has added the responsibility of the operational management unit that when the condominium operation management is no longer “must” be handed over to the Management Board, avoiding the situation of improper cooperating and not handing over apartment building documents.
4. Conditions for organizing the first apartment building meeting: Change 02 main contents:
First: The conference of the apartment building must be held within 12 months from the date the apartment building is handed over and put into use and at least 50% of the apartments have been handed over to the buyer. , hire purchase. However, the new rule has “excluded” the apartments that investors retain, not sold or not yet sold or leased. Previously, these apartments were still calculated to determine the rate for considering the first apartment building meeting.
Second: The apartment complex’s conference is held when at least 50% of the apartments of each building in the cluster have been handed over to the buyer, lessee and there are at least 50% of the owner representatives. households of each building which have been handed over and put into use, agree to enter the building into the apartment complex. Previously, the required rate of representatives of apartment owners of each building that was handed over and put into use and agreed to import the building into apartment complexes was 75% higher.
5. Conditions on the number of people attending the first apartment building meeting
Previously, the regulations on convening the first meeting which did not reach the required attendance rate will organize the second meeting with a lower rate. According to the new regulation, the second convening has been abolished, instead, if the convening is not enough, then within 07 working days, from the date of holding the meeting as stated in the notice inviting the meeting, the owner The investor or the owner of the apartment building has the right to request the commune-level People’s Committee to organize the apartment building meeting.
Thus, with the new contents in Circular 06/2019 / TT-BXD will contribute to supporting the management and use of apartment buildings become more practical, more effective, and at the same time improve the autonomy, democracy of the condominium than previous regulations. In addition, these regulations also show the progress in thinking of state administrative agencies in encouraging and promoting the application of science, technology and information technology in the process of management and use. , condominium operation as a fundamental principle.
On November 12, 2019, the Government issued Decree No. 82/2019 / ND-CP stipulating the import and dismantlement of used ships. Accordingly, this Decree specifies the entities permitted to import used ships for dismantlement; Used seagoing ships are allowed to be imported for demolition. As follows:
Firstly, regarding the subjects allowed to import used seagoing ships for dismantlement: The Decree specifies that the enterprises importing used seagoing ships for dismantlement must meet the following conditions:
– Being a Vietnamese enterprise wholly owned by Vietnamese organizations and individuals;
– Being the owner, manager or operator of a ship demolition establishment that has been put into operation in accordance with law.
Enterprises importing or dismantling used seagoing ships must buy insurance and fulfill the obligations of insurance for liability for environmental damage related to the import and dismantlement of used seagoing ships. Use as prescribed.
Secondly, used seagoing ships are allowed to be imported for demolition: Used seagoing ships with hulls of non-metallic materials are allowed to be imported for dismantlement, including:
– Dry cargo ships, including: general goods, bulk cargoes, equipment goods, wood chips, timber, cereals, bagged goods, iron and steel goods;
– Container ship;
– Ore tanker;
– Liquid cargo vessels, including: crude oil, product oil, vegetable oil;
– Gas and liquefied gas tankers;
– Ro-Ro ship, passenger ship, barge, sea ferry.
In particular, the above types of ships must meet the following conditions:
+ The ship owner has a written certification and is responsible for the commitment that the ship is not in the state of mortgage or maritime claim;
+ Do not convert, upgrade, change the purpose and not transfer, buy, resell.
Used ships imported for demolition must be brought into the demolition establishment within 30 days after completing customs procedures but not exceeding 90 days after the ship arrives at Vietnam’s first seaport. Male; The time for demolition of a ship must not exceed 180 days from the date of commencement of demolition. The dismantlement of used ship shall be carried out only at the ship demolition facility that has been put into operation as prescribed.
Decree No. 82/2019 / ND-CP takes effect from December 30, 2019. The effective Decree 82 opens up new directions and removes difficulties for Vietnam’s shipbuilding industry in general and for used ship breaking business in particular. Enterprises which import or dismantle used seagoing ships must ensure maritime safety, maritime security, labor safety, fire and explosion prevention and fighting; protect human health and the environment.
On November 8, 2019, the Ministry of Industry and Trade issued Circular No. 21/2019 stipulating rules of origin of goods in the ASEAN – Hong Kong Free Trade Agreement, China. The circular takes effect on December 23, 2019.
Accordingly, this Circular is not allowed to erase or write to the C / O AHK form, but all amendments must be done in either of the following two ways:
1. Cross out the wrong place and add necessary information. These changes must be approved by the person competent to sign the C / O form of AHK and certified by the agency / organization issuing the C / O. The remaining space must be crossed out to avoid adding;
2. Issuing C / O of new AHK form replaces the old C / O.
In particular, the AHK form C / O is used to enjoy preferential tariffs, goods, including: 01 originals submitted to the customs authorities of the importing member country and 02 copies for the exporting member country and Exporter saved. C / O of AHK form must meet the following conditions: Being a paper copy; Bring a unique reference number of each C / O issuing agency or organization; Claimed in English; Having signature of competent person and seal of agency / organization issuing C / O. This form of signature and seal may be applied electronically. In particular, the declarant can declare multiple goods that meet the rules of origin on the same 01 C / O AHK form.
