法律解答 - Bizlawyer

Requirements for online public services to ensure convenient access

回答

On November 15, 2017, the Ministry of Information and Communications issued Circular No.32/2017/TT-BTTTT regulating the provision of online public services and ensuring convenient access to electronic information pages or portals of state agencies. The Circular took effect since June 1, 2018.

Accordingly, Circular No.32/2017/TT-BTTTT sets minimum requirements for level 3 and level 4 online public services, as follows:

– Must be compatible with popular Web browsers;

– Easily find services with popular search engines;

– Having mechanisms to guide, automatically declare information;

– Functional for users to rate their satisfaction with the service after use;

– Ensuring fast processing time and data exchange;

– Ensure stable operation;

– Have e-mail address to receive user comments.

Circular No.32/2017/TT-BTTTT is expected to improve the quality of online public services to meet the demand of people in the current period, minimizing the movement when carrying out administrative procedures.

Reform wage policy for cadres, civil servants, officials and armed forces and employees in enterprises

回答

On May 21, 2018, the Central Committee issued Resolution No.27-NQ/TW of the 7th Plenum of the 12th Party Central Committee on the reform wage policy for cadres, civil servants, officials and armed forces and employees in enterprises. The Resolution took effect from the date of its promulgation.

Accordingly, the Party Central Committee provides the guiding view as follows:

The wage policy is a particularly important policy of the socio-economic policies system;
Reform wage policy must be comprehensive, systematic, synchronous, inherit and promote the advantages, effectively overcome limitations and inadequacies of current wage policy;
In the public sector, the State shall pay salaries to cadres, civil servants, officials and armed forces according to their employment status, position and leadership position in accordance with State resources and revenues from public service delivery;
In the enterprise sector, wages are labor prices, formed on the basis of agreements between employees and employers according to the market mechanism under the State management;
Reform wage policy is an objective requirement, which is an important task, which requires high political will in building a socialist law-governed State and perfecting the institution of the socialist-oriented market economy;;

It can be seen that through the issuance of Resolution No.27-NQ/TW, the Party Central Committee has issued detailed guidelines as the basis and premise for setting wage policy for cadres, civil servants, officials and armed forces and employees in enterprises, so that these individuals can be assured of their contribution to the country.

Basic salary for cadres, civil servants, officials and armed forces

回答

On May 15, 2018, the Government issued Decree No.72/2018/ND-CP stipulating basic salary for cadres, civil servants, officials and armed forces. The Decree took effect on July 1, 2018.

Accordingly, Decree No.72/2018/ND-CP stipulates the basic salary as follows:

Basic salary level used as basis:

– To calculate the salary levels in the payrolls, the allowance levels and implement other regimes according to the provisions of law;

– To calculate charge and subsistence expense levels according to the provisions of law;

– To calculate the deductions and regimes enjoyed at the basic salary level.

From July 1, 2018, the basic salary is 1,390,000 VND per month.

As such, through the Decree No.72/2018/ND-CP, the State continues to promote wage reform to improve the lives of cadres, civil servants, officials and armed forces.

Support policy with voluntary drug detoxicators

回答

On May 17, 2018, the Government issued Decree No.80/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No.147/2003/ND-CP dated December 2, 2003 regulating on conditions and procedures for granting and managing of voluntary detoxification establishments; the Government’s Decree No.135/2004/ND-CP dated June 10, 2004 prescribing the regime on application of the measure of consignment to disease treatment establishments, organization and operation of disease treatment establishments under the Ordinance on Handling of Administrative Violations, and the regime applicable to minors and volunteers to come to disease treatment establishments. The Decree took effect since July 5, 2018.

Accordingly, Decree No.80/2018/ND-CP regulates support policy for voluntary drug detoxicators as follows:

The State shall ensure drug withdrawal, detoxication and treatment of mental disorders for voluntary drug detoxicators at public drug detoxication establishments;
The State shall provide 95% of the screening costs, evaluating the level of addiction, testing services; treatment of opportunistic infections for wounded soldiers, the poor, lonely elderly, orphans; people infected with toxic chemicals…
Localities shall provide monthly allowances, money for living and daily-life necessities at least equal to 70% of the norms applicable to drug detoxicators subject to the application of measure of compulsory detoxification.
Particularly for voluntary drug detoxicators in 15 non-public drug detoxification establishments in provinces and cities such as Son La, Hoa Binh, Thai Nguyen, Hanoi and Nghe An, etc. still enjoy the following above-mentioned policy from 2018 to 2020.

With detailed and specific policies, through Decree No.80/2018/ND-CP, the State has created a financial support mechanism for drug detoxicators to have the opportunity and motivation for detoxification, thereby reducing the number of drug detoxicators, ensure security, social safety and public health.

