Legal Document Updates in English (38/2019)

TO STRIVE IN THE PERIOD OF 2021-2030, THE AVERAGE GROWTH OF INCOMES
FOR LABORERS REACH 25-30% PER YEAR
 

On October 11, 2019, the Prime Minister issues the Decision No. 1362/QD-TTg on approving the Plan on Sustainable Development of the Private Sector till 2025, with the vision to 2030.

To remove psychological barriers and create business environment for private enterprises to develop without restriction, the Prime Minister approves the Plan with objectives such as:

- To enhance the quality and performance of private enterprises, striving to have at least 1.5 million enterprises by 2025 and 2 million by 2030;

- In the 2021-2030 period, the average growth of the

number of laborers working at the private sector will attain 6-8% per year; the average growth of incomes for laborers will reach 25-30% per year; the average growth of State budget contributions will obtain 23-25% per year…

To achieve these objectives, the following groups of solution shall be applied: To encourage enterprises to apply sustainable business models; To promote innovative startups and the effective implementation of policies supporting small and medium-sized enterprises; To encourage private enterprises to apply science and technology, and take advantages of industrial revolution 4.0…

This Decision takes effect from the signing date.

TO SUBSIDIZE 10 MONTHS' BASIC SALARY FOR THE FIRST TIME
OFFICIAL ASSUMING TASK AT EXCEPTIONALLY DIFFICULT CONDITION AREA
 

The Decree No. 76/2019/ND-CP on policies towards officials, public servants, public employees, laborers and wage earners in the armed forces, working in areas with exceptionally difficult socio-economic conditions is issued on October 08, 2019 by the Government.

Accordingly, officials, public servants, public employees, laborers and wage earners in the armed forces (People's Army, People's Police and cipher) working in Truong Sa, Hoang Sa island districts and Communes of Region III belonging to ethnic minority areas, mountainous areas and exceptionally difficult shall be entitled for the following policies:

Firstly, they shall be entitled to a HR attraction allowance equal to 70% of the current salary (according to the payroll

prescribed by the Party and State competent authorities) plus the leading position allowance; allowance for excessive frame seniority (if any), applicable to the actual working period in regions of exceptionally difficult socio-economic conditions not exceeding 5 years (60 months).

Secondly, when assuming tasks for the first time at agencies, organizations or units of regions of exceptionally difficult socio-economic conditions they shall subsidized the initial allowance which is equal to 10 months' basic salary at the time of assuming tasks. In cases of being accompanied by family to come to work together, they shall be subsidized an extra allowance of 12-month basic salary allowance for households.

This Decree takes effect on December 01, 2019.

TO AMEND DOSSIER, ADMINISTRATIVE PROCEDURES
ON FOREIGN EXCHANGE MANAGEMENT
 

The State Bank of Vietnam issues the Circular No. 15/2019/TT-NHNN on amending, supplementing a number of legislative documents on application, administrative procedures on foreign exchange management on October 11, 2019

To be specific, to supplement the new regulation that economic organization may agree with authorized credit institutions in agency contract to place foreign currency exchange agent at one or many locations where the economic organization has its head office or branch.

Besides, amend a number of necessary document on the dossiers for grant of foreign exchange agent-registration certificates as follow: Instead of Reports on facilities and equipment for foreign exchange

USED IT PRODUCTS MUST BE DESTROYED
 AFTER 3 MONTHS OF SCIENTIFIC RESEARCH
 

On October 09, 2019, the Prime Minister issues the Decision No. 31/2019/QD-TTg on regulating the import of goods on the List of used information technology products prohibited from import for scientific research and carry out activities of processing and repairing goods on the List of used information technology products prohibited from import for foreign traders to consume abroad.

Accordingly, trader import goods for scientific research must re-export or destroy the goods after 3 months from the final day of scientific research process in accordance with law provisions. In addition, trader shall hold responsibility on types, quantity and quality of imported goods.

