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:
Cases of driver’s license revocation:
Cases of revocation of driving training licenses of driving training organizations:
Cases of driver’s license revocation:
Cases of revocation of a Transport Business License:
In addition, according to the transitional provision in Article 4 of Decree No. 41/2024/ND-CP stipulates:
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.
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On April 10, 2024, the Minister of Transport issued Circular No. 10/2024/TT-BGTVT amending and supplementing a number of articles of Circulars regulating the management of water transport routes from shore to islands in Vietnamese territorial waters.
According to the provisions of Article 1 of Circular No. 10/2024/TT-BGTVT, procedures for registration of fixed passenger transport on water transport routes from shore to islands, specified in Appendix I issued with this circular, is changed as follows:
Regarding methods, organizations and individuals can submit registration documents directly, via the postal system, online public services or other appropriate forms to the Department of Transport where the waterway is managed. Compared to the old regulations, this Circular has supplemented the form of submitting applications via the online public service system or other appropriate forms. At the same time, the place to receive documents is changed to the Department of Transport instead of the regional maritime port authority, the agency and functional unit assigned tasks by the Provincial People’s Committee in case of decentralization.
Regarding documents, registering organizations and individuals need to provide the following documents:
Registration of passenger transport activities according to the form specified in Appendix II issued with this Circular;
Original or electronic copy or electronic copy or certified electronic copy of written agreement or contract with the port or wharf management organization for vehicles to pick up and drop off passengers;
Present the original for inspection (in case of direct sending) or electronic copy or certified electronic copy (in case of sending by post or online public service system). or in other suitable form), including: Vehicle registration certificate; The vehicle’s technical safety and environmental protection certificate is valid and suitable for the route of operation.
Regarding the implementation order, after receiving the dossier, the Department of Transport will check and process the dossier as follows:
In case the application is submitted directly: If the application is not valid according to regulations, return it immediately and instruct the organization or individual to complete the application. If the dossier is valid according to regulations, no later than 03 working days from receipt of complete dossier, the Department of Transport shall request written opinions from the regional maritime port authority and waterway port authority. inland under the Department of Inland Waterways of Vietnam (hereinafter referred to as the Port Authority) where the waterway transport route from shore to the island passes. The Port Authority is responsible for responding in writing within 03 working days from the date of receipt of the document;
In case the application is received via the postal system, online public service system or other appropriate form: If the application is not valid according to regulations, within 02 working days from the date of receipt of the application. dossier, the Department of Transport must send a document to organizations and individuals requesting to supplement and complete the dossier. Within 30 days from the date of issuance of the written notice, if the organization or individual does not complete or supplement the dossier, the Department of Transport will end the processing of the dossier. Organizations and individuals who want to continue carrying out fixed passenger transport registration procedures must start over from the beginning according to regulations.
If the application is valid according to regulations, no later than 03 working days after receiving the complete application, the Department of Transport will request written opinions from the Port Authority where the waterway route from the shore is located. passing island. The Port Authority is responsible for responding in writing within 03 working days from the date of receipt of the document;
No later than 03 working days after receiving the written response from the agency or unit specified in Clause 2 of this Article, the Department of Transport shall consider and issue a written approval according to the form prescribed in Clause 2 of this Article. Appendix II issued with this Circular is sent directly or via the postal system or online via the online public service system to organizations and individuals transporting fixed passengers on the route. In case of disapproval, there will be a written response clearly stating the reason.
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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Compared to previous regulations, Decree No. 38/2024/NĐ-CP introduces additional sanctions and more specific provisions regarding the penalty levels for administrative violations in the field of fishing and exploitation of aquatic products.
On April 5, 2024, the Government issued Decree No. 38/2024/NĐ-CP on penalties for administrative violations in the fisheries sector, replacing Government Decree No. 42/2019/NĐ-CP dated May 16, 2019. Compared to the previous text, Decree 38 has supplemented and provided more specific and detailed provisions regarding the sanctions for administrative violations in the field of exploitation of aquatic products, especially concerning the use of electricity or chemicals, prohibited substances for fishing.