Issue 4 lists of narcotic substances and pre-substances

回答

On May 15, 2018, the Government issued Decree No.73/2018/ND-CP regulating the list of narcotic substances and pre-substances. The Decree took effect from the date of its promulgation.

Accordingly, Decree No.73/2018/ND-CP stipulates four lists of narcotics substances and pre-substances, specifically as follows:

List I: Narcotics are strictly prohibited for use in medicine and social life; the use of these substances in the analysis, testing, scientific research, criminal investigation in accordance with special provisions of the competent authority.
List II: Narcotics are restricted to analysis, testing, scientific research, criminal investigation or health care according to regulations of the competent authority.
List III: Narcotics used in analysis, testing, scientific research, criminal investigation or in the field of health and veterinary according to regulations of the competent authority.
List IV: Pre-substances, including: Pre-substances used for national defense and security purposes, managed and licensed for export or import by the Ministry of Public Security; The pre-substances used in the veterinary field shall be managed and granted import and export permits by the Ministry of Agriculture and Rural Development.

By issuing a list of narcotic substances and pre-substances, the Government has developed a legal framework for the activities related to these substances to better control and tighten State management work.

Multi-level business management in Hanoi

回答

On May 22, 2018, the People’s Committee of Hanoi issued Official Letter No.2217/UBND-KT on the implementation of the Government’s Decree No.40/2018/ND-CP dated March 12, 2018 on managing business activities in a multi-level mode. The Official Letter took effect from the date of its promulgation.

Accordingly, Official Letter No.2217/UBND-KT has assigned Hanoi Department of Industry and Trade to carry out the following tasks:

To grant and withdraw certification of registration of multi-level sale activities in the city, certify the registration of amendments and supplements to the contents of multi-level sale activities and certify the receipt of notices on operation termination multi-level sales; publish the results of this certification on the website of the Department and notify the Ministry of Industry and Trade;
To receive dossiers of notices on organization of conferences, seminars or training courses on multi-level sale of enterprises which have been granted certification of registration of multi-level sale activities in the city;
To inspect, examine, supervise and handle according to competence or report to competent authorities for handling violations on management of business activities by multi-level mode;
To trganize the training and professional training for cadres and officials in a number of departments, branches and districts, which directly perform the State management on multi-level sale activities.
To direct the Market Management Sub-Department of Hanoi city to well perform the State management contents.

Through specific and detailed regulations, Official Letter No.2217/UBND-KT has shown the focus of Hanoi city in tightening the management of multi-level business activities, thereby contributing to minimize the negative effects of multi-level activities, protecting people involved in this activities.

Regulation on the exemption of trade remedies

回答

On April 20, 2018, the Ministry of Industry and Trade issued Circular No.06/2018/ TT-BCT detailing some measures on trade remedies. The Circular took effect since June 15, 2018.

Accordingly, the remarkable contents of the Circular No.06/2018/TT-BCT regulates on the exemption of trade remedies, specifically as follows:

Scope of exemption

– The imported goods have different characteristics from similar goods, directly competitive goods are produced domestically, the same goods, directly competitive goods produced by the domestic industry can not be replaced;

– The import goods being special products of similar or directly competitive goods produced in the country;

– The similar goods, directly competitive goods produced domestically may not be sold on the domestic market under the same conditions;

– The volume of similar goods and directly competitive goods produced domestically is not enough to meet the domestic demand.

The duration of exemption of trade remedies is determined as follows:

– For dossiers requesting the exemption of trade remedies received by the Investigation Agency from the decision on the results of trade remedies review promulgated by the Minister of Industry and Trade, the time limit exemption from the date of the decision to apply a provisional or official trade remedies or a decision on the results of trade remedies review that is in effect until December 31 of the year in which the exemption decision was issued.

– For dossiers requesting the exemption of safeguard remedies received by the Investigation Agency, the time limit exemption is one year, counting from January 1 to December 31 of the following year.

– For additional dossiers requesting the exemption of trade received by the Investigation Agency, the time limit exemption is counted from the date of receipt of the complete and valid exemption dossiers until December 31 of the year in which the exemption decision was issued.

With specific and detailed regulations, Circular No.06/2018/TT-BCT provides the scope and time limit for the exemption of trade remedies in accordance with international practice, at the same time, ensuring the development of domestic manufacturing enterprises.

Goods temporarily imported for re-export shall be subject to supervision until they are re-exported from Vietnam

回答

On May 15, 2018, the Government issued Decree No.69/2018/ND-CP detailing a number of articles of the Law on management foreign trade. The Decree took effect from the date of its promulgation.

