Headlines 11/01/2016 16:17 CH

New significant policies effective from the midst of January 2016

Ms. Tôn Trang

From November 11 to January 20, 2016, a lot of new significant policies in business, insurance, etc. areas will enter into force, specifically as follows:
1. Issuing enterprise registration forms

From January 15, 2016, required registration documents submitted to apply for enterprise and business household registration must be consistent with regulations set forth in the Circular No. 20/2015/TT-BKHDT of the Ministry of Planning and Investment, including:

- Statutory documents that an enterprise/ business household is required to submit for registration:  

+ Application form for enterprise registration.

+ Notices and other documents issued by the enterprise who is the applicant for this registration.

+ Documents that a business household is required to submit for registration.

- Statutory documents submitted to a business registration authority:

+ Enterprise Registration Certificate, Certificate of Registration for Operations of branches, representative offices or business locations.

+ Notices and other documents of a Business Registration Office at a provincial level.

+ Statutory documents submitted to a business registration authority at a district level.

+ Annexure.

The Circular No. 20/2015/TT-BKHDT will replace the Circular No. 01/2013/TT-BKHDT .

2. Providing for collection of interest charged for late payment of social insurance, health insurance and unemployment premiums

Pursuant to the Decision No. 60/2015/QD-TTg , collection of interest charged on late payment of social insurance, health insurance and unemployment premiums is stipulated as follows:

- If payment of health insurance premium is 30 days late or more, the amount of interest for such late payment must be twice as much as the overdue amount of health insurance premium on which the 9-month interbank interest rate quoted by the State Bank of Vietnam in the preceding year is imposed during days overdue.

In the event that there is not the 9-month interbank interest rate available in the previous year, the interbank interest rate preceding the 9-month interbank interest rate will apply.

- If evasion of payment, late payment, embezzlement of social insurance or unemployment insurance premiums and covers occurs for 30 days or more, the amount of interest charged for such acts must be twice as much as the overdue amount of health insurance, unemployment premium on which the average interest rate for a social insurance or unemployment insurance fund investment is imposed during days overdue.

- Within the first 15 days of January each year, the Vietnam Social Security must notify in writing its directly-affiliated social security agencies, social security authorities of the Ministry of National Defense and the Ministry of Public Security of the monthly average interest rate calculated on the basis of the above-mentioned average interest rate. 

The Decision No. 60/2015/QD-TTg enters into force from January 15, 2016 and applied as from the budget year of 2016.

3.  Setting new regulations on bidder selection

From January 15, 2016, the Circular No. 19/2015/TT-BKHDT specifying formulation of evaluation reports during the bidder selection process enters into force.

For the purposes of this Circular, members of the evaluation team must meet the following requirements:

- Achieve the procurement training certificate and the procurement practicing certificate.

- Have professional knowledge of bids.

- Have at least 3 years’ working experience in sectors relating to assigned work duties; if contracts need executing at remote, isolated and extremely disadvantaged areas, they are required to have only one year's experience. 

- Demonstrate their language proficiency level relevant to bids under the international bidding procedure.

- Be not subject to any prohibition against participation in procurement activities.

- Complete the written commitment stipulated in the Annex to this Circular.

This Circular will replace the Circular No. 21/2010/TT-BKH and 08/2010/TT-BKH .

4. Conducting ad-hoc food safety inspection

In December 1, 2015, the Ministry of Health issued the Circular No. 48/2015/TT-BYT providing for food safety and hygiene inspections in food production and trading operations, including the following provisions:

- Food safety inspection authorities must carry out ad-hoc inspections under the following circumstances:

+ Whenever any suspected violation regarding food safety and food safety scandal is found; there are intense inspections and food safety management requirements under the directions of superior-level authorities.

+ Whenever there is any warning from domestic or foreign organizations and international organizations about the food safety.

+ Whenever there is any report from domestic or foreign organizations and international organizations on the food safety.

- Inspecting authorities are allowed not to give prior notice of their inspection to food production and trading establishments, or food and beverage service and street food outlets.

The Circular No. 48/2015/TT-BYT enters into force from January 15, 2016.

5. Providing new guidance on electricity distribution system

From January 18, 2016, the Circular No. 39/2015/TT-BCT stipulating the official electricity distribution system enters into force.

Accordingly, requirements for customer service quality are stipulated as follows:

- Permitted duration of consideration and conclusion of electric connection agreements as from receipt of complete or valid documents submitted to apply for complete electric connection in accordance with Article 45 hereof.   

- Permitted duration of notification of cessation and reduction in the amount of power supply in accordance with regulations on conditions and procedures for cessation and reduction in the amount of power supply adopted by the Ministry of Industry and Trade.

- With respect to quality standards for responses to customers’ written requests and complaints, there are more than 95% of responses to customers’ written complaints which provide clear explanations and conform to laws and regulations within 05 working days.

- With respect to quality standards for receipt of customers’ telephone complaints, there are more than 80% of telephone calls received within 30 seconds. 
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