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.
Hope this information proves helpful to our esteemed readers.
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;
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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To ensure working conditions, rights, and the health of laborers engaged in specialized jobs such as those in the field of exploration and exploitation of oil and gas at sea, on November 8, 2023, the Ministry of Industry and Trade issued Decree no. 20/2023/TT-BCT, replacing Decree 24/2015/TT-BTC, which regulates working hours and rest periods for laborers in specialized occupations within the field of exploration and exploitation of oil and gas at sea (hereinafter referred to as “workers“), including determining the rest hours for these workers. (“Decree 20“).
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The resting time is the necessary duration for laborers to restore expended labor force to ensure continuous work processes. Hence, when arranging work shifts for laborers, employers not only have to ensure the working hours but also adhere to the legally regulated rest periods for them.
* For laborers working regularly at offshore oil and gas sites, the rest should be arranged as follows:
* For irregularly working laborers at offshore oil and gas sites, the rest should be arranged as follows:
This information summarizes the details of laborers working in the field of exploration and exploitation of oil and gas at sea regarding their rest periods. Decree 20 will be effective starting from December 25, 2023.
* This bulletin aims to inform about newly enacted legal regulations and is not intended for specific advice or application in individual cases.
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Recently, the Government issued Decree 83/2023/ND-CP amending Decree 95/2018/ND-CP on regulations regarding the issuance, registration, depository, listing, and trading of government debt instruments on the securities market (‘Decree 83‘).
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Decree 83/2023/ND-CP has amended the regulations on the issuance of government bonds individually as follows:
The above constitutes the entire content of the newsletter: New regulations on the individual issuance of government bonds.
Decree 83 takes effect from January 15, 2024.
This newsletter is intended solely to inform about newly enacted legal regulations and should not be construed as advice or applied to specific cases.
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To promote online public services, on October 16, 2023, the Ministry of Finance issued Circular 63/2023/TT-BTC amending and supplementing some provisions of certain Circulars regulating fees and charges of the Minister of Finance to encourage the use of online public services (“Circular 63“).
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There are 4 fees and charges reduced from December 1, 2023, to December 31, 2025:
Additionally, there are 4 fees and charges reduced from January 1, 2024, to December 31, 2025:
The Circular takes effect from December 1, 2023. The new fees apply from December 1, 2023, to December 31, 2025. From January 1, 2026, onwards, the current fee rates will be applied.
* 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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Decision No. 11/2023/QD-TTg issued by the Prime Minister on April 27, 2023, regulates the reporting threshold for significant transactions (“Decision 11“).
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In accordance with the provisions of Clause 3, Article 3 of the Anti-Money Laundering Law 2022, significant transactions are cash or foreign currency transactions carried out one or more times in a day with a total value equal to or exceeding the prescribed threshold.
The current Decision No.20/2013/QD-TTg stipulates that transactions exceeding 300 million Vietnamese dong must be reported to the State Bank of Vietnam. However, starting from December 1, 2023, the reporting threshold has been increased to 400 million Vietnamese dong.
The scope of application of this law includes financial institutions, organizations, individuals engaged in non-financial sectors as stipulated in Clause 1 and Clause 2, Article 4, along with the reporting procedures specified in Article 36 of the Anti-Money Laundering Law 2022.
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Production and circulation of counterfeit money constitute a type of crime that, while not new, is increasingly sophisticated and prevalent. Understanding the detrimental impact of counterfeit currency on socioeconomic development, the banking sector regularly collaborates with relevant authorities to promote campaigns against counterfeit money. On December 8, 2023, the government issued Decree No. 87/2023/ND-CP, outlining measures for preventing and combating counterfeit money and safeguarding the Vietnamese currency. Notably, this decree emphasizes aspects related to the detection, seizure, and temporary confiscation of counterfeit money (‘Decree 87‘).
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In activities and transactions involving cash, the State Bank, credit institutions, branches of foreign banks, the State Treasury, police agencies, authorized military units, and customs authorities must determine whether the currency is genuine or counterfeit by comparing it with the security features of officially published Vietnamese currency by the State Bank.
Should institutions or individuals fail to comply or cooperate in preparing records or seizing suspected counterfeit money, the State Bank, credit institutions, branches of foreign banks, and the State Treasury shall promptly report to the nearest police authority for coordinated handling.
This encapsulates the entirety of the new regulations on counterfeit money prevention and control. Decree 87 will take effect from February 2, 2024.
This bulletin is solely intended to inform about newly enacted legal regulations and is not meant for advice or application in specific cases.
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Circular No. 12/2023/TT-NHNN of the State Bank of Vietnam amends, supplements, and replaces certain provisions of Circular No. 06/2013/TT-NHNN dated March 12, 2013, by the Governor of the State Bank, providing guidance on the trading of gold bullion in the domestic market (“Circular 12”).
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Circular 12 has made adjustments regarding the notification of transaction results as follows: The State Foreign Exchange Reserve Management Department will notify in writing the Foreign Exchange Management Department, Financial – Accounting Department, Trading Department, Issuing Department, and Reserve Department of the results of gold bullion transactions with each credit institution and enterprise after confirming the transaction. Compared to the old regulations, Circular 12 adds the requirement to notify the Trading Department.
Circular 12 has adjusted the payment period and the deadline for delivery, receipt of gold bullion as follows: The list of organizations that have fully paid for gold bullion on the day will be prepared by the State Foreign Exchange Reserve Management Department at the end of the day of confirming the transaction and at the end of the next working day after the day of confirming the transaction. Subsequently, the Department shall notify in writing the Financial – Accounting Department, Issuing Department, and Reserve Department to deliver gold bullion to credit institutions and enterprises. Immediately after the delivery and receipt of gold bullion is completed, the Issuing Department and Reserve Department shall notify in writing the State Foreign Exchange Reserve Management Department and the Trading Department to make payment to credit institutions and enterprises. According to the previous regulations, Circular No. 06/2013/TT-NHNN required notification in writing to the Trading Department for payment to credit institutions and enterprises.
Circular 12/2023/TT-NHNN takes effect from November 27, 2023.
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