On 24/05/2019, Ministry of Labor – Invalids and Social Affairs issued Circular 09/2019 / TT-BLDTBXH to annul legal documents issued by the Minister of Labor, War Invalids and Social Affairs. President issued. The Circular takes effect on August 1, 2019.
Accordingly, Circular 09/2019 / TT-BLĐTBXH repeals 06 documents on employment and the following occupational safety and hygiene:
(1) Circular 40/2009 / TT-BLDTBXH guiding how to calculate the number of regular employees according to the provisions of Decree No. 108/2006 / ND-CP dated September 22, 2006.
(2) Joint Circular 19/2005 / TTLT-BLĐTBXH-BTC-BKHĐT guiding the implementation of Decree No. 81 / CP of November 23, 1995 and Decree No. 116/2004 / ND-CP dated April 23, 2004 .
(3) Circular 27/2013 / TT-BLDTBXH regulating the training of occupational safety and labor hygiene.
(4) Circular 06/2014 / TT-BLDTBXH regulating technical inspection of occupational safety for machines, equipment and materials with strict requirements on labor safety.
(5) Circular 49/2015 / TT-BLDTBXH on promulgating the National Technical Regulation on occupational safety for metal fixed gas pipelines.
(6) Joint Circular 01/2007 / TTLT / BLĐTBXH-BCA-VKSNDTC on guiding coordination in dealing with fatal occupational accidents and other occupational accidents showing criminal signs.
The abolition of regulations aims to guide more up-to-date laws, enabling effective enforcement of law.
On 19/06/2019, the Government issued Decree No. 54/2019 / ND-CP regulating karaoke service and dance hall services. This Decree takes effect from September 1, 2019.
Decree No. 54/2019 / ND-CP has the following main contents:
1. Conditions of karaoke service business
– Being an enterprise or a household business established under the provisions of law;
– Ensuring the conditions for fire and security, security and order in accordance with the provisions of Decree 96/2016 / ND-CP dated July 1, 2016 of the Government regulating security and order conditions with a number of conditional business and investment sectors;
– The theater room must have an area of 20m2 or more, excluding the extra works;
– Do not place latches inside the theater room or set alarm devices (except explosive devices).
2. Conditions for discotheque service business
– Being an enterprise or a household business established under the provisions of law;
– Ensuring the conditions for fire and security, security and order in accordance with the provisions of Decree 96/2016 / ND-CP dated July 1, 2016 of the Government regulating security and order conditions with a number of conditional business and investment sectors;
– The disco room must have an area of 80m2 or more, excluding extra works;
– Do not place deadbolt inside the disco room or set alarm devices (except explosive devices);
– Business locations must be 200m or more from schools, hospitals, religious and belief establishments, historical and cultural relics.
3. Responsibilities of karaoke and discotheque service dealers
– Do not operate from 0h to 8am (for karaoke), do not operate from 2am to 8am (for dance halls, compared to the provisions of Decree 103/2009 / ND-CP Regulation of cultural activities) chemical business and public cultural services, the operating time of the dance hall increased by 2 hours, before Not being active after 12 pm to 8 am.
– Ensure images consistent with the lyrics shown on the screen or similar forms and culture, ethics, fine customs of the Vietnamese nation;
– Only use songs that are popular and circulated
– Complying with the provisions of the law on tobacco harm prevention and control
– Complying with legal regulations on environmental protection; food hygiene and safety, copyright; labor contracts, labor safety; insurance, social evils prevention and other relevant legal provisions.
– Complying with the provisions of Decree 105/2017 / ND-CP dated September 14, 2017 of the Government on alcohol trading.
– Do not provide disco services for people under 18 years old …
After December 1, enterprises and business households that have been granted permits for business conditions before the effective date of this Decree but fail to ensure new business conditions must terminate their operation.
Decree No. 54/2019 / ND-CP was issued to enhance the effectiveness of state management of karaoke and dance business through regulations in the direction of tightening the conditions of fire prevention and fighting …
On 13/6/2019, the Government issued Decree No. 51/2019/ND-CP stipulating penalties for administrative violations in scientific and technological activities and technology transfer effective August 1, 2019.
