Overview of the Most Notable Documents of the Past Week (from March 19 - March 24)

1. Incentive Policies for SMEs Transitioning from Household Businesses

Decree 39/2018/ND-CP stipulates details of the Law on Supporting Small and Medium Enterprises (SMEs) with many incentives for SMEs transitioning from household businesses such as:

- Free consultation and guidance on procedures, documents, and forms for business registration and certification of business conditions for conditional business sectors;- Exemption from the first-time business registration fee at the business registration office;- Free publication of the initial business registration content on the National Business Registration Portal;- Exemption from evaluation fees and license fees for the first-time conditional business sectors;- Exemption from business license tax for 03 years from the date of issuance of the initial business registration certificate;- Free tax administrative procedures and accounting policies for 03 years from the date of issuance of the initial business registration certificate.

Decree 39/2018/ND-CP is effective from March 11, 2018, replacing Decree 56/2009/ND-CP.

1. Fines Up to VND 100 Million for Intentional Self-Harm to Claim Insurance

This new fine is mentioned in Decree 48/2018/ND-CP amending and supplementing Decree 98/2013/ND-CP on administrative sanctions in the insurance (IS) and lottery business sectors.

Fines ranging from VND 90 – 100 million for fraud in the insurance business involving sums misappropriated < VND 20 million or causing damage < VND 50 million or not qualifying for criminal prosecution, including:

- Colluding with insurance beneficiaries to illegally settle insurance claims or payouts (the current fine is VND 60 – 70 million);- Forging documents or intentionally altering information to deny insurance claims or payments when the insurance event has occurred;- Forging documents or intentionally altering information in the insurance claim files;- Deliberately causing self-harm or damaging property to claim insurance benefits except as otherwise provided by law.

See more in Decree 48/2018/ND-CP effective from May 10, 2018.

1. Inmates to Bear Telephone Charges When Calling Family Members

The Ministry of Public Security issued Circular 07/2018/TT-BCA (effective from March 29, 2018), stipulating regulations on inmates meeting visitors, receiving and sending letters, receiving money and items, and making phone calls to relatives. Accordingly:

- Inmates are allowed to contact their families by phone and must pay the phone charges from their deposit accounts by a ledger entry;- Inmates can make domestic calls to family members once a month, each call not exceeding 05 minutes (Clause 2, Article 47 Law on Execution of Criminal Judgments);- Inmates who comply with the regulations of the detention facility and achieve good results in labor and studies will be allowed an additional phone call to family members each month;- Inmates under the age of 18 are allowed to contact their families by phone no more than 04 times a month, each call not exceeding 10 minutes, under the supervision of prison officers and at their own expense (Article 53 Law on Execution of Criminal Judgments).

1. Cases of Successful Mediation and Dialogue as Guided by SPC

On March 20, 2018, the Supreme People's Court (SPC) issued Official Dispatch 55/TANDTC-PC guiding criteria for determining successful mediation and dialogue in resolving civil cases and administrative cases.

A civil case is considered to have successful mediation if:

- The parties involved reach an agreement on the resolution of the entire case; The judge issues a decision recognizing the parties' agreement;- After mediation, the plaintiff withdraws the lawsuit; The court issues a decision to suspend the resolution of the civil case due to the plaintiff withdrawing all claims;- In divorce cases, disputes over child custody and division of property during divorce proceedings where, after mediation, the husband and wife do not reunite but agree to the divorce, child custody, and property division; The court issues a decision recognizing mutual consent to divorce and the agreement of the parties.- In civil cases on recognition of mutual consent to divorce, child custody, and property division during divorce, where after mediation, the husband and wife reunite; The judge issues a decision to suspend the resolution at the request.

See more about Administrative cases identified as successful dialogue cases in Official Dispatch 55/TANDTC-PC.

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