Hồng Phương
Following the Notice “New regulations on social insurance, finance and commerce coming into force as from the middle of September”, THƯ VIỆN PHÁP LUẬT would like to introduce the following noticeable regulations which are coming into force as from September 15, 2017.
5. Changes in application for cancellation of outstanding tax of enterprise declared bankrupt
This noticeable regulation is provided in the Circular No. 79/2017/TT-BTC on amendments to Paragraph b1 Point b Clause 4 Article 48 of the Circular No. 156/2013/TT-BTC on guidance on the Law on Tax Administration.
According to this Circular, the application for cancellation of outstanding tax submitted by the enterprise declared bankrupt includes:
- The Court's Decision on declaration of bankruptcy of the insolvent enterprise;
- The enforcement officer’s written record of division of assets which specifies the recoverable and irrecoverable tax debts;
- The Decision on suspension of the decision on declaration of bankruptcy issued by the civil judgment enforcement agency.
The documents mentioned above must be the originals or certified copies.
6. Procedures for self-assessment of officials who are deputy heads of agencies
On July 27, 2017, the Government promulgates the Decree No. 88/2017/ND-CP on amendments to the Decree No. 56/2015/ND-CP on assessment and ranking of officials and public employees.
According to this Decree, additional procedures for self-assessment of officials who are deputy heads of agencies are elaborated. To be specific:
- Heads of agencies shall consult comments given in Points b, c Clause 1 Article 24 of the Decree No. 56/2015/ND-CP to decide assessment results and ranking of their appointed deputy heads;
- With regard to deputy heads of agencies who are not appointed by heads of agencies, the heads of agencies shall:
+ Refer to comments given in Points b, c Clause 1 Article 24 of the Decree No. 56/2015/ND-CP;
+ Give written comments on the assessed official;
+ And request heads of higher-level agencies to make decisions on assessment results and ranking of such deputy heads.
7. Time limit for handling and response to voters’ questions
On July 25, 2017, the Government promulgates the Decision No. 33/2017/QD-TTg introducing the Regulation on receipt, handling and response to voters' questions forwarded by the National Assembly.
According to this Decision, the time limits for handling and response to questions of voters affiliated to ministries, authorities and local governments are provided for as below:
- 40 days from the receipt of a question about functions, tasks and/or powers of a certain ministry or central-level agency;
- 50 days from the receipt of a question about functions, tasks and/or powers of a certain local government; or the promulgation, amendment or abrogation of a Resolution or Decree, etc.
The time limit for response to a question about a complicated issue or several issues that require further study, verification and handling may be extended.
8. Validity of Certificate of inspection of safety of equipment and materials
On July 26, 2017, Ministry of Industry and Trade promulgates the Circular No. 10/2017/TT-BCT on 18 procedures for technical inspection of occupational safety of machinery, equipment and supplies to which strict occupation safety requirements are applied.
In this Circular, Ministry of Industry and Trade emphasizes the validity of Certificate of inspection of machinery, equipment and supplies to which strict occupation safety requirements are applied. To be specific:
- With regard to machinery, equipment and supplies which have been inspected before the date of entry into force of this Circular, Certificate of inspection results shall remain its validity.
- With regard to machinery and equipment of an operating line which cannot be divided for separate inspection, the period of periodic inspection shall follow the maintenance period of the line.
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