To effectively implement Decision 90/QĐ-TTg on the National Target Program for Sustainable Poverty Reduction for the 2021-2025 period, the Ministry of Labor, Invalids, and Social Affairs issued Circular 03/2024/TT-BLĐTBXH on April 18, 2024, concerning support for workers going abroad.
According to Circular No. 03/2024/TT-BLĐTBXH, the support targets workers intending to work abroad who reside in poor districts, particularly difficult coastal and island communes. Priority is given to workers from poor households, near-poor households, and households that have recently escaped poverty.
The support includes training and skills development costs, food, living, and accommodation expenses during training, essential personal items, medical examination fees, passport, visa, and judicial record fees, introduction and counseling services, and costs for advanced foreign language training. All principles must ensure effectiveness, transparency, democracy, and gender equality. The support levels are applied according to different provisions of Article 69 of Circular No. 55/2023/TT-BTC, depending on the groups of beneficiaries.
Methods of Support, training, and skill enhancement activities are carried out through bidding, ordering, and task assignment. Workers receiving support will get direct assistance based on invoices or receipts for training costs and related procedures.
The Department of Labor, Invalids, and Social Affairs will introduce and counsel workers from difficult areas to work abroad under contracts, according to Circular No. 55/2023/TT-BTC. Additionally, the Ministry of Labor, Invalids, and Social Affairs will conduct foreign language training through bidding, ordering, and task assignment.
This Circular takes effect from June 5, 2024.
This bulletin is for informational purposes only regarding newly enacted legal regulations and is not intended for advising or applying to specific cases.
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Product and goods traceability is a solution that enables users to learn about the origin of the products they purchase, tracing the product from its presence on store shelves back to the original place of production, reviewing each stage of processing and distribution. The importance of product traceability is paramount in business operations, especially in the current climate where counterfeit, imitation, and substandard products are increasingly prevalent.
On March 28, 2024, the Ministry of Science and Technology issued Circular No. 02/2024/TT-BKHCN, which regulates the management of product and goods traceability. This circular includes provisions regarding the responsibilities of organizations and individuals in implementing traceability and providing traceability services and solutions.
Responsibilities of Organizations and Individuals in Implementing Product and Goods Traceability
According to Article 10 of Circular No. 02/2024/TT-BKHCN, organizations and individuals implementing product and goods traceability have the following responsibilities:
Compliance with the regulations on product and goods traceability as specified in Circular No. 02/2024/TT-BKHCN;
Declare the traceability system for products and goods in accordance with national standards, national technical regulations, international standards, and relevant regional standards.
Subject to inspections, checks, and supervision by competent state management agencies regarding the traceability of products and goods as prescribed by law.
In the event of connecting information to the National Product and Goods Traceability Portal, the data on product and goods traceability specified in Clause 5, Article 6 of Circular No. 02/2024/TT-BKHCN shall be promptly updated for each stage of production and business operations onto the National Product and Goods Traceability Portal. Organizations and individuals shall collaborate with the General Department of Standards, Metrology, and Quality to ensure the implementation and maintenance of data on the National Product and Goods Traceability Portal.
Responsibilities of Organizations and Individuals Providing Traceability Services and Solutions
According to Article 11 of Circular No. 02/2024/TT-BKHCN, the responsibilities of organizations and individuals providing traceability services and solutions are as follows:
Providing traceability services and solutions that comply with the requirements specified in Circular No. 02/2024/TT-BKHCN.
Bearing legal responsibility for the services and solutions provided to organizations and individuals involved in product and goods traceability. In case organizations or individuals providing traceability services and solutions wish to connect with the National Product and Goods Traceability Portal, they must collaborate with the General Department of Standards, Metrology, and Quality to implement and maintain the data on the National Product and Goods Traceability Portal.
Subject to inspections, checks, and supervision by competent state management agencies regarding product and goods traceability as stipulated by law.
This circular shall come into effect from June 1, 2024.
This bulletin is intended solely to inform about newly issued legal regulations and is not intended as advice or for application to specific cases.
