Legal answers

NATIONAL ASSEMBLY OFFICIALLY APPROVES THE 2024 LAND LAW

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On the morning of January 18, 2024, at the 5th extraordinary session of the 15th National Assembly, the National Assembly officially voted to pass the amended Land Law project (also known as the 2024 Land Law) with a voting result of 87.63%.

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After being reviewed and adjusted, it is anticipated that the 2024 Land Law will consist of 16 chapters and 260 articles (excluding 05 articles, amended, supplemented to 250 articles, both in terms of content and technical aspects compared to the draft Law submitted to the National Assembly at the 6th session).

Among them, 18 contents have been unanimously reviewed and improved as follows:

(1) Regarding the rights and obligations of Vietnamese individuals residing abroad in land use;

(2) Regarding not expanding the scope of receiving the transfer of land use rights by foreign-invested economic organizations (Article 28);

(3) In the case of foreign-invested economic organizations receiving the transfer of real estate projects according to the provisions of real estate business laws;

(4) Regarding the rights and obligations of economic organizations, public sector units using leased land to pay annual fees for assets attached to land (Article 34);

(5) Regarding conditions for individuals not directly engaged in agricultural production to receive the transfer of rice cultivation land (Clause 7, Article 45);

(6) Regarding the principles of formulating and approving land use planning at all levels (Clause 9, Article 60);

(7) Regarding land use quotas determined in the content of provincial and district-level land use planning (Articles 65 and 66);

(8) Regarding the organization of implementing planning, land use plans, allocation of land use quotas at the provincial and district levels (Article 76);

(9) Regarding land recovery for commercial housing projects, mixed-use housing and commercial projects, services (Clause 27, Article 79);

(10) Regarding the development, exploitation, and management of land funds (Chapter VIII);

(11) Regarding the relationship between land recovery cases and agreements on land use rights or existing land use rights to implement socio-economic development projects without using state budget funds;

(12) Regarding the types of land used for commercial housing projects through agreements on land use rights or existing land use rights;

(13) Regarding issuing certificates for households, individuals using land without violating land laws, not falling into cases where land is improperly assigned (Clause 3, Article 138);

(14) Regarding land rent paid annually (Clause 3, Article 153);

(15) Regarding the content of land valuation methods and the cases, conditions for applying each method (Article 158);

(16) Regarding coastal encroachment activities (Article 190);

(17) Regarding the subjects allowed to use land for national defense, security combined with labor production and economic construction (Clause 1, Article 201); rights and obligations of military enterprises, police when using land for national defense, security combined with labor production, economic construction (point h, Clause 3, Article 201);

(18) Regarding not amending or supplementing the Public Investment Law.

The above is the entire content of the News: The National Assembly officially approves the 2024 Land Law.

The 2024 Land Law is expected to take effect from January 1, 2025.

* This news is for informational purposes about newly enacted legal provisions and is not intended for specific cases’ advice or application.

We hope this information is helpful to our esteemed readers.

REGULATION OF STATISTICAL INDICATORS SYSTEM FOR PLANNING & INVESTMENT SECTOR

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The Minister of Planning and Investment has issued Circular No. 09/2023/TT-BKHĐT regulating the statistical indicators system for the Planning and Investment sector (“Circular 09”).

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Accordingly, the applicable entities include units under the Ministry of Planning and Investment; Provincial Departments of Planning and Investment directly under the central government; Industrial Park Management Boards, Provincial Economic Zone Management Boards directly under the central government; and other relevant agencies and organizations related to the statistical indicators system for the Planning and Investment sector.

The statistical indicators system for the Planning and Investment sector is a collection of statistical indicators reflecting the main activities of the Planning and Investment sector, serving the directing and managing tasks of the Ministry of Planning and Investment and state agencies. It provides a basis for evaluating, forecasting the situation, strategic planning, and socio-economic development policies within the management scope of the Planning and Investment sector, meeting the needs for information exchange and cooperation with organizations and individuals.

