Share on facebook
Share on email
Share on google
Share on linkedin

New policies will take effect from June 2022

Nội dung bài viết

1.      Subjects that not allowed to buy enterprises with 100% state capital from June 01, 2022

On April 25, 2022, the Government issued Decree No. 23/2022/ND-CP detailing the establishment, rearrangement, ownership conversion, and transfer of the right to represent the owner in enterprises 100% charter capital is held by the State.

Accordingly, Article 23 of Decree 23/2022/ND – CP stipulates that there are 06 groups of subjects who are not allowed to buy enterprises in which 100% of charter capital is held by the State, including:

  • People who have no capacity for civil acts, people who have lost or have limited civil act capacity, people who have difficulties in perception, behavior control or people at the time of registration to participate in the auction are not aware of and control their
  • Intermediary financial institutions, auditing agencies determining enterprise value and individuals belonging to these organizations directly appraise, appraise and audit enterprises; father, mother, wife, husband, child, biological brother, biological sister or younger brother of the person who directly appraises, appraises or audits the

The enterprise auction organization and the people working in the enterprise auction organization shall conduct the auction; father, mother, wife, husband, child, brother, sister, younger brother of the auctioneer who runs the auction.

  • The person authorized by the owner ‘s representative agency to handle the sale of the business; the person who has the right to decide on the sale of the enterprise, the person who signs the enterprise auction service contract;
  • Father, mother, wife, husband, child, biological brother, sister of the person specified in Clause 3 of this Article;
  • Persons who do not have the right to establish and manage enterprises as prescribed by
  • Foreign investors in accordance with the provisions of the law on investment related to the conditions on market access, assurance of national defense and security and the law on

Besides, a point worth noting compared to Decree 128/2014/ND-CP Article 4 of this Decree stipulates that enterprise in which 100% charter capital is held by the State may only be considered for establishment when fully meeting the following conditions:

  • Having an operating industry or field within the scope of state capital investment to establish an enterprise according to regulations on management and use of state capital invested in production and business in enterprises;
  • Ensure sufficient charter capital as prescribed in Article 5 of Decree 23/2022/ND-CP;
  • Having a valid dossier as prescribed in Article 6 of Decree 23/2022/ND-CP;
  • The establishment of enterprises must be consistent with the strategy and plan for socio- economic development and national sector

This Decree takes effect from June 01, 2022 and replaces Decree No. Decree No. 172/2013/ND-CP dated November 13, 2013 and Decree No. 128/2014/ND-CP dated December 31, 2014.

2.      From June 25, 2022, small and medium-sized enterprises will be supported by many policies

On May 10, 2022, the Ministry of Planning and Investment issued Circular 06/2022/TT- BKHDT guiding the Government’s Decree 80/2021/ND-CP guiding the Law Provision of assistance for Small and Medium-sized Enterprises. Accordingly, Circular 06/2022/TT- BKHDT stipulates that innovative start-up small and medium enterprises will receive support from the state budget for the following activities:

  • Students of small and medium-sized enterprises participating in domestic and foreign intensive training and training are supported including: Tuition fees, materials, meals, accommodation, transportation (including air tickets).

Contents of short-term intensive training courses abroad include: Building and developing products; commercialization of products; e-commerce development; call for investment capital; market development; connecting startup networks and other content according to the needs of innovative start-up SMEs.

  • Small and medium enterprises that maintain accounts on e-commerce platforms will be supported:

+ For domestic e-commerce floors: Payment fees, fixed fees and service fees must be paid by the seller to the e-commerce platform.

+ For international e-commerce platforms: Seller account fees, referral fees, order fulfillment fees, storage fees, product barcode registration costs,  product design and photography costs, advertising costs on e-commerce platforms.

  • Small and medium enterprises participating in international competitions on innovative start-ups are supported with fees and charges for participating in the contest; eat and stay in the host country; travel (including airfare); transport documents, products, equipment for participating in the contest.

In addition, regarding the selection of small and medium-sized enterprises in the industry cluster in the field of production and processing, the Circular stipulates that the forms of association between SMEs and other enterprises in the cluster include: concluded in the form of a joint purchase contract for input materials (SMEs and at least one other enterprise in the cluster has a contract to purchase input materials from one supplier); in the form of a contract for the general sale of products (SMEs and at least one other enterprise in the cluster have a contract to sell products to one purchasing party); in the form of purchase, sale and cooperation contracts; in the form of jointly building and using the brand.

This is considered a new policy of the State in perfecting the policy of innovative startup ecosystem, when the innovative startup ecosystem is of great significance to Vietnam in terms of quantity and scale. enterprises are lower than some countries in the region and the world.

