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Notable new policies effective from June 2023

Người Đưa TinNgười Đưa Tin01/06/2023


Guidelines for classifying fixed assets of state agencies

This is the content of Circular 23/2023/TT-BTC dated April 25, 2023 guiding the management regime, depreciation and amortization of fixed assets at agencies, organizations, units and fixed assets assigned by the State to enterprises for management, excluding the State capital component in the enterprise.

Accordingly, the classification of fixed assets of State agencies is as follows:

Classification by nature and characteristics of assets includes: Tangible fixed assets are assets with physical form, independent structure or a system of many separate parts linked together to perform one or several certain functions; Intangible fixed assets are assets without physical form that agencies, organizations, units, and enterprises have invested in creating assets or are formed through the operation process; Special fixed assets are assets whose formation cost cannot be determined or whose real value cannot be assessed but require strict management of physical objects (such as: antiques, exhibits in museums, mausoleums, ranked historical relics, ancient documents, rare documents, etc.), fixed assets are the brand of public service units.

Classification by origin of asset formation: Fixed assets formed by purchase; Fixed assets formed by construction investment; Fixed assets assigned or transferred; Fixed assets donated or promoted (including cases where suppliers exchange old assets for new assets after a period of use according to the manufacturer/supplier's policy); Fixed assets discovered in excess during inventory (not yet tracked in accounting books); Fixed assets of public service units received after the end of the joint venture or association term as prescribed in Clause 6, Article 47 of Decree 151/2017/ND-CP; Fixed assets formed from other sources.

Circular 23/2023/TT-BTC takes effect from June 10, 2023 and replaces Circular 45/2018/TT-BTC dated May 7, 2018.

Amending the application for amendment and supplement of electricity operation license

On April 21, 2023, the Minister of Industry and Trade issued Circular 10/2023/TT-BCT amending Circular 21/2020/TT-BCT regulating the order and procedures for granting electricity operation licenses, effective from June 9, 2023.

Accordingly, the application dossier for amending and supplementing the electricity operation license includes:

In case of changing the name or head office address of the unit as prescribed in Clause 2, Article 14 of Circular 21/2020/TT-BCT, the dossier includes the following contents: Application for electricity operation license according to Form 01 specified in the Appendix issued with Circular 21/2020/TT-BCT; Copy of Business Registration Certificate or Establishment Decision, Establishment Certificate (for organizations without Business Registration Certificate) of the organization requesting the license.

In case an organization requests a license to receive the transfer of assets or reduce part of the scope of operations from a unit that has been granted an electricity operation license, the application dossier for amending the electricity operation license includes: A written request for an electricity operation license according to Form 01 specified in the Appendix issued with Circular 21/2020/TT-BCT; A copy of the Business Registration Certificate or the Establishment Decision or the Establishment Certificate (for organizations without a Business Registration Certificate) of the organization requesting the license; Documents proving the transfer of assets; documents proving the transfer of personnel or documents on the team directly managing technical, operational management, and consulting experts according to the corresponding provisions in Clause 3, Article 6, Clause 3, Article 7, Clause 3, Article 8 and Clause 3, Article 9 of Circular 21/2020/TT-BCT in case of personnel changes.

Instructions for the recognition process of revolutionary activists before January 1, 1945

This is the content of Circular 14/2023/TT-BCA guiding the process of recognizing and implementing preferential treatment for people with revolutionary contributions under the responsibility of the Ministry of Public Security .

The procedure for recognizing revolutionary activists before January 1, 1945 is as follows:

Individuals write a declaration according to Form No. 01, Appendix I, Decree 131/2021/ND-CP and send it to the People's Committee of the commune, ward or town where they permanently reside, along with one of the documents specified in Article 5 of Decree 131/2021/ND-CP.

After receiving all the documents as prescribed in Clause 1 and Clause 2, Article 7 of Decree 131/2021/ND-CP transferred by the People's Committee at the commune level, the Standing Committee of the Central Public Security Party Committee assigned the Department of Organization and Personnel to preside over the appraisal and report.