Specifically, Clause 2, Article 28 of Decree 38 specifies the penalties for the use of electric shock devices or direct use of electricity from power generators on fishing vessels for the exploitation of aquatic products as follows: A fine from 5,000,000 VND to 10,000,000 VND for cases where the fishing vessel has a maximum length of less than 6 meters; A fine from 15,000,000 VND to 20,000,000 VND for cases where the fishing vessel has a maximum length from 6 meters to less than 12 meters; A fine from 20,000,000 VND to 30,000,000 VND for cases where the fishing vessel has a maximum length from 12 meters to less than 15 meters; A fine from 30,000,000 VND to 40,000,000 VND for cases where the fishing vessel has a maximum length of 15 meters or more.
Moreover, for the act of directly using electricity from the grid to exploit aquatic products without reaching the level of criminal liability, the applicable penalty is a fine from 40,000,000 VND to 50,000,000 VND.
Compared to previous regulations, Decree 38 has supplemented penalty levels for cases where fishing vessels with a length of less than 6 meters use electricity from power generators to exploit aquatic products. This new provision helps to complete the sanction framework, providing conditions for competent authorities to manage and strictly handle violations.
Similarly, Article 29 of this decree also elaborates and provides more detailed provisions regarding sanctions for the act of storing, using prohibited chemicals, toxic substances, explosives, or poisonous plants for the exploitation of aquatic products. Depending on the size of the fishing vessel, the applicable fine may range from a minimum of 3,000,000 VND to 5,000,000 VND (for vessels under 6 meters in length) to a maximum of 15,000,000 VND to 20,000,000 VND (for vessels from 24 meters in length and above).
For repeat offenses or multiple administrative violations, the fine levels will also range from a minimum of 5,000,000 VND to 10,000,000 VND (for vessels under 6 meters in length) to a maximum of 20,000,000 VND to 25,000,000 VND (for vessels from 24 meters in length and above).
Compared to Decree No. 42/2019/NĐ-CP, Decree No. 38 not only specifies and details the penalty levels for each type of offending fishing vessel but also increases the penalty levels for the act of storing prohibited chemicals, toxic substances, explosives, or poisonous plants on fishing vessels. This provision is expected to enhance deterrence and minimize administrative violations in the field of aquatic product exploitation.
This decree shall come into effect from May 20, 2024.
This news bulletin is for informational purposes regarding newly enacted legal regulations and is not intended for specific advice or application in individual cases.
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Compared to previous regulations, Decree 37/2024/NĐ-CP provides more detailed and stringent provisions regarding the conditions and standards for granting licenses to fishing vessels for exploitation outside Vietnamese waters. With the advantage of a long coastline and abundant aquatic resources, fishing and exploitation of aquatic products are among the professions that provide stable income in Vietnam. Not limited to domestic waters, fishermen are now aiming to exploit and fish outside Vietnamese waters. Therefore, it is essential to establish strict conditions for fishing vessels to operate outside Vietnamese waters.
On April 4, 2024, Decree No. 37/2024/NĐ-CP was amended and supplemented regarding certain provisions of Government Decree No. 26/2019/NĐ-CP detailing some articles and measures for the implementation of the Fisheries Law, which was issued, focusing on adjustments and additions to the conditions for fishing vessels to operate and exploit outside Vietnamese waters, a matter of considerable public interest
Specifically, Article 1, Clause 23 of Decree No. 37/2024/NĐ-CP specifies the conditions that fishing vessels must meet as follows:
Firstly, Fishing vessels with a length of 15 meters or more must install automatic voyage monitoring equipment to transmit information and data via satellite information systems and must not be included in the list of fishing vessels violating regulations on illegal exploitation;
Secondly, Fishing vessels must be equipped with maritime communication equipment, including Very High Frequency (VHF) radio transceiver with selective calling and Digital Selective Calling (DSC) on channel 70 or 16; Medium Frequency/High Frequency (MF/HF) radio transceiver; automatic reception of maritime information and weather (NAVTEX); emergency position indicating radio beacon (EPIRB);
Thirdly, Fishing vessels must have an International Maritime Organization (IMO) number as required in cases where the fishing vessel operates in the waters under the jurisdiction of the fisheries management organization or in the waters of other countries or territories with requirements;
Fourthly, there must be a supervisor as required by the regional fisheries management organization or coastal state;
Fifthly, Crew members and workers on fishing vessels must have a Certificate of Completion of Fisheries Management Training in international waters issued by the State fisheries management agency under the Ministry of Agriculture and Rural Development for cases where a license is issued for exploitation in waters managed by the regional fisheries management organization.
