On 13/05/2019, the Government issued Decree No. 40/2019/ND-CP amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on effective environmental protection. force from 01/07/2019.
Accordingly, to guide more clearly the contents related to imported scrap Government issued Decree 40/2019/ND-CP amending the Decree guiding the Law on Environmental Protection on 13/5/2019, accordingly, this Decree provided for objects permitted to import scraps, specifically as follows:
Clause 28 Article 3, Decree 40/2019/ND-CP stipulates that “Organizations and individuals having production facilities using imported scrap meet the following requirements to be permitted to import scrap as raw materials export”:
a) Meeting the requirements and responsibilities for environmental protection stipulated in Clause 2 and Clause 3, Article 76 of the Law on Environmental Protection;
b) There is an environmental impact assessment report approved by the Ministry of Natural Resources and Environment, in which the contents of imported waste materials are used as production materials and granted a certificate of completion of environmental protection works. school or hazardous waste disposal license, including content using scrap as a production material for projects already in operation.
For newly constructed projects, they must meet the requirements prescribed in Article 16b and Article 17 of Decree No. 18/2015 / ND-CP.
c) Having a certificate of satisfaction of environmental protection conditions in importing discarded materials as production materials according to law provisions”.
The Decree No. 40/2019 has issued new and positive changes in environmental-related activities. In which new regulations on imported scrap are the most important content. This is a very important legal document, abolishing, amending, replacing and supplementing many contents of other Decrees on environmental protection in order to better manage environmental protection. Through the promulgation of legal documents to regulate this issue, the state has shown positive signs, contributing to minimizing environmental pollutants.
On 29/05/2019, the Ministry of Industry and Trade issued Decision No. 1480 / QD-BCT on the application of temporary anti-dumping for Aluminum products originating from the People’s Republic of China, Decision to have effective from 05/06/2019.
Accordingly, Decision No. 1480/QD-BCT on the application of temporary anti-dumping for aluminum products has been issued from the People’s Republic of China.
Specifically: Applying the temporary anti-dumping tax on some aluminum, alloy or non-alloy products, in bars, rods and shapes, which have been extruded, whether or not surface treated, have or No further processing for import into Vietnam Aluminum and aluminum products; alloy or non-alloy; bars, rods and shapes, extruded, whether or not surface treated, whether or not further worked. These products have a distinct form, have cubic network, can be designed in many different shapes and sections; can create many different colors on the surface; recyclable. Goods classified according to HS code 7604.10.10, 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90, originating from the People’s Republic of China,
Thus, this Decision No. 1480 / QD-BCT is issued to create a legal corridor to protect domestic enterprises and manufacturers and avoid major risks due to the volume of goods being sold. prices and imports into Vietnam increased rapidly. This regulation is issued in a timely manner, which will minimize losses that are hard to overcome for the domestic industry.
On February 27, 2019, the Hanoi City Tax Department issued Official Letter No. 7623/ CT-TTHT on the corporate income tax policy which set criteria for enterprises to determine deductible expenses.
Accordingly, Official Letter No. 7623/CT-TTHT provides guidelines for determining deductible expenses, after reporting to the General Department of Taxation, specifically:
Article 6, Circular No. 119/2016/TT-BTC, Amending and supplementing Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance guiding the implementation of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government stipulates and guides the implementation of the Law on Enterprise Income Tax as follows:
Enterprises can deduct all expenses if they meet the following conditions:
a) Actual expenses arising related to production and business activities of enterprises;
b) Expenses with sufficient legal invoices and vouchers as prescribed by law.
c) Expenses if there are invoices for buying goods and services each time with a value of VND 20 million or more (price inclusive of VAT) when payment must have non-cash payment vouchers.
The promulgation of Official Letter No. 7623/CT-TTHT of Hanoi Tax Department shows that this is a regular activity of the agency, in order to support enterprises in solving problems and applying the law consistently.
On May 17, 2019, the Government has issued Decree No. 43/2019/ND-CP amending and supplementing a number of articles of Decree No. 26/2014/ND-CP dated April 7, 2014 on organization and operation of Banking Inspection and Supervision.
Accordingly, one of the important contents that should be considered is the addition of duties and powers of the Chief of Banking Investigation and Supervision. Specifically, from the time of 17/05/2019, when detecting signs of violation of law or when there are signs of risks threatening the safety of operation of credit institutions, Chief of Investigation, supervision The Bank has the right to request the Director of the State Bank branch to conduct the inspection, in case the Director of the State Bank branch does not agree to conduct the inspection, it shall report and be responsible to the State Bank Governor.
In addition, Chief Inspector and Supervisor of the Bank has the right to issue a decision to re-inspect the case with previous inspection conclusions if there are signs of violation of the law.