Within 20 days from the date of receipt of all documents, the Department of Personnel Organization is responsible for coordinating with the relevant units and localities to verify and complete the dossier, request the Standing Committee of the Central Public Security Party Committee to consider and issue a decision to recognize revolutionary activists before January 1, 1945 according to Form No. 49, Appendix I, Decree 131/2021/ND-CP; transfer the dossier with the recognition decision to the Department of Labor - Invalids and Social Affairs where the beneficiary is a permanent resident to implement the preferential regime.

Circular 14/2023/TT-BCA takes effect from June 5, 2023 and replaces Circular 61/2013/TT-BCA.

Promulgating National Technical Regulations on Classification of Works for Construction Design

This is the content of Circular 05/2022/TT-BXD on QCVN 03:2022/BXD National technical regulation on Classification of works for construction design.

Accordingly, QCVN 03:2022/BXD National technical regulation on Classification of works for construction design is issued.

This standard stipulates the classification of constructions according to the following criteria: Consequences of damage or destruction of the construction structure (hereinafter referred to as consequence level); Design life of the construction; Technical classification of fire for constructions (or parts of constructions, hereinafter referred to as constructions), including: fire resistance level, structural fire hazard level and fire hazard group according to function.

This standard applies to determine economic and technical solutions when designing civil, industrial, technical infrastructure and other house-type works.

This standard applies to the design and construction of new works specified in 1.1.2 of this standard, and is encouraged to be applied when designing and renovating existing works.

This regulation applies to organizations and individuals involved in construction investment activities in Vietnam.

Circular 05/2022/TT-BXD takes effect from June 1, 2023 and replaces Circular 12/2012/TT-BXD dated December 28, 2012.

Changing the way electricity prices are calculated for tenants

Tenants who are students or workers will be subject to the new method of calculating electricity bills according to the provisions of Clause 4, Article 1 of Circular No. 09/2023/TT-BCT. This Circular takes effect from June 15, 2023.

With a rental contract of 12 months or more, temporary or permanent residence registration: The landlord directly signs the electricity purchase contract/represents the tenant to sign the electricity purchase contract, which includes the landlord's commitment to pay the electricity bill;

For rental contracts under 12 months, the landlord cannot fully declare the number of electricity users: Apply the retail price of household electricity level 3 from 101 - 200 kWh for all electricity numbers on the meter.

For rental contracts of less than 12 months, the landlord must declare the full number of people using electricity, and the quota for the landlord is based on information about residence at the location of electricity use. Accordingly, every 4 people are considered a household using electricity to calculate the quota as follows:

One person is counted as 1/4 of the norm; 2 people are counted as 1/2 of the norm; 3 people are counted as 3/4 of the norm; 4 people are counted as 1 norm.

When there is a change in the number of tenants, the landlord will notify to adjust the electricity calculation rate.

Issue 9 lists of domestically produced machinery and equipment

The Ministry of Planning and Investment issued Circular No. 01/2023/TT-BKHĐT dated April 14, 2023 on the List of machinery, equipment, spare parts, specialized means of transport, raw materials, supplies, and semi-finished products that can be produced domestically. This Circular takes effect from June 9, 2023.

Accordingly, the Circular lists 9 categories of domestically produced machinery and equipment.

Regarding the principles of determining and comparing information, the Circular clearly states that the determination of domestically produced goods must be based on the "Name of goods" and "Symbol of specifications and technical characteristics." Regarding the "Import tax code" for lookup only, the determination of codes for imported goods is carried out in accordance with the provisions of the law on tax.

The above-mentioned lists of goods are the basis for determining domestically produced goods and do not include all other domestically produced goods that are not yet specified in this Circular.

Amending the principles of selecting investors for social housing projects through bidding

The Ministry of Construction issued Circular 03/2023/TT-BXD dated April 28, 2023 amending and supplementing Article 3 of Circular No. 09/2021/TT-BXD guiding the implementation of the contents of Decree No. 100/2015/ND-CP on development and management of social housing.