Accordingly, Decree No. 51/2019/ND-CP has the following outstanding contents:
– For each act of administrative violation in scientific and technological activities, technology transfer, individuals and organizations subject to one of the main sanctioning forms are caution or fine.
– The maximum fine level in scientific and technological activities and technology transfer for individuals is VND 50,000,000, for organizations being VND 100,000,000.
– Depending on the nature and severity of violations, violating individuals and organizations may also be subject to one or more additional sanctioning forms such as: deprivation of the right to use for a definite term from 01 to 03 months, confiscating material evidences and means of administrative violations.
Thus, Decree No. 51/2019/ND-CP has detailed regulations on violations, sanctioning forms, sanctioning levels, remedial measures and competence to sanction administrative violations in activities. science and technology, technology transfer.
On April 29, 2019, the Government issued Decree No. 36/2019/ND-CP detailing a number of articles of the law amending and supplementing a number of articles of the law on physical training and sports with effect from on 14/6/2019.
The 2006 Law on Physical Education and Sports revised in 2018: Sports enterprises are the type of activities of sports facilities, established and operating under the provisions of the Enterprise Law. When doing sports business, the enterprise must meet the conditions of personnel in accordance with the content of operation registration and the facilities and equipment must meet the requirements of sports activities.
Decree 36/2019/ND-CP has amended regulations on business conditions of sports activities of enterprises. Accordingly, personnel conditions are conditions related to the professional staff of business enterprises sports activities, including: training instructors, lifeguards and medical staff. Particularly for training instructors must meet one of certain conditions such as a coach or athlete with a level of level 2 or higher or equivalent in accordance with sports activities for business registration. ; having professional degrees in sports and physical education from intermediate level or higher in accordance with sports activities for business registration; be trained in sports according to the regulations of the Minister of Culture, Sports and Tourism. This is a very necessary condition, because the instructor must ensure the qualifications of the new qualification are able to guide the practice effectively. For personnel who are medical staff and rescuers, the Decree does not stipulate clearly the specific qualifications and conditions, but to match the contents of sports activities registered enterprises must recruit personnel capable of performing work related activities to ensure safety for participants. These regulations help businesses be more flexible and proactive in finding suitable personnel for sports activities that businesses do.
For facilities and equipment of enterprises engaged in sports activities, they must meet the national technical regulations promulgated by the Minister of Culture, Sports and Tourism. This means that facilities, sports equipment, facilities and equipment for sports activities must comply with the provisions of the law on national technical regulations to ensure safety for participants. sports that businesses provide. However, depending on the level of supply of sports activities, the content of the business activities must meet other necessary conditions. For example, for businesses that engage in extreme sports activities, in addition to meeting the above conditions, professional personnel – medical workers of enterprises must be permanent employees, or businesses must written agreement with the nearest medical facility about medical staff to provide first aid and emergency treatment to participants in extreme sports activities in case of necessity. For enterprises engaged in water sports activities, they must ensure life-saving motorboats.
Decree 36/2019/ND-CP issued is a document with new regulations, adjusting and modifying details of many important contents to help sports business enterprises capture get the necessary conditions during the implementation process. Thereby, promoting the purpose of developing domestic sports activities more effectively.
On June 10, 2019, the Ministry of Health issued Circular 09/2019/TT-BYT guiding the appraisal of conditions for signing contracts of initial medical insurance and medical services. clinical and some cases of direct payment of medical examination and treatment costs for health insurance. This Circular takes effect from August 1, 2019.
Accordingly, Article 3 of Circular 09/2019/TT-BYT stipulating the transfer of the implementation of paraclinical services is done as follows:
– Subclinical services on the list of medical technical services approved by competent state agencies for medical examination and treatment facilities and being implemented at medical examination and treatment facilities but at the time designation of use for such patients and medical examination and treatment facilities is not possible;
– Subclinical services not on the list of medical technical services approved by competent state agencies for medical examination and treatment facilities but in fact are necessary for professional activities according to regulations of the Minister of Health on management, diagnosis and treatment in medical examination and treatment.
