On November 2, 2023, the Government issued Decree No. 77/2023/NĐ-CP on the management of the import of refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) (“Decree 77”).
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Here are some notable contents of this Decree:
- Imported refurbished goods into Vietnam must meet the following three conditions:
- Have an import license as regulated;
- Comply with the rules of origin of goods under the CPTPP;
- Comply with the relevant regulations of Vietnamese law and sector-specific laws applicable to newly imported goods of the same type, including regulations on: product labels, product quality, standards, technical specifications, energy performance, etc.
- When circulating in the market, the original label or a supplementary label of refurbished goods must display the phrase “Refurbished Goods” in Vietnamese in a visible and readable manner with the naked eye.
- The refurbishment code has a maximum validity period of 5 years from the date of issuance. The refurbishment code is granted to enterprises or trademark owners proving refurbishment capability, warranty policy, and trademark usage rights.
Decree 77 is effective from January 01, 2024.
The above is the entire content of the Legal News: Regulations on the import of refurbished goods into Vietnam under CPTPP.
* This news is for informational purposes only regarding newly issued legal regulations and is not intended for specific case consultation or application.
We hope the information above is helpful to our readers.
On December 6, 2023, the Ministry of National Defense issued Circular No. 105/2023/TT-BQP stipulating health standards and health examinations for individuals under the management of the Ministry of National Defense. (“Circular No.105”).
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- The standards and classification of health examinations;
- Health examinations for fulfilling military service obligations;
- Management and health checks for reserve military personnel;
- Health examinations for military recruitment;
- Health examinations for recruiting officers; training reserve officers called up for service; recruiting professional military personnel, workers, and civil servants in the defense sector;
- Responsibilities of agencies, organizations, and individuals in health examinations for individuals under the management of the Ministry of National Defense.
- Recruitment examination standards, health assessment for military pilots, air assault forces, paratroopers, and submarine crews outside the scope regulated by Circular No. 105/2023/TT-BQP.
- Health standards, periodic health examinations, and task-specific health examinations for officers, professional military personnel, non-commissioned officers, and enlisted personnel; defense civil servants, workers, and civil servants in the defense sector, in accordance with Circular No. 37/2021/TT-BQP regulating the classification, health examination, and hierarchical management of health tasks for military personnel, defense civil servants, workers, and civil servants in the defense sector.
This circular is effective from January 1, 2024, to December 31, 2024.
* This newsletter is intended for providing information about new legal regulations, not for consultation or application for specific cases.
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On November 21, 2023, the Minister of the Ministry of Science and Technology issued Circular No. 21/2023/TT-BKHCN, adjusting 4 economic – technical standards for public professional services using the State budget in the field of technology. (“Circular No.21”).
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Specifically, this circular establishes 04 economic – technical standards for the following services:
- Technology competency assessment service: The economic – technical standard for public professional services using the State budget for the technology competency assessment service is the standard for services conducting activities to assess technological competency.
- Technology innovation roadmap construction support service: The economic – technical standard for public professional services using the State budget for the service supporting the construction of the technology innovation roadmap is the standard for services supporting activities in constructing technology innovation roadmaps.
- Technology innovation support service: The economic – technical standard for public professional services using the State budget for the technology innovation support service is the standard for services supporting activities in technology innovation.
- Technology transfer support service: The economic – technical standard for public professional services using the State budget for the technology transfer support service is the standard for services supporting activities in technology transfer.
Circular No. 21/2023/TT-BKHCN will be effective from January 6, 2024.
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On October 16, 2023, the Minister of Finance issued Circular No. 63/2023/TT-BTC amending and supplementing certain provisions of the circulars regulating fees to encourage the use of online public services. Notably, it includes a 10% reduction in fees for online passport registration. (“Circular No. 63”)
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According to Circular No. 63, when Vietnamese citizens submit passport applications online, there are new regulations on the applicable fee rates.
Specifically, from January 01, 2024, to December 31, 2025, the fee rates will be 90% of the fee rates specified in point 1, Section I of the Fee Schedule issued with Circular No. 25/2021/TT-BTC dated April 7, 2021, by the Minister of Finance, regulating the rates, collection regime, payment, management, and use of fees in the field of emigration, immigration, transit, and residence in Vietnam.
Therefore, citizens will enjoy a 10% reduction in passport issuance fees when submitting online applications from January 01, 2024, to December 31, 2025.
Starting from January 01, 2026, the fee rates specified in point 1, Section I of the Fee Schedule issued with Circular No. 25/2021/TT-BTC will apply.
