Headline of Notable Documents Last Week (from October 1, 2023, to October 6, 2023)

Headline of Notable Documents Last Week (from October 1, 2023, to October 6, 2023)
Thuy Phu

In the past week, from October 1, 2018 to October 6, 2018, Thu Ky Luat has updated many new documents, notably the documents on the Communist Party, transportation, tax,... as follows:

  1. New Guidance on Year-End Review, Evaluation, and Classification of Party Members

On September 24, 2018, the Central Executive Committee issued Guidance 16-HD/BTCTW, outlining new regulations on reviewing, evaluating, and classifying the quality of party organizations, party members, and the collective and individual leadership and management staff at all levels, replacing Guidance 27-HD/BTCTW dated September 25, 2014.

Notably, there are three criteria for evaluating Communist Party members who fulfill their duties exceptionally, as follows:

- Communist Party members who are truly exemplary in terms of capability, moral character, lifestyle, always leading in innovation and creativity, with quantifiable specific achievements, and have numerous outstanding accomplishments in their work, serving as models for other party members to study and follow;- All assigned task performance criteria are rated at "Excellent"; other criteria are rated at "Good" or higher.- Communist Party members who are officials and public employees must be classified as “Outstanding in their duties”.

Note: The number of party members classified as "Outstanding in their duties" shall not exceed 20% of the number of party members classified as "Good in their duties" in each party grassroots organization.

Details can be found in Guidance 16-HD/BTCTW, effective from the date of issuance.

  1. Many Vehicle Registration Regulations Abolished from October 15, 2018

The Ministry of Transport has issued Circular 42/2018/TT-BGTVT, amending and supplementing regulations related to the field of registration.

From October 15, 2018, some documents in the dossier for quality inspection and environmental protection of specialized motorcycles will be officially abolished. Specifically, documents such as:

- A copy of the Commercial Invoice or equivalent documents;- A copy of the Import Goods Declaration (for imported vehicles stored outside the customs surveillance area and submitted before the actual inspection).

Additionally, Circular 42 abolishes some regulations of Circular 89/2015/TT-BGTVT such as:

- The type approval inspection method for unused vehicles manufactured no more than 3 years before the import date;- COP evaluation at overseas production facilities for unused vehicles;- File retention.

  1. Cases of Suspension of Digital Certificates for Subscribers

The Government of Vietnam issued Decree 130/2018/ND-CP, detailing the Electronic Transactions Law regarding digital signatures and digital signature authentication services.

Decree 130 stipulates four cases for temporarily suspending the subscriber's digital certificates, including:

- When the subscriber requests it in writing and this request has been verified as accurate by the public digital signature authentication service provider;- When the public digital signature authentication service provider has a basis to confirm that the issued digital certificate does not comply with regulations or when any mistake affecting the subscriber's and recipient’s rights is found;- Upon request by judicial authorities, police agencies, or the Ministry of Information and Communications;- Under conditions for suspension of the digital certificate as stipulated in the contract between the subscriber and the public digital signature authentication service provider.

Decree 130/2018/ND-CP is effective from November 15, 2018.

  1. Permission to Suspend Coercion for Taxpayers with Tax and Penalty Debts

This new provision is mentioned in Circular 87/2018/TT-BTC, amending and supplementing Circular 215/2013/TT-BTC guiding the coercive implementation of administrative tax decisions.

Circular 87 adds principles for temporarily suspending coercive measures for taxpayers with tax debts, penalties, late payment of taxes, and penalties on overdue taxes when the amount is being coerced or nearing the deadline for coercive measures has been issued by the tax authorities with one of the following documents:

- Decision to Pay Tax Debts in Installments;- Decision to Extend Tax Payment;- Notification of No Late Payment Penalty Interest.

(The current regulation only mentions principles for not yet implementing coercive measures against taxpayers with tax debts, penalties, late payment of taxes, late payment of penalties).

Circular 87/2018/TT-BTC is effective from November 15, 2018.

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