Vietnamese
No. 11 (406) – MARCH 2019
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NUMBER |
TITLE |
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In This Updates: |
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FINANCE – BANKING |
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FINANCE – BANKING |
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19/2019/ND-CP |
Decree No. 19/2019/ND-CP dated February 19, 2019 of the Government on tontine |
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Page 2 |
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05/2019/TT-BTC |
Circular No. 05/2019/TT-BTC dated January 25, 2019 of the Ministry Of Finance on accounting instructions for microfinance institutions |
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Page 2 |
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COMMERCE |
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COMMERCE |
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22/2018/TT-BLDTBXH |
Circular No. 22/2018/TT-BLDTBXH dated December 06, 2018 of the Ministry of Labor, War Invalids and Social Affairs on the List of potentially unsafe products and goods… |
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Page 2 |
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TRANSPORT |
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TRANSPORT |
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03/2019/TT-BGTVT |
Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Ministry Of Transport on road traffic-related natural disaster management and recovery |
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Page 3 |
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EDUCATION – TRAINING – VOCATION TRAINING |
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EDUCATION – TRAINING – VOCATION TRAINING |
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89/QD-TTg |
Decision No. 89/QD-TTg dated January 18, 2019 of the Prime Minister on approving the proposal for enhancing competencies of lecturers and administrators of higher education… |
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Page 3 |
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6 |
34/2018/QH14 |
Law No. 34/2018/QH14 dated November 19, 2018 of the National Assembly on amendments to the Law on Higher Education |
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Page 3 |
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CRIMINAL |
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CRIMINAL |
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02/2019/NQ-HDTP |
Resolution No. 02/2019/NQ-HDTP dated January 11, 2019 of the Council Of Judges of the Supreme People’s Court on guidelines for application of Article 150 concerning human trafficking and Article 151 concerning trafficking of a person under 16 of the Criminal Code |
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Page 4 |
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JUSTICE |
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JUSTICE |
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24/2019/ND-CP |
Decree No. 24/2019/ND-CP dated March 05, 2019 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Adoption Law |
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Page 4 |
SUMMARY:
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Decree No. 19/2019/ND-CP of on tontine is approved by the Government on February 19, 2019 and takes effect on April 05, 2019. This Decree regulates on eligibility requirements of tontine participants, tontine holders; participation to and withdrawal from tontine; tontine agreements; annuity-receiving order and interest-receiving order; rights and obligations and legal liability of tontine participants and holders. Accordingly, the interest rate in interest-bearing tontine is agreed by the tontine members or offered by every tontine member in order to receive the annuities at each tontine |
opening but not exceeding 20% per year of total value of annuity shares to be contributed less contributed annuity shares of the remaining period of the tontine group. If the maximum interest rate is governed by the competent authority under Clause 1 Article 468 of the Civil Code, such interest rate shall prevail. If the interest rate agreed by the tontine members or offered by every tontine member in order to receive the annuities at each tontine opening exceeds the maximum interest rate prescribed in Clause 1 Article 1 of this Decree, such interest rate shall not apply. |
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On January 25, 2019, the Ministry Of Finance issues the Circular No. 05/2019/TT-BTC accounting instructions for microfinance institutions. Accordingly, opening and writing of accounting books are implemented as follow: - Accounting books must be opened at the beginning of an accounting year. As for newly-established microfinance institutions, accounting books must be opened from the establishment date. Legal representatives and chief accountants of microfinance institutions shall be responsible for signing accounting books for ratification purposes. Accounting books may exist in the form of pages bound together into a book or separate sheets. Pages after being used must be bound into books for archive purposes. - Writing of accounting books must be based on accounting documents proved to conform to regulations on accounting |
documents. All data input in accounting books must be proved by legitimate and relevant accounting documents. - Book closure: At the end of an accounting period, accounting books must be closed before preparation of financial statements. In addition, accounting books must be closed in case of inspection or in other cases in accordance with laws. Bookkeepers of accounting service providers must sign and clearly give the numbers of their practicing certificates, names and addresses of accounting service providers. In addition, this Circular also regulated on the system of bookkeeping accounts, financial statements… This Circular takes effect on April 1, 2019 and apply in the financial year starting on January 1, 2020. |
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Ü COMMERCE
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19 PRODUCTS AND GOODS OF POTENTIALLY UNSAFE |
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On December 06, 2018, the Ministry of Labor, War Invalids and Social Affairs issues the Circular No. 22/2018/TT-BLDTBXH on the List of potentially unsafe products and goods under the management of Ministry of Labor, War Invalids and Social Affairs. The List of 19 products and goods of potentially unsafe includes: - Lifts and their safety components; - Escalators; moving walkways and their safety components; - Boilers with nominal working pressure exceeding 0.7 bar; |
