On May 13, 2019, the Government issued Decree No. 40/2019 / ND-CP stipulating amendments and supplements to a number of articles of decrees detailing and guiding the implementation of environmental protection laws. effective July 1, 2019.
Accordingly, Decree No. 40/2019 / ND-CP has the outstanding contents of regulations on the implementation of periodic environmental monitoring of production, business, service and industrial zones as follows:
Subjects to periodic wastewater monitoring include:
• Establishments, industrial parks and projects that have been put into operation with scale and capacity equivalent to those required to make environmental impact assessment reports and have a total volume of wastewater discharged into the environment;
• Establishments and projects have been put into operation, with capacity scale equivalent to those who have to register for environmental protection plans and have a total volume of wastewater discharged into the environment;
• The above mentioned facilities connect wastewater into the centralized wastewater treatment system of the industrial zone to perform periodic wastewater monitoring in accordance with the regulations of the investor of construction and business of industrial park infrastructure. .
Subjects to periodically monitor emissions include:
• Establishments, industrial parks and projects that have been put into operation with scale and capacity equivalent to those required to make environmental impact assessment reports and have a total volume of wastewater discharged into the environment;
• Establishments and projects have been put into operation, with the same capacity scale as those who have to register for environmental protection plans and have a total volume of wastewater discharged into the environment.
Subjects must identify sludge and solid waste containing hazardous components of type 1 to manage according to hazardous waste management regulations.
Thus, Decree No. 40/2019 / ND-CP has detailed regulations on subjects that must perform periodic environmental monitoring to ensure compliance with the laws of production, business and service establishments. and an industrial park aimed at sustainable economic development.
On June 7, 2019, the Government issued Decree No. 50/2019 / ND-CP stipulating the issuance of practice certificates for practitioners of medical examination and treatment, and operating licenses for establishments. Medical examination and treatment in the army, Decree No. 50/2019 / ND-CP takes effect from 24/7/2019
Accordingly, Decree No. 50/2019 / ND-CP stipulates the issuance of practicing certificates for medical examination and treatment practitioners as follows:
The granting of practice certificates applies to the following cases: First-time practice certificates; grant of adjustment of practice certificates; Re-grant practice certificates. The re-issuance of practice certificates applies to the following cases: Practicing certificates are lost or damaged; eligible for re-issuance of practicing certificates revoked under the provisions of Clause 1, Article 29 of the Law on Examination and Treatment;
Issuance of adjustment of practice certificates applies to the following cases: Supplementing the scope of professional activities in practice certificates; supplementing professional techniques in practice certificates; change the scope of professional activities in the practice certificate; change personal information and certificate diplomas in practice certificates.
Each practitioner is granted only one valid practice certificate nationwide.
Practicing certificates of officers, professional military personnel, workers, civil servants and civil servants in the payroll according to the regulations of the Ministry of Defense managed by individuals; practice certificates of contract workers managed by medical examination and treatment establishments.
A practitioner is only responsible for one department of a medical examination and treatment facility
The Decree clearly stipulates the principle of practicing registration. Specifically, a practitioner can only register to be responsible for the technical and professional responsibilities of a medical examination and treatment facility under the Ministry of Defense.
A practitioner may only be in charge of one department of a medical examination and treatment facility under the Ministry of Defense, not concurrently in charge of two or more departments in the same medical examination and treatment facility or at the same time in charge of faculties of other medical examination and treatment facilities under the Ministry of Defense.
Practitioners who are responsible for technical and professional care of the medical examination and treatment facility under the Ministry of Defense can concurrently take charge of one department within the same medical examination and treatment facility and must be suitable to the scope of activities. expertise in practice certificates has been granted.
Practitioners at the medical examination and treatment facility under the Ministry of Defense are allowed to register for overtime practice and be responsible for the technical and professional responsibilities of an overtime medical examination and treatment facility not belonging to the Ministry of Defense.
Practitioners are registered to practice at one or more health care facilities not belonging to the Ministry of Defense but are not allowed to register for practice at the same time at different medical examination and treatment facilities and at the same time. overtime work done in accordance with the Labor Code. Practitioners must ensure reasonable travel time between registered practice locations.
