法律解答 - Bizlawyer

The priority regime for officials, public servants, employees and laborers of the State Audit

回答

On May 12, 2018, the Government issued Decree No.66/2018/ND-CP regulating the priority regime for officials, public servants and employees of the State Audit. The Decree took effect since July 1, 2018.

Accordingly, Decree No.66/2018/ND-CP stipulates the priority regime for officials, public servants and employees of the State Audit as follows:

Annually, based on the results of implementation of audit proposals, the State Audit shall be entitled to deduct 5% on the total of money detected and proposed by the State Audit as prescribed. The State Audit shall use the fund of 5% to cover the following expenses: Expenses for encouraging and rewarding officials, public servants and employees of the State Audit shall not exceed 0.8 times the salary is determined by the State.
The remaining funds after spending incentives and bonuses for officials, public servants and employees of the State Audit shall be used to invest in material foundations and increase the operation capability of the State Audit.

It can be seen that Decree No.66/2018/ND-CP contains specific and clear regulations on priority regime for officials, public servants, employees and laborers of the State Audit, thereby showing clearly interest and encouragement for these people in order to improve the morale and quality of life for the employees, contributing to ensuring the legitimate rights and interests of the employees.

Measures to strengthen the state management of sand resources

回答

On May 10, 2018, the Prime Minister issued Official Letter No.602/TTg-CN on a number of measures to strengthen the state management for activities of exploiting, trading and export of sand resources.The Official Letter took effect from the date of its promulgation.

Accordingly, the Prime Minister hereby guides the following specific contents:

Not exporting raw minerals (including sand); only export of deeply processed and valuable products. For silica white sand and yellow sand for casting, but have signed export contracts with foreign partners before September 15, 2017, in accordance with current export laws is permited to continue exporting.
The Ministry of Construction shall assume the prime responsibility, coordinate with concerned agencies in evaluating the overall supply and demand of silica sand in the world and in the domestic; to coordinate with the Ministry of Natural Resources and Environment in proposing solutions to exploit, process and use effectively and sustainably for socio-economic development; to promptly adjust the planning on the exploration, exploitation and use of minerals for use as construction materials and submit them to the Prime Minister for consideration and decision.
The Ministry of Construction need agree with the Ministry of Justice on study and elaboration of legal documents on conditions for export of minerals to be used as construction materials in accordance with regulations; to assume the prime responsibility and coordinate with the Ministry of Finance and concerned agencies in formulating mechanisms and policies on taxes, thus creating legal grounds for the management of sand resources.
The Ministry of Natural Resources and Environment shall coordinate with the Ministry of Construction and concerned ministries in studying the overall planning of minerals, including sand.

It can be seen that, through the issuance of Official Letter No.602/TTg-CN, the Prime Minister has specific and timely guidance, thereby contributing to improving management effectiveness of State agencies for the exploitation and use of sand resources is suitable with the social demands, at the same time ensuring the reduction of adverse impacts on the environment.

Major targets to improve the business environment, enhance national competitiveness

回答

On May 15, 2018, the Government issued Resolution No.19/2018/NQ-CP stipulating the continuation of major tasks and solutions to improve the business environment, enhance competitiveness. the year 2018 and the following years. This Resolution took effect from the date of its promulgation.

Accordingly, Resolution No.19/2018/NQ-CP provides details on the change of competitive environment of the 25 functional agencies in terms of improving their competitiveness, in which the tasks of the Ministry of Planning and Investment are as follows:

To assume the prime responsibility and coordinate with the Ministry of Finance, the Ministry of Labor – Invalids and Social Affairs, the Vietnam Social Insurance and concerned agencies in improving the index of business start-ups strictly forward set target;
To propose at least 50% reduction of information disclosure fee;
To assume the prime responsibility and coordinate with the concerned ministries and agencies in drafting the Law on amending and supplementing a number of articles of the Investment Law and the Enterprise Law by June 2019;
To assume the prime responsibility and coordinate with the Ministry of Justice, the Government Office and concerned ministries, reporting to the Government for submission to the National Assembly Standing Committee of the list of business lines which have been excluded from the list of conditional business lines;
To assume the prime responsibility and coordinate with the Supreme People’s Court to publish information on bankruptcy cases and the list of creditors at the National Business Information Portal.

Thus, it can be seen that Resolution No.19/2018/NQ-CP introduced the orientation to reduce the business conditions as well as the fee in information disclosure activities of enterprises, thereby expanding the rights of business freedom, enhance competitiveness and attract investment capital into Vietnam.

New regulations on professional qualifications in industrial explosive materials

回答

On May 15, 2018, the Government issued Decree No.71/2018/ND-CP detailing a number of articles of the Law on management and use of weapons, explosives and combat gears about industrial explosives and explosives precursors. The Decree took effect since July 1, 2018.