The list of statistical indicators for the Planning and Investment sector includes 54 indicators divided into 07 groups: Public investment; Foreign direct investment in Vietnam and Vietnamese direct investment abroad; Official Development Assistance (ODA) management, preferential loans; non-ODA assistance from foreign agencies, organizations, individuals for Vietnam; Tender management; Management of economic zones, industrial parks; Enterprise development, business registration; Collective economy, cooperative.

The circular specifies the responsibilities of units under the Ministry of Planning and Investment, including the General Statistics Office leading and coordinating with the National Economic General Department; Heads of relevant units; Directors of Provincial Departments of Planning and Investment; Heads of Industrial Park Management Boards, Provincial Economic Zone Management Boards directly under the central government are responsible for collecting and synthesizing statistical information.

The above is the entire content of the Circular: Regulation of the statistical indicators system for the Planning and Investment sector.

Circular 09 is effective from January 01, 2024.

* This news is for informational purposes only regarding newly issued legal regulations and is not intended for specific case consultation or application.

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REGULATIONS ON INTERNAL CONTROL SYSTEM OF NON-BANK CREDIT INSTITUTIONS

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On November 20, 2023, the Governor of the State Bank of Vietnam (SBV) issued Circular No. 14/2023/TT-NHNN regulating the internal control system of non-bank credit institutions (“Circular 14”).

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Circular 14 consists of 6 chapters, 39 articles; the applicable entities are non-bank credit institutions, including financial companies, financial leasing companies; and organizations, individuals related to the internal control system of non-bank credit institutions.

Circular 14 requires that the internal control system of non-bank credit institutions must meet the requirements for internal control systems as stipulated by the Law on Credit Institutions; be suitable for the scale, conditions, and complexity of the non-bank credit institution’s business activities; have sufficient financial, human, and information technology resources to ensure the effectiveness of the internal control system; establish and maintain a control culture and professional ethical standards for non-bank credit institutions.

Non-bank credit institutions must have internal regulations in accordance with the provisions of the Law on Credit Institutions, ensuring compliance with the Circular and relevant legal regulations. The Board of Directors, the Council of Members shall promulgate regulations on the organization, management, and operation of non-bank credit institutions, excluding matters within the competence of the General Meeting of Shareholders, owners; the Inspection Board issues internal regulations of the Inspection Board; the Director General (Director) issues internal rules, procedures, and operational processes (hereinafter referred to as internal procedures); to be regularly assessed in accordance with the provisions of the Circular and the regulations of the non-bank credit institution regarding appropriateness, compliance with legal regulations, and amendments and supplements (if necessary).

This Circular is effective from October 01, 2024.

The above is the entire content of the Circular: Regulations on the internal control system of non-bank credit institutions.

* This news is for informational purposes only regarding newly issued legal regulations and is not intended for specific case consultation or application.

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REGULATIONS ON IMPORTED REFURBISHED GOODS INTO VIETNAM UNDER CPTPP

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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.

NEW REGULATIONS ON HEALTH STANDARDS AND HEALTH EXAMINATION FOR MILITARY SERVICE OBLIGATIONS

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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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MINISTRY OF SCIENCE AND TECHNOLOGY ISSUES ECONOMIC – TECHNICAL STANDARDS FOR PUBLIC PROFESSIONAL SERVICES

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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.

* This newsletter is for the purpose of providing information about new legal regulations, not for consultation or application for specific cases.

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10% REDUCTION IN FEES FOR ONLINE PASSPORT APPLICATIONS FROM 01/01/2024

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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 HEAD OF THE CRIMINAL INVESTIGATION DEPARTMENT OF THE PEOPLE’S POLICE WAS FINED FOR ADMINISTRATIVE VIOLATIONS

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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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OFFICIAL REDUCTION OF 2% VALUE ADDED TAX FOR THE FIRST 6 MONTHS OF 2024

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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.

Hope this information is useful to our valued readers.

Legal News No. 12/2023

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