Compared to the provisions of Article 46 of Decree No. 26/2019/NĐ-CP, Decree 37 has more stringent and specific regulations regarding the conditions for fishing vessels to operate and exploit aquatic products outside Vietnamese waters. This has created a solid legal framework to control fishing vessels operating beyond Vietnamese territorial waters.
This decree shall come into effect from May 19, 2024.
This news bulletin is for informational purposes regarding newly enacted legal regulations and is not intended for specific advice or application in individual cases.
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On April 12, 2024, the People’s Committee of Hanoi issued Decision No. 27/2024/QD-UBND amending and supplementing some provisions of regulations on compensation, support, and resettlement when the State recovers land in the city of Hanoi, issued together with Decision No. 10/2017/QD-UBND of the People’s Committee of Hanoi.
This decision amends and supplements some provisions of regulations on compensation, support, and resettlement when the State recovers land in Hanoi. Specifically:
Firstly, households, individuals using residential land, or Vietnamese residing abroad owning residential houses attached to land use rights in Vietnam shall be compensated without any other residential land or houses in the recovered area. Specifically, in cases where all residential land is recovered or the remaining residential land does not meet the conditions for habitation, compensation shall be made with residential land or houses.
Secondly, for districts, compensation shall be made with resettlement apartment buildings, with a suitable area not exceeding twice the area of the recovered land and not lower than the minimum resettlement quota prescribed. Any excess area beyond this limit or greater than 30m² must be purchased at the house selling price determined by the state authorities.
Thirdly, in projects invested with state budget funds, compensation shall be made with resettlement land, provided that the resettlement land fund is of sufficient scale and area. In cases where it is insufficient, the City People’s Committee shall consider each project and specific case and compensate with land as prescribed.
Fourthly, for districts and towns, compensation shall be made with residential land, provided that it does not exceed the minimum resettlement quota and the maximum limit of residential land allocated at the local level.
Fifthly, when a residential land plot is recovered and multiple households share its use, each household shall be allocated one resettlement quota. The area of land provided shall not exceed the area of the recovered residential land. In cases where the provided land area exceeds this, households need to pay for land use, calculated based on the current land price and adjustment coefficient.
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. 02/2024/TT-BNNPTNT restricts the right of former agricultural officials to establish and manage enterprises for some specific industries they have managed.
On March 27, 2024, the Ministry of Agriculture and Rural Development issued Circular No. 02/2024/TT-BNNPTNT stipulating the list of domains and the duration of personnels with positions and powers not to establish, hold titles, positions in management and administration of private enterprises, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning their positions in the fields under the management of the Ministry of Agriculture and Rural Development.
Specifically, according to Article 3 of Circular 02/2024/TT-BNNPTNT, a person with a prescribed position and powers is a person who is appointed, elected, recruited, contracted or another form, paid or unpaid, assigned to perform certain tasks and duties and has certain powers while performing their duties, that act. These include: Cadres, civil servants, public employees; Holders of titles and managerial positions in enterprises or organizations; The representative of the state capital portion at the enterprise and other persons assigned to perform public duties and duties and have powers while performing such duties or duties.
The fields in which these people are not established, holding titles, managerial positions, operating enterprises and cooperatives include: Horticulture, Plant Protection, Animal Husbandry, Veterinary Health, Irrigation, Dikes and Natural Disaster Prevention and Control, Forestry, Forestry, Fisheries, Fisheries, Cooperative Economy and Rural Development, Quality, processing, market development and programs, projects and schemes in the above-mentioned fields. The restriction period is 12 months from the date of resignation from office by decision of the competent authority.
This circular takes effect on May 20, 2024.
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According to Decision No. 869/QD-BYT, the human resource target of the Ministry of Health in the period of 2023-2050 will be maintained and increase stably. With a vision to 2050, the human resource target of the health sector will reach 35 doctors, 4.5 university pharmacists and 90 nurses per 10,000 people.