Circular 06/2022/TT-BKHDT will take effect from June 25, 2022.

3.      Paper invoices cannot be used after June 30, 2022

On October 19, 2022, the Government issued Decree No. 123/2020/ND-CP stipulating invoices and documents. Accordingly, Decree No. 123/2020/ND-CP stipulates that businesses and economic organizations have announced the issuance of ordered invoices, self-printed invoices or purchased invoices from tax authorities before October 19, 2020 will still be able to continue using that invoice until the end of June 30, 2022. Instead of using paper invoices, from July 1, 2022, businesses, economic organizations, business households and business individuals will have to switch to using electronic invoices.

Besides, it is worth noting that, in this Decree, there are many new regulations that are more open than the old ones in Decree 51/2010/ND-CP and Decree 04/2014/ND-CP on Invoice and voucher (for example, invoiced after 7 days from the date of data verification attached to the list for e-invoice…)

Decree 123/2020/ND-CP will take effect on July 01, 2022 and replaces Decree 51/2010/ND-CP and Decree 04/2014/ND-CP.

4.      Suspending vocational education activities in some cases from June 01, 2022

On April 6, 2022, the Government issued Decree No. 24/2022/ND-CP amending and supplementing decrees regulating conditions for investment and operation in the field of vocational education. In particular, this Decree provides for the suspension of vocational education activities as follows:

Vocational education institutions, vocational education – continuing education centers and enterprises shall have their vocational education activities suspended in the following cases:

  1. Violating one of the cases specified at Points a, b and c, Clause 1, Article 20 of the Law on Vocational Education;
  2. Organize vocational education activities according to the certificate of registration of vocational education activities, certificate of additional registration of vocational education activities, which are issued improperly;
  3. Failing to publicize the conditions to ensure the organization of vocational education activities for training lines and occupations after being granted certificates of registration of vocational education activities or certificates by a competent register additional vocational education activities on the website of their establishments; failing to send public results to the Department of Labor – Invalids and Social Affairs where vocational education activities are organized;
  4. Failing to update vocational education diplomas and certificates issued by their institutions on the Information page for looking up vocational education diplomas at http://vanbang.gdnn.gov.vn.

Thus, compared with Decree No. 143/2016/ND-CP stipulating conditions for investment and operation in the field of vocational education, Decree 24/2022/ND-CP has amended and supplemented regulations on basic vocational education and training centers, vocational education centers – continuing education and enterprises will be suspended from vocational education activities in the above cases.

In addition, a remarkable point compared with Decree No. 143/2016/ND-CP, Decree 24/2022/ND-CP amending the authority to issue certificates of registration of vocational education activities. Accordingly, the competence to issue certificates of registration of vocational education activities is amended as follows:

  • Education and Training General Department issues certificates for colleges (currently issuing certificates for colleges and higher education institutions);
  • The Department of Labor – Invalids and Social Affairs issues certificates for:

+ Intermediate schools, vocational training centers, enterprises;

+ Vocational Education center – Continuing education (new regulations).

Decree 24/2022/ND-CP takes effect from June 1, 2022 and replaces Decree 143/2016/ND-CP.

5.        19 new tasks and powers of the Department of Planning and Investment

On May 6, 2022, the Ministry of Planning and Investment issued Circular 05/2022/TT- BKHDT guiding the functions, tasks and powers of the Department of Planning and Investment under the Provincial People’s Committee, and the Finance – Planning Department under the District-level People’s Committee. Accordingly, the Circular clearly states that the Department of Planning and Investment performs the tasks and powers in accordance with the law on planning, planning and investment and has the following specific tasks and powers:

The Circular clearly states that the Department of Planning and Investment shall perform its duties and powers in accordance with regulations and submit it to the People’s Committee of the province: a draft of the implementation plan of the provincial planning; the province’s five-year and annual socio-economic development plans, the proposed five- year and annual plans for allocating public investment capital from the central and local budgets; investment promotion plan, annual investment promotion program, list of projects attracting investment of the locality; the province’s main socio-economic balances, including the balance of public investment capital.

Submit to the President of the Provincial People’s Committee: A draft decision defining the functions, tasks, powers and organizational structure of the public non-business units (if any) under the Department in accordance with law.

To assist the President of the Provincial People’s Committee in directing, guiding, inspecting, informing, propagating, disseminating and educating the law in the field of planning and investment; organize the implementation of legal documents, policies, master plans, plans, programs, projects, schemes, which fall under the State management of the Department after they are promulgated by competent authorities or approve.

Regarding planning: Advise and assist the Provincial People’s Committee in promulgating and organizing the implementation of legal documents on provincial planning; plans, policies, solutions, allocating resources to implement and evaluate the implementation of the provincial planning; organize the collection of opinions, organize the announcement of the provincial planning.

