Headlines 28/12/2019 14:49 CH

All Decrees coming into force from January 01, 2020

Quỳnh Như

THƯ VIỆN PHÁP LUẬT would like to bring to our dearest members all Decrees which are coming into force from January 01, 2020, including:

1. Increase of 150,000 - 240,000 VND/month in the region-based minimum wages applied January 01, 2020

This notable content is provided in the Decree No. 90/2019/ND-CP stipulating the region-based minimum wages applied to employees working under employment contracts.

Specifically, depending on each region, the region-based minimum wages applied from January 01, 2020 and corresponding increase amounts compared to those currently applied are as follows:

- For enterprises located in region I: 4,420,000 VND/month (increased by 240,000 VND/month);

- For enterprises located in region II: 3,920,000 VND/month (increased by 210,000 VND/month);

- For enterprises located in region III: 3,430,000 VND/month (increased by 180,000 VND/month);

- For enterprises located in region IV: 3,070,000 VND/month (increased by 150,000 VND/month).

2. New guidance on fertilizer classification

The Decree No. 84/2019/ND-CP stipulates that fertilizers are classified into the following types:

- Chemical fertilizers (also known as inorganic fertilizers);

- Organic fertilizers;

- Bio-fertilizers;

- Root fertilizers are fertilizers of one of the following types, chemical fertilizers, organic fertilizers and bio-fertilizers, and provide nutrients to plants through their roots or may be used for soil improvement purpose;

- Foliar fertilizers are fertilizers of one of the following types, chemical fertilizers, organic fertilizers and bio-fertilizers, and provide nutrients to plants through their stems and leaves.

The Decree No. 108/2017/ND-CP shall be null and void from the date on which the Decree No. 84/2019/ND-CP comes into force.

3. Cases in which the food safety inspection before customs clearance is exempted

On November 14, 2019, the Government promulgates the Decree No. 85/2019/ND-CP prescribing completion of administrative procedures through national single-window system and ASEAN single-window system and specialized inspection of imports and exports.

According to this Decree, in addition to cases in which the specialized inspection is exempted in accordance with law regulations and international treaties to which Vietnam is a signatory, the food safety inspection shall be also exempted in the following cases:

- Imports which are delivered by post or courier service and whose value is below the de minimis value as prescribed in the Law on taxation;

- Imports which are included in the list of duty-free goods and within the duty-free allowance as prescribed by law, and used to serve operation and daily activities of foreign organizations granted diplomatic privileges and immunities; 

- Inbound passenger’s baggage which is within the duty-free allowance;

- In-country exports.

4. Capital requirement to be satisfied by foreign-invested enterprises engaging in air transport business (hereinafter referred to as “foreign-invested airlines”)

Pursuant to the Decree No. 89/2019/ND-CP foreign investors are allowed to own up to 34% of the charter capital of a foreign-invested airline.

(pursuant to existing regulations in the Decree No. 92/2016/ND-CP the maximum foreign ownership is 30%).

Additionally, a foreign-invested airline is required to meet the following requirements:

- There is at least one Vietnamese natural or juridical entity owning the highest share of charter capital;

- In case a Vietnamese juridical entity that has foreign investment makes capital contribution, the foreign ownership shall not exceed 49% of the charter capital of that entity. 

5. The Decree No. 83/2019/ND-CP providing amendments to the Decree No. 94/2014/ND-CP on establishment and management of natural disaster prevention and control funds.

6. The Decree No. 73/2019/ND-CP prescribing management of state investment in information technology application.

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