Accordingly, Decree No.69/2018/ND-CP stipulates that Vietnamese traders are entitled to conduct temporary import and re-export of goods irrespective of their registered business lines as follows:

For goods temporarily imported for re-export or conditional, traders must satisfy the prescribed conditions.
For goods banned from import or export; goods temporarily suspended from export or temporarily suspended from import; goods not yet permitted for circulation or use in Vietnam; goods subject to the management of export quotas, import quotas, tariff quotas and export or import permits, except for cases of automatic export or import permits, the traders must be granted a temporary import for re-export by the Ministry of Industry and Trade.
For the remaining cases, traders shall carry out the procedures for temporary imported for re-export at the customs offices.

With clear and detailed regulations, Decree No.69/2018/ND-CP is expected to solve some problems when implementating the Law on management foreign trade, and at the same time, contributing to improving the quality of State management in this area.

Mission of the security forces on train

回答

On May 15, 2018, the Government issued Decree No.75/2018/ND-CP regulating the organization, duties, powers and uniforms of the security forces on train. The Decree took effect since July 1, 2018.

Accordingly, Decree No.75/2018/ND-CP stipulates the duties of the security forces on train as follows:

To work out plans, proposals and recommendations on measures to assure security on trains with railway transport enterprises;
To take professional measures to detect, prevent, stop acts such as threatening the safety of running a train; throwing objects from the train; damage of the train’s equipment, unsanitary conditions on train; disturb public order on train; threatening the health and life of passengers; stealing property of passengers, railway employees, enterprises, cargo and luggage carried on train; violations of the provisions of the Law on fire and explosion prevention on train; other illegal acts in train.
To coordinate with functional agencies and forces in performing the tasks, including: law dissemination, propagation and education for transport hirers and passengers; instructing transport hirers and passengers to take part in the protection of security and order on board; firmly grasp the situation of security, social order and safety on the railway with trains running through; clearing, disposing of bombs, mines, biological weapons, chemicals, radioactive substances, handling luggage, cargoes, postal matters and other objects containing dangerous articles when transported on train; control of passengers go up and down train; to handle cases of fire, terrorism, smuggling and commercial fraud occurring on train; organizing the rescue of injured persons on train; to assist the Head on train in exercising his/her competence to detain people according to administrative procedures on board; solving and dealing with natural disasters and railway traffic accidents; preventing and dealing with other violations occurring on board.

Decree No.75/2018/ND-CP has specifically regulated on assigning the security forces on train, thereby contributing in increasing the sense of responsibility in the work of security safety and fire prevention on the railway.

Regulations on formulation of standards and technical regulations

回答

On May 16, 2018, the Government issued Decree No.78/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No.127/2007/ND-CP dated 01/8/2007 detailing the implementation of a number of articles of the Law on standards and technical regulations. The Decree took effect since July 1, 2018.

Accordingly, Decree No.78/2018/ND-CP stipulated the general requirements in setting up standards and technical regulations as follows:

Formulation of standards

– There must be representatives of management agencies, associations, enterprises, scientific and technological organizations, consumers and related specialists.

– Adherence to the principle of consensus on the basis of discussion, public comment, and democracy.

Formulation of technical regulations

– The system of national technical regulations and local technical regulations must be consistent with international treaties which Vietnam has signed or acceded to.

– Prioritize the set of technical regulations adjusting the group of similar objects in terms of technical characteristics and management requirements.

– Prescribes management measures and limits on the technical characteristics of products, goods, services, processes and environment directly serving the State management requirements in order to ensure safety and hygiene, environment, healthy; protection of animals and plants; protect the interests and national security, the legitimate rights and interests of consumers; to respect the rights to production and business of organizations and individuals.

– The contents of national technical regulations are invoked to other national technical standards, national standards, international standards, regional standards and foreign standards.

– In case of recourse to international standards, regional standards or foreign standards for technical requirements, the promulgating agency shall have to ensure that the Vietnamese version of the referring documents is available to individuals and groups can be referenced when requested.

– When elaborating technical regulations, they must review the provisions on recognition of equivalence, ensuring compliance with international treaties which Vietnam has signed or acceded to.

In cases where technical regulations are capable of creating technical barriers to international trade, the promulgating agency shall have to send the draft technical regulation to the Ministry of Science and Technology for sending international comments according to the provisions of treaties to which Vietnam is a signatory or participant.

With detailed and specific regulations, Decree No.78/2018/ND-CP provides the basis for ministries, departments and agencies to set up standards and technical regulations, thereby ensuring publicity, transparency and uniformity in State management activities and not to create barriers to international trade.