Legal Document Updates in English (29/2020)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

 

59/2020/QH14

 

Law on Enterprises No. 59/2020/QH14 dated June 17, 2020 of the National Assembly

 

One more subject may not establish an enterprise in Vietnam

Page 2

INVESTMENT

 

INVESTMENT

2

64/2020/QH14

Law on Investment in the form of Public-Private Partnership No. 64/2020/QH14 dated June 18, 2020 of the National Assembly

 

To invest in the PPP form in 5 sectors from 2021

Page 2

3

61/2020/QH14

Law on Investment No. 61/2020/QH14 dated June 17, 2020 of the National Assembly

 

Debt collection service is official banned from 2021

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

4

 

1047/QD-TTg

 

Decision No. 1047/QD-TTg dated July 17, 2020 of the Prime Minister on approving the Plan on performance of the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America

 

 The Plan on implementing the Vietnam-USA Customs Mutual Assistance Agreement

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

5

 

2957/QD-BYT

 

Decision No. 2957/QD-BYT dated July 10, 2020 of the Ministry of Health on promulgating the guidance on diagnosis and treatment of diphtheria

 

Serum anti diphtheriae shall be immediately used upon suspicion of infection

Page 3

EDUCATION – TRAINING – VOCATION TRAINING

 

EDUCATION – TRAINING – VOCATION TRAINING

6

84/2020/ND-CP

Decree No. 84/2020/ND-CP dated July 17, 2020 of the Government on detailing a number of articles of the Law on Education

 

From September 01, monthly scholarship for gifted upper secondary schools shall be at least three times the current tuition fee

Page 3

 

SUMMARY:

 

Ü ENTERPRISE

ONE MORE SUBJECT MAY NOT ESTABLISH AN ENTERPRISE IN VIETNAM

This is a new content adopted by the National Assembly in the Law on Enterprises No. 59/2020/QH14 dated June 17, 2020.

Specifically, to supplement a subject who may not establish and manage an enterprise in Vietnam: an organization being commercial legal person prohibited from doing business in certain areas or prohibited from operating in certain areas prescribed in the Penal Code. Besides, persons with difficulty in perceiving and controlling their acts don’t have such right, either.

Remarkably, the National Assembly no longer regulates business households in the Law on Enterprises. The stipulation of the registration and operation of business households is assigned to the Government.

At the same time, this Law also revokes previous regulation that a shareholder or a group of shareholders must hold

 

their shares for a consecutive period of at least 6 month. Instead, a shareholder or a group of shareholders just holding at least 05% (instead of 10% as before) of the total ordinary shares, or holding a smaller percentage provided in the company charter shall have the following rights:

Firstly, to examine, look up and extract the book of minutes and resolutions, decisions of the Board of Directors, mid-year and annual financial statements, reports of the Supervisory Board, contracts and transactions required approval of the Board of Directors and other documents, except for documents related to the company's commercial secret and business secret.

Secondly, to request convening of a General Meeting of Shareholders…

The Law on Enterprises takes effect on January 01, 2021.

Ü INVESTMENT

TO INVEST IN THE PPP FORM IN 5 SECTORS FROM 2021

On June 18, 2020, the National Assembly promulgates the Law on Investment in the form of Public-Private Partnership.

Accordingly, there are 5 investment sectors of PPP projects, including: transport; transmission lines, power plants, except for hydroelectric plants and other cases of State monopoly as prescribed in the Law on Electricity; irrigation system, clean water supply system, water drainage system, sewage/waste collection and disposal system; health, education and training; information technology infrastructure.

The minimum total investment of a PPP project for each sector as follows: not less than VND 200 billion for projects in sectors as transport; transmission lines; irrigation system, clean water supply system, water drainage system, sewage/waste collection and disposal

 

system and information technology infrastructure; not less than VND 100 billion for projects in sectors as health, education and training…

Besides, the information to be published on the national bidding network system includes: information about the decisions of investment proposals and approval decisions of PPP projects; information on investor selection; main contents of PPP project contracts; database about the investors…

In addition, the Law prescribes that after the investor selection results are approved, the investor shall establish a PPP project enterprise, which is a limited liability or joint stock company (not a public company) with the sole purpose to sign and undertake PPP project contracts.

This Law takes effect on January 01, 2021.

DEBT COLLECTION SERVICE IS OFFICIAL BANNED FROM 2021

This is the highlight content promulgated by the National Assembly in the Law on Investment No. 61/2020/QH14 dated June 17, 2020.

In accordance with this content, from the effective date of this Law, there are two more business lines to be banned from business investment, including: Trade in firecrackers and debt collection services.

Besides, the new Law also specifies that investors must make deposits or have bank guarantees for their deposit obligations to secure the implementation of projects of request the State for land allocation, land lease, permission for change of land use purposes, except for 04 cases as follows:

Firstly, investors win the land use right auction to implement investment projects that are allocated land with land use levy or leased land by the State with one-off rental payment for the entire lease term.

 

Secondly, investors win the bidding to implement investment projects subject to land use.

