Legal Document Updates in English (27/2018)

DEDUCTION THE PRICES FOR MEDICAL TREATMENT SERVICES
COVERED BY HEALTH INSURANCE FROM JULY 15
 

On May 30, 2018, the Ministry of Health issues the Circular No. 15/2018/TT-BYT on unifying prices for medical examination and treatment services covered by health insurance among hospitals of the same class across the country and providing guidelines for applying prices and payment for medical services in certain cases.

This Circular prescribes:

- The price for medical examination service in specially-classed hospitals and class I hospitals is VND 33.100; VND 29.600 with class II hospitals; VND 26.200 with class III hospitals; VND 23.300 with class IV hospitals and medical aid stations of communes; the price for consulation for determining tough cases is VND 200.000.

- The price for hospital stay in the intensive care and emergency medicine department from VND 221.200 – VND 401.300, due to the class of hospital.

- The price for ultrasound service is VND 38.000; the price for radiography service from VND 47.000 – VND 66.000…

GUIDANCE ON ENTERPRISE EQUITIZATION FROM JUNE 18, 2018
 

Guidelines on financial settlement and enterprise valuation upon equitization of state-owned enterprises and single-member limited liability companies 100% charter capital of which is held by state-owned enterprises are provided by the Ministry of Finance at the Circular No. 41/2018/TT-BTC dated May 04, 2018.

When determining enterprise valuation upon equitization, where it is found that the omission and misstatement of assets or liabilities of the equitized enterprise during the asset inventory and debt comparison is caused by subjective reasons, resulting in a decrease in the value of such enterprise and state capital, such equitized enterprise and relevant organizations and individuals must remit all the value of omitted assets or liabilities into the Business Arrangement and Development Support Funds.

CRITERIA FOR IDENTIFYING BLACK SPOTS OF RAILWAY TRAFFIC ACCIDENTS
 

On May 12, 2018, the Government issues the Decree No. 65/2018/ND-CP on detailing a number of articles of the Railway Law.

Specifically, black spots of railway traffic accidents shall be identified based on the number of accidents and the extent of damage caused by railway traffic accidents having occurred within 12 months counted from the time of occurrence of the last accident in the following cases: Location where occur(s) one or more than one very serious accident; Location where occur 02 or more serious accidents; Location where occur 03 or more less serious accidents.

Dangerous locations for railway traffic safety include: Places where railway traffic accidents frequently occur (below referred to as black spots of railway traffic accidents); Places where railway traffic accidents

TO ANNUL THE PROVISION CHILD BELOW 5 YEARS OLD IS NOT ALLOWED TO STUDY
IN INTERNATIONAL SCHOOL
 

On June 06, 2018, the Government issues the Decree No. 86/2018/ND-CP on foreign cooperation and investment in education which takes effect on August 01, 2018

One of the new provisions of this Decree is instead of prohibiting Vietnamese children who are not enough 5 years old to study international program, this Decree only requires the number of Vietnamese students who participate in the foreign educational program shall be lower than 50% of the total students who participate in the aforesaid program at the educational institution.

Also in accordance with this Decree, the period of operation of a foreign-invested educational institution shall be no longer than 50 years from the date on which the certificate

GUIDANCE ON COOPERATION IN ENFORCEMENT OF DECISION ON BANKRUPTCY
 

The Joint Circular No. 07/2018/TTLT-BTP-VKSNDTC-TANDTC on cooperation in enforcement of court’s decision on bankruptcy settlement is issued on June 12, 2018 by the Ministry of Justice, the People’s Supreme Procuracy and the Supreme People’s Court.

This Joint Circular guides some provisions on cooperation in enforcement of court’s decision on bankruptcy settlement as following:

- After receiving a court’s notice regarding acceptance of a petition for initiation of bankruptcy process against an insolvent enterprise or cooperatives which is a judgment debtor (obligated to execute the judgment), the head of civil enforcement agency shall issue a decision on temporary suspension of judgment enforcement against its asset(s). The decision on temporary suspension of judgment enforcement shall be made within 5 working days from the date on which the court’s notice is received.

TO AMEND, SUPPLEMENT 11 LAWS RELATING TO THE PLANNING LAW
 

The Law No. 28/2018/QH14 on amending and supplementing a number of articles of 11 laws relating to the Planning Law is passed by the National Assembly on June 15, 2018.

According to the Law on Children (amendment), provincial-level People’s Committees shall allocate land for, invest in the construction of centers for children’s play, recreational, cultural, artistic and sports activities; ensure conditions, time and appropriate hours for children to participate in activities at grassroots cultural and sports institutions.

Concurrently, set up public child protection service establishments and grant operation registration for other child protection service establishments to operate within their respective provinces.

The amending Law on Chemicals prescribes locations of chemical industrial parks and chemical facilities must be suitable to properties and characteristics of chemicals, chemical- producing and -preserving

TO ANNOUNCE THE LIST OF AUTHORIZED INDUSTRIAL EXPLOSIVES
 

On June 15, 2018, the Ministry of Industry and Trade issues the Circular No. 13/2018/TT-BCT on management and use of industrial explosives and precursors used in explosives manufacturing.

Within that, the List of industrial explosives which can be manufactured, traded and used in Vietnam includes: Amonit explosive AD1, TNP1 explosive, Anfo explosive, Water resistance Anfo explosive Emulsion explosives for open pit mines…

Any organizations and individuals wishing to manufacture or import industrial explosives of a type which is not in the

PROVISION OF INFORMATION FOR CITIZENS OF THE MINISTRY OF JUSTICE
 

On June 07, 2018, the Ministry of Justice issues the Decision No.  1301/QD-BTP on promulgating regulation on provision of information for citizens.

According to the Regulation on provision of information for citizens:

- The Ministry Office shall receive information request forms directly at the citizen reception office of the Ministry of Justice, electronically, by post or by fax. In the cases where the information contained in the information request form is incomplete, the Ministry Office shall instruct the applicant to complete it as prescribed.

- After receiving the satisfactory information request form, the Ministry Office shall respond to such request, notify the applicant of response to the information request or refuse to provide information.

- In the cases where information is simple and available, may provide via internet… In the cases where information is