Legal Document Updates in English (01/2019)

No. 01(396) – JANUARY, 2019

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NUMBER

TITLE

 

In This Updates:

LAND – HOUSING

 

LAND – HOUSING

1

35/2018/QH14

Law No. 35/2018/QH14 dated November 20, 2018 of the National Assembly on amendments to some articles concerning planning of 37 Laws

 


The orientations of the plan of using national land cover a period of 50 years

 

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

165/2018/ND-CP

Decree No. 165/2018/ND-CP dated December 24, 2018 of the Government on e-transactions in financial activities

 

Criteria for an e-document valid as an original

Page 2

3

109/2018/TT-BTC

Circular No. 109/2018/TT-BTC dated November 15, 2018 of the Ministry of Finance on providing guidance on accounting regimes of accumulated funds for repayment of debts

 

Accounting regimes of accumulated Funds for repayment of debts

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

4

39/2018/TT-BYT

Circular No. 39/2018/TT-BYT dated November 30, 2018 of the Ministry of Health on unifying prices of medical examination and treatment services covered by medical insurance among hospitals of the same class across the country and guidelines for applying prices and payment for medical services in certain cases

 

Price for medical examination service is VND 26.000/time

Page 3

5

37/2018/TT-BYT

Circular No. 37/2018/TT-BYT dated November 30, 2018 of the Ministry of Health on prescribing ceilings of the range of prices of medical services outside of the scope of coverage by the health insurance fund at state-owned healthcare establishments and providing guidance on pricing and payment of costs of medical services in certain cases

 

From January 15, 2019, apply new hospital fees for patients without health insurance

Page 3

INDUSTRY

 

INDUSTRY

6

46/2018/TT-BCT

Circular No. 46/2018/TT-BCT dated November 15, 2018 of the Ministry of Industry and Trade on amendments and supplement to the Circular No. 21/2015/TT-BCT dated June 23, 2015 by the Minister of Industry and Trade  regulating pricing method for electric power system's ancillary services and procedures for scrutinizing a contract for the provision of electric power systems ancillary services

 

Pricing method for electric power system's ancillary services

Page 3

SUMMARY:

Ü LAND – HOUSING


THE ORIENTATIONS OF THE PLAN OF USING NATIONAL LAND
COVER A PERIOD OF 50 YEARS

The Law No. 35/2018/QH14 on amendments to some articles concerning planning of 37 Laws is approved by the National Assembly on November 20, 2018.

This Law amends and supplements some regulation of planning the land using in the 2013 Land Law as follow:

The land use planning covers a period of 10 years. The orientations of the national and district land use planning cover a period of 30 - 50 years and 20 - 30 years respectively.

The national land use plan, provincial land use plan, plan for use of land for national defense purpose and plan for use of land for security purpose cover a period of 05 years. The district land use plan is formulated on an annual basis.

In addition, this Law adjusts the land use planning and plans as follow:
 

- National land use planning, planning for use of land for national defense purpose and planning for use of land for security purpose shall be adjusted as prescribed by the law on planning;

- Adjustments to the district land use planning shall be made if one of the following bases is available:

+ Adjustments to any socio - economic development, national defense and security strategy, national planning, regional planning or provincial planning change the land use structure;

+ Natural disasters or war change the land use purposes, structure, locations and area;

+ Adjustments to administrative divisions are made.

This Law takes effect on January 01, 2019.

Ü FINANCE – BANKING

 

CRITERIA FOR AN E-DOCUMENT VALID AS AN ORIGINAL

On December 24, 2018, the Government issues the Decree No. 165/2018/ND-CP on e-transactions in financial activities.

Accordingly, an e-document is valid as an original when:

- It bears digital signatures of the agency, organization or individual that has created it and related responsible agencies, organizations and individuals as prescribed by the specialized laws;

- The information system has measures to ensure its integrity in the course of transmitting, receiving or storing it in the system…

- Another measure which is agreed upon by the parties to the transaction to be applied to ensure the integrity of data, and authenticity, irrevocability and compliance of the e-document with the Law on E-Transactions.

This Decree also states that a paper document may be converted into an e-document by the method of copying and conversion into a file in the information system, or contents of a paper document may be converted into data for storage in the information system.

This Decree takes effect on February 10, 2019.

 

ACCOUNTING REGIMES OF ACCUMULATED FUNDS
FOR REPAYMENT OF DEBTS

Accounting regimes of accumulated funds for repayment of debts is guided by the Ministry of Finance at the Circular No. 109/2018/TT-BTC dated November 15, 2018.