Thirdly, investors are entitled to land allocation or land lease by the State on the basis of receiving transfer of investment projects that have made deposits or have completed capital contribution or capital raising in accordance with the schedule specified in written investment policy approvals or investment registration certificates.

Fourthly, investors are entitled to land allocation or land lease by the State to implement investment projects on the basis of receiving transfer of land use rights and properties attached to land of other land users.

This Law takes effect on January 01, 2021.

Ü EXPORT – IMPORT

THE PLAN ON IMPLEMENTING
THE VIETNAM-USA CUSTOMS MUTUAL ASSISTANCE AGREEMENT

On July 17, 2020, the Prime Minister issues the Decision No. 1047/QD-TTg on approving the Plan on performance of the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America.

Specifically, the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America takes effect on May 20, 2020. For this reason, the Ministry of Finance shall direct its affiliated units to implement the Agreement according to a specific roadmap on the basis of discussion and agreement with the US party.

Accordingly, to reach an agreement with the United States of America on specific methods and plans to implement the Agreement with the fields and goods to be given priority that shall be focused when exchanging and sharing

 

information (goods with high risk of origin and transshipment fraud to evade taxes and other trade remedies, information about regulations and policies of customs management, programs and advance practices and modern technology being applied in the customs field, etc.).

There is no regulation in the Agreement that is contrary or not yet prescribed in the current law, at the same time, according to the Agreement, all the assistance activities under the Agreement shall be implemented in compliance with legal regulations of each Party and within the scope of ability and current force resource of each Party’s customs agencies. Therefore, it is not required to amend, supplement, repeal or issue new legal normative documents for the Agreement implementation.

This Decision takes effect on the signing date.

Ü MEDICAL – HEALTH

SERUM ANTI DIPHTHERIAE SHALL BE
IMMEDIATELY USED UPON SUSPICION OF INFECTION

On July 10, 2020, the Ministry of Health issues the Decision No. 2957/QD-BYT on promulgating the guidance on diagnosis and treatment of diphtheria.

Accordingly, the incubation period of diphtheria is from 2 – 5 days without any clinical symptoms. In the initial symptom period, patients often have fever with 37.5 - 38oC, sore throat, malaise, weakness, eat less, have bluish skin and nasal discharge from one or both nares with blood or not. In the second to third day of the duration of the disease, patients have fever with 38 - 38.5oC, pain with swallowing, pale skin, much weakness, anorexia, fast pulse, slightly lower blood pressure, etc.

Besides, treatment principles include: Early detection, isolation upon detecting infected case; Immediately using serum anti diphtheriae (SAD) and antibiotics (penicillin G, erythromycin, azithromycin) to prevent from complications

 

and reduce death; Monitoring, early detecting and timely handling complications; Providing comprehensive care to patients.

To be specific: Using SAD immediately upon suspicion of infection. Dosage of SAD shall be depended on the seriousness of the disease, regardless of the age and weight. It is required to test before injection, if the result is positive, the desensitization method (Besredka) shall be applied, etc.

In addition, all suspected cases must be sent to hospital for isolation until their testing result is negative for two times. Each specimen is taken 24 hours apart and no later than 24 hours after antibiotic treatment. If conditions for testing are not available, patients must be isolated after 14 days of antibiotic treatment, etc.

This Decision takes effect on the signing date.

Ü EDUCATION – TRAINING – VOCATION TRAINING

FROM SEPTEMBER 01, MONTHLY SCHOLARSHIP FOR GIFTED UPPER SECONDARY SCHOOLS SHALL BE AT LEAST THREE TIMES THE CURRENT TUITION FEE

This is a new content promulgated by the Government in the Decree No. 84/2020/ND-CP on detailing a number of articles of the Law on Education dated July 17, 2020.

In accordance with this content, pupils of gifted upper secondary schools in higher education institutions, pupils of gifted schools who have excellent behavior and distinction learning capacity in the term of consideration and grant of scholarships and have the gifted subject mark of the semester of at least 8.5, or win consolation prizes or higher prizes in any of the national, regional or international outstanding pupil-selection exams of such year… shall be provided the following scholarship levels:

Firstly, for schools for gifted students and schools for students with art and sport aptitudes, the monthly scholarship level granted for a pupil shall be equal to at least three times the current tuition fee of local gifted upper secondary schools.

 

Next, for gifted upper secondary schools in higher education institutions, the scholarship level granted for a pupil shall be stipulated by higher education institutions’ principals but not lower than the ceiling level of the current tuition fees paid by such pupil.

Finally, for schools exempted from tuition fees, the scholarship level shall be equal to at least three times the ceiling tuition fees of local upper secondary schools.

Additionally, the Government also stipulates that for students studying under the regime of enrollment through nomination; students of pre-university schools, boarding general education schools for ethnic minority students…, the scholarship level shall be equal to 80% of the base salary/month. For students being invalids from poor households who study in vocational education institutions for invalids and persons with disabilities, the scholarship level shall be equal to 100% of the base salary/month.

This Decree takes effect on September 01, 2020.


 

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