Accordingly, Decree No.71/2018/ND-CP specifies the professional qualifications in industrial explosive materials as follows:

Managers must have a university or higher degree in chemical specialties, weapons, ammunition, chemical technology in explosives, engineering, mining, mine technology, construction, transportation, irrigation, geophysics or petroleum.
Persons engaged in the analysis and testing of industrial explosive materials must have intermediate or higher degrees in chemical specialties, weapons, ammunition, chemical technologies in charge of explosives, engineering, mining, mine technology, geology or mine drilling.
Explosion commanders must have intermediate or higher level qualifications in the technical field. Specifically, for specialized techniques in weapons, ammunition, chemical technology in explosives, engineering, mining, mine technology, construction, transportation, irrigation, geophysics, petroleum or blasting drilling, explosion commanders must have direct use of industrial explosive materials for at least one year for persons with university or higher degrees and at least 2 years for a person have intermediate or college level; For other technical specialties, explosion commanders must have direct use of industrial explosive materials for at least 2 years for persons with university or higher degrees and at least 3 years for a person have intermediate or college level.
Mine workers must have a level of primary or higher level in chemical specialties, weapons, ammunition, chemical technology in explosives, engineering, mining, mine technology, construction, transportation, irrigation, geophysics, petroleum or blasting drilling or an intermediate or higher level in other specializations. The miners must have worked in mine service for at least 6 months.

With detailed and specific regulations, Decree No.71/2018/ND-CP is expected to create the necessary legal framework, thereby contributing to screening as well as improving professional qualifications and responsibility of those who work in industrial explosive materials; at the same time, tighten and improve the State management in this field.

Promulgating regulations on the application of the one-stop mechanism in Hanoi city

回答

On May 7, 2018, the People’s Committee of Hanoi issued Decision No.10/2018/ QD-UBND promulgating regulations on the application of the “one-stop” mechanism and the inter-agency one-stop mechanism in providing service at the pubilc non-business units, enterprises, cooperative units in Hanoi. The Decision took effect since May 17, 2018.

Accordingly, the Decision No.10/2018/QD-UBND stipulates the principle of applying the one-stop mechanism and the inter-agency one-stop mechanism as follows:

To publicize fully, timely, accessible, easy to exploit and use public service procedures in accordance with Decision of the provincial-level People’s Committee.
To ensure the prompt and convenient provision of public services to individuals and organizations.
Ensure close coordination among sections and individuals in the process of providing public services.
Charge and service charges shall be collected in strict accordance with regulations.

With detailed and specific regulations in principle, Decision No.10/2018/QD-UBND is important in the reform of administrative procedures, improving the efficiency of solving administrative procedures in Hanoi.

Establishing, implementing social conventions

回答

On May 8, 2018, the Prime Minister issued Decision No.22/2018/QD-TTg on the formulation and implementation of social conventions. The Decision took effect since July 1, 2018.

Accordingly, Decision No.22/2018/QD-TTg issued some important points as follows:

Clearly stipulating the treatment of violation conventions (illegal contents contrary to social morality, customs and practices on marriage and family applied in localities which approved by the People’s Council of the provincial-level or other good customs and practices in accordance with the provisions of law or in violation of regulations on voting and approval of social conventions. Accordingly, the violation conventions will be dealt with by the form of suspension, abolition. The competence, grounds and time limit for the settlement of the rural convention or violation convention are clearly stated in this Decision.
The implementing agencies shall assume the prime responsibility and guide the performance of the tasks of elaborating and implementing social conventions assigned to the Ministry and the Culture, Sports and Tourism Ministry. The Judicial Ministry and the Branch shall have to coordinate in examining and proposing the handling of violation conventions because they contain contents contrary to law, infringe upon human rights and citizenship.
To set funds for the performance of tasks of formulating and implementing the social conventions along the direction that the state budget shall cover state management activities; the population communities shall self-finance the construction and implementation of the social conventions; encouraging the support, contribution of funds and other necessary conditions in the elaboration and implementation of the social conventions.

Through specific and detailed regulations, Decision No.22/2018/QD-TTg has recognized the legality of a form of law commonly used in many localities, thereby improving the law observance of all citizens, supporting state agencies in dealing with cases that do not have legal documents to adjust.

The compensation liability of the person on duty causing damage

回答

On May 15, 2018, the Government issued Decree No.68/2018/ND-CP detailing a number of articles and measures to implement the Law on Compensation liability of the State. The Decree took effect since July 1, 2018.