Accordingly, the accounting period includes accounting year or accounting quarter. To be specific: Accounting year is 12 months from January 01 to end of December 31 in a calendar year; Accounting quarter is three months from the start of the 1st day of the initial month of a quarter to the last day of the last month of that quarter.

When preparing accounting documents, the accountant must ensure the principles:

- All economic and financial transactions related to the Fund’s operations must be recorded in accounting documents. Each accounting document shall be prepared once to reflect an economic or financial transaction that may arise;
 

- Contents of each accounting document must be transparent and consistent with contents of economic or financial transactions that may arise;

- Texts inscribed on accounting documents must be clear and any erasure or abbreviation shall be prohibited;

- The amount written in words must be identical to the amount written in numbers;

- Each accounting document must have the required number of copies. As for accounting documents that need multiple copies, the same contents must be inscribed on these copies at once by using computers…

- Accounting documents prepared by computers must include prescribed information and ensure their legality…

This Circular takes effect on January 01, 2019.

Ü  MEDICAL – HEALTH


PRICE FOR MEDICAL EXAMINATION SERVICE
IS VND 26.000/TIME

From January 15, 2019, the prices of medical examination and treatment services covered by medical insurance among hospitals of the same class across the country and guidelines for applying prices and payment for medical services in certain cases is followed regulations in the Circular No. 39/2018/TT-BYT dated November 30, 2018 of the Ministry of Health.

Price for medical examination service ranging from VND 26.000 - 37.000 depends on the facilities. The price for consultation for determining tough cases (expert/case; only apply to the case in which external experts are invited) is VND 200.000/case.

The price for hospital stay for internal medicine treatment in the communicable diseases department, respiratory department, cardiology department, psychiatric department, pediatric department, gastroenterology department, nephrology department and endocrinology department…
 

is form VND 144.000  (Class IV hospitals) to VND 232.000 (Specially-classed hospitals).

Medical aid stations in communes and towns, medical aid stations in companies, agencies, organizations, schools and civil-military medical aid stations shall apply the medical service prices is equal to 70% of such price specified in Appendix III.

For the medical aid stations having patient beds shall apply the price equal to 50% of the price for hospital stay of type 3 inpatient bed issued by class IV hospitals. An outpatient can only be confined to a bed for maximum 3 days for each medical treatment. Payment for medical examination service is not required if the price for outpatient bed in commune medical aid stations is paid.

This Circular is issued on November 30, 2018.


FROM JANUARY 15, 2019, APPLY NEW HOSPITAL FEES
FOR PATIENTS WITHOUT HEALTH INSURANCE

On November 30, 2018, the Ministry of Health issues the Circular No. 37/2018/TT-BYT of on prescribing ceilings of the range of prices of medical services outside of the scope of coverage by the health insurance fund at state-owned healthcare establishments and providing guidance on pricing and payment of costs of medical services in certain cases.

Accordingly, if the patients have not yet participated in health insurance or health insurance card holders that use medical services outside of the scope of coverage by the health insurance fund, the ceiling price for those medical services are:

- The ceiling price for medical services at hospitals, medical establishments is VND 26.000 - 37.000/time.
 

- The ceiling price for inviting other unit’s expert to consult at medical examination and treatment establishments to identify difficult cases is VND 200.000 (expert/case).

- The ceiling price for examination of medical certification, medical assessment (excluding tests, X-rays); Comprehensive medical examination of labor, driving, periodical health examination (excluding tests, X-rays) is VND 145,000/time;

- The ceiling price for comprehensive health examination for export workers (excluding tests, X-rays) is VND 420,000/time.

This Circular takes effect on January 15, 2019.

Ü  INDUSTRY

 

PRICING METHOD FOR ELECTRIC POWER SYSTEM'S
ANCILLARY SERVICES

On November 15, 2018, the Ministry of Industry and Trade issues the Circular No. 46/2018/TT-BCT on amendments and supplement to the Circular No. 21/2015/TT-BCT dated June 23, 2015 by the Minister of Industry and Trade regulating pricing method for electric power system's ancillary services and procedures for scrutinizing a contract for the provision of electric power systems ancillary services.

This Circular supplements provision on method for long-term pricing of ancillary services as follows:

- The period for long-term pricing is equal to the effective period of the contract for the provision of long-term ancillary services specified in the Contract for provision of ancillary services;
 

- The pricing of a long-term ancillary service shall be calculated every year, commencing from the first year of the pricing period until the end of the contract’s period;

Fixed price, total fixed income, fixed asset depreciation cost, interest cost, fixed material cost, salary cost, major repair cost, outsourced service cost, other monetary costs, and profits in each year of the pricing period shall be calculated according to prices of fast start-up service and regular must-run generation service.

This Circular takes effect on January 01, 2019.

 

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