However, the fee rates for online passport issuance will return to normal as per regulations starting from January 01, 2026.
The above is the entire content of the News: 10% reduction in fees for online passport applications from 01/01/2024.
Circular 63/2023/TT-BTC is effective from December 01, 2023.
* This news is only intended to provide information about newly issued legal regulations and is not used for specific advice or application in individual cases.
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The Ministry of Public Security issued Circular No. 65/2023/TT-BCA regulating the head of the criminal investigation department of the People’s Police authorized to impose administrative penalties for violations in some areas of security, order, social safety; prevention and control of social evils; fire prevention and fighting; search and rescue; prevention and combat of domestic violence (“Circular No. 65”).
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According to Circular No. 65, the titles of the head of the criminal investigation department of the People’s Police authorized to impose administrative penalties in the fields of security, order, social safety; prevention and control of social evils; fire prevention and fighting; search and rescue; prevention and combat of domestic violence as stipulated in Article 3 of the Circular, specifically are as follows:
- The head of the criminal investigation department under the Internal Political Security Department includes: Head of the Internal Security Protection Department of Central Party and State agencies; Head of the Security Department of judicial, legal, political and social organizations of the Central government; Head of the Press and Publishing Security Department; Head of the Health and Education Security Department; Head of the Culture, Sports, and Social Labor Security Department; Head of the Post and Telecommunications Security Department; Head of the State Secrets Protection Management Department.
- The head of the criminal investigation department under the Administrative Order Management Police includes: Head of the Guidance, management of weapons, explosives, support tools, and firearms; Head of the Guidance, management of industries, businesses with conditions related to security, order, and seals; Director of the National Population Data Center.
- The head of the criminal investigation department under the Traffic Police Department includes: Head of the Propaganda, investigation, and settlement of traffic accidents; Head of the Guidance, registration and inspection of vehicles; Head of the Guidance, training, examination, and management of driver’s licenses; Head of the Guidance for patrolling, traffic control on roads, railways; Head of the Guidance for controlling traffic and leading processions; Head of the Guidance for patrolling, controlling and combating crimes on inland waterways; Chief of the naval team.
- The head of the criminal investigation department under the Fire Prevention, Fighting, and Search and Rescue Police Department includes: Head of the Fire Prevention Department; Head of the Approval Department for fire prevention and fighting; Head of the Fire Fighting and Rescue Department; Head of the Scientific and Technological Management Department and inspection of means of fire prevention, fighting, search and rescue.
- The head of the criminal investigation department under the Cybersecurity and High-Tech Crime Prevention Police Department includes: Head of the Department for preventing cybercrime affecting economic management order; Head of the Department for preventing cybercrime affecting social order; Head of the Information Security Department; Head of the National Information Network Security Protection Department; Head of the Network Information Monitoring and Prevention Department, combating activities using cyberspace to violate national security.
- The head of the criminal investigation department under the Immigration Management Department includes: Head of the Immigration Management Department, exit and entry, residence of foreigners; Head of the Immigration Management Department for exit, entry of Vietnamese citizens.
The above is the entire content of the Legal News: Head of the criminal investigation department of the People’s Police subjected to administrative penalties.
This decree is effective from January 01, 2024.
* This news is only intended to provide information about newly issued legal regulations and is not used for specific advice or application in individual cases.
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On December 28, 2024, the Government officially issued Decree No. 94/2023/NĐ-CP dated December 28, 2023, stipulating the policy of reducing value-added tax (VAT), according to Resolution No. 110/2023/QH15 dated November 29, 2023, of the National Assembly with the aim of supporting the people, businesses, and the economy in the new period (“Decree 94”).
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According to Decree No. 94, the reduction of value-added tax (“VAT”) applies to groups of goods and services currently subject to a tax rate of 10%, excluding the following groups: telecommunications, financial activities, banking, securities, insurance, real estate business, metals and pre-cast metal products, mining products (excluding coal mining), coke, refined petroleum, chemical products; goods and services subject to special consumption tax, information technology under the laws on information technology… Specifically as follows:
The reduction of VAT for each type of goods and services is uniformly applied at import, production, processing, and trade stages.
For coal products sold (including cases where coal is mined and then screened and classified according to the new closed process before being sold), they are eligible for VAT reduction. Coal products listed in Appendix I issued with this decree, at stages other than the sales stage, are not eligible for VAT reduction.
State-owned corporations, economic groups implementing the new closed process for coal products sold are also eligible for value-added tax reduction for coal products.
