WEEKLY LEGAL UPDATE
DNP LAW FIRM
Legal News From Vietnam
May 11, 2019
(No.DNP.ArlertsVi: 18/2019)
Welcome to our Weekly Legal Update- latest news on noticeable legal issues, change in policy and law of Vietnam.
This week, you are noticed of following information:
• Preventing harassment, troublesome actions to citizens and enterprises.
• Government issued Decree regulating details for Planning Law
• No using Social Network to propagandize information impacting education environment
• Tax Policy for Owner of Private Enterprise, owner of Limited Company owned by one individual.
Preventing harassment, troublesome actions to citizens and enterprises
The Prime Minister issued Directive No.10/CT-TTg dated April 22, 2018, on enhancement of effective prevention and solution for harassment and troublesome actions to citizens and enterprises when processing work.
Prime Minister requests Ministers, heads of Ministrial- level agencies, Governmental Agencies, Chairmen of People’s Committee of Central Provinces to promptly review, amend and supplement mechanisms, policies and law under their management, to identify corruption red flags basing on title of officers in order to timely inspect, supervise, correct defects that can cause obstacles, difficulties to enterprises and individuals; reviewing administrative procedure with orientation of simplification, omission of unnecessary, overlap and complicated phases, shortening time, making pathway for solution. After receiving documents and performing procedures as regulated, it is prohibited to request enterprises and people to make supplementation for the document more than 1 time.
Publishing hotline, email address, organizing to receive and timely process reflection, recommendation and claim of citizens and enterprises, especially on harassment, troublesome actions. Publishing result of solution. Violating officer must apologize to citizen, enterprise and correct consequence, serve the violation in compliance with legal regulation, making regular report on prevention of corruption.
“After receiving documents and performing administrative procedure as regulated, it is prohibited to request enterprise or individual to make supplementation for the documents more than 1 time“
Directive 10/CT-TTg
The Government issues Decree regulating details for Planning Law
The Government issued Decree No. 37/2019/ND-CP regulating details for several articles of Planning Law 2017.
The Decree regulates details for several contents of Article 15 (Planning responsibility), Article 17 (This Decree regulates some detailed contents of Article 15 (Planning responsibility), Article 17 (organization of planning advice), Article 19 (Collecting ideas on Planning), Article 22 (National overall planning content), Article 23 (National sea space planning content), Article 24 (National land planning and use content), Article 25 (National sector planning content), 30 (Council of Planning Verification), Article 40 (Planning publication mode), Article 41 (information system and national database infrastructure on planning) and Article 49 (planning performance assessment responsibility) of Planning Law. In Details …
Sanctioning officers, staff, experts violating Accusation Law.
On April 10, 2019, The Government issued Decree 31/2019/ND-CP regulating details for several articles and measures to organize performance of Accusation Law, among them is regulation on sanction to officers and staffs who commit actions violating Accusation Law.
Specifically, persons authorized to solve accusation, persons accusing who are officers, staff, experts shall be sanctioned, basing on severity of the violation, in accordance with legal regulations and the ones of this Decree or shall be brought criminal liability into account. Any damage or loss shall be compensated in accordance with legal regulation on State compensation liability.
No using Social Network to propagandize information impacting education environment
Ministry of Education and Training issued Circular 06/2019/TT-BGDDT regulating rules of behaviors at nursery school, mainstream and regular education facilities.
Accordingly, common rules of behaviors applied to managers, teachers, learners and learners’ parents at education facilities are:
– Seriously practicing legal regulations on rights and obligations of citizen, officers, staff, teachers, employees and learners.
– No using Social Network to propagandize, communicate, comment information or images which are in contrary to good national customs, to Party’s orientation, to Government’s policies and law or behavior impacting environment environment.
– No smoking, drinking alcohol or using banned substances at education facilities as regulated by law, no participating in social evil.
– Practicing healthy and positive life style, caring, sharing and helping people around.
– Protecting, keeping landscape of education facility, building up safe, friendly, green, clean and nice education environment.
– Managers, teachers should wear courteous costume, matching with education environment and activities. Staff should wear clothes suitable for educational workplace and occupation features;
– Learners should wear clean, neat clothes, proper with their age and education activities; learner’s parents and guests of school should also present at school with appropriate costume.
– No wearing offensive clothes.
– No cheating, defrauding, calumniating, harassing, being quarrelsome, enforcing, threatening, making violence action to others.
– No making impact on health, honor, dignity of himself, other and prestige of agency.
Circular 06/2019/TT-BGDDT comes into official effect from 28/5/2019.
Tax policy for owner of private enterprise, owner of Limited Company owned by one individual.
Amount acquired by owner of Limited Company is not considered revenue from salary, bonus, wage and not applied by personal income tax.
Fee for salary, insurance policy, house rental and other relevant services paid for owner of Limited Company, regardless direct participation in business operation, are under non deductible fees when identifying business income taxable amounts. In details …
The above mentioned content is up-to-date legal information of this week. Thanks for your attention.
Note: The Legal Update shall not be considered official advice from our lawyers. Should you have any requirement for advice or explanation on particular cases or for the document mentioned in the Legal Update in integral form, please do not hesitate to contact us through e-mail address: [email protected].