In summary, the issuance of Circular 09/2019 / TT-BYT aims to ensure compliance with technical and professional requirements in medical examination and treatment, while ensuring the rights of participants of health insurance.
On May 17, 2019, the Ministry of Planning and Investment issued Circular 08/2019/TT-BKHĐT guiding the norms for planning activities. This Circular will take effect on July 1, 2019.
Accordingly, Circular 08/2019 / TT-BKHĐT gave some important changes in the norms for planning activities. In Article 5 of Circular 08/2019 / TT-BKHĐT, the norms for planning activities are clearly defined in two phases, including:
– Phase 1: Norms for activities of formulation, appraisal and approval of planning tasks;
– Phase 2: Norms for making, appraising, deciding or approving, announcing and adjusting plannings.
Specifically:
Norms for activities of elaboration, appraisal and approval of planning tasks include:
• Norms for direct operation;
• Norms for indirect activities.
Norms for making, appraising, deciding or approving, announcing and adjusting plannings include:
• Norms for direct operation;
• Norms for indirect activities;
• Norms for setting up planning components, proposed contents;
• Norms for strategic environmental assessment activities.
In addition, the Circular also lists each type of norms, from Article 6 to Article 10 of the Circular. Specifically: Norms for direct operations, Norms for indirect activities; Norms for formulation of planning components, formulation of proposed contents into planning; Norms for strategic environmental assessment activities; Norms for planning adjustment activities.
This is a new regulation because in the past Circular No. 01/2012 / TT-BKHĐT instructed to determine the cost level for making, appraising and announcing the socio-economic development master plan; Major sector, sector and product development plans are not regulated in this regard.
On April 9, 2019, the Ministry of Finance issued Circular No. 20/2019/TT-BTC amending and supplementing a number of articles of Circular No. 301/2016/TT-BTC dated November 15, 2016 guiding about registration fees. This Circular takes effect from June 1, 2019.
Accordingly, Circular No. 20/2019/TT-BTC has made some outstanding changes in a number of subjects exempted from registration fees, specifically including the following subjects:
Firstly, the land is allocated or leased by the State in the form of one-off payment of rent for the entire lease term for the following purposes: Investment in infrastructure construction (regardless of whether the land is inside or outside industrial parks, export processing zones), investment in construction of houses for transfer, including cases where organizations and individuals receive transfer to continue investing in infrastructure construction or building houses for transfer. In these cases, if registering ownership, use rights for rent or self-use, registration fees must be paid.
Secondly, houses and land are compensated and resettled (including houses and land purchased with money to be compensated and supported) when the State recovers houses and land in accordance with law but organizations and individuals suffer from to recover houses and land which have paid registration fees (or are not required to pay registration fees or have to pay registration fees to be paid when calculating the compensation for land recovered according to the provisions of law). The exemption from registration fees stipulated in this clause shall apply to persons whose houses and land are recovered.
Thirdly, properties of organizations and individuals that have been granted ownership and use certificates when re-registering their ownership or use rights shall be exempt from registration fees in the following cases: being granted a certificate of ownership and use of the household by a person in the household (including co-owner of the property), when dividing such property according to the provisions of law for cities re-registered household members; Household members must be family members in accordance with the Marriage and Family Law and have permanent residence with the person named on the certificate of ownership or use.
Fourth, fire trucks, ambulances, X-ray vehicles, rescue vehicles (including rickshaws, vehicle trucks); garbage trucks, water sprayers, water trucks, water tankers, road sweepers, waste-sucking vehicles, dust-collecting vehicles; Special-use vehicles for war invalids, diseased soldiers and disabled people shall register ownership rights of war invalids, diseased soldiers and disabled people.
