Legal Document Updates in English (20/2019)

TO PUBLIC INFORMATION ON CONSULTING SUPPORTS
FOR SMES WITHIN 10 WORKING DAYS
 

On March 29, 2019, the Ministry of Planning and Investment issues the Circular No. 06/2019/TT-BKHDT dated March 29, 2019 of the Ministry of Planning and Investment on guiding the Scheme for organization and operations of the consultant network, supporting small and medium-sized enterprises with consultant via network.

Accordingly, when enterprises submit the application for consulting, the supporters shall consider, approve the applications via the criteria such as: suggested charges, settlement application. The supporting agencies shall have decisions on approving the consulting support for enterprises with clearly time, limitation of support or the deduction in charges of consulting…

Within 10 working days from the date on which the consultancy support approved, the SME supporting body shall publish information about the support on its website and SMEs assistance national portal. Enterprises shall sign, implementation, approve and make payment for the contracts…

Besides, the Circular also prescribes the regulations on receive requirements on consulting and supporting the SMEs; provide state management on consulting and supporting the SMEs.

THE STATE-OWNED OLD HOUSES RENT DURATION
IS 05 YEARS
 

This is the new regulation approved by the Government on the Decree No. 30/2019/ND-CP dated March 28, 2019 on amending and supplementing a number of the Decree No. 99/2015/ND-CP dated October 20, 2015 of the Government on detailing and guiding the implementation of a number of article of the Housing Law which takes effect on May 15, 2019.

Accordingly, the state-owned old houses rent duration is amended so that the house rent duration is 05 years from the contract’s signing date, except for the case the lessee has the wish to rent in a shorter duration.

In the expiration of the contract and the lessee still satisfied the rent condition and wishes to rent the house, the contract shall be renew with the same duration as the former one, except for the case of retrieval as regulation of law.

This Decree also supplements the Article 57a on determination the time of allocation to use state-owned old houses in case the current user has the rent contract and named in such contract; in case the current user has no contract but named in the allocation document…

TO DESCRIBE MAJOR RISKS OF THE PROJECT IN FEASIBILITY STUDY REPORTS
OF INVESTMENT PROJECTS
 

On May 23, 2019, the Ministry of Transport issues the Circular No. 19/2019/TT-BGTVT on guiding in detail investment fields and contents of feasibility study reports of investment projects in the form of public-private partnership in the transport sector.

Accordingly, identification of potential risks must be conduct throughout the project duration and assess impacts on the project. These contents shall be tabulated to assign the responsibility for the project risks, including:

- To systematically identify such major risks of the project as legal risks; social risks; risk in land use rights;

06 EXPENSES EXCLUDED FROM OPERATION EXPENSE
OF CREDIT GUARANTEE FUNDS
 

Decision No. 15/2019/TT-BTC on providing instructions for financial management and operation assessment of credit guarantee funds for small and medium-sized enterprises is issued by the  Ministry of Finance on March 18, 2019.

Accordingly, there are 06 expenses shall not be included in the operating expenses of the credit guarantee funds. These are:

- Damages already supported by the State or compensated by insurance agencies or damage-causing parties.

- Payment of fines due to administrative violations, including: Violating traffic laws, violating the law on accounting and statistics and other administrative violations according to provisions under law.

MAXIMUM REMUNERATION FOR AUTHORS OF FOREIGN LANGUAGE TEXTBOOKS
IS VND 450,000/LESSON
 

On May 23, 2018, the Ministry of Finance issues the Circular No. 51/2018/TT-BTC providing guidelines on management and use of funding for implementing the Decision No. 2080/QD-TTg dated December 22, 2017 of the Prime Minister on approving amendments and supplements to the Scheme of teaching and learning foreign languages in the national education system for the period of 2017-2025.

Accordingly, for preschool and high school education, expenditures for developing curriculum, textbooks, workbooks, teachers' books, learning materials and instructions for teaching and learning foreign languages

TO STRIVE SO THAT BY 2025, NON-PUBLIC HIGHER EDUCATION INSTITUTIONS
IS EXPECTED TO REACH 30%
 

On June 04, 2019, the Government approves the Resolution No. 35/NQ-CP on strengthening mobilization of social resources for investment in education and training development in the period of 2019 – 2025.

Specific objective of the Government is to enhancing mobilization of social resources, promoting the development of non-public educational institutions to reach the proportion of 8.75% of the total number of institutions and 8.9% of the total number of students by 2020 and respectively 13, 5% and 16% by 2025.

ONLY ESTABLISH DEPARTMENT IN GOVERNMENT-ATTACHED AGENCIES
IF WORKLOAD REQUIRES MORE THAN 15 EMPLOYEES
 

This is a content approved by the Government in the Decree No. 47/2019/ND-CP on amending and supplementing a number of article of the Decree No. 10/2016/ND-CP on Government-attached agencies on June 05, 2019, which takes effect on July 20, 2019.

This Decree amends the provision on organization structure of Government-attached agencies. Accordingly, the establishment of department shall be conduct only when the workload requires the human resource of 15 or more.

In addition, the number of deputy heads of department is prescribed as follow: for department and office have  15 to 20 civil servants or public employees shall be arrange no more 02 deputy heads; have over 20 civil servants or public