Legal Document Updates in English (38/2018)

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NUMBER

TITLE

In This Updates:

INVESTMENT

INVESTMENT

1

123/2018/ND-CP

Decree No. 123/2018/ND-CP dated September 17, 2018 of the Government amending and supplementing certain Decrees on investment and business requirements in the agriculture sector

New requirements for slaughter houses

Page 2

2

120/2018/ND-CP

Decree No. 120/2018/ND-CP dated September 13, 2018 of the Government on amendments to a number of articles of the Government’s Decree No. 77/2015/ND-CP…

The capital advanced of public investment plan must not exceed 20%

Page 2

FINANCE – BANKING

FINANCE – BANKING

3

22/2018/TT-NHNN

Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the State Bank of Vietnam on guidelines…

Procedures for approval for provisional lists of personnel of banks

Page 2

4

07/2018/TT-BLDTBXH

Circular No. 07/2018/TT-BLDTBXH dated August 01, 2018 of the Ministry of Labor, War Invalids and Social Affairs on formulating employee utilization plan…

5 subjects eligible to purchase discounted shares of State enterprise

Page 3

MEDICAL – HEALTH

MEDICAL – HEALTH

5

19/2018/TT-BYT

Circular No. 19/2018/TT-BYT dated August 30, 2018 of the Ministry of Health on introducing list of essential medicines

Introducing the list of essential medicines

Page 3

EDUCATION – TRAINING – VOCATION

EDUCATION – TRAINING – VOCATION

6

16/2018/TT-BGDDT

Circular No. 16/2018/TT-BGDDT dated August 3, 2018 of the Ministry of Education and Training on prescribing sponsorship for educational institutions in the national education system

To avoid exploiting educational sponsorship to force contributions

Page 3

CULTURE – SPORTS – TOURISM

CULTURE – SPORTS – TOURISM

7

110/2018/ND-CP

Decree No. 110/2018/ND-CP dated August 29, 2018 of the Government on management and organization of festivals

Cadres, civil servants aren’t allowed to use State-owned cars to attend festivals

Page 4

SUMMARY:

Ü  INVESTMENT


NEW REQUIREMENTS FOR SLAUGHTER HOUSES

The Decree No. 123/2018/ND-CP amending and supplementing certain Decrees on investment and business requirements in the agriculture sector is issued by the Government on September 17, 2018.

According to this Decree, slaughter houses must satisfy the following requirements:

- Slaughter houses must be located at the safe distance from residential areas, schools, hospitals, regularly crowded places, national highways, rivers, streams, water supply sources for domestic use, animal farms, market places where livestock and poultry are sold, and contamination sources;

- Operating slaughterhouses must meet requirements concerning veterinary medicine hygiene and animal disease safety, and ensure food safety in accordance with laws.

In addition, this Decree also repeal the regulation that slaughter houses owner and worker must obtain the Certificate of food safety and satisfy health requirement; slaughter houses be supplied with enough water for slaughtering and processing under QCVN 01:2009/BYT and wastewater drainage systems flowing from areas of high hygiene requirements…

This Decree takes effect on September 17, 2018.

THE CAPITAL ADVANCED OF PUBLIC INVESTMENT PLAN
MUST NOT EXCEED 20%

The Government issues the Decree No. 120/2018/ND-CP on amendments to a number of articles of the Decree No. 77/2015/ND-CP on annual and medium-term public investment plan, No. 136/2015/ND-CP guiding the implementation of a number of articles of the Law on Public Investment and No. 161/2016/ND-CP on stipulating a special mechanism for construction investment management of a number of projects under national target programs during 2016-2020.

Noticeably, the new Decree amends the provision on the capital advanced of public investment plan. Accordingly, the capital advanced from next year’s budget estimate must not exceed 20% of the estimated capital expenditure and must not exceed the total capital for projects that is specified in the 5-year plan provided.

Concurrently, this Decree supplements the specific time for implementation and disbursement with projects funded by ODA and concessional loans of foreign sponsors:

- The foreign capital specified in the annual public investment plan and recorded as debts of Vietnamese Government but not yet disbursed, the time shall be extended by December 31 of the year succeeding the plan year;

- The foreign capital specified in the annual public investment plan but not yet recorded as debts of Vietnamese Government but disbursed, upon the end of the time limit for adjustments to the final statement of state budget, capital which have been estimated but not yet disbursed shall be cancelled.

This Decree is issued and takes effect on September 13, 2018.

Ü FINANCE – BANKING


PROCEDURES FOR APPROVAL FOR
PROVISIONAL LISTS OF PERSONNEL OF BANKS

On September 05, 2018, the State Bank of Vietnam issues the Circular No. 22/2018/TT-NHNN on guidelines for procedures and application for approval for provisional lists of personnel of commercial banks, non-bank credit institutions and foreign banks branches (hereinafter referred to as banks).

