Legal Document Updates in English (15/2019)

SUPPORT 100% OF TUITION FEES
FOR BUSINESS STARTUP AND GOVERNANCE TRAINING COURSE

On March 29, 2019, the Ministry of Planning and Investment issues the Circular No. 05/2019/TT-BKHDT on guiding support for human resource development for small- and medium-sized enterprises.

Trainees can apply for online training programs and training programs via the mass media. Employees and managerial officials of small- and medium-sized enterprises shall be provided with accounts to join in online training system on the website platform or smart mobile devices.

Besides, this Circular also carries out regulations on re-training in the provision of support for small- and medium-sized enterprises for cadres, civil servants and public employees, management of training activities…

INSTRUCTION FOR PAYMENTS
UNDER BUILD-TRANSFER CONTRACT 

The Government issues the Resolution No. 160/NQ-CP on the use of public assets as payments for investors that implement construction investment projects under build-transfer contracts on December 28, 2018.

Accordingly, the using of public assets as payments for investors that implement construction investment projects under build-transfer contracts (below referred to as BT contracts) is conducted as follow:

payments shall continue to be made in accordance with the signed BT contract.

- For BT contracts signed on or after January 1, 2018, and containing provisions on use of public assets for payment, ministries, sectors and localities are requested to review contents of such contracts. In case any content of such contract is incompliant with law, a negotiation shall be carried out to modify such content in compliance with the laws regulations…

ONLY IMPORT USED MACHINERY
AND EQUIPMENT AGED UNDER 10 YEARS 

The Prime Minister issues the Decision No. 18/2019/QD-TTg import of used machinery, equipment and technological lines on April 19, 2019.

Accordingly, used machinery and equipment are allowed to be imported if its age does not exceed 10 years. In addition, apart from the import documents prescribed by the Law on customs, the importer must submit additional documents, including:

- The copy of the Certificate of enterprise registration bearing the importer’s seal. In case of entrusted import, the import entrustment agreement must be submitted;

machinery or equipment are conformable with Article 6 of this Decision if the machinery or equipment to be imported have been manufactured in any G7 countries or Korea.

- The inspection certificate issued by a designated inspection body that meet the requirements laid down in Article 11 hereof if the machinery or equipment to be imported has been manufactured in any G7 countries or Korea without the manufacturer's certification or the machinery or equipment to be imported has been manufactured in a country other than G7 countries and Korea.

BY 2015, 100% OF THE UNIVERSITY GRADUATES
MEET THE FOREIGN LANGUAGES OUTPUT STANDARDS

This is the requirement carries out by the Prime Minister in the Decision No. 69/QD-TTg dated January 15, 2019 on approving the 2019-2025 Scheme for Higher Quality of University Education.

Accordingly, the objectives toward 2025 are:

- 100% of the university graduates meet the output standards, including foreign languages, informatics, and soft skills to be ready for participation in the labor market;

 

4 CASES OF REVOKING THE STE CERTIFICATE

On February 01, 2019 the Government issues the Decree No. 13/2019/ND-CP on science and technology enterprises.

Accordingly, the STE Certificate shall be revoke in the following case:

- Such enterprise has its certificate revoked;

- The enterprise fails to send reports for 3 consecutive years as regulated;

Especially, if the profit earned from production of and trade in science and technology products fails to account for at least 30% of total revenue of the enterprise in 5 consecutive years; except for the case in which the enterprise has operated less than 5 years from the day on which the STE Certificate is issued;

In case of certificate revocation, the enterprise shall not continue to enjoy benefits from incentive and support policies intended for STEs. Besides, this Decree also regulate on issue, change, re-issue the STE Certificates.

APPRAISAL OF RENOVATION IN 7 WORKING DAYS
FOR THE RELIC LIKELY TO BE DESTROYED

On December 25, 2018, the Government issues the Decree No. 166/2018/ND-CP on prescribing the competence, order and procedures for formulation, appraisal and approval of master plans and projects on conservation, renovation and restoration of historical-cultural relics and sightseeing spots.

Accordingly, appraisal time of projects and techno-economic reports on relic conservation, renovation and restoration are:

a document stating its recommendations for dossier supplementation;

- For provincial-level relics: Within 20 working days after receiving a valid dossier, the director of the provincial-level Department of Culture, Sports and Tourism or Department of Culture and Sports shall appraise the dossier and summarize appraisal results by issuing a written consent or a document stating its recommendations for dossier supplementation;

- In case the relic is likely to be destroyed or needs to be urgently renovated or embellished serving a special political task, the time limit for appraisal of the project or techno-economic report on relic conservation, renovation and restoration is 7 working days.

TO REDUCE SPECIALIZED INSPECTION FOR COMMODITIES

On March 29, 2019, the Ministry of Industry and Trade issues the Decision No. 765/QD-BCT on promulgating list of commodities (enclosed with HS codes) eligible for reduced specialized inspection under the management of the Ministry of Industry and Trade.

- Ties, bow ties and cravats which made of silk or silk waste, man-made fibers or other textile materials;

- Gloves, mittens and mitts which is Protective work gloves, mittens, mitts and others;

- Handkerchiefs made of cotton or other textile materials…

THE CERTIFICATE FOR AQUACULTURE
SHALL BE VALID FOR 24 MONTHS 

On March 08, 2019, the Government issues the Decree No. 26/2019/ND-CP on guidelines for implementation of the Law on Fisheries.

Accordingly, the certificate of eligibility for aquaculture shall be valid for 24 months. The procedure for granting this certificate is as follows:

Within 10 working days from the receipt of the satisfactory application, the fishery authority of the province shall carry out a site inspection at the establishment and issue the certificate if the establishment satisfies all eligibility requirements.

The certificate shall be revoked in one of the following cases: the certificate’s contents are erased or changed or the establishment no longer satisfies eligibility requirements or the establishment commits other violations, which result in the revocation of the certificate.

This Decree takes effect on April 25, 2019.