- Containers for compressed gas with nominal working pressure exceeding 0.7 bar; - Vessels, reservoirs, vats and tankers with nominal working pressure exceeding 0.7 bar; - Electric pulleys and hoists… State inspection of quality before customs clearance must be conducted for all these products and goods above on the basis of certification and/or inspection results provided by designated certification body/ inspection body. This Circular takes effect on February 01, 2019. |
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On January 11, 2019, the Ministry Of Transport issues the Circular No. 03/2019/TT-BGTVT on road traffic-related natural disaster management and recovery. According to the Circular, in the process of surveying and designing new road works, related entities need to aware in: - When designing waterway opening, avoid restricting the natural flow of rivers and streams so as not to affect the flood drainage and erode bridge abutments and piers. Calculate the depth of erosion under the bridge abutments and piers to ensure that the elevation of the foundation is lower than river bed level after eroding a safe depth depending on the type of foundation; |
- Regarding road works, ensure adequate quantity of ditches (longitudinal ditches, horizontal ditches, middle ditches) with the drainage area and structure sufficient for water to flow through in the event of heavy rain and flood; - The road foundation must be higher than the maximum calculated water level in the event of a natural disaster. In the cases where it is compulsory to let water overflow the road foundation, measures should be taken to protect the road such as paving, and the kerb should be resistant to erosion and road foundation soil should be stabilized to withstand the vehicle load under the condition that the foundation soil is full of water; |
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Ü EDUCATION – TRAINING – VOCATION TRAINING
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On January 18, 2019, the Prime Minister issues the Decision No. 89/QD-TTg on approving the proposal for enhancing competencies of lecturers and administrators of higher education institutions meeting requirements for radical changes in education and training during the period of 2019 – 2030. This Decision carries out a number of objects, such as: expect 80% of lecturers of culture, arts and physical education and sports schools to obtain master's degree or higher receive full-time training programs provided by foreign educational institutions; Provide the doctoral level training for about 10% of higher education lecturers, of which 7% of lecturers are trained full time abroad; attract at least 1,500 scientists and doctorate degree holders who are working abroad or domestically |
outside of higher education institutions to work at Vietnamese higher education institutions… To gain the above objects, the Prime Minister requires the Ministries, branches and related units to ensure the autonomy of higher education institutions in the selection, approval and listing of lecturers qualified for being sent to take part in doctoral and master's degree training programs organized in foreign universities; Provide physical and spiritual advantages for scientists and doctorate degree holders qualified to become lecturers at higher education institutions in Vietnam… |
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On November 19, 2018, the National Assembly approves the Law No. 34/2018/H14 on amendments to the Law on Higher Education. One of the important amendment in this Law is the expansion of the autonomy of higher education institutions. Accordingly, higher education institutions have the autonomy and accountability under legal regulations; Organizations and individuals shall respect and protect these autonomy. Under this Law, higher education institutions autonomy include promulgating and organizing implementation ofquality policies |
and standards; promulgating and organizing implementation of quality policies and standards; employing and dismissing lecturers and other employees ; deciding tuition fees and scholarships… Moreover, along with autonomy, higher education institutions have the responsibility to provide information for learners, the public, competent authorities, the owner and relevant parties. The Government shall elaborate regulations on autonomy and accountability of higher education institutions. This Law takes effect on July 01, 2019. |
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Ü CRIMINAL
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06 FACTORS IN DETERMINING SENTENCE BRACKET |
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Resolution No. 02/2019/NQ-HDTP of the Council Of Judges of on guidelines for application of Article 150 concerning human trafficking and Article 151 concerning trafficking of a person under 16 of the Criminal Code is issued by the Supreme People’s Court on January 11, 2019 and takes effect on March 15, 2019. Accordingly, 06 factors in determining sentence bracket are: - “Organized crime” specified in Point a Clause 2 Article 150 and Point a Clause 3 Article 151 of the Criminal Code means a form of complicity in which the accomplices cooperate closely and assign their determined roles in committing the crime; |
- “Because of despicable motives” specified in Point b Clause 2 Article 150 and Point g Clause 2 Article 151 of the Criminal Code means that the offender commits an offense for retaliation; the offender commits an offense to avoid responsibility; the offender commits an offense against the person he/she is indebted to or commits other offenses representing faithlessness and treachery; - Taking victim out of the Socialist Republic of Vietnam’s territory; - Committing offense more than once; - In a professional manner; - Taking body parts of victim. |
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Ü JUSTICE
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TO CHANGE PROVISION ON CHILDREN |
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The Government issues the Decree No. 24/2019/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP dated March 21, 2011 on detailing a number of articles of the Adoption Law, which takes effect on April 25, 2019. Accordingly, to amend and supplement Clause 1, Article 3 as follows: “1. Children with disabilities or life-threatening diseases eligible to specific adoption under Point d, Clause 2, Article 28 of the Adoption Law include children with harelip and cleftpalate; children blind in one eye or both eyes; dumb or deaf children; |
children with crooked legs or arms; children without toes, feet, fingers or hands; HIV-infected children; children suffering cardiac diseases; children without anus or sexual organ; children suffering blood diseases; and children with other disabilities or other life-threatening diseases requiring urgent or lifetime treatment.” In addition, this Decree also amends some provisions on support, receipt, management and use of humanitarian assistance at nurturing centers; checking and finding of persons to adopt children… |
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