The new guidance of the Circular has removed obstacles when making mistakes in declaring the origin of goods in import and export activities.
On 30 September 2019, Ministry of Trade and Industry issued Circular No. 19/2019/TT-BCT on application of special safeguard measures to implement Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This Circular comes into effect from 14 November 2019.
Accordingly, the Circular reflects many notable regulations as follows:
1. Definition of “transition period”
– Transition period is the 3-year period starting from the effective date of CPTPP in relation to one particular goods. Where the tariff elimination for the goods occurs over longer period, such longer period is transition period.
– In relation to textiles, transition period starts from the effective date of CTPP until 5 years after the date on which Vietnam eliminates tariff on textiles for the exporting Party according to CPTPP.
2. Transition safeguard measures include:
– Suspensions of further duties reduction according to CPTPP applied for investigated goods.
– Increase of duties for such goods to an extent not exceding the lesser of preferrential tariff rate at the time of applying this measure or preferrential tariff rate preceding the effective date of CPTPP.
3. Transition safeguard measures durion
– Transition safeguard measures do not exceed 02 years. This period can be extended for a further 01 year if investigating agency determines that the transition safeguard measures should be continued to prevent from or remedy serious damage, and to facilicitate any change of domestic industry.
– Where the duration of a transitional safeguard measure is over 01 year, it must be progressively liberalized at regular intervals during the period of application.
On September 30, 2019, the Ministry of Finance issued Circular 68/2019 / TT-BTC guiding the implementation of Decree 119/2018 / ND-CP providing for electronic invoices when selling goods and providing services. Circular 68/2019 / TT-BTC takes effect from November 14, 2019.
Accordingly, at Point dd, Clause 1, Article 3, digital signatures (CKS), electronic signatures of sellers and buyers on e-invoices are prescribed as follows:
– In case the seller is an enterprise or organization, the seller’s CKS on the invoice is CKS of the enterprise or organization; In case the seller is an individual, use an individual’s CKS or an authorized person.
– In case the purchaser is a business establishment and the buyer and seller agree upon the purchaser’s satisfaction of the technical conditions for digital signature and signing on the electronic invoice made by the seller, the buyer shall sign Numbers, digitally sign on invoices.
– In case of electronic invoices do not necessarily have CKS, electronic signatures of the seller and the buyer comply with Clause 3 Article 3 of this Circular.
The promulgation of Circular No. 68/2019 / TT-BTC aims to guide businesses who are declaring in the form of electronic invoices, and ensure this activity is carried out properly and consistently.
On August 26, 2019, the Ministry of Finance issued Circular No. 57/2019 / TT-BTC guiding the mechanism of handling credit risks of credit guarantee funds for small and medium-sized enterprises. Accordingly, this Circular takes effect from October 15, 2019.
According to Article 13, Circular 57/2019 / TT-BTC stipulating the handling of security assets, credit guarantee funds are allowed to handle security assets to recover debts when:
Subject to consider:
⦁ Customers suffer financial losses, properties caused by natural disasters, crop failure, epidemics, fires, political risks, wars affecting production and business activities, leading to customers not paying get debt (principal and interest) on time according to the signed debt acceptance contract;
⦁ Bankruptcy of customers in accordance with current laws.
⦁ Nước The State changes the policy affecting customers’ production and business activities, leading to customers being unable to pay their debts (principals and interests) on time according to the signed debt acceptance contracts.
⦁ Customers are at risk due to other objective reasons directly affecting the production and business activities, leading to customers being unable to pay debts (principals, interests) on time according to the signed debt acceptance contracts.
⦁ Customers have bad debts (from group 3 to group 5) according to the debt classification results as prescribed;
⦁ Under an agreement between the credit guarantee fund and the customer in the compulsory debt acceptance contract and the guarantor of the signed compulsory debt security contract (if any).
Debts of customers that have been restructured, frozen, or written off, or have not yet been restructured, frozen, or written off, but the Credit Guarantee Fund has appraised and assessed if debt restructuring is applied. frozen debt, write off debt interest, the customer also can not repay the principal to the Credit Guarantee Fund as committed.
The difference between the proceeds from the disposal of security properties and the book value of debts shall be handled as follows (after subtracting expenses prescribed by law):
⦁ In case the proceeds from the handling of collateral are higher than the book value of the debt: The credit guarantee fund shall handle the balance as agreed upon between the credit guarantee fund and its customers at The compulsory debt acknowledgment contract and the guarantor at the signed compulsory debt acceptance contract (if any);
⦁ In case the proceeds from the handling of security assets are lower than the book value of debts: The credit guarantee fund shall continue to monitor and recover the remaining debts (principal and interest). follow the prescribed regime or consider applying other risk handling measures as prescribed in this Circular.
Therefore, with the promulgation of the Circular No. 57/2019 / TT-BTC above, the Government, as well as the Ministry of Finance, have further improved the system of legal regulations in supporting small and medium-sized enterprises. access to capital, realize commitments to support small and medium enterprises.