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According to Circular No. 11/2024/TT-BGTVT of the Ministry of Transport (MOT), vehicles falling under the provisions of Circular No. 16/2021/TT-BGTVT will be exempt from the first inspection. The price for preparing documents for exemption from inspection for the first time is 46,000 VND/vehicle.
On April 26, 2024, the Minister of Transport issued Circular No. 11/2024/TT-BGTVT regulating the price of vehicle documentation services for vehicles exempt from initial inspection and reprinting services for the Inspection Certificate and Inspection Stamp for motor vehicles.
According to Clause 3 of this Circular, a vehicle that is exempted from the first inspection is a vehicle that is exempted from the first inspection according to Circular No. 16/2021/TT-BGTVT, which meets the following conditions: Has been issued a factory quality inspection certificate for manufactured and assembled vehicles; Certificate of technical safety and environmental protection quality for imported motor vehicles or Notice of exemption from inspection of technical safety and environmental protection quality for imported motor vehicles and the year of manufacture to the year of application The application for an Inspection Certificate is less than 02 years old (year of production plus 01 year), with all valid documents according to the provisions of law.
Regarding vehicle documentation and inspection, vehicle owners need to present the following documents:
First, Vehicle registration documents; The original copy of the original receipt of the vehicle registration certificate that is mortgaged by the credit institution; A copy of the vehicle registration certificate certified by the financial leasing organization or the Appointment Letter for issuance of the Vehicle Registration Certificate
Second, Copy of factory quality inspection sheet for domestically produced and assembled motor vehicles (except for liquidated motor vehicles);
Third, the original Certificate of technical safety and environmental protection quality for renovated motor vehicles in the case of newly renovated motor vehicles;
Fourth, a copy of the chassis number and engine number of the vehicle for motor vehicles subject to exemption from inspection specified in Clause 3, Article 5 of Circular 16/2021/TT-BGTVT, amended in Circular 2/ 2023/TT-BGTVT;
Fifth, declare the corresponding information specified in Appendix I issued with Circular 16/2021/TT-BGTVT.
When bringing vehicle to the registration unit for inspection, the vehicle owner needs to present documents related to vehicle registration; Original certificate of quality, technical safety and environmental protection; Information about login name, access password and address of the electronic information page managing trip monitoring devices and cameras for vehicles subject to having to install trip monitoring devices and cameras and declaration about transportation business in the record tracking sheet according to the form in Appendix I issued with Circular 16/2021/TT-BGTVT.
Regarding costs, the price for preparing vehicle documents for vehicles exempted from initial inspection is 46,000 VND/vehicle; Service price for reprinting Inspection Certificate and Inspection Stamp for motor vehicles is: 23,000 VND/time/vehicle.
The service price specified in this clause includes the cost of organizing the collection of the fee for issuing the Certificate of technical safety and environmental protection inspection for vehicles but does not include value added tax as prescribed under the law.
This newsletter is for information purposes only on newly promulgated laws, and is not intended to advise or apply to specific cases.
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From 08/06/2024, the method of calculating the value-added tax rate for cultivated, livestock, fishery and seafood products will be applied uniformly at the stages of import, processing and commercial business.
On April 23, the Minister of Finance issued Circular 25/2024/TT-BTC on the annulment of Circular 83/2014/TT-BTC guiding the implementation of Value Added Tax on the List of imported goods in Vietnam. Circular 25/2014/TT-BTC provides guidance on VAT rates for cultivated, livestock, aquatic and seafood products from unprocessed to other products or only through normal preliminary processing to fresh food, at the stage of commercial business.
Accordingly, enterprises and cooperatives that pay value-added tax according to the method of deduction for sale of cultivated, livestock, fishery and seafood products that have not been processed into other products or only through normal preliminary processing, fresh food for enterprises or cooperatives at the stage of commercial business are not required to declare, calculation of payment of Value Added Tax;
In case business households, individuals, enterprises, cooperatives and other economic organizations pay Value Added Tax according to the method of direct calculation on Value Added when selling unprocessed cultivated, livestock, aquatic products, cultivated or caught seafood products into other products or only through normal preliminary processing, fresh food at the stage of commercial business shall declare and pay VAT at the rate of 1% on turnover.