Accordingly, Decree No.68/2018/ND-CP stipulates the compensation liability of the person on duty causing damage as follows:

– If the person on duty wrongfully causes damage, but not to the extent of being examined for penal liability, he/she shall have to repay:

– If the amount of compensation paid by the State exceeds 100 months’ salary of the person on duty, the reimbursement rate shall be 50 months’ salary of such person;

– If the amount of compensation paid by the State from 80 to 100 months’ salary of the person on duty, the reimbursement rate shall be from 40 to under 50 months’ salary, but not exceeding 50% of the compensation amount paid by the State;

– If the amount of compensation paid by the State from 60 to 80 months’ salary of the person on duty, the reimbursement rate shall be from 30 to under 40 months’ salary, but not exceeding 50% of the compensation amount paid by the State;

– If the amount of compensation paid by the State is less than 60 months’ salary of the person on duty, the reimbursement rate shall be equal to 50% of the compensation amount paid by the State.

Salaries to be reimbursed are based salaries multiplied to coefficients according to ranks and grades at the time of issuance Reimbursement Decision; if the person has ceased his/her job, the reimbursement rate shall be based on his/her salary at the time before the leave.

With specific and detailed regulations, Decree No.68/2018/ND-CP plays an important role in raising the sense of responsibility of the person on duty, contributing to the establishment of effective State management apparatus.

Implementing the Law on Support for small-and medium-sized enterprises in Hanoi

回答

On May 09, 2018, the People’s Committee of Hanoi issued Plan No.106/KH-UBND on implementation of the Law on Support for small-and medium-sized enterprises in Hanoi. This plan took effect from the date of its promulgation.

Accordingly, Plan No.106/KH-UBND has set up supporting tasks for small-and medium-sized enterprises in Hanoi as follows:

Propagate and disseminate the Law on Support for small-and medium-sized enterprises and relevant legal documents;
Support in accessing to credit;
Perfect the organizational model and operation mechanism of the credit guarantee fund for small-and medium-sized enterprises in the city according to Decree No.34/2018/ND-CP;
Support in tax and accounting;
Support in production premises;
Support in technology, incubators, technical facilities, common working areas;
Support in market expansion;
Support in information, counseling and legal support;
Support in human resources development;
Support small-and medium-sized enterprises to convert from household businesses;
Support small-and medium-sized enterprises to start their creative businesses;
Support small-and medium-sized enterprises in the city to participate in industrial linkage clusters and value chains

Therefore, it can be seen that the tasks set out in Plan No.106/KH-UBND cover all difficulties that small-and medium-sized enterprises can encounter and propose measures to support them, thereby creating conditions for these enterprises to develop and increase their competitiveness with foreign enterprises.

Product quality management, commodity specialized in information technology and tradition

回答

On May 08, 2018, the Ministry of Information and Communications issued Circular No.04/2018/TT-BTTTT regulating the list of potentially unsafe products and goods under the management of the Ministry of Information Information and Communication. The Circular took effect since July 1, 2018.

Accordingly, Circular No.04/2018/TT-BTTTT regulates the quality management of products and commodities specialized in information technology and tradition as follows:

The quality management of products and goods on the list of potentially unsafe products and goods under the management of the Ministry of Information and Communication shall comply with the regulations of the Ministry of Information and Communication on technical regulation conformity certification and conformity announcement for products and goods specialized in information and communication technology and relevant technical regulations and standards.
In cases where technical regulations are amended, replaced or replaced with technical regulations and standards specified in the list of potentially unsafe products and goods under the management of the Ministry Information and Communication shall apply the provisions of new technical regulations. In cases where there are new standards to be amended, supplemented or replaced, new standards shall be applied according to the regulations of the Ministry of Information and Communications.

Therefore, it can be seen that Circular No.04/2018/TT-BTTTT has tightened management over products and goods on the list of potentially unsafe products and goods under the management of the Ministry of Information and Communication, thereby contributing to ensuring safety and security in the field of communications.

Provisions on Permit for connection of railway lines

回答

On May 14, 2018, the Ministry of Transport issued Circular No.26/2018/TT-BGTVT regulating the conditions and procedures for connection of urban railways, specialized railways to national railway; the connection of urban railways system. The Circular took effect since July 1, 2018.

Accordingly, Circular No.26/2018/TT-BGTVT regulates the procedures of granting railway connection permits as follows:

Competence to grant Permit for connection to national railways shall belong to the Ministry of Communications and Transport; competence to grant Permit for connection to urban railways belongs to the provincial-level People’s Committees.
Organizations and individuals want to connect the railway lines shall make a dossier of application, submit the dossier directly or by post to a competent agency. Within 10 working days after receiving complete dossiers as prescribed, competent agencies shall grant Construction Permit according to set forms. In case of failure to issue a decision, a written reply must be made, clearly stating the reasons therefor.

With detailed and specific regulations, Circular No.26/2018/TT-BGTVT is expected to support organizations and individuals who want to connect to the national railway more easily when implementing this activity, thus attracting more investment capital into the development of the railway service system in Vietnam.