Regarding development investment, investment in the form of public-private partnership: To assume the prime responsibility for, and coordinate with relevant agencies in, formulating plans and tentatively allocating public investment capital levels for each task, program, and project. projects using public investment capital managed by the province.

Regarding domestic and foreign investment management: Issuing, adjusting and withdrawing investment registration certificates for investment projects outside industrial parks, export processing zones, high industrial zones, economic zones and other cases as prescribed by the law on investment.

Regarding the management of ODA, concessional loans from foreign donors and non- refundable aid sources that are not part of official development assistance of foreign agencies, organizations and individuals.

Bidding management: Appraisal of contractor selection plans for projects decided by the President of the provincial People’s Committee; appraisal of dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, and bidding documents.

Regarding enterprises, business registration: Organize the receipt of business registration documents; grant or refuse to grant business registration; guide enterprises and enterprise founders on dossiers, procedures and order of enterprise registration; Free advice and guidance for business households to register to convert into enterprises.

Regarding the collective economy and the private economy: Assume the prime responsibility for synthesizing, proposing and organizing the implementation of strategies, programs, plans and projects for the development of collective economies, cooperatives, business households and businesses. private sector; formulating and organizing the implementation of mechanisms and policies to support and give incentives to the collective economy and cooperatives.

Implement international cooperation in the field of planning, planning and investment in accordance with the law and as assigned or authorized by the People’s Committee of the province.

Provide professional guidance in the areas of planning, planning and investment under the management of the planning and investment sector for the Finance – Planning Department under the district-level People’s Committee.

Organizing research and application of scientific and technical advances; building an information system, storing and performing digital transformation in service of state management and professional expertise in the assigned field.

To inspect, examine and settle complaints and denunciations in accordance with law; prevent and fight corruption, practice thrift and fight waste;

Specifying the functions, tasks, powers and working relationships of offices, specialized and professional divisions of the Department (if any), in accordance with the functions, tasks and powers of the Department.

Managing the organizational structure, civil servant payroll, civil servant rank structure, employment positions, civil servant structure by professional title and the number of people working in public non-business units; implement the salary regime and policies, remuneration, training, retraining, reward and discipline regimes for officials, public servants, public employees and employees under the Department’s management according to regulations.

Manage and take responsibility for finance and assigned assets in accordance with the law and as assigned by the People’s Committee of the province.

Carry out the work of periodically and irregularly reporting information and reports on the performance of tasks in the assigned fields of work to the Provincial People’s Committees and the Ministry of Planning and Investment.

Perform other tasks as prescribed by law or assigned or decentralized by the Ministry of Planning and Investment, the People’s Committee of the province, the President of the People’s Committee of the province as prescribed by law.

Circular 05/2022/TT-BKHDT takes effect from June 20, 2022 and replaces Joint Circular No. 21/2015/TTLT-BKHĐT-BNV guiding functions, tasks, powers and structure organization of the Department of Planning and Investment under the People’s Committee of the province and city directly under the Central Government and the Finance and Planning Department under the People’s Committee of the district, town, provincial city, and city directly under the Central Government.

6.      05 complaints cases where police will not be handled

On April 29, 2022, the Ministry of Public Security issued Circular 19/2022/TT-BCA stipulating the competence, order and procedures for settling complaints in the People’s Police. According to the provisions of Circular 19/2022 of the Ministry of Public Security, complaints about administrative decisions and administrative acts of people’s police officers and soldiers will not be handled in the following cases:

  • The complaint does not meet the requirements in terms of form (the application does not specify the sender, does not have the applicant’s signature or ..) and the content (does not specify the content, the reason for the complaint…).
  • The application is sent to many agencies, organizations, units and individuals, including agencies, organizations, units or persons with handling competence but the application- receiving agencies or units are not under the handling competence. .
  • The application has the same contents as the application has been transferred or has been guided according to
  • The application contains contents opposing the idealogy of the VietNam Communist Party, policies and laws of the State; the petition contains content of discrimination of ethnicity and religion; The application contains profanity, libel, and insults the honor and reputation of individuals, agencies, organizations or
  • The application is tattered, the writing is erased, unclear, and cannot be

Circular 19/2022/TT-BCA takes effect from June 15, 2022, replacing Circular No. 68/2013/TT-BCA guiding the handling of complaints, petitions and reflections; complaint settlement and complaint settlement management in the People’s Police.