For the remaining, they are determined to be processed and subject to 10% VAT rate at the stage of import, production, processing or commercial business.
Currently, the law on Value Added Tax is applied uniformly at the stages of import, production, processing and commercial business. At the same time, the VAT policy has specific regulations on taxable objects, non-taxable objects, value-added tax rates for goods and services and conditions on dossiers and procedures for application of value-added tax policies. Therefore, Circular 83/2014/TT-BTC is no longer in line with current legal policies and will be annuled from June 8, 2024.
This newsletter is for information purposes only on newly promulgated laws, and is not intended to advise or apply to specific cases.
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The principles for determining the electricity generation prices of power plants must be established based on the reasonable and legitimate costs of the investor, ensuring the overall economic viability of the project to maintain its stability and long-term development.
New Circular No. 07/2024/TT-BCT by the Ministry of Industry and Trade on Methods for Determining Electricity Generation Prices and Power Purchase Agreements.
The Ministry of Industry and Trade has recently issued Circular No. 07/2024/TT-BCT, which outlines the methods for determining electricity generation prices and the terms of power purchase agreements. This circular applies to power plants operating in Vietnam that are connected to the national grid, as well as other relevant organizations and individuals.
Principles for Determining Electricity Generation Prices: The determination of electricity generation prices for power plants must adhere to two main principles: Firstly, based on the reasonable and legitimate costs incurred by the investor over the entire economic life of the project and Secondly, the Internal Rate of Return (IRR) on financial investments must not exceed 12%.
Components of Electricity Generation Prices: The electricity generation price must ensure the following two components:
Power Purchase Agreement Price: This is the price agreed upon by the seller (the power generation unit owning the power plant) and the buyer (Vietnam Electricity or its designated representatives, such as the Northern Power Corporation, Central Power Corporation, Southern Power Corporation, Hanoi Power Corporation, Ho Chi Minh City Power Corporation, major electricity consumers, and other wholesale electricity buyers as per the electricity market regulations). This price is constructed according to the method specified in Article 4 of this circular.
Specific Connection Price (if any): This is the price agreed upon by the seller and the buyer and is determined according to the method specified in Article 8 of this circular.
Excluded Costs: Costs not included in the electricity generation price are:
- Value-added tax (VAT)
- Water resource tax
- Fees for the rights to exploit water resources
- Payments for forest environmental services
- Environmental protection fees for solid waste and industrial wastewater (applicable to thermal power plants)
- Other taxes, fees, and monetary charges as stipulated by competent state management agencies (except for taxes and fees already included in the electricity generation price plan).
This circular takes effect from June 1, 2024.
This bulletin is intended solely to inform about newly issued legal regulations and is not intended as advice or for application to specific cases.
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Circular No. 05/2024/TT-BGTVT amends and supplements regulations regarding certain cases of driver’s license revocation, notably including the revocation of a license if its owner allows another person to borrow it.
On March 31, the Minister of Transport issued Circular No. 05/2024/TT-BGTVT, amending the circular related to the field of road transport, road transport support services, vehicles, and drivers. Among the new regulations concerning the issuance, renewal, and revocation of driver’s licenses effective June 1, are of significant interest to many people.
Required Documents for Learner Drivers
According to Circular No. 05, learners of road motor vehicle driving need to prepare the following documents for their application:
For first-time learner drivers, the documents submitted directly at the training facility include: An application form for driving training and examination to obtain a driver’s license; A copy of the temporary residence card, permanent residence card, diplomatic identity card, or official identity card for foreigners; Health certificate for the driver issued by a competent medical facility as prescribed.
For drivers upgrading their license class, documents submitted directly at the training facility, with a direct photo taken for the driver’s license database, include: Application form for driving training and examination to obtain a driver’s license; A copy of the temporary residence card, permanent residence card, diplomatic identity card, or official identity card for foreigners; Health certificate for the driver issued by a competent medical facility as prescribed.; A copy of the junior high school diploma or higher degree for cases upgrading to classes D and E (the original must be presented during the examination of the application); A declaration of professional driving experience and safe driving kilometers according to the form specified in Appendix 8 issued with Circular 12/2017/TT-BGTVT.
