Notable policies coming into force from the beginning of February, 2018

1. Regulations on digital signatures on electronic documents of regulatory agencies

The Circular No. 41/2017/TT-BTTTT providing for digital signatures on electronic documents of regulatory agencies is coming into force from February 05, 2018.

According to the Circular, digital signatures shall be applied to electronic documents by using the digital signature software which shall automatically give a notification of whether the digital signing process has been successful or not.  If a competent person is required to apply the digital signature to an electronic document, he/she shall use the digital signature software and personal private key to digitally sign the electronic document.

If a regulatory agency or organization applies a digital signature to an electronic document, that regulatory agency or organization shall use the digital signature software and its secret seal key to digitally sign that electronic document.

2. Compulsory amounts of unbaked building materials used in constructions

This is the most notable provision of the Circular No. 13/2017/TT-BXD providing for use of unbaked building materials in constructions (which is coming into force from February 01, 2018).

According to the Circular, the compulsory amounts of unbaked building materials used in state-funded constructions are as follow:

- For provinces of the Northern midland and mountainous region and the southeast:

+ At least 90% if the construction is built at an urban area of class III or a higher class;

+ At least 70% if the construction is built at any remaining area.

- For other provinces:

+ At least 70% if the construction is built at an urban area of class III or a higher class;

+ At least 50% if the construction is built at any remaining area.

(Currently, 100% of building materials used in these constructions must be unbaked building materials).

- At least 80% of total amount of building materials used in a building comprising 9 stories or higher must be unbaked building materials regardless of its funding source (It is increased by 30% of the current compulsory amount).

The compulsory amount of unbaked building materials used in constructions built in either Hanoi City or Ho Chi Minh City is kept unchanged as 100%. 

3. Guidelines on provision of psychological counseling services for high school students

Minister of Education and Training promulgated the Circular No. 31/2017/TT-BGDDT to provide guidelines on psychological counseling for high school students (which is coming into force from February 02, 2018).

According to the Circular, the psychological counseling for high school student shall cover a wide range of issues such as age, sex, marriage and adolescent reproductive health, etc. and be given in the following forms:
- Establish special subjects in psychological counseling for high school teachers and deliver them in specific lecturers or class meeting periods, or combine them with major subjects, etc. 

- Provide online counseling services via the school’s local area network, email, social networks and telephone, etc.

- Regularly talk with student parents about psychological changes and issues requiring counseling and assistance of their children, etc.

4. Estimate of consulting cost on urban investment and development

The Ministry of Construction promulgated the Circular No. 12/2017/TT-BXD on guidelines on determination and management of costs of urban investment and development.

According to the Circular, the estimate of costs of consulting services about urban investment and development works such as direct labour cost, management cost, etc. shall be determined as follows:

- Direct labour cost (Ccg) is determined according to the quantity of direct workers, working hours of specialists (months/person, days/person or hours/person) and salaries of direct workers. - Management cost (Cql) is determined as the percentage (%) of payment to specialists.

- Other costs (Ck) are determined according to the need of each type of consulting tasks.

- Estimated taxable income (TN) is equal to 6% of the sum of the direct labour cost and the management cost.

- Value-added tax (VAT) is determined according to applicable regulations.

- Cost contingency (Cdp) must not exceed 10% of the sum of the aforementioned costs. The Circular No. 12/2017/TT-BXD comes into force from February 01, 2018.

(To be continued)

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