Concretizing the Government‘s Resolution No. 138/NQ-CP dated October 25, 2022 on the National Master Plan for the period 2021-2030, vision to 2050, on April 8, 2024, the Minister of Health issued Decision No. 869/QD-BYT approving the Health Human Resource Development Project for the period 2023-2030, orientation 2050.
Decision No. 869/QD-BYT aims to organize, assign specific targets and tasks for agencies, departments and organizations of the health ministry to implement in the coming period. The overall objective of the Human Resource Development Project of the Ministry of Health is to develop health human resources in sufficient quantity, quality assurance, professional capacity and medical ethics with reasonable structure and distribution in order to contribute to improving the quality of protection, caring for and improving people’s health, towards the goal of equity, efficiency, development and international integration. Decision 869/QD-BYT has planned human resources indicators for the health field, specifically as follows:
Quota on personnels in health field/10.000 people
| No | Personnel | Year 2023 | Year 2025 | Year 2030 | Year 2050 |
| 1 | Doctors | 12 | 15 | 19 | 35 |
| 2 | University Pharmacist | 3,06 | 3,4 | 4,0 | 4,5 |
| 3 | Nurses | 13 | 25 | 33 | 90 |
With the approval of the above target, Vietnam’s health sector has determined that the period from 2023 – 2030 prioritizes the maintenance and improvement of the quality of human resources in the medical sector rather than increasing in quantity. The approval of the above human resource development targets for the health sector also demonstrates the view of developing human resources stably and reasonably but still ensuring the number to ensure conditions for accessing and providing health care for all people, towards international integration. Data shows that the labor quota for medicine in OECD countries is currently 3.7 per 1000 people. Thus, towards 2050, Vietnam determines that the health human resource target will approach the current developed countries.
The above target also reflects the State’s interest in recruiting and training medical human resources in the above period. By increasing the annual target, enrollment and training are also necessary to be promoted.
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According to Official Dispatch No. 32/CD-TTg of the Prime Minister, credit institutions must publicly disclose lending interest rates and the implementation of credit packages before April 10, 2024 in accordance with instructions. of the Standing Government in notice No. 134/TB-VPCP dated April 2, 2024.
On April 5, 2024, Prime Minister Pham Minh Chinh issued Official Dispatch No. 32/CD-TTg on solutions to manage credit growth in 2024, especially in the context of credit growth until March and the first quarter of 2024 only reached about 0.9%. In particular, instructions related to lending interest rates at credit institutions are content that many people are interested in.
The State Bank directs and coordinates to reduce lending interest rates
Specifically, the State Bank of Vietnam is directed to preside over and coordinate with relevant agencies to reduce lending interest rates according to the Direction in Official Dispatch No. 18/CD-TTg dated March 5, 2024 to prioritize promoting economic growth, removing difficulties for production and business associated with macroeconomic stability, controlling inflation, ensuring major balances of the economy, safety of banking operations and system of credit institutions.
In addition, it is necessary to effectively implement appropriate solutions to reduce lending interest rates, associated with increasing access to credit capital to support people and businesses to develop production and business, ensuring adequate supply of credit capital, serving and meeting the capital needs of the economy and safety of the system of credit institutions.
Strictly handle banks that do not disclose interest rates before April 10, 2024
For credit institutions, the Prime Minister requires publicizing lending interest rates and the implementation of credit packages before April 10, 2024 in accordance with the direction of the Standing Government in Notice No.134/TB-VPCP in April 2, 2024. In case of non-compliance, the Governor of the State Bank of Vietnam needs to strictly handle it according to authority and make it public according to the provisions of law.
For state-owned commercial banks, the Prime Minister directed immediate research into building and providing credit packages for social housing buyers with a term of up to 15 years; applying preferential interest rates lower than normal commercial loans and lending to businesses and investors building social housing at more preferential interest rates so that low-income people have opportunities and motivation to buy a house or have advantages in renting/lease-buying a house.
Beside, this group of banks needs to continue to research and consider lowering interest rates, simplifying procedures and facilitating the borrowing of VND 120,000 billions in support capital in accordance with the practical situation in accordance with the direction of the Government. Prime Minister in Notice No. 123/TB-VPCP dated March 27, 2024.
In addition, credit granting by credit institutions also needs to be promoted, strengthen inspection, control, and strict supervision and have effective solutions to promptly handle bad debts of the system credit institutions.
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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