Legal Document Updates in English (16/2019)

TO NOT IMPORT OF WASTES THROUGH
ROAD AND RAILWAY BORDER GATES

On January 9, 2019, the Ministry of Industry and Trade issues the Circular No. 01/2019/TT-BCT prescribing the border gates for import of wastes.

TO CANCEL ALL ONGOING GROUNDWATER EXTRACTION ACTIVITIES
AT AREAS WITH CENTRALIZED LANDFILLS

From February 10, 2019, the restriction on groundwater extraction shall be implemented in accordance with the Decree No. 167/2018/ND-CP of the Government.

Regions, where groundwater extraction is restricted, are classified into the following: Restricted regions 1; Restricted regions 2; Restricted regions 3; restricted regions 4; Mixed restricted regions.

- Areas where an incident of land subsidence or depression or terrain deformation has occurred;

- Areas with centralized landfills;

- Areas with polluted groundwater extraction wells causing bad impacts on human health and surrounding organisms…

In addition, this Decree also carries out the regulation of canceling all ongoing groundwater extraction activities and carry out the treatment and filling of wells as prescribed;

ORDER OF PERFORMING INSPECTION FOR
FOOD OF PLANT ORIGIN INTENDED FOR EXPORT

On December 28, 2018, the Ministry of Agriculture and Rural Development issues the Circular No. 44/2018/TT-BNNPTNT on state inspection of safety for food of plant origin intended for export.

Order of performing inspection of food of plant origin intended for export is:

- Dossier submission and receipt of dossier processing results shall be carried out directly or by post or online at the public service portal;

- Within 1 working day after receiving the dossier, the inspection agency shall consider accepting it for settlement, if the dossier is valid, or notify the organization and individual of the contents to be added for dossier completion, if the dossier is invalid.

100% OF ADMINISTRATIVE DOCUMENTS
IS HANDLED BY ONLINE ADMINISTRATIVE PROCEDURES

On March 7, 2019, the Government issues the Resolution No. 17/NQ-CP regarding certain key tasks and measures of development of the Electronic Government for the Period 2019 – 2020 with vision towards 2025.

Accordingly, the objectives of the development of the Electronic Government for the period 2019 - 2020 are:

- Improving the capacity and quality of the specialized data transmission network service of the Party and State agencies;

- 20% of the people and businesses participating in the e-Government information system must be given smooth and uniform digital identity trust on all of government information systems from the central to local level;

- The ratio of documents processed online to the total number of documents needing to be handled according to administrative procedures of each ministry, sectoral administration or locality is expected to reach 20% or more; integrating 30% of level-3 or level-4 online public services of ministries, sectoral administrations and localities with the National Public Service portal; 100% of documents is handled according to administrative procedures online through the electronic single-window information system at the ministerial and provincial level…

This Resolution replaces the Resolution No. 36a/NQ-CP of the Government on Electronic Government.

This Resolution takes effect on March 07, 2019.

INSTRUCTION FOR COLLECTION OF CHILDREN’S OPINIONS
ON PROMULGATING RELATED POLICIES

Circular No. 36/2018/TT-BLDTBXH dated December 26, 2018 of the Ministry of Labor, Invalids and Social Affairs on guiding the collection of children’s opinions during the formulation of programs, policies, legal documents, decisions and socio-economic development master plans and plans on or related to children.

Drafting agencies shall directly organize the collection of children’s opinions in one or more than one of the following forms: Polls for collection of children’s opinions; forums, conferences, seminars and workshops; via telephone; via the Internet; other forms as prescribed by law.

Agencies, organizations, educational institutions, families and individuals shall create conditions for and encourage children to contribute their opinions during the formulation of documents on or related to children.

ESTABLISHMENT OF THE STOCK EXCHANGE OF VIETNAM 

On January 7, 2019, the Prime Minister issues the Decision No. 32/QD-TTg on approving the proposal for establishment of the Stock Exchange of Vietnam.

Accordingly, the Stock Exchange of Vietnam shall operate in the model of a wholly state-owned limited liability company and in the form of a parent – subsidiary company managed by the Ministry of Finance as the state capital owner’s representative, and shall be based in Hanoi.

DISMISS THE HANDLER LET DENOUNCER
BE REVENGED WITH AN INFIRMITY RATE FROM 61%

The Government issues the Decree No. 31/2019/ND-CP on guidelines for implementation of the law on denunciation on April 10, 2019.

Accordingly, this Decision regulates 03 form of sanction for denunciation handler are reprimand, warning, dismissed.

For the highest sanction of dismissed, it shall be apply for the competent handler if he/she commits one of these following violations:

- Deliberately fail to settle denunciations or deliberately settle denunciations against the law, thereby disturbing social order and threatening security;

- Deliberately ignore evidence, omit information and documents, lose or falsify case files; protect the denounced party that disturbs social order and threatens security;

Specially, the handler fail to adopt measures to protect the denouncer within his/her power, therefore, the denouncer is taken revenge on or victimized, thus resulting in deliberate infliction of bodily harm with an infirmity rate of at least 61% or death shall be dismissed.

In this Decision also states the criteria to determine the complicated case. If one of the following criteria is met: the denunciation is aimed at 02 contents or more that have to be verified; multiple denouncers make a denunciation aimed at the same content or the denunciation contents are related to rights and interests of multiple persons…the case shall be determined as complicate.  A case shall be deemed particularly complicated if at least 02 criteria of complicated case are met.

This Decree takes effect on May 28, 2019.