Legal Document Updates in English (37/2018)

BUSINESS HOUSEHOLDS AND INDIVIDUALS ARE PROVIDED FREE E-INVOICE

The Decree No. 119/2018/ND-CP on prescribing electronic invoices for sale of goods and provision of services is issued on September 12, 2018 by the Government.

This Decree prescribes about specific subjects that are provided e-invoices services without charge, includes:

- Business households or individuals earn the preceding year’s revenue which equals at least 03 billion dong in the agriculture, forestry, aquaculture, industry or construction sector, or gain the preceding year’s revenue equaling at least 10 billion dong in the commerce and service sector;

- Small- and medium-sized creative startups prescribed by soft laws and business households or individuals that are transformed into enterprises within a period of 12 months after their establishment;

BANKS MUST MAKE PERIODIC REPORTS
ON PAYMENT SYSTEM’S OPERATION

On August 30, 2018, the State Bank of Vietnam issues Circular No.  20/2018/TT-NHNN on prescribing oversight and supervision of payment systems.

As prescribed in the Circular, banks have to make periodic report for the first 6 months and annual assessment report on the operation of the important payment system (Includes: the status of the payment system; the status of participants in the system; the status of system’s

THE DISPOSAL OF UNSAFE FOODS THAT ARE RECALLED

This content is prescribed at the Circular No. 23/2018/TT-BYT of the Ministry of Health on prescribing the recall and disposal of unsafe foods under the management of the Ministry of Health.

Specifically, after being recalled, these unsafe foods shall be disposed of in one of the following forms:

- Correction of labeling errors: This form is applied to products having labeling errors compared to their self-declaration dossiers or dossiers of product declaration registration;

- Change of use purposes: This form is applied to products of inferior quality that are likely to cause harm to consumer health and cannot be used for food but may be used for other purposes;

NOT COVER STREET FOODS, VENDORS ARE FINED UP TO VND 1 MILLION

This is the content of the Decree No. 115/2018/ND-CP on penalties for administrative violations against regulations on food safety which is issued on September 04, 2018 by the Government.

Accordingly, the maximum fine imposed for an administrative violation against regulations on food safety shall be VND 100,000,000 if it is committed by an individual or VND 200,000,000 if it is committed by an organization. Specifically, a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for one of the violations against food safety requirements by street food vendors as follow:

- Failing to equip tables, cabinets, shelves, stands, equipment and devices which meet corresponding requirements for displaying foods;

- Foods are not covered and protected from dust, pests or other harmful animals;

TRYING A CRIMINAL CASE INVOLVING UNDER-18 DEFENDANTS,
JUDGES DON’T WEAR OVERCOAT

According to the Circular No. 02/2018/TT-TANDTC dated September 21, 2018 of the Supreme People’s Court, a criminal case involving under-18 defendants under the jurisdiction of the family and juvenile tribunal shall be tried in a friendly fashion courtroom.

When trying this kind of case, its judges wear the administrative office attire of people’s court staff without overcoat. Its courtroom is arranged in a friendly fashion to ensure the best interest of under-18 persons.

For a case involving under-18 sex assault, domestic violence or human trafficking victims, the court shall organize a closed hearing. For other cases where under-18 persons or their representatives so request or it is necessary to protect under-18 persons or their privacy, the court may also organize a closed hearing but shall publicly pronounce its judgments. 

NEW GUIDELINES ABOUT ELECTRICITY PRICES FOR TENANTS

This is the content prescribed at the Circular No. 25/2018/TT-BCT on amending and supplementing a number of articles of the Circular No. 16/2014/TT-BCT prescribing the implementation of regulations on electricity prices.

This Circular provides guidelines about the electricity prices for tenants who are students or laborers (other than households) as follow:

- In case tenants have signed lease agreements of a term of 12 months or more and made temporary residence registration, the house owner shall directly sign electricity sale and purchase contracts or represent the tenants to sign electricity sale and purchase contracts (containing the house owner’s commitment to paying electricity bills);

KEEP PROMOTING ADMINISTRATIVE REFORMS
TARGETED AT TAX AND CUSTOMS

On September 04, 2018, the Prime Minister issues the Directive No.  26/CT-TTg on promoting international economic integration in a more effective manner.

The Prime Minister gives the instructions for ministries and branches to carry out specific tasks such as:

- The Ministry of Finance: keep promoting administrative reforms targeted at tax and customs in order to contribute to improving the business environment and national competitiveness;

PROCEDURES FOR SIGNING AGREEMENTS IN THE NAME OF THE GOVERNMENT

On August 24, 2018, the Prime Minister issues the Decision No. 36/2018/QD-TTg on procedures for signing and implementing agreements in the name of the Government and requesting the president of Vietnam to sign agreements in the name of the state that are not international treaties.

The procedure for signing international agreements in the name of the Government is prescribed as follow:

- The proposing authority shall send an enquiry about the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement;

- The enquired authority shall give a written response within 07 working days from the receipt of the enquiry;

- After completing the enquiry, the proposing authority shall submit it to the Government for decision, regarding the