Thus, with the promulgation of Decree 43/2019/ND-CP, the Banking Inspection and Supervision Agency has added a number of tasks and powers to serve the inspection and supervision of the activities of credit institutions, contributing to improving the transparency of the money market.
On May 23, 2019, the Ministry of Transport issued Circular No. 19/2019/TT-BGTVT detailing the investment field and the content of the feasibility study report of investment projects in the form of Public-private partnership in the transport sector. This Circular takes effect from July 10, 2019.
Accordingly, Circular No. 19/2019/ TT-BGTVT regulates investment projects in the field of transportation including construction investment projects, renovation, operation, business, infrastructure management, providing public services in the fields of roads, railways, inland waterways, maritime and aviation.
Circular No. 19/2019/TT-BGTVT also stipulates the content of the feasibility study report of investment projects in the transport sector, including the following main contents:
1. Necessity and investment objectives
2. Advantages of investing in the form of public-private partnerships
3. The project’s compatibility with development planning and plans
4. Project size, location and demand for resources
5. Natural conditions of construction area and current status of works
6. Technical explanation, technology and major solutions
7. Implementation plan, schedule and project contract term
8. Site clearance and resettlement
9. Total investment, total investment capital and financial plan
10. Select the type of project contract
11. Investment capital, plans and feasibility of capital mobilization
12. Managing project implementation, managing exploitation and maintenance of works
13. Analyzing project risks and proposing incentives and investment guarantees
14. Socio-economic efficiency and project impacts
15. Conclusions and recommendations
Thus, Circular 19/2019/TT-BGTVT has clearly defined the scope of investment projects in the field of transport and the contents of the feasibility study report, contributing to support the investors to implementent investment project in the form of public-private partnerships easily.
On 29/03/2019, the Ministry of Transport issued Circular No. 13/2019/TT-BGTVT on detailing the aviation security program and quality control of aviation security in Vietnam. This Circular takes effect from 01/06/2019.
Circular No.13/2019/TT-BGTVT provides detailed regulations on disruptive passenger handling process as follows:
The first case: Passengers have not boarded the aircraft
– Aviation security control personnel do not prevent passengers from boarding aircraft, detaining people and documents of passengers’ personal identity.
– Handle in accordance with the principles and procedures for handling violations of aviation security.
– The handling must ensure to minimize the impact of normal operations of airports and airfields.
The second case: Passengers boarded aircraft and airplanes on the ground
– The aircraft commander must apply appropriate handling measures according to his / her competence; decide to suspend flights if deeming necessary for reasons of safety and security for flights; notify airline representatives.
– The airline representative informed the case to the aviation security control force and airport authority at airports and airports to coordinate the handling.
The third case: The aircraft is flying
In case the aircraft is in flight, the aircraft commander has the following tasks and powers:
– Appropriate handling measures must be applied according to their competence;
– Decisions for aircraft to land if deemed necessary due to safety and security reasons for flights;
– Notify the case to the airline or aviation authorities at the airport (if there is no airline representative) where the aircraft landed depending on the nature and extent of the incident;
– Organize to make records of administrative violations or reports, report cases according to the provisions of law on sanctioning administrative violations in the field of civil aviation or make records according to regulations of host countries. handover the case to the aviation authorities where they landed.
The Circular stated that, when receiving the notice, the aviation security control force at the airport and the airport immediately boarded the aircraft to coordinate with the flight crew, apply necessary enforcement measures to release the operation. guests get off the plane, temporarily hold papers on the passengers’ personal identity and infringing objects; The flight crew sets up a report of the case to be transferred to the Airport Authority to handle according to its authority and the airline representative must be present to witness and coordinate in the process of handling the case.
The concerned airport authorities that receive the notice must immediately go to the place of handling the case to directly evaluate and decide the handling according to their competence; oversee the whole process of handling cases, including on aircraft; lead in coordination with aviation security control forces at airports, airports and airlines to assess the case, decide to apply the necessary security measures; request transfer of case files; suspend or allow the flight to continue; make records and sanction administrative violations; If the case is beyond its authority, transfer the case to the competent authority for handling.
Circular No. 13/2019 / TT-BGTVT specifying and detailing the process of disrupting passengers, contributing to ensuring aviation security and improving the quality of aviation security.
On 08/10/2018, the Government issued Decree No. 140/2018/ND-CP on amending and supplementing decrees related to business investment conditions and administrative procedures under the scope of management. state management of Ministry of Labor – Invalids and Social Affairs. This Decree takes effect from 08/10/2018.