For ethnic minority individuals who cannot read or write Vietnamese and are learning to drive a class A1 or A4 motorcycle, the documents submitted directly at the training facility include: Health certificate for the driver issued by a competent medical facility as prescribed.
New Regulations on Driver’s License Renewal Procedures
Regarding driver’s license renewal procedures, the application for a license renewal issued by the transport sector will include: Application form for driver’s license renewal; Health certificate for the driver issued by a competent medical facility as prescribed (except for classes A1, A2, A3); A copy of the driver’s license and passport with a valid period (for foreigners and Vietnamese residing abroad).
Compared to the current regulations, the application for a driver’s license renewal from June 1 will change the application form and no longer require a copy of the ID card/ID or passport with an ID number (for Vietnamese citizens).
The procedure for applying for a driver’s license renewal is as follows:
The Department of Transport will check the application upon receipt; if the application does not meet the requirements, it must notify the individual of the necessary additions or corrections within 2 working days from the date of receipt;
The individual applying must complete the obligation to pay the driver’s license issuance fee as prescribed and pay for other service fees as needed;
Within 5 working days from the date of receipt of the complete and correct application, the Department of Transport will process the driver’s license renewal. If the license is not renewed, a response with the reason must be provided;
The driver’s license issuing authority will retain the original renewal application of the transport sector (except for online public service renewals); a copy of the renewal application or a foreign driver’s license, police-issued driver’s license, or military-issued driver’s license will be retained for 2 years from the date of issuance. The old driver’s license (except for foreign-issued licenses) will be corner-cut and returned to the driver for safekeeping (for full online renewal, the driver is responsible for sending the old license to the issuing authority for cancellation as prescribed);
If the driver wishes to downgrade their license, they must clearly state this in the renewal (reissue) application form.
Lending a License May Result in Revocation
Additionally, this Circular stipulates 6 cases where a driver’s license may be revoked, including the new addition of license revocation if the owner allows another person to use their license. The specific cases are as follows:
First, The driver engages in fraudulent activities to obtain a driver’s license.
Second, The driver alters or falsifies information on the driver’s license.
Third, Allowing another person to use one’s driver’s license.
Fourth, The competent authority issues a license to an ineligible person.
Fifth, Errors in personal information such as name, date of birth, nationality, residence, license class, issuance value, exam date, or signatory.
Sixth, The competent authority determines through a health examination that the driver has narcotics in their body.
This bulletin is for informational purposes only regarding newly enacted legal regulations and is not intended for advising or applying to specific cases.
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Circular No. 05/2024/TT-BGTVT amends and supplements regulations on a number of cases of driver’s license revocation, notably that the owner’s license will be revoked if it is left to someone else Borrow your driving license.
On March 31, the Minister of Transport (MOT) issued Circular No. 05/2024/TT-BGTVT amending the Circular related to the field of road transport and road transport support services, vehicle and driver. In particular, the new regulations on issuance, renewal and revocation of driving licenses from June 1 attract many people’s attention.
What documents do trainee drivers need to prepare?
According to Circular No. 05, trainee drivers need to prepare the following documents to include in their records:
For first-time driving learners, documents submitted directly to the training facility include: Application for study and testing to issue a driver’s license; Copy of temporary residence card, permanent residence card, diplomatic identity card or official identity card for foreigners and driver’s health certificate issued by a competent medical facility according to regulations.
For license upgrade driving learners, documents are submitted directly to the training facility and photos are taken directly and stored in the driver’s license database. Documents include: Application for study and testing to issue a driver’s license; Copy of temporary residence card, permanent residence card, diplomatic identity card or official identity card for foreigners; Driver’s health certificate issued by a competent medical facility according to regulations; Copy of junior high school diploma or equivalent degree or higher in case of upgrading driver’s license to classes D, E (present the original when checking test application documents) and Time declaration practice time and number of safe driving kilometers according to the form specified in Appendix 8 issued with Circular 12/2017/TT-BGTVT.
