Legal Document Updates in English (35/2019)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

16/2019/TT-BCT

Circular No. 16/2019/TT-BCT dated September 19, 2019 on guiding of pilot auction for import sugar quotas in 2019

 

To pilot auction 98.7 thousand tons of sugar by quotas in 2019

Page 2

LABOR – SALARY

 

LABOR - SALARY

2

80/2019/QH14

Resolution No. 80/2019/QH14 dated June 14, 2019 of the National Assembly on accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining

 

Not to dismiss employee for participating in union activities

Page 2

INVESTMENT

 

INVESTMENT

3

39/2019/QH14

Law No. 39/2019/QH14 dated June 13 of the National Assembly on Public Investment

 

Projects with a total investment of VND 2,300 billion or more is group-A project

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

4

65/2019/TT-BTC

Circular No. 65/2019/TT-BTC dated September 16, 2019 of the Ministry of Finance on prescribing the contents of training, examination, granting and recognition of insurance auxiliary certificates

 

05 cases of revoking insurance auxiliary certificates

Page 3

5

62/2019/TT-BTC

Circular No. 62/2019/TT-BTC dated September 05, 2019 of the Ministry of Finance on amending and supplementing a number of articles of Circular No. 38/2018/TT-BTC dated April 20, 2018 of the Minister of Finance stipulating identification of origin of exports and imports

 

To supplement 01 case being rejected of goods origin declaration

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

6

78/2019/QH14

Resolution No 78/2019/QH14 dated June 11, 2019 of the National Assembly on approving the 2020 law- and ordinance-making program and adjusting the 2019 law- and ordinance-making program

 

The National Assembly considers to passage 08 Law at the 9th session

Page 3

 

SUMMARY:

Ü  TAX – FEE – CHARGE


TO PILOT AUCTION 98.7 THOUSAND TONS OF SUGAR BY QUOTAS IN 2019
 

On September 19, 2019, the Minister of Industry and Trade issues the Circular No. 16/2019/TT-BCT on guiding of pilot auction for import sugar quotas in 2019.

Accordingly, the quantification of imported sugar to be auctioned (HS code 1701) according to tariff quotas in 2019 shall be 98,700 tons. The Ministry of Industry and Trade shall establish the Board of pilot auction for sugar import quotas in 2019 in order to operate the auction. The

 

Chairperson of the auction Board shall issue regulations on pilot auction of sugar import quotas in 2019.

The Ministry of Industry and Trade shall issue the written notification for the right of quota usage of sugar import quota to the auction winning entities after received the auction result report of the Board.

This Circular takes effect from November 02, 2019 to December 31, 2019.

Ü  LABOR - SALARY   


NOT TO DISMISS EMPLOYEE FOR PARTICIPATING IN UNION ACTIVITIES
 

On June 14, 2019, the National Assembly issues the Resolution No. 80/2019/QH14 on accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining.

Accordingly, the National Assembly decide to accede the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining (below referred to as Convention No. 98), which was adopted by the General Conference of the International Labor Organization on July 1, 1949, in Geneva, Switzerland. Contents of the Convention shall be wholly apply.

 

As regulated in the Convention, an employee shall be protected from conduct that makes the employment of the employee subject to the condition that he or she cannot join a union or give up union membership; acts aimed at dismissing or abusing employee for that they are union members, participating in union activities offline or need the employer's consent during working time.

If necessary, the country must take appropriate measures to encourage and promote the development of voluntary bargaining arrangements between employers, employers 'organizations and employees' organizations to define terms and conditions of employment using a collective bargaining agreement.

This Resolution takes effect on June 14, 2019.

Ü INVESTMENT


PROJECTS WITH A TOTAL INVESTMENT OF VND 2,300 BILLION
OR MORE IS GROUP-A PROJECT
 

On June 13, 2019, the National Assembly approves the Law No. 39/2019/QH14 on Public Investment.

Accordingly, the Provincial People's Council have the competence to decide on decide on investment policy of group-A under their management, excluding project under the Government’s management. The Prime Minister has the competence to decide on investment policy on programs and projects out of the National Assembly authority; Investment programs financed by ODA loans and concessional loans of foreign donors…

The People's Council at all level have the competence to decide on decide on investment policy of group-B, group-C using local capital, additional targeted capital from the superior budget, local legal sources under their management.

 

The classification of project group shall be conduct base on the importance, total investment, project sector…

Regardless of their total investment, group-A projects fall into one of the following cases:

- Top secret national defense and security projects;

- Hazardous substance or explosive-manufacturing projects;

- Industrial park or export processing zone infrastructure projects;

- Projects with a total investment of VND 2,300 billion or more each in the following sectors: Transport, including bridges, seaports, river ports, airports, railways and national highways; Power industry; Oil and gas exploitation; Chemical, fertilizer and cement…

Ü  FINANCE – BANKING


05 CASES OF REVOKING INSURANCE AUXILIARY CERTIFICATES
 

On September 16, 2019, the Ministry of Finance issues the Circular No. 65/2019/TT-BTC on prescribing the contents of training, examination, granting and recognition of insurance auxiliary certificates.

Accordingly, the insurance auxiliary certificates shall be revoked in the following cases:

- Individuals who receive certificate but did falsify information in the enrollment procedures specified in Point a, Clause 1, Article 6 of this Circular;

- Certificate receiver has other person took part in the enrollment exam illegally;
 

- Individuals whose exam re-checked results are below the exam passing score as prescribed in this Circular;

- Individuals who let other people to use his/her certificates.

Individuals whose insurance auxiliary certificates are revoked as defined above shall not be eligible for attending any exams for insurance auxiliary certificates within 12 months, starting from the issuance date of the Decision to revoke his/her certificates.

This Circular takes effect on November 01, 2019.


TO SUPPLEMENT 01 CASE BEING REJECTED
OF GOODS ORIGIN DECLARATION
 

On September 05, 2019, the Ministry of Finance issues the Circular No. 62/2019/TT-BTC on amending and supplementing a number of articles of Circular No.38/2018/TT-BTC dated April 20, 2018 of the Minister of Finance stipulating identification of origin of exports and imports.

Accordingly, the Ministry of Finance supplements 01 case being rejected of goods origin declaration:

If certificate of commodity origin is submitted at the time of conducting the import procedures, yet the customs declarant fails to declare the reference number, the date of

 

issue or certificate of commodity origin is not submitted at the time of conducting the import procedures, yet the customs declarant fails to declare delayed submission of certificate of commodity origin in the import declaration, certificate of commodity origin shall not be approved.

If the customs declarant declares delayed submission of certificate of commodity origin, yet additionally declares and fails to submit certificate of commodity origin within the stipulated time limit, certificate of commodity origin shall not be approve.

This Circular takes effect on October 21, 2019.

Ü  ADMINISTRATIVE


THE NATIONAL ASSEMBLY CONSIDERS
TO PASS 08 LAWS AT THE 9TH SESSION
 

On June 11, 2019, the National Assembly issues the Resolution No. 78/2019/QH14 on approving the 2020 law- and ordinance-making program and adjusting the 2019 law- and ordinance-making program.

Accordingly, at the 9th session, 08 following Laws shall be submitted to the National Assembly for passage: the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents; the (amended) Youth Law; the Law on Investment in the Form of Public-Private Partnership; the Law on Mediation and Dialogue at Court; the Law Amending and Supplementing a Number of

 

Articles of the Law on Judicial Expertise; the Law Amending and Supplementing a Number of Articles of the Law on Disaster Prevention and Control and Law on Dykes…

In addition, the Resolution also adds the following drafts to the 2019 law- and ordinance-making program: the Law Amending and Supplementing a Number of Articles of the Law on Judicial Expertise; the Law Amending and Supplementing a Number of Articles of the Law on Disaster Prevention and Control and the Law on Dykes; the Law Amending and Supplementing a Number of Articles of the Law on Construction (for discussion at the 8th session)…

 

 

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