This Circular sets up some rules for preparing and submitting applications for approval for provisional list of personnel of banks. To be specific:

- Applications must be made in Vietnamese language; translations from a foreign language into Vietnamese must be notarized or bear the translator’s signature; copies of documents of personnel must be copies from the master register or certified true copies…

- The document requesting to approve the list of its



personnel must be signed by the legal representative or the authorized representative;

- The application enclosed with a list of documents shall be submitted by post or directly to the State Bank;

- Banks shall take legal responsibility for the adequacy, accuracy and truthfulness of the application.

This Circular also prescribes the State Bank’s written approval for provisional lists of personnel of credit institutions and foreign banks’ branches shall remain valid within 06 months from the date on which it is signed. After the effective period, if the election or appointment of personnel of credit institutions and foreign banks' branches fail to be completed, the State Bank's written approval will become automatically invalid.

This Circular takes effect on November 01, 2018.


5 SUBJECTS ELIGIBLE TO PURCHASE
DISCOUNTED SHARES OF STATE ENTERPRISE

In the guidelines for formulating employee utilization plan and implementing employee policies in the context of equitization of State-owned enterprises enclosed with the Circular No.  07/2018/TT-BLDTBXH, the Ministry of Labor, War Invalids and Social Affairs prescribes subjects eligible to purchase discounted shares of State enterprise, to be specific:

- Employees working under employment contracts for equitized enterprises on the date of enterprise valuation;

- Employees working for equitized enterprises on the date of enterprise valuation and appointed to be full-time representatives of the equitized enterprises’ capital that have not been eligible to purchase discounted shares from other enterprises;


- Managers of equitized enterprises on the date of equitized enterprise valuation;

- Employees working under employment contracts and managers (level II enterprises) that have not been eligible to purchase discounted shares from other enterprises on the date of equitized enterprise valuation in the case of equitization of parent companies of state-owned economic groups, parent companies of state corporations or parent companies in groups of parent companies and subsidiaries;

- Representatives of household businesses to receive fix funding (if any) of equitized enterprises on the date of equitized enterprise valuation.

This Circular is issued on August 01, 2018 and takes effect on September 15, 2018.

Ü   MEDICAL – HEALTH


INTRODUCING THE LIST OF ESSENTIAL MEDICINES

This List is issued on August 30, 2018 in Circular No. 19/2018/TT-BYT which issued on August 30, 2018 and takes effect on October 15, 2018.

Medicines will be considered to be on the List of essential medicines if the following criteria are satisfied: Ensure safety and efficaciousness for users; Meet the healthcare needs of the population.

In addition, each medicine will have its own criteria: With respect to chemical medicines and biologicals, single-ingredient medicines shall be preferred; With respect to

vaccines, those vaccines used in the expanded program on immunization shall be preferred; With respect to traditional medicines, those medicines formulated in Vietnam shall be preferred…

In particular, the List of essential medicines includes List of essential chemical medicines, vaccines, and biologicals; List of essential traditional medicines, traditional medicinal ingredients, and herbal medicines… Details of those medicines are attached in this Circular.

Ü  EDUCATION – TRAINING – VOCATION


TO AVOID EXPLOITING EDUCATIONAL SPONSORSHIP
TO FORCE CONTRIBUTIONS

On August 03, 2018, the Ministry of Education and Training issues the Circular No. 16/2018/TT-BGDDT on prescribing sponsorship for educational institutions in the national education system.

In accordance with this Circular, the sponsorships must follow these principles:

- No restriction on the average amount of sponsorship, no restriction on the minimum amount of sponsorship; avoid exploiting educational sponsorship to force contributions, and must not consider mobilization of sponsorships as mandatory conditions for provision of educational and training services;

- Physical objects that are not suitable for use in educational institutions or those that are harmful or dangerous must be avoided…

- The mobilization, receipt, management and use of sponsorships must be published and publicly posted on notice boards of educational institutions receiving sponsorships…

- Sponsors should be encouraged to put their own stakes in the construction and purchase of equipment and the complete installation thereof for handover to educational institutions according to the agreement…

This Circular also emphasizes sponsorships shall not be mobilized to pay teaching remunerations, remunerations for watching student’s vehicles; remunerations for maintenance of class hygiene, rewards to teachers…

This Circular takes effect on September 18, 2018.

Ü  CULTURE – SPORTS – TOURISM


CADRES, CIVIL SERVANTS AREN’T ALLOWED TO USE
STATE-OWNED CARS TO ATTEND FESTIVALS

The management and organization of festivals is guided at the Decree No. 110/2018/ND-CP dated August 29, 2018 and takes effect on October 15, 2018.

In accordance with this Decree, a festival attendee must wear clothes that are appropriate to fine traditions and customs, do not use bad language and insult spirituality, which badly affects solemn atmosphere of a festival.

Besides, a festival attendee must burn incense and votive papers in designated places; do not push or bump against others; protect the environment…

Noticeably, the Government requires cadres, civil servants, public employees not to attend festivals during office hours, do not use State-owned vehicles and State-owned equipment (or rent vehicles) to attend festivals.


In order to maintain typical cultural values and satisfy spiritual aspirations of the people, the State shall provide assistance in the revival and preservation of traditional festivals. Concurrently, promote international cooperation in festival organization; apply modern technology to organize cultural festivals, industry festivals and festivals of foreign origin…

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