Legal Document Updates in English (12/2019)

DETERMINATION OF STATE CAPITAL OF
EQUITIZED ENTERPRISES BEING CREDIT INSTITUTIONS

The State Bank of Vietnam issues the Circular No. 30/2018/TT-NHNN the determination of state capital of equitized enterprises being credit institutions.

According to the Circular, equitized enterprises being credit institutions, including Single-member limited liability companies with 100% state-owned charter capital; Single-member limited liability companies with 100% state enterprise-invested charter capital.

State capital of equitized enterprises being credit institutions is determined as the balance of the following accounts:

LIST OF MODERN MEDICINES, BIOLOGICALS,
RADIOPHARMACEUTICALS AND TRACERS COVERED BY HEALTH INSURANCE

On October 30, 2018, the Ministry of Health issues the Circular No. 30/2018/TT-BYT on promulgation of the List of modern medicines, biologicals, radiopharmaceuticals and tracers covered by health insurance, insurance coverage ratio and payment conditions thereof.

Accordingly, list of modern medicines, biologicals, radiopharmaceuticals and tracers covered by health insurance includes: anesthetics, muscle relaxants and reversal of neuromuscular blockade medications;

GOODS WHICH VIOLATING REGULATIONS
ON GOODS LABELS SHALL BE DESTROYED 

On December 18, 2018, the Ministry of Science and Technology issues the Circular No. 18/2018/TT-BKHCN on guidelines for implementation of a number of articles of Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for administrative violations against regulations on standards, measurement and quality of goods.

THE CHARTER CAPITAL OF
THE VIETNAM TOURISM DEVELOPMENT FUND IS VND 3 BILLION

The Prime Minister issues the Decision No. 49/2018/QD-TTg on establishing, and approving the organization and operation charter of the Vietnam Tourism Development Fund on December 12, 2018.

The Vietnam Tourism Development Fund (below referred to as the Fund) is a state-run off-budget financial fund operating after the model of single-member limited liability company with 100% of charter capital held by the State and having the Ministry of Culture, Sports and Tourism acting as the representative of the owner.

The Fund shall operate after the model of, and implement the financial mechanism applicable to, single-member limited liability companies with 100% of charter capital held by the State, operating not-for-profit purposes, conserving charter capital and covering management expenses by itself.

The charter capital of the Fund is VND 300,000,000,000 (three hundred billion) and shall be allocated from the central budget in 3 years after its establishment.

This Decision takes effect on February 1, 2019.

THE PROCEDURE OF COORDINATION AND EXCHANGE
OF INFORMATION ABOUT CRIMINAL CASES

The Supreme People’s Procuracy - The Ministry Of Public Security - The Ministry Of National Defense - The Government Inspectorate issue the Joint Circular No. 03/2018/TTLT-VKSNDTC-BCA-BQP-TTCP       on prescribing coordination between investigation bodies, Procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection.

This Circular states that the investigation bodies, Procuracies and inspectorates are responsibility for coordination in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection.

COORDINATION BETWEEN INVESTIGATION BODIES
AND PROCURACIES IN INITIATE A CRIMINAL CASE

On October 19, 2018, the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense issue the Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP on prescribing coordination between investigation bodies and Procuracies in implementing a number of provisions of the Criminal Procedure Code.

Accordingly, within 3 days after receiving a decision to initiate a criminal case and relevant documents from an investigation body, a Procuracy shall consider and carry out the following activities:

- If finding such decision grounded and lawful, the Procuracy shall issue a decision to assign a procurator or examiner to exercise the right to prosecution and supervision of the initiation and investigation of the criminal case and send it to the investigation body;

MODEL POWER PLAN AGREEMENT APPLIED
TO ROOFTOP SOLAR POWER PROJECTS 

On March 11, 2019, the Ministry of Industry and Trade Circular No. 05/2019/TT-BCT on amend and supplement the Circular No. 16/2017/TT-BCT dated September 12, 2017 of the Minister of Industry and Trade on project development and model power purchase agreements applied to solar power projects.

 

Accordingly, this Circular supplement the content of the Model Power Plan Agreement applied to rooftop solar power projects. To be specific, the Agreement includes 07 Article: Sold and purchased power, Electricity selling price, Record of the meter, power generated on the grid and billing, Rights and obligations, Agreement duration…

03 KEY AQUATIC ANIMALS FOR AQUACULTURE

On December 13, 2018, the Prime Minister issues the Decision No. 50/2018/QD-TTg on prescribing key aquatic animals for aquaculture.

This Decision details Clause 4, Article 38 of the Law on Fisheries, prescribing key aquatic animals for aquaculture. To be specific, 03 key aquatic animals for aquaculture are: Giant tiger prawn, White-legged shrimp, and Striped catfish.

Accordingly, key aquatic animals for aquaculture must satisfy the following criteria:

- Being on the list of aquatic species permitted for trading in Vietnam;