Practitioners at the medical examination and treatment facility under the Ministry of Defense are not allowed to register as heads of private hospitals or health care facilities established and operating under the Law on Enterprises and Law commune.
Thus, Decree No. 50/2019 / ND-CP has very strict regulations on the principles of practicing registration of medical examination and treatment practitioners. This provision creates a legal framework to ensure that registration activities are effective and practical in practice.
On June 24, 2019, the Prime Minister issued Decree No. 56/2019 / ND-CP detailing the implementation of a number of articles related to the transport sector in the amended and supplemented law. Number of articles of 37 laws related to planning. This Decree takes effect from June 24, 2019.
Some notable contents in the decree:
Detailed regulations on the formulation, appraisal, approval, publication, implementation, evaluation and adjustment of technical and specialized plannings specified in Clause 2, Article 1 and Clause 6, Article 2 , Clause 10, Article 2, Clause 2, Article 3 of the Law on Amendment and Supplement to a number of articles of 37 laws related to planning.
The Decree applies to agencies, organizations and individuals involved in making, appraising, approving, announcing, organizing the implementation, evaluation and adjustment related to technical and specialized planning. industry in the transport sector.
The comments of the ministries, branches, provincial People’s Committees and related organizations on the planning are carried out as follows: planning organizers send dossiers for comments on planning including normative reports. planning, maps showing planning contents; the consulted agencies shall have to reply in writing within 15 days, counting from the date of receiving the dossiers on comments on plannings; The planning agency shall synthesize comments and explain and receive opinions and report to the organizing agency to make a planning review before submitting the planning evaluation.
Approved transportation plans have scope and scale equivalent to those of technical and specialized nature under the provisions of this Decree, adjusted until the regulations Technical and specialized plans are elaborated, appraised and approved according to the provisions of this Decree. Transport and technical plannings with technical and specialized characteristics shall be elaborated, appraised and approved according to the provisions of this Decree.
In summary, the promulgation of Decree No. 56/2019 / ND-CP has implications in ensuring the development orientation in the transport sector, contributing to the socio-economic development.
On 28/05/2019, the Ministry of Finance issued Circular No. 30/2019 / TT-BTC guiding the registration, depository, listing, transaction and payment of government debt and bond instruments. guaranteed by the Government due to the Bank’s policy of issuing and local government bonds. The Circular takes effect from 15/07/2019.
Accordingly, trading members are forced to terminate membership if they fall in the following cases:
– No longer meet the criteria for trading members as prescribed by law;
– Serious violations or systematic violations of regulations on debt instrument trading members according to the regulations of the Stock Exchange;
– Dissolution, bankruptcy, suspension of operation or revocation of License upon establishment and operation; the organization has ceased to exist after consolidation, merger or division; organizations formed after merging, separating but not meeting the criteria for trading members in accordance with law …
In addition, trading members may also voluntarily apply for termination of membership and are accepted by the Stock Exchange.
The Circular has replaced the documents including: Circular No. 234/2012 / TT-BTC dated December 28, 2012l Circular No. 10/2017 / TT-BTC dated February 6, 2017; Circular No. 46/2017 / TT-BTC dated May 12, 2017.
On June 17, 2019, the Ministry of Finance issued Circular 36/2019 / TT-BTC guiding the operation of elective lottery business operations. Accordingly, this Circular takes effect from August 1, 2019.
Pursuant to Article 12 of Decree No. 30/2017 / ND-CP dated March 1, 2007, to act as lottery agents, organizations and individuals must ensure the following conditions:
a) Being a Vietnamese citizen permanently residing in Vietnam, having full civil act capacity; if it is an organization, it must be an economic organization established and operating legally in Vietnam;
b) There is a form of payment security as stipulated in Article 13 of this Decree to secure payment obligations for lottery business enterprises.