For minorities who cannot read or write Vietnamese and learn to drive class A1 or class A4 motorbikes, documents must be submitted directly at the training facility, including: Health certificate of the driver from the medical facility authority granted according to regulations.
New regulations on procedures for changing Driver’s Licenses
Regarding the procedure for changing driver’s license, the application for changing driver’s license issued by the Transport sector will include the following documents: Application to change driver’s license according to the form; Driver’s health certificate issued by a competent medical facility according to regulations (except for cases of grades A1, A2, A3); Copy of driver’s license and valid passport (for foreigners and Vietnamese residing abroad).
Compared to current regulations, the application form to change driver’s license from June 1 will change, and will no longer require a copy of ID card/CCCD or a valid passport with the ID card/CCCD number recorded. (towards Vietnamese).
The procedure for applying to change driving license is prescribed as follows:
Department of Transport checks documents upon receipt; In case the dossier is not in accordance with regulations, the content that needs to be supplemented or amended must be notified to the individual within 02 working days from the date of receipt of the dossier;
The individual submitting the application must complete the obligation to pay the license issuance fee according to regulations and pay fees for using other services according to the individual’s needs;
Within 05 working days from the date of receiving complete documents according to regulations, the Department of Transport will change the driving license. In case the license is not changed, department must reply and clearly state the reason;
The license-issuing agency stores the original copy of the license changing file issued by the Transport sector (except in the case of changing the license through the online public service system); Copy of application for exchange of driving license or foreign driver’s license, driving license issued by the Police, military driving license issued by the Ministry of National Defense within 02 years from the date of issuance of the driving license. Cut corners of old driving license (except driving license issued by foreign countries), give it to the driver to preserve (in case of changing the driving license online for the whole process, the driver is responsible for sending the old driving license to the license issuing agency for cancellation according to regulations);
In case the driver wants to change the driving license to a lower class, it must be clearly stated in the application to change (re-issue) the driving license according to the prescribed form.
Lending to others may result in your license being revoked
In addition, this Circular also stipulates 6 cases in which the driver’s license can be revoked, including the driver’s license owner letting someone else use his or her driver’s license. The cases are specified as follows:
First, the driver committed fraud to obtain a driver’s license;
Second, the driver erases, or falsifies information on the driver’s license;
Third, allow someone else using your driver’s license;
Fourth, competent authorities issue grants to ineligible people;
Fifth, there is an error in one of the information about full name, date of birth, nationality, place of residence, driver’s license class, issued value, admission date, and signer;
Sixth, through a medical examination, the competent authority determines that there are drugs in the driver’s body.
This bulletin is intended solely to inform about newly issued legal regulations and is not intended as advice or for application to specific cases.
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Pursuant to Decree No. 41/2024/ND-CP promulgated by the Government on April 16, 2024. Since June 1, 2024, licenses in transport business activities, car driver training, if not qualified or prescribed specifically in this Decree, will be revoked.
On April 16, 2024, the Government promulgates Decree 41/2024/ND-CP amending and supplementing a number of articles of Decrees related to the management of transport activities by car, car driver training services and driving test services. This new regulation has added a number of cases of revocation of licenses in transportation business and driver training. Specifically, after updating and summarizing, the cases of revocation with the aforementioned types of licenses are, as follows:
Cases of certificate of driver‘s practicing teacher revocation:
- Committing fraud when attend training and testing to obtain a Driving Practice Teacher Certificate;
- Grant to a person who does not meet one of the criteria specified in Article 8 of this Decree;
- Issued by an agency or person without authority;
- Erased or amended;
- Leasing or lending to other training institutions for use but not participating in teaching; or lease or lend to other organizations or individuals for usage.
Cases of driver’s license revocation:
- Issued to practice vehicles that do not meet one of the conditions specified in Clause 2, Article 3 and Clause 2, Article 6 of this Decree;
- Erased or corrected;
- Let other organizations or individuals use it for driving training purposes;
- The driving training facility is dissolved or its training license is revoked;
- At the request of the training facility;
- Driving practice vehicles have 2 or more DAT devices installed and used to cheat during practical driving training.