Specifically, Circular 03/2023/TT-BXD amends and supplements Point d, Clause 1, Article 3 on the principles of selecting investors for social housing construction investment projects in the form of bidding.

This Circular takes effect from June 15, 2023.

5 cases are not allowed to participate in multi-level marketing

The cases of not being allowed to participate in multi-level sales are stated in Clause 23, Article 1 of Decree No. 18/2023/ND-CP, which will take effect from June 20, 2023. That is, foreigners who do not have a work permit in Vietnam issued in connection with the enterprise in which they participate in multi-level sales, except in cases of exemption (The old regulation only stipulates that foreigners do not have a work permit in Vietnam, except in cases of exemption).

The remaining subjects remain the same as the old regulations in Decree 40/2018/ND-CP on management of multi-level business activities.

Firstly, people who are serving prison sentences/have criminal records for producing or trading counterfeit goods, producing or trading prohibited goods, false advertising, deceiving customers, fraudulent appropriation of property, abuse of trust to appropriate property, illegal possession of property...

Second, multi-level marketers who have been punished but whose term has not expired are considered to have not been administratively punished in Clauses 2, 3, and 4, Article 5.

Third, a general partner of a partnership, an owner of a private enterprise or a one-member limited liability company, a member of a limited liability company with two or more members, a founding shareholder of a joint stock company, or a legal representative of an enterprise shall not include an organization or individual who has held one of the above positions at a multi-level marketing enterprise whose multi-level marketing registration certificate has been revoked in accordance with the provisions of Decree 42/2014/ND-CP dated May 14, 2014 of the Government on the management of multi-level marketing activities and this Decree.

Fourth, cadres and civil servants.

Amending the principles of selecting investors for social housing projects through bidding

The Ministry of Construction issued Circular 03/2023/TT-BXD dated April 28, 2023 amending and supplementing Article 3 of Circular No. 09/2021/TT-BXD guiding the implementation of the contents of Decree No. 100/2015/ND-CP on development and management of social housing.

Specifically, Circular 03/2023/TT-BXD amends and supplements Point d, Clause 1, Article 3 on the principles of selecting investors for social housing construction investment projects in the form of bidding.

This Circular takes effect from June 15, 2023.

New policy on training and fostering of cadres, civil servants and public employees

From June 15, Circular 03/2023/TT-BNV dated April 30, 2023 of the Ministry of Home Affairs guiding the management and sample certificates of training programs; organizing training for cadres, civil servants, and public employees abroad using the State budget; standards for lecturers at training facilities, training cadres, civil servants, and public employees; assessing the quality of training cadres, civil servants, and public employees officially takes effect.

The contents of management instructions, sample certificates of training programs and assessment of training quality for cadres, civil servants and public employees stated in this Circular apply to training courses (including direct teaching in class or remotely).

The training program is provided to students who fully participate in the training program. There are enough tests, reports, essays, and projects according to the training program's regulations; the tests, reports, essays, and projects must achieve 50% or more of the score according to the program's prescribed grading scale.

Comply with all legal regulations on training of cadres, civil servants and public employees; regulations and study rules of the National Academy of Public Administration; training and training facilities; training and research facilities. The training program certificate is issued once to students who complete the course, on the closing day of the course.

New policy on providing electronic copies of administrative procedure results

Decision No. 13/QD-BCĐCCHC of the Government's Steering Committee for Administrative Reform aims to improve the quality of direction and management of administrative reform work by members of the Government's Steering Committee for Administrative Reform (Steering Committee), creating a breakthrough in administrative reform in 2023. Strengthening the responsibility of organizations and individuals, especially heads of State administrative agencies at all levels in implementing administrative reform tasks.

From June 1, digitize records and settlement results for administrative procedures within the scope of reception of the One-Stop-Shop Department at the commune level (except for communes in remote areas, especially difficult areas, border areas, and islands); 100% of results of administrative procedure settlement records are provided simultaneously with electronic copies with full legal value to people and businesses.