In addition, the following organizations and individuals are not allowed to act as elective lottery agents:
a) Officials and employees working at organizations join in operating the self-selected lottery system with the electronic lottery company (if any);
b) Spouse, father, adoptive father, mother, adoptive mother, children, adopted children, siblings, brothers and sisters of the individuals who hold the titles from the deputy heads of the professional sections and departments. or more of organizations participating in operating the self-selected lottery system with the electronic lottery company (if any);
c) Economic organizations have contributed capital of spouses, fathers, adoptive fathers, mothers, foster mothers, children, adopted children, siblings, brothers and sisters of individuals who hold titles. deputy heads of professional departments and sections of organizations participating in operating the self-selected lottery system with the electronic lottery company (if any);
At the same time, the following criteria must be met:
a) Having a stable business location, enough space, facilities and other necessary conditions to install the elective lottery ticket sale system;
There are qualified employees who are proficient in operating the elective lottery ticket system certified or certified by the electronic lottery company;
b) There is a written commitment to fully comply with the regulations of the electronic lottery company when becoming a elective lottery agent.
In summary, Circular 36/2019/TT-BTC of the Ministry of Finance will be a tight legal framework for individuals and organizations that intend to operate in this field to better understand the industries and things. lawsuits for business, ensuring compliance with the law and having the opportunity to seek profits in the future will grow more.
On 19/06/2019, the Government issued Decree 54/2019/ND-CP regulating karaoke service business, discotheque services effective from 01/09/2019.
This Decree stipulates the conditions and responsibilities of karaoke service establishments and discotheque services. Subjects conducting business activities must be enterprises or business households lawfully set up according to law provisions. The conditions on material foundations are strictly regulated by law, and for karaoke room business services, there must be a usage area of 20 m2 or more, excluding extra works; For disco service business, the dance hall must have an area of 80 m2 or more excluding extra works. Business establishments must ensure conditions for fire and explosion prevention and fighting and security and order. In particular, in this Decree, a new provision for the business establishments of these two types was added, “Do not put the door latch inside the dance hall / theater room or set the alarm device (except fire alarm devices) ”. In addition, because of the complex nature of discotheques business establishments, the location of the premises must be 200 m or more from schools, hospitals, religious and belief establishments, historical-cultural relics. . For types with sensitive and complex factors such as karaoke and discotheques, it is necessary to have stricter regulations on business conditions, tighter the activities of these establishments in order to ensure safety and disorder. social self.
Businesses and business households when doing karaoke service business must be responsible for ensuring images that are consistent with the lyrics shown on the screen (or similar form) and culture, morality and fine traditions of Ethnic Vietnam. Especially the operation time must be before 0am and must not operate from 0am to 8am. Discotheque service business establishments must not operate from 2 am to 8 am and do not provide services for people under 18 years old. Thus, compared to the current legal regulations, the new regulation has no exceptions to allow discos and karaoke rooms in tourist accommodation establishments to be ranked from 4 stars or more or higher class. operates after 12 pm but not more than 2 am. In addition, in the course of business, enterprises or business households must ensure compliance with the regulations on sound and sound in accordance with national technical regulations on noise; regulations on alcohol trading (if any); provisions of the law on tobacco harm prevention and control; comply with the law on environmental protection; hygiene and food safety; copyright; labor contracts; labor safety; insurrance; preventing and fighting against social evils and other relevant law provisions.
Decree 54/2019/ND-CP was issued to manage and control the business activities of these two types more closely, ensuring to meet the spiritual life needs of the majority of people, ensuring social order and safety.
On 28/05/2019, the Ministry of Finance issued Circular No. 30/2019 / TT-BTC guiding the registration, depository, listing, transaction and payment of government debt and bond instruments. guaranteed by the Government due to the Bank’s policy of issuing and local government bonds. The Circular takes effect from 15/07/2019.
Accordingly, trading members are forced to terminate membership if they fall in the following cases:
– No longer meet the criteria for trading members as prescribed by law;
– Serious violations or systematic violations of regulations on debt instrument trading members according to the regulations of the Stock Exchange;
– Dissolution, bankruptcy, suspension of operation or revocation of License upon establishment and operation; the organization has ceased to exist after consolidation, merger or division; organizations formed after merging, separating but not meeting the criteria for trading members in accordance with law …
In addition, trading members may also voluntarily apply for termination of membership and are accepted by the Stock Exchange.