Cases of revocation of driving training licenses of driving training organizations:
- Committing fraud to establish or issue a car driving training license;
- Not implementing car driving training activities after 24 months from the date of issuance of the car driving training license;
- Suspended enrollment in car driving training 2 times or more within 18 months;
- The license is issued improperly and incompetently;
- Erasing, correcting or falsifying the content on the issued license;
- Rent or borrow license.
- The driving training facility is dissolved according to the provisions of law;
- The driver training facility does not organize driver training activities after a period of 24 consecutive months from the date of the written notice of temporary suspension of operations without meeting the conditions for providing driver training services. car;
- The driver training facility does not organize driver training activities for 24 consecutive months;
Cases of driver’s license revocation:
- The driver committed fraudulent acts to obtain a driver’s license;
- The driver erases, erases, or falsifies information on the driver’s license;
- Letting someone else use your driver’s license;
- Competent authority issues to ineligible people;
- There is an error in one of the information about full name, date of birth, nationality, place of residence, driver’s license class, issued value, date of admission, and signer;
- Through a medical examination, the competent authority determined that there were drugs in the driver’s body.
Cases of revocation of a Transport Business License:
- Providing a copy that is inconsistent with the original or incorrect information in the application for a Business License;
- Not doing transportation business of all types stated on the Business License for a period of 06 months or more from the date of issuance of the Business License or ceasing to do transportation business of all types stated on the Business License. business for 6 consecutive months or more;
- Terminate operations according to the provisions of law or at the request of the transport business unit
- Repair or falsify image data from cameras installed on vehicles before, during and after data transmission.
- Failure to comply with the competent authority’s decision to inspect and examine compliance with business regulations and conditions for car transport business;
- During a period of 1 month, 30% or more of the unit’s vehicles are subject to recall violations and have their badges and signs stripped.
In addition, according to the transitional provision in Article 4 of Decree No. 41/2024/ND-CP stipulates:
- Certificates of practical driving teachers, driving licenses, driving training licenses, certificates of qualified driving test centers issued by competent agencies before the effective date of this Decree, shall continue to be used until the expiry of the validity period.
This newsletter is for information purposes only on newly promulgated laws, and is not intended to advise or apply to specific cases.
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In order to promote online public services and provide convenient payment services for land financial obligations to businesses, the General Department of Taxation, in coordination with relevant units, has issued Official Letter No. 1288/TCT-DNNCN regarding the implementation of land financial obligations payment for businesses through the National Public Service Portal.
According to Official Letter No. 1288/TCT-DNNCN, the scope of implementing the financial obligation payment service applies to State-owned enterprises (SOEs) submitting land financial obligations through the National Public Service Portal and exchanging data from the General Department of Taxation to the National Public Service Portal to process administrative procedures for SOEs.
This guidance applies to SOEs with accounts on the National Public Service Portal to submit financial obligations regarding land through the one-stop mechanism. It only applies to online payment for land financial obligations that have not expired. The process of handling financial obligation files ensures online payment on the National Public Service Portal and accurate information updates.
The detailed guidance and payment steps are as follows:
Step 1: Access the National Public Service Portal, log in to the business account, select Online Payment, and choose Tax Payment, Land Use Tax, and Property Tax.
Step 2: Enter information to look up land financial obligations using the provided file code.
Step 3: The National Public Service Portal connects to the eTax system.
Step 4: Display payment information on the payment slip to the State budget Form C1-02/NS.
Step 5: Check the information on the payment slip and complete the payment process.
Step 6: Confirm successful payment and receive notification of completion of payment to the state budget.
Transaction lookup steps:
Step 1: Click on ‘Business Information’ on the National Public Service Portal.
Step 2: Select ‘Payment History’ to continue.
Step 3: Enter search parameters and click the search icon.
Step 4: Select ‘Receipt’ to view details of the documents and download them in XML or PDF format.
The implementation commenced in Phase 1 in March 2024 and continued to be widely deployed in Phases 2 in April and May 2024.
This bulletin is for informational purposes only regarding newly enacted legal regulations and is not intended for advising or applying to specific cases.
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