From here, it can be seen that the Circular No. 20/2019 / TT-BTC has brought some outstanding and fundamental changes compared to Circular No. 301/2016/TT-BTC dated November 15, 2016 on a number of issues Exemption of registration fee. This provision has contributed to overcome the shortcomings and shortcomings in the provisions of Article 5 on “Registration fee exemption in accordance with Article 9 of Decree No. 140/2016/ND-CP dated 10 October 2016 of the Government on registration fees ”, in order to contribute to solving problems of individuals and organizations being applied and developing a clear legal framework consistent with the current economic development. now on.
On April 19, 2019, the Prime Minister issued Decision No. 18/2019 / QD-TTg regulating the import of used machinery, equipment and technology lines. This decision takes effect from June 15, 2019.
In the content of the Decision, there are some notable things:
– Prohibit the import of used machinery, equipment and lines of poor quality, causing environmental pollution. Specifically, the machinery and equipment belong to the following cases:
+ Exported countries have announced their elimination due to backwardness, poor quality and environmental pollution;
+ Failure to meet the requirements for safety, energy saving and environmental protection in accordance with the law.
– Only import used machinery and equipment under 10 years old
Accordingly, used machinery and equipment are allowed to import when the age of equipment does not exceed 10 years. At the same time, it must be manufactured according to standards in accordance with the provisions of national standards (QCVN) on safety, energy saving and environmental protection. In the absence of QCVN related to imported machinery and equipment, imported machinery and equipment must be produced in accordance with the technical standards of the Vietnamese national standard (TCVN) or national standard. of one of the G7 and South Korea countries on environmental energy safety and conservation.
– Only import used technology lines when the product capacity reaches over 85%.
Accordingly, the capacity (in terms of the number of products produced by the technology line in a unit of time) or the remaining efficiency must be 85% or more of the design capacity or efficiency.
– Import license must be submitted when importing used machinery and equipment for more than 10 years.
The Prime Minister issued specific regulations on the import of used machinery, equipment and lines to further improve the old regulations stipulated by the Ministry of Science and Technology in the Circular. No. 23/2015/TT-BKHCN on November 13, 2015. Create a clear legal basis for the import of machinery and equipment into Vietnam.
On 10 May 2019, the Government issued Decree No. 39/2019/ND-CP on organization and operation of small and medium enterprise development funds. The Decree takes effect on July 1, 2019.
Accordingly, the Fund will lend small and medium enterprises directly when meeting the following 04 conditions:
– Meet the provisions of Article 4 of the Law on Support for Small and Medium Enterprises;
– Having feasible production and business projects and plans, exploiting all kinds of intellectual properties or new technologies or new business models according to specialized law provisions;
– Ensure equity capital to participate in projects, production and business plans at least 20% of the total investment capital to implement projects and production and business plans and ensure sufficient capital for realization. show;
– Meet the provisions on loan security in accordance with this Decree.
Enterprises can borrow for each production and business project or plan not exceeding 80% of the total investment capital of each project or plan.
The direct lending interest rate for enterprises is equal to 80% of the lowest rate of commercial lending rates.
It can be seen that the capital for business development is an important and difficult problem for many enterprises, especially for small and medium enterprises, so the promulgation of policies to support loans as above is a very positive policy for promoting economic development.
On 05/06/2019, the Government issued Decree No. 48/2019/ND-CP on the management of activities of underwater recreation facilities for entertainment and recreation 15/08/2019.
Accordingly, the decree stipulated specifically that players must wear life jackets during the playing time, take responsibility for their own health situation when participating in fun and entertainment activities under water as the main content issued in Decree 48/2019/ND-CP dated 05/06/2019.
In addition, water recreation facilities are ships, boats or other floating structures used for water recreation and entertainment with a capacity of no more than 5 people and operating in the operating area permitted by the agency authorized approval.
The Decree stipulates the conditions for operators of water recreation facilities to be at least 15 years old, have health, and be guided on safety skills when operating. For motor vehicle drivers, the total capacity of main engines over 05 horsepower must have a means of driving license as prescribed, must wear life jackets for the duration of participating in activities.
For organizations and individuals exploiting entertainment and entertainment activities, there must be enough buoys and life-saving devices for players. In particular, do not allow the driver of recreational vehicles and entertainment under the water to control the vehicle out of the prescribed operating area.