The Circular has replaced the documents including: Circular No. 234/2012 / TT-BTC dated December 28, 2012l Circular No. 10/2017 / TT-BTC dated February 6, 2017; Circular No. 46/2017 / TT-BTC dated May 12, 2017.
On 13/06/2019, the National Assembly passed the revised Law on Tax Administration in 2019 and will officially take effect from 01/07/2020.
Accordingly, the amended Law on Tax Administration in 2019 has some outstanding new features affecting tax administration activities of Vietnamese tax authorities in the coming time, as follows:
1. Regulations on tax administration for e-commerce activities.
In the trend of e-commerce business activities are growing more and more widely, online business applications are increasingly popular in the learning and working life of the people, the construction and issuance of regulations Tax administration in this area is essential.
Although the provisions of the revised Law on Tax Administration are only guiding regulations, however, it serves as a foundation, a basis for the relevant ministries and agencies to issue detailing tax administration for e-commerce business activities
2. Extension of personal income tax settlement
According to the current provisions in Clause 2, Article 32 of the Law on Tax Administration 2006, the deadline for submission of tax finalization dossiers is the 90th day after the calendar year end date or the fiscal year for the yearly settlement dossiers. .
However, the new law allows individuals to apply for tax finalization within a period of 120 days from the end of the calendar year – extended by 1 month from the 120-day deadline from the end of the positive year. calendar – 1 month longer than the balance of the business.
3. Regulating the responsibility of providing information of commercial banks
In order for tax administration to take place effectively, the amended Tax Administration Law 2019 officially stipulates that commercial banks are responsible for providing transaction contents through accounts, account balances of taxpayers within the time limit. ten (10) working days from the date of receipt of the request for information from the tax administration agency;
Thus, the amended Law on Tax Administration in 2019 has contributed to facilitating the implementation of tax declarations by taxpayers, while expanding the scope of tax administration to e-commerce activities and fixing responsibilities providing information of commercial banks to create favorable conditions for tax administration activities to take place effectively, especially in the context of digital economy and international integration.
On 01/06/2019, the Ministry of Home Affairs issued Circular 06/2019 / TT-BNV on amending and supplementing a number of articles of Circular No. 11/2012 / TT-BNV dated December 17, 2012 of The Minister of the Interior shall stipulate the regime of statistical reporting and management of civil servant records.
Accordingly, Circular 06/2019 / TT-BNV made some important changes as follows:
Previously, in Circular 11/2012 / TT-BNV stipulates:
– If the civil servant information in the dossier components is inconsistent, then based on the original birth certificate, household registration book, insurance book and the Party member’s dossier (if the civil servant is a party member) to complete, supplement and agree with the original birth certificate.
– If the information in the dossier of civil servants (date, month, year of birth, full name, middle name) is not consistent between the components of the dossier, the original file shall be based on the first time when the public servant is available. recruiting into state agencies, organizations and units to determine, including information in the membership party profile.
From July 15, 2019, the correction of information in civil servant records is specified as follows:
– In case of the components of the dossier (the book of cadres, civil servants, birth certificates, social insurance books, diplomas and certificates), it is not based on the original birth certificate to complete and supplement and unify other components of the application according to this birth certificate.
– If there is no birth certificate, the book of cadres and civil servants’ records shall be set up when public employees are recruited for the first time to the State’s agencies, organizations or units for unification;
– Especially do not perform repairs, adjust the date, month and year of birth in the profile of civil servants who are members of the Communist Party of Vietnam. At this time, the determination of the date, month, year of birth (age) of civil servants according to the age of declaration in the profile of the party members (original records) when admitted to the Party.
Through this, it can be seen that the repair of information in civil servant documents is clearly defined and detailed in Circular 06/2019 / TT-BNV. Accordingly, contributing to solving problems of cadres and civil servants; civil servant management agency in case of needing to repair information data.
