Legal Document Updates in English (23/2019)

MICROENTERPRISES SHALL BE SUPPORTED WITH 100% COST
OF LEGAL CONSULTANCY
 

The Decree No. 55/2019/ND-CP on legal support for small and medium-sized enterprises issued by the Government on June 24, 2019 and takes effect on August 16, 2019.

Particularly, after making the legal counseling service agreement with suitable legal consultants under the network of legal consultants as defined in Clause 1 of this Article, small and medium-sized enterprises send proposal dossiers directly or through postal service or by electronic means to ministries and ministerial-level agencies requiring cost support for legal consultancy on legal cases and problems.

Within 10 working days from the date of receipt of proposal dossiers, in case of agreement, the norms of cost support shall be implemented as microenterprises shall be supported with 100% cost of legal consultancy according to

TO REFUND THE OVERPAID AMOUNT FOR THE BUSINESS ARRANGEMENT SUPPORT FUND
WITHIN 10 WORKING DAYS
 

On June 11, 2019, the Ministry of Finance issues the Circular No. 34/2019/TT-BTC on amending and supplementing a number of Articles of the Circular No. 40/2018/TT-BTC dated May 04, 2018 of the Ministry of Finance on providing guidelines for initial offering of shares and management and use of proceeds from equitization of state-owned enterprises and single-member limited liability companies with 100% charter capital invested by state-owned enterprises.

Accordingly, pursuant to the request of enterprises and other dossiers and document prescribed at Regulations on managing and using the Business Arrangement Support Fund, the Ministry of Finance decides to disburse the Business Arrangement Support Fund to refund the overpaid amount within 10 working days.

FROM JULY 01, 2019, BASE SALARY SHALL BE VND 1,490,000 PER MONTH
 

On May 24, 2019, the Ministry of Home Affair issues the Circular No. 04/2019/TT-BNV on guiding the salary and allowance regimes for persons in the competent authorities, organizations, public service providers of the Communist Party and State, socio-political organizations and associations.

Accordingly, from July 01, 2019, the basic salary for workers received salary and allowance from state budget in the Communist Party agencies, socio-political organizations and associations is VND 1,490,000 per month. The formula to calculate the salary is:

- Formula for calculating salary: Salary received from July 01, 2019 = Statutory pay rate VND 1,490,000 per month multiplies with Current salary coefficient.

FORMULATING OF PLAN SHALL ALLOWED
TO CONSULT DOMESTIC EXPERTS IN 4 LEVELS
 

Circular No. 08/2019/TT-BKHDT dated May 17, 2019 of the Ministry of Planning and Investment on guiding for norms of planning activities.

Accordingly, norms for planning activities are established for two (02) phases: Norms for formulating, appraising and approving planning tasks; Norms for formulating, appraising and deciding or approving, announcing and adjusting planning. Each phase includes Norms for direct activities and Norms for indirect activities.

Norms for direct activities includes:  Norms for direct activities serving national comprehensive planning, national marine spatial planning, national land use planning, national sector planning, standard regional planning regulated from Chapter III to Chapter VIII respectively in this Circular.

Norms for indirect activities serving formulation includes: Selection of consultancies; Organization of conferences, workshops, seminars and consultations, and seeking of opinions; Organization of appraisal; Decision on or approval for planning; Announcement of planning; Site survey; General management.

Each norm shall allowed to consult domestic experts in 4 levels specified in the Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, War Invalids and Social Affairs and is designated by consultant level 1 (C1), consultant level 2 (C2), consultant level 3 (C3) and consultant level 4 (C4).

THE MAXIMUM TIME LIMIT FOR ELABORATION
OF PLAN TASKS IS 3 MONTHS
 

On June 24, 2019, the Government issues the Decree No. 56/2019/ND-CP on detailing the implementation of a number of articles related to the transport sector in the Law on amending and supplementing a number of articles of 37 plan-related laws.

Accordingly, the maximum time limit for elaboration of plan tasks is 3 months, the time limit for elaborating plans shall be based on approved plan tasks. The time limit for elaboration of plan tasks and the time limit for elaborating plans shall not cover the time for evaluation and approval of plan tasks and the time for plan appraisal and approval.

ONLY ONE EIA REPORT SHALL BE MADE
FOR AN INVESTMENT PROJECT
 

This content is promulgated in the Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government on amending and supplementing to Decrees guiding the implementation of the Law on Environment Protection, which takes effect on July 01, 2019.

This Decree supplements the regulation on quantity and time to summit the EIA report in Article 14 of the Decree 18/2018/ND-CP. To be specific, the project owner shall submit the EIA report to the competent authority for assessment before the following points of time: before the competent authority carries out the assessment to issue or modify the license for mineral extraction for mineral extraction project; before the competent authority carries

04 PRINCIPLES OF ASSURANCE OF SECURITY OF RADIOACTIVE SOURCES
 

On May 30, 2019, the Ministry of Science and Technology issues the Circular No. 01/2019/TT-BKHCN on prescribing the assurance of security of radioactive sources.

Accordingly, principles of assurance of security of radioactive sources include:

-  Heads of organizations or individuals that have radioactive sources shall take the prime responsibility for assuring the security of such radioactive sources.

- Requirements on assurance of security of radioactive sources must conform to the danger of such radioactive sources.

- The assurance of security of radioactive sources shall be carried out throughout the half-life of such radioactive sources until they attain the radioactivity exempt from notification and licensing.

TO AMEND AND SUPPLEMENT STATE SECURITIES COMMISSION MONTHLY REPORT
 

On June 16, 2019, the Ministry of Finance promulgate the Circular No. 35/2019/TT-BTC on amending and supplementing a number of Articles of the Circular No. 115/2017/TT-BTC dated October 25, 2017 of the Ministry of Finance on guiding the surveillance of securities trading on the securities market and the Circular No. 116/2017/TT-BTC dated October 25, 2017 guiding the compliance surveillance of the State Securities Commission in securities market of the Stock Exchanges and Vietnam Securities Depository.

PRECEDENT SHALL ADOPTED AFTER 30 DAYS IT IS PUBLISHED
 

The Judicial Council of the Supreme People’s Court issues the Resolution No. 04/2019/NQ-HDTP on process for selecting, publishing and adopting precedents on June 18, 2019, which takes effect on July 15, 2019.

Precedents are arguments and rulings written on effective judgments or decisions (hereinafter referred to as judgment) of the courts that are selected by the Judicial Council of the Supreme People’s Court and published by the Chief Justice of the Supreme People’s Court in order for other courts to study and adopt them when deciding later cases.

Proposed judgments and decisions which are selected and developed into precedents or draft precedents must be posted on the Supreme People's Court's electronic portal so that concerned courts, experts, scientists, practitioners,