Highlights of Legal Documents Last Week (from March 12, 2023, to March 17, 2023)

1. Officials prohibited from participating in multi-level marketing

This regulation is mentioned in Decree 40/2018/ND-CP regarding the management of business activities conducted in a multi-level marketing manner.

Decree 40 adds three new groups prohibited from participating in multi-level marketing:

- Individuals who have previously been fined for violations of prohibited acts (specified in Clauses 2, 3, 4 Article 5 of this Decree) and have not yet surpassed the period considered not to have committed administrative violations;- Individuals who are general partners, owners of private enterprises or one-member limited liability companies, members of two-member limited liability companies or more, etc., whose certificates of multi-level marketing business registration have been revoked (Point c Clause 1 Article 7, Decree 40);- Officials as defined by the law on officials.

For details, refer to Decree 40/2018/ND-CP, effective from May 2, 2018, replacing Decree 42/2014/ND-CP.

1. Update on 5 new administrative procedures in accounting and auditing

On March 7, 2018, the Ministry of Finance signed Decision 286/QD-BTC to announce 5 new administrative procedures, replacing those previously regulated (in Decision 2083/QD-BTC dated September 29, 2016) in the field of accounting and auditing. Specifically:

- Registration for the examination to obtain the auditor certificate (first-time registration);- Registration for the examination to obtain the accountant certificate (first-time registration);- Registration for the examination to obtain both auditor and accountant certificates (re-examination for failed subjects or continuation exam for pending subjects);- Registration for the examination for individuals with foreign accounting or auditing expert certificates;- Registration for the auditor certificate examination for individuals already holding the accountant certificate.

Details of the procedures can be found in Decision 286/QD-BTC, effective from the date of signing.

1. Using red ink to sign accounting documents: Fine up to 5 million VND

This is a new point in Decree 41/2018/ND-CP on regulations for administrative violations in the field of accounting and independent auditing.

Decree 41 imposes fines ranging from 3 to 5 million VND for the following violations:

- Accounting document templates lacking essential content as prescribed (current penalty from 500,000 to 1 million VND);- Erasing or amending accounting documents (current penalty from 500,000 to 1 million VND);- Signing accounting documents using red ink or ink that fades over time;- Signing accounting documents using pre-engraved signature stamps;- Not signing each individual part of the expenditure documents.

More details in Decree 41/2018/ND-CP, effective from May 1, 2018, replacing Decree 105/2013/ND-CP.

1. From January 1, 2020, pharmacists must have a diploma from intermediate level or higher

This is one of the personnel criteria in the GPP standard (Good Pharmacy Practice standard) mentioned in Circular 02/2018/TT-BYT, effective from March 8, 2018, replacing Circular 46/2011/TT-BYT.

Personnel directly involved in selling, receiving, preserving, managing the quality of drugs, or preparing drugs at pharmacies must meet the following requirements:

- Have the appropriate qualifications and practical experience relevant to the assigned work, noting:- From January 1, 2020, individuals directly selling drugs must hold a pharmaceutical diploma from at least the intermediate level or higher;- Individuals directly preparing drugs or performing clinical pharmacy work must have a university degree in pharmacy.- Not currently under disciplinary action from a warning or above related to medical or pharmaceutical expertise;- Undergo initial and ongoing training in Good Pharmacy Practice standards.

Additionally, Thu Ky Luat has also updated numerous new documents regarding enrollment work, such as:

1. Official Dispatch 991/BGDDT-QLCL dated March 15, 2018, guiding the implementation of the National High School Exam Regulations and recognition of high school graduation in 2018;
2. Official Dispatch 899/BGDDT-GDDH dated March 9, 2018, guiding university regular enrollment work; enrollment in colleges and intermediate levels for teacher training in 2018;
3. Circular 05/2018/TT-BGDDT (effective from April 15, 2018) amending and supplementing the regulations on lower secondary and upper secondary school enrollment issued with Circular 11/2014/TT-BGDDT;
4. Circular 24/2018/TT-BQP (effective from April 15, 2018) amending and supplementing Circular 17/2016/TT-BQP and Circular 42/2017/TT-BQP detailing and guiding the implementation of enrollment work into military schools;
5. Circular 07/2018/TT-BGDDT (effective from April 16, 2018) amending and supplementing the regulations on regular university enrollment; enrollment in colleges for teacher training.

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