On November 16, 2021, the Government issued Decree No. 102/2021/ND-CP amending Decrees on sanctioning of administrative violations in the field of taxes and invoices; custom; insurance business, lottery business; management and use of public property; practice thrift, fight waste; national reserve; State Treasury; independent accountant. Accordingly, this Decree has amended and supplemented many new regulations on sanctioning of administrative violations in the field of taxes and invoices, including:
1. Increase the statute of limitations for sanctioning administrative violations on invoices: It is 02 years (Previously, the statute of limitations for sanctioning administrative violations on invoices was 01 year).
2. Sanctions for acts of giving and selling goods invoices (except for the act of giving and selling unissued printed invoices and giving and selling ordered printed invoices of customers ordering printed invoices to other organizations and individuals): A fine ranging from VND 20,000,000 to VND 50,000,000 (Previously, this fine was applied to acts of giving and selling purchase invoices from tax authorities but not yet made).
3. The additional sanction for the act of “making invoices without fully stating the required contents on invoices as prescribed”: A fine ranging from VND 4,000,000 to VND 8,000,000;
4. The additional sanction for the act of “losing, burning, damaging invoices that have been made but have not yet declared tax”: The fine level is from VND 4,000,000 to VND 8,000,000;
5. Abolish the regulation on sanctioning administrative violations for the act of “losing, burning or damaging a paid invoice during use or during storage, except for the