Prominent Policies Effective from Mid-September 2018

Prominent Policies Effective from Mid-September 2018
Nguyen Trinh

From mid-September 2018 (from September 15, 2018, to September 30, 2018), many new policies start to take effect. Thu Ky Luat respectfully introduces to esteemed Members and Customers some policies regarding Construction, Commerce, and more as follows:

  1. Construction Practice Certificate Grade I: Requires at least 7 years of experience

the Government of Vietnam issued Decree 100/2018/ND-CP amending, supplementing, and abolishing certain conditions on business investment in the areas under the state management of the Ministry of Construction.

the Government of Vietnam amended some regulations on general conditions for the issuance of construction practice certificates, including conditions on professional qualifications, duration, and experience in jobs relevant to the content requesting the issuance of practice certificates.

To be specific:

- Grade I: Possess a university degree in a relevant major, with at least 7 years of professional experience;- Grade II: Possess a university degree in a relevant major, with at least 4 years of professional experience;- Grade III: Possess an appropriate professional qualification, with at least 2 years of professional experience for individuals with a university degree; at least 3 years for individuals with a college or intermediate degree.

Decree 100/2018/ND-CP is effective from September 15, 2018.

  1. Principles for Managing Potentially Unsafe Products and Goods

The Ministry of Transport issued Circular 41/2018/TT-BGTVT stipulating the list of products and goods potentially causing loss of safety under the management responsibility of the Ministry.

Principles for managing the list of potentially unsafe products and goods are regulated as follows:

For the list of products and goods under Appendix I:

- Imported products and goods must be certified in conformity with national standards and technical regulations before customs clearance;- Domestically produced and assembled products and goods must be certified and announced as conforming to national standards and technical regulations before being introduced to the market.

For the list of products and goods under Appendix II:

- Imported products and goods must be certified or announced as conforming to national standards and technical regulations. The time of inspection and certification is after customs clearance and before being introduced to the market;- Domestically produced goods must be certified or announced as conforming to national standards and technical regulations before being introduced to the market.

Circular 41/2018/TT-BGTVT is effective from September 15, 2018.

  1. Procedure for Considering Emulation Titles, Forms of Commendation, and Consensus Commendation

The Ministry of Agriculture and Rural Development issued Circular 08/2018/TT-BNNPTNT regulating emulation and commendation work in the agricultural sector. This Circular takes effect from September 20, 2018, replacing Circular 47/2015/TT-BNNPTNT.

The process for considering emulation titles, commendation forms, and consensus commendation is as follows:

- Commendation based on achievements and merits: Upon receipt of the unit's proposal dossier, the Standing Committee of the Appraisal Council will seek the opinions of related agencies, units, and present the results to the Council for consideration/collect written opinions from Council members, summarize the results, and submit them to the Minister for a decision;- Commendation of Anniversary Medals, Banners: Upon receipt of the unit's proposal dossier, the Standing Committee of the Appraisal Council will consolidate and submit it to the Minister for consideration and decision;- Consensus commendation: The Standing Committee of the Appraisal Council will consolidate, appraise, collect written opinions from relevant specialized agencies, and submit them to the Minister for a decision.

The time for dossier appraisal and commendation consideration is implemented in accordance with Point b, Clause 2, Article 48 of Decree No. 91/2017/ND-CP.

  1. System of Forms in Enterprise Equitization Implementation

The Ministry of Labor, Invalids, and Social Affairs issued Circular 07/2018/TT-BLDTBXH guiding the formulation of labor utilization plans in enterprises undergoing equitization. Notably, the system of forms is prescribed in Appendix II issued with the Circular.

Examples of some forms include:

- Form No. 1: List of employees, representatives of the enterprise’s capital at other enterprises at the time of determining the enterprise’s value;- Form No. 2: List of employees, representatives of the enterprise’s capital at other enterprises to continue using;- Form No. 3: List of employees, representatives of the enterprise’s capital at other enterprises to retire;- …- Form No. 8: Subjects purchasing shares at preferential prices;- Form No. 9: List of representatives for households contracting to buy shares at preferential prices;- Form No. 10: List of employees and level II enterprise managers purchasing shares at preferential prices;- Form No. 11: List of representatives for households contracting with level II enterprises purchasing shares at preferential prices.

Circular 07/2018/TT-BLDTBXH is effective from September 15, 2018, replacing Circular 33/2012/TT-BLDTBXH.

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