7.        Vietnam Securities Depository (VSD) changes method of calculating final settlement price (FSP) of VN30 index futures

On May 16, 2022, the Vietnam Securities Depository Center has just issued Decision No. 61/QD-VSD promulgating the Regulation on clearing and settlement of derivatives transactions. Accordingly, this Decision has a number of notable changes, including:

Firstly, change the method of calculating the final settlement price (FSP) of VN30 Index Futures from ”is the closing value of the underlying index at the last trading day” to ”is the price the index’s simple arithmetic average for the last 30 minutes of the last trading day (including 15 minutes of continuous execution and 15 minutes of periodic closing), after excluding 3 index values the highest and 3 lowest index values of the continuous matching session.” It is expected that the first VN30 index futures contract product that applies this FSP pricing method is the VN30F2206 to expire on June 16, 2022, after the Stock Exchange has completed the adjustment of the VN30 Index Futures Contract form and disclosed the information in accordance with regulations.

Secondly, the put-through price is excluded when calculating the required margin and margin usage ratio during the trading session as well as when calculating the daily settlement price using the weighted average method (in the case of case there is no closing price). This change will be effective immediately upon entry into force of the Regulations.

Besides, about the time of application, to ensure time for the Stock Exchange to complete the adjustment of the VN30 index futures contract form and disclose information in accordance with the provisions of Circular No. 96/2020/ TT-BTC for content related to the new FSP method of VN30 Index Futures.

This Decision takes effect from June 01, 2022 and replaces Decision No. 96/QD-VSD dated March 23, 2017 on promulgating the Regulation on margin, clearing and settlement of derivative securities. Decision 87/QD-VSD dated 19/7/2018 on amending and supplementing Regulation on margin, clearing and settlement of derivative securities issued together with Decision No. 96/QD-VSD dated March 23, 2017.

8.      From June 01, 2022, to stop manual toll and pilot non-stop electronic toll collection on Hanoi – Hai Phong highway

On December 28, 2022, the Government issued Decree No. 123/2021/ND-CP amending and supplementing a number of articles of the Decrees on penalties for administrative violations in the maritime domain; road and railway traffic; domestic airline. Accordingly, the Directorate for Roads of Vietnam started a pilot of 100% non-stop electronic toll collection (ETC) on the Hanoi – Hai Phong highway from June 1, 2022.

In addition, vehicles that are not eligible to go on the Hanoi – Hai Phong highway will be fined from 1-2 million dong and have their driving license revoked for 1-3 months according to Clause 3, Article 2 of Decree No. 123/2021/ND-CP.

Thus, only vehicles participating in traffic must use the ETC toll collection service and have a sufficient balance in their accounts to circulate through the toll stations on this expressway.

Decree No. 123/2021/ND-CP takes effect from January 01, 2022.

9.        From June 01, 2022, issue ordinary passports through the Public Service Portal

From June 1, 2022, people can apply for an ordinary passport (without a chip) through the Public Service Portal of the Ministry of Public Security, pay online, receive passports by post or at the immigration authority.

Implement the Government’s Project on “Developing the application of data on population, electronic identification and authentication for national digital transformation in the period of 2022 – 2025, with a vision to 2030” (Project 06) and Decision No. 10695/QD-BCA dated December 25, 2021 of the Minister of Public Security approving the list of level 3 and level 4 online public services provided on the Public Service Portal of the Ministry of Public Security. In 2022, the Immigration Department has coordinated with functional units of the Ministry of Public Security to deploy an online public service to issue ordinary passports (passports without electronic chips) to Vietnamese citizens at level 4.

Accordingly, Vietnamese citizens in the country who have a valid citizen ID with an electronic chip or a valid 12-digit citizen ID, are able to pay fees online via an electronic payment system, can register enter the National Public Service Portal or the Public Service Portal of the Ministry of Public Security to register documents, pay fees online, receive passports by post or come to receive them directly at the immigration authorities when have resulted.

Regarding the implementation process, citizens access the online Public Service Portal of the Ministry of Public Security at https://dichvucong.bocongan.gov.vn, log in, and complete the passport application information according to form X01, email address, upload a portrait photo (for printing on the passport), choose a form of passport receipt (via postal service or go to the immigration office to receive it directly), passport collection address , pay the fee online when requested by the application-receiving officer.

In case citizens are not eligible to use level 4 public services or wish to apply directly, the current process of registration, receipt and processing of passport applications will be applied.

*********

Note: This Legal Bulletin is not considered to be SB Law’s legal advice on any case. The content of this Newsletter focuses solely on the provision and citation of important information, most notably for the legal issue mentioned at the time of publication. SB Law will not assume any responsibility in connection with the citation, use of part or all of the content of this Newsletter for any purpose other than the purpose of referencing or updating information. In case of need of legal advice, please contact SB Law for detailed instructions.

CONTACT US

Contact us for 24/7 consulting support

    Related Posts