Accordingly, Decree No. 140/2018/ND-CP on amending a number of provisions in the Registration of use, information adjustment and stop using electronic transaction methods in the field of social insurance, instruments can be as follows:
Firstly, when there is a need to register for electronic transactions, adjust information and stop using electronic transaction methods in the field of social insurance, agencies, organizations and individuals shall make registration forms. sign, use and adjust information and stop using electronic transaction method in the field of social insurance according to Form No. 01 Appendix III issued with this Decree and send the electronic version to the Information Portal of Vietnam Social Insurance or send a paper copy to Vietnam Social Insurance.
Secondly, within 03 working days, from the date of receiving the registration for use registration, information adjustment and stop using the electronic transaction method in the field of social insurance of agencies and organizations. , Individuals and Vietnam Social Insurance shall send notices of acceptance to email addresses of agencies, organizations and individuals; In case of disapproval, Vietnam Social Insurance must notify and clearly state the reason.
Thirdly, in case of registering to stop using electronic transaction method, since the time when Vietnam Social Insurance announces approval, agencies, organizations and individuals shall conduct transactions with the security agency. Social insurance by paper records as prescribed. In cases where agencies, organizations and individuals wish to continue using electronic transactions, they must register according to the provisions of Clause 1, Article 22 of this Decree.
From this it can be seen that, since the time of October 8, 2019, the Government has issued documents to amend some provisions in the registration of use, adjust information and stop using the delivery method. Electronic translation in the field of social insurance. This regulation has contributed to overcome the shortcomings and shortcomings in the previous regulations on “registration of electronic transaction method” in Decree No. 166/2016 / ND-CP dated 24/12/2016. on electronic transactions in the field of social insurance, health insurance and unemployment insurance, contributing to solving problems of investors and building a clear legal framework consistent with the distribution current economic development.
On 22/05/2019, implementing Directive No. 11/CT-TTg, the Ministry of Construction issued Decision No. 398/QD-BXD in order to implement synchronously and effectively Ms. Thi of the Government on groups of solutions to promote the real estate market to develop stably and healthy.
Accordingly, the Department of Housing Management and Real Estate Market will be the leading agency in coordination with the Legal Department, Department of Environmental Science and Technology, General Statistics Office, National Institute of Architecture, Institute of Economics. Concentrated construction completed in 2020 The six main task groups include:
– Complete the revised and supplemented Law on Construction Law, Housing Law and Real Estate Business Law
– study and issue amendments and supplements to construction standards and standards for various types of condominiums, tourist apartments (condotels), tourist villas (resort villas) and offices. Short-term accommodation (officetel), motels, rooms for rent.
– Study and propose the issuance of legal documents on regulations on management and operation of office buildings in combination with short-term accommodation (officetel)
– Urge localities to complete and put into operation the housing and real estate information system according to the Decree No. 117/2015 / ND-CP dated 12/11/2015 of the Government
– Research and amend legal policies and urge social housing development
– Coordinate with ministries, sectors and localities to strengthen inspection of law compliance of investors
– Summarize the situation periodically or unexpectedly to report to the Government and the Prime Minister on the evolution of the real estate market in order to promptly take measures to stabilize the market when there are abnormal or fluctuating signs. great.
With the issuance of Decision No. 389 above, the Government; The Ministry of Construction has been taking strong measures to contribute to building a healthy, transparent and sustainable real estate market.
On 13/05/2019, the Ministry of Industry and Trade issued Decision 1230/QD-BCT on the application of measures to prevent and avoid trade defense measures. The decision takes effect from 27/05/2019.
Accordingly, the decision has specified the types of goods subject to application of measures to avoid trade defense measures. Specifically, steel and wire rod products have HS codes: 7213.91.90, 7217.10.10, 7217.10.29, 7229.90.99, 9839.10.00 imported into Vietnam from different countries / regions. In addition, the decision stated four steel groups that do not apply anti-trade measures to avoid trade remedies. Specifically:
1. Steel containing one of the elements with a percent (%) content by weight in the following scope: Carbon (C)> 0.37%; Silica (Si)> 0.60%; Chromium (Cr)> 0.60%; Nickel (Ni)> 0.60%; Copper (Cu)> 0.60%.
2. Steel containing at the same time the elements with percentages (%) by weight belong to the following scope: Manganese (Mn) from 0.70% to 1.15%; Sulfur (S) is from 0.24% to 0.35%.
3. Steel with circular cross-section of 14mm or more.
4. Domestic steel products are not yet produced.
The decision also stipulates procedures for exemption to apply trade measures to businesses when importing steel products of the above groups.
The new regulation of the Ministry of Industry and Trade has shown the close management of import of steel products, exemption from anti-shielding anti-defense tax for enterprises importing steel items under the list of non-pressurized products. Using trade defense measures, facilitating business activities of steel products take place more exciting in Vietnam market.
