Legal Document Updates in English (32/2019)

HAVE THE GOAL THAT 100% OF ENTERPRISES WITH
AT LEAST 25 EMPLOYEES HAVING TRADE UNIONS
 

On August 20, 2019, the Central Committee issues the Resolution No. 50-NQ/TW providing orientations for completing institutions and policies, and improving the quality and efficiency of foreign investment cooperation by 2030.

Accordingly, striving for the foreign invested sector to achieve some of the following major oriented objectives: registered capital shall be about USD150-200 billion (USD30-40 billion/year) in the period of 2021-2025;about USD200-300 billion (USD40-50 billion/year)in the period of 2026 – 2030; implemented capital shall be about USD 100-150 billion (USD20-30 billion/year) in the period of 2021-2025;about USD150-200 billion (USD30-40 billion/year) in the period of 2026-2030…; the localization rate shall increase from the current 20-25% to 30% by 2025 and 40% by 2030.

Firstly, perfecting law provisions on anti-transfer pricing, considering making laws on anti-transfer pricing; completing

05 CASES CONSIDERED FOR RISK HANDLING OF SMALL AND MEDIUM ENTERPRISES
 

The Ministry of Finance issues the Circular No. 57/2019/TT-BTC on providing guidelines on risk handling mechanisms of credit guarantee funds for small and medium enterprises on August 26, 2019.

Accordingly, cases considered for risk handling of small and medium enterprises include:

- Customers who suffer losses of finance and assets caused by natural disasters, crop failures, epidemics, fires, political risks or wars, which affects their production and business, and leads to the failure to repay the debts (principals and interests) on due time according to the signed mandatory repayment;

A LIQUIDATION-SUPERVISING TEAM MUST CONSIST OF AT LEAST 3 MEMBERS
 

On August 21, 2019, the State Bank of Vietnam issues the Circular No. 13/2019/TT-NHNN on amending and supplementing a number of articles of the Circulars regarding the licensing, organization and operation of credit institutions and foreign bank branches.

Accordingly, a liquidation-supervising team must consist of at least 3 members instead of 5 member as prescribed in the Circular No. 23/2018/TT-NHNN. In addition, this Circular also annul the regulation that the State Bank branch shall send a written request to the Banking Inspection and Supervision Department where the People's credit fund reorganizes its head office in the procedure for approving the reorganization of the people's credit fund.

TO ANNUL 24 MASTER PLANS ON INVESTMENT IN DEVELOPMENT
OF SPECIFIC COMMODITIES, SERVICES AND PRODUCTS
 

On August 26, 2019, the Government issues the Resolution No. 63/NQ-CP issuing the List of master plans on investment in development of specific commodities, services and products, and determined volume and quantity of goods, services and products to be manufactured and sold cease to be valid prescribed at point d, Clause 1, Article 59 of the Law on Planning approved by the Prime Minister.

Accordingly, ministries, ministerial level agencies shall be responsible for co-coordinating with the People’s Committees of provinces, central-affiliated cities to review expeditiously conditional business investment to ensure the synchronization with the invalid plans to create favorable conditions for enterprise and people’s investment and business production activities; research and issue or submit to the competent authorities to issue regulations on conditions, standards, professional technical standard in order to implement the state management…

TO AMEND LOWER LEVEL PLANS ACCORDING TO HIGHER LEVEL PLAN
 

On August 16, 2019, the National Assembly Standing Committee issues the Resolution No. 751/2019/UBTVQH14 on explanation a number of article of the Law on Planning.

Accordingly, Clause 1 Article 6 and Clause 2 Article 20 shall be construed as follow: Plans as regulated in the Law on Planning and other laws, ordinance on amending and supplementing a number of the Law on Planning can be made simultaneously. Former made and appraised shall be decided or approved in advance. After the planning is

decided or approved, if there is a conflict, the lower plan must adjust to a higher plan.

In addition, this resolution also explain Point c Clause 1 Article 59 as follow: the plans prescribed in this Article which have been decided or approved before January 01, 2019 shall be implemented in order to satisfy socio-economic development.

This Resolution takes effect on the signing date.

MAXIMUM SPEED FOR HEAVY-DUTY VEHICLES ON TRAFFIC ROADS IS 40 KM/H
 

On August 29, 2019, the Ministry of Transport issues the Circular No. 31/2019/TT-BGTVT on regulating the speed limits and safe driving distances for motor vehicles and heavy-duty vehicles on public roads.

Accordingly, Speed limits for heavy-duty vehicles, mopeds (including electric bikes) and similar vehicles on traffic roads shall not exceed 40 km/h. Maximum permissible speed of for heavy-duty vehicles and specialized vehicles on expressway shall not exceed 120 km/h.

In addition, this Circular also details the regulation on safety distance between vehicles when participate in traffic road in dry road condition: For the speed of 60km/h, the minimum

THE LIST OF 60 ASSISTANCE TECHNOLOGY FOR HIGH-TECH AGRICULTURE ENTERPRISES
 

The Ministry of Science and Technology issues the Circular No. 02/2019/TT-BKHCN on promulgating the list of assistance technology for research, transfer and application of high-tech agriculture enterprises on June 03, 2019.

Accordingly, to promulgate the list of assistance technology for research, transfer and application of high-tech agriculture enterprises as stipulated in Article 9 the Government’s Decree No. 57/2018/ND-CP. To be specific, those technologies are:

- Forest planting technology meets Vietnam's sustainable forest management standards;

- Advanced technology in selecting, breeding plants and aquatic products which are high productivity and good-

TO STRIVE TOWARD 2030, APPLICATIONS FOR PATENT REGISTRATIONS INCREASE 16-18% PER YEAR
 

On August 22, 2019, the Prime Minister issues the Decision No. 1068/QD-TTg on approving the Intellectual Property Strategy toward 2030.

Accordingly, the target is by 2030, Vietnam shall be in the group of leading ASEAN countries in terms of creativity, protection and exploitation of intellectual property rights. In addition, the target also aim that new intellectual property of Vietnamese individuals and organizations shall increase both in quantity and quality, dramatically improving Vietnam's intellectual property indicators in the global innovation index (GII) as follows:

- The number of applications for patent registrations and patent protection certificates shall increase by an average of 16-18% per year;

TO AMEND THE PROCEDURE OF REVOKING ELECTRICITY ACTIVITY LICENSE
 

On August 26, 2019, the Ministry of Industry and Trade issues the Circular No. 15/2019/TT-BCT on amending Clause 1 and Clause 4 Article 12 of the Circular No. 36/2018/TT-BCT dated October 16, 2018 of the Minister of Industry and Trade on promulgate the order and procedure of issuing and revoking the electricity activity license.

Accordingly, to amend the procedure of revoking electricity activity license as follow:

- In case the license holder violates the regulations of Article 37 of the Law on Electricity and agency issuing the sanction decision is the agency issuing the operation license, such agency shall hold responsibility to issue the

PRISONER SAVE SALVAGED PROPERTY WORTH AT LEAST VND 50 MILLION
SHALL BE CONSIDERED TO SPECIAL AMNESTY
 

Decree No. 52/2019/ND-CP dated June 14, 2019 of the Government on detailing a number of articles of the Law on Special Amnesty.

 Accordingly, a person sentenced to imprisonment who has recorded a feat during the period of serving his/her imprisonment sentence must: Has helped the prison, detention camp to conduct the criminal proceedings in detecting, pursuing, investigating and handling offenses; Has saved another person’s life or salvaged property (worth at least VND 50 million) of the State, collectives or citizens in a natural disaster or fire…