In cases where goods or services fall within the category not subject to value-added tax or the category subject to a 5% value-added tax according to the provisions of the Value Added Tax Law, the regulations of the Value Added Tax Law apply, and no value-added tax reduction is allowed.
The above is the entire content of the News: Official reduction of 2% value-added tax for the first 6 months of 2024.
This decree is effective from January 01, 2024, until June 30, 2024.
* This news is only intended to provide information about newly issued legal regulations and is not used for specific advice or application in individual cases.
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To better serve the social welfare needs, on October 19, 2023, the Government issued Decree 75/2023/ND-CP amending and supplementing Decree 146/2018/ND-CP guiding the Law on Health Insurance. This decree notably emphasizes the Government’s additional allocation of rights and responsibilities to medical examination and treatment facilities in the implementation of health insurance contracts (‘Decree 75‘).
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In Section 8, Clause 1 of Decree 75/2023/ND-CP, the Government amended and supplemented the rights and responsibilities of medical examination and treatment facilities as follows:
Firstly, Decree 75 has added the right: ‘To provide timely information when the health insurance assessment information system detects an increase in health insurance examination and treatment costs higher than the average costs of the same-level, same-category, and same-specialty facilities, in order to timely review, inspect, verify, and implement appropriate adjustments.’
Secondly, the new decree has enhanced the responsibility of medical facilities in adhering to regulations regarding procurement, bidding, to ensure the supply of medicines, chemicals, medical supplies, and technical healthcare services with quality, efficiency, and cost-effectiveness.
Additionally, the decree stipulates that medical facilities must promptly review and issue procedures, professional guidelines, measures to prevent abuse, exploitation of health insurance funds within their authority; regularly conduct checks, reviews, verify health insurance examination and treatment costs that surge at the facility based on recommendations, warnings from the Social Insurance Agency, and make appropriate adjustments.
The above encompasses the entire content of the newsletter: Increasing Rights and Responsibilities for Healthcare Facilities.
Decree 75 takes effect from December 3, 2023.
This newsletter is solely intended to inform about newly enacted legal regulations and should not be used for advice or applied to specific cases.
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On November 7, 2023, the Government issued Decree No. 78/2023/NĐ-CP amending and supplementing certain provisions of Decree No. 32/2017/NĐ-CP on state investment credit.
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Accordingly, the state investment credit plan is amended as follows:
Before July 31 each year, the Vietnam Development Bank shall develop the state investment credit plan for the following year and submit it to the Ministry of Planning and Investment, the Ministry of Finance, including the following contents:
Implementation status and results of the previous year’s state investment credit plan, expected plan for the next year;
- Capability to mobilize capital and balance funding sources for implementing the state investment credit plan;
- Plan for subsidizing preferential interest rates, management fees, and charter capital of the Vietnam Development Bank to implement the state investment credit plan for the next year;
- Operational solutions, organization of implementation, and expected results.
- Before August 31 each year, the Ministry of Planning and Investment, in coordination with the Ministry of Finance and the Vietnam Development Bank, shall review and refine the state investment credit plan for the next year developed by the Vietnam Development Bank.
Before December 31 each year, the Ministry of Planning and Investment, in coordination with the Ministry of Finance, shall report to the Prime Minister on the overall target for the total growth of state investment credit or the total plan for state investment credit for the next year, assigned to the Vietnam Development Bank.
The above is the entire content of the news: New regulations on counterfeit prevention.
Decree 78/NĐ-CP will be effective from December 22, 2023.
This news is for informational purposes about newly issued legal regulations and is not intended for specific cases or advisory purposes.
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On the morning of November 28, 2023, the National Assembly officially passed the amended and supplemented Real Estate Business Law 2023. This law provides detailed regulations on the issue of deposits in real estate business and construction projects, effective from January 1, 2025.
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The amended and supplemented Real Estate Business Law 2023 stipulates that project investors are only allowed to collect a deposit of up to 5% of the selling or leasing price from customers when the houses or construction projects meet all the conditions for business operations as prescribed by this law. When agreeing on the deposit, the selling or leasing price of the houses or construction projects must be clearly stated.
According to some experts’ opinions: the Real Estate Business Law has very strict regulations on the timing and amount of deposits collected by project investors. However, in cases where project investors do not use the term “deposit” but enter into agreements under any other form, the effectiveness of these regulations has not been fully addressed.
* This news is for informational purposes regarding newly enacted legal regulations and is not intended for specific case consultation or application.
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