Products on the List of used information technology products prohibited from import shall only allowed to import when satisfy a number of conditions such as:

- Imported goods directly serving scientific research or processing activities of traders; not to serve the purpose of selling, giving or donation;

- Imported goods must not cause environmental pollution in accordance with the law on environmental protection;

Imported goods that are leased or purchased or borrowed from foreign partners have specific characteristics that cannot be replaced by products sold in the domestic market…

This Decision takes effect on the signing date.

4 GROUPS OF SUBJECTS ARE COMPETENT
TO ISSUE EXAMINATION DECISIONS
 

The Decree No. 78/2019/ND-CP on amending and supplementing a number of Articles of the Decree No. 148/2016/ND-CP on detailing and guiding the implementation of a number of Articles of the Ordinance on Market Surveillance is issued on October 14, 2019 by the Government.

Accordingly, this Decree amends the provision on competent issuers of examination decisions in a more detailed way. To be specific, competent issuers of examination decisions include:

First, the Director General of the General Department of Market surveillance.

Second, the Director of the Department of Market surveillance operations under the General Department of Market surveillance.

Third, Directors of provincial-level Departments of Market surveillance under the General Department of Market

surveillance include: Directors of municipal and provincial Market surveillance departments; Directors of inter-municipal and inter-provincial Departments of Market surveillance.

Fourth, Leaders of district-level Market surveillance teams under provincial-level Departments of Market surveillance are: Leaders of Market surveillance teams of districts, towns, cities under provincial and municipal cities; Leaders of inter-district, inter-town, inter-city Market surveillance teams; Leaders of specialized Market surveillance teams; Leaders of mobile Market surveillance teams.

The Decree No. 148/2016/ND-CP only generally prescribed about authority to issue examination decisions of Heads of municipal Departments of Market surveillance; Heads of units under municipal Departments of Market surveillance are authorized to sanction of administrative violations...

This Decree takes effect on December 10, 2019.

BY 2030, MORE THAN 1,000 PRODUCTS
ARE TO BECOME VIETNAM NATIONAL BRANDS
 

On October 08, 2019, the Prime Minister issues the Decision No. 1320/QD-TTg on approving the Vietnam National Brand Program during 2010-2030.

Accordingly, in the 2020-2030 period, to attach importance to building and developing Vietnam’s brand in association with the positive and outstanding values of the product’s brand, with the specific goals as follows: More than 1,000 products are to become Vietnam National Brands; To increase by 10 per cent in the number of businesses on the list of those with the highest brand value as ranked by prestigious rating organizations in the world every year...

In addition, the Program also sets some targets such as: 90% of businesses in the country are to become aware of the role of brands in production, business and investment;

100% of products reaching Vietnam National Brand standards are to be promoted domestically and in key export markets.

To achieve all these goals, the Prime Minister requires the Ministry of Culture, Sports and Tourism to organize communication and promotion activities about the Program and products which meet the criteria of Vietnam National Brand; Ministry of Science and Technology to attach importance to promoting the products which meet the criteria of the Program; Ministry of Agriculture and Rural Development to attach importance to the brand building and development for Vietnamese predominant agricultural, forestry and fishery products…

This Decision takes effect from December 01, 2019.

THE TERM FOR APPLYING TRANSITIONAL SAFEGUARD MEASURES
ON TEXTILE PRODUCTS SHALL NOT EXCEED 4 YEARS
 

The Circular No. 19/2019/TT-BCT on applying special safeguard measures for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership is issued on September 30, 2019 by the Ministry of Industry and Trade.

Accordingly, the Minister of Industry and Trade decides the application of transitional safeguard measures on textile and garment products when the investigation authorities' investigation conclusions contain the following contents:

First, there is an absolute or relative increase in import compared to domestic production of textile and garment products under investigation from one or several member countries as a result of preferential tariff treatment under the CPTPP.

Second, the domestic manufacturing sector is seriously damaged or threatened caused by the above increase in imports.

In this case, applicable transitional safeguard measures on textile and garment shall include increasing tax rate for such goods, but not the tax rate shall be lower than the preferential tax rate taking effect at the time of applying this measure or the one taking effect on January 13, 2019, depending on which is the lower one.

The term for applying transitional safeguard measures shall not exceed 2 years and shall be extended for a maximum of 2 years.

This Circular takes effect on November 14, 2019.