In addition, the decision also clearly states the implementation of solutions to improve service quality and satisfaction of people and businesses. Publicize the results of the assessment of service quality for people and businesses in handling administrative procedures and providing public services at ministries, branches and localities. Periodically, monthly, publicize the list of organizations and individuals who are slow or late in handling administrative procedures and public services on the Electronic Information Portal and Public Service Portal of ministries, branches and localities.

New policy on changing health examination records

Also effective from June 20, the content of health examinations, including health examination records of people undergoing periodic health examinations, will be amended and supplemented according to new regulations under Circular No. 09/2023/TT-BYT.

Specifically, the old periodic health examination book form in Circular 14/2013/TT-BYT has been replaced by the new periodic health examination book form in Appendix 3a issued with Circular No. 09/2023/TT-BYT.

In addition, the content of periodic health check-ups includes: Internal medicine (circulation, respiratory, digestive, kidney - urinary, endocrine, musculoskeletal, neurological, mental); eyes; ears, nose and throat; teeth and jaws; dermatology; obstetrics and gynecology...

Circular 09 adds the following content: Female workers will be examined by a gynecologist during regular health check-ups: Gynecological examination; cervical cancer screening; breast cancer screening; ultrasound of the uterus and adnexa.

Guide to the process of recognizing war invalids

The process of recognizing war invalids is guided in Circular 14/2023/TT-BCA guiding the process of recognizing and implementing preferential treatment for people with revolutionary contributions under the responsibility of the Ministry of Public Security.

Specifically, individuals make a request and attach one of the documents specified in Clause 3, Article 48 of Decree 131/2021/ND-CP to the Public Security of the unit or locality where the officer or soldier worked before being discharged or quitting the job.

Within 12 days from the date of receipt of all documents specified in Clause 1 of this Article, the local police shall be responsible for checking, establishing and completing the documents as prescribed in Article 48 of Decree 131/2021/ND-CP; in cases where conditions are met, a certificate of illness shall be issued according to Form No. 36, Appendix I of Decree 131/2021/ND-CP and a letter of introduction shall be issued according to Form No. 38, Appendix I of Decree 131/2021/ND-CP with a copy of the file sent to the competent Medical Examination Council to determine the rate of bodily injury due to illness.

Within 5 days from the date of receiving the medical examination report; the unit or local police shall send a document with a request for recognition of a sick soldier to the Department of Organization and Personnel. The request document of the unit or local police shall state details of the illness, accompanied by 02 portrait photos (blue background, size 2x3cm) of the sick person.

Within 10 days from the date of receiving the complete dossier, the Department of Personnel Organization is responsible for appraising and issuing a decision to grant a certificate of sick soldiers and allowances and preferential allowances according to Form No. 63, Appendix I, Decree 131/2021/ND-CP; grant a certificate of sick soldiers according to Form No. 102, Appendix I, Decree 131/2021/ND-CP and transfer the dossier with the decision and certificate to the Public Security of the unit or locality where the application dossier is made to move the dossier to the Department of Labor - Invalids and Social Affairs where the sick soldier is a permanent resident.

Decree 131/2021/ND-CP takes effect from June 5, 2023.

List of scrap imported as raw materials for production

This is the content of Decision 13/2023/QD-TTg on the List of scrap allowed to be imported from foreign countries as raw materials for production.

Accordingly, the list of scrap allowed to be imported as raw materials for production includes the following 5 groups of scrap:

Group 1: Scrap iron, steel, cast iron.

Group 2: Plastic scrap and fragments.

Group 3: Paper scrap.

Group 4: Glass scrap.

Group 5: Non-ferrous metal scrap.

Organizations and individuals directly importing scrap as raw materials for production are only allowed to import scrap as raw materials for production for their facilities according to the designed capacity to produce products and goods.

From June 1, 2023, the import of fine-grained slag (slag sand) from the iron or steel industry (HS code 2618 00 00) as raw materials for cement production will be carried out in accordance with the provisions of the law on products and goods on construction materials.

Decision 13/2023/QD-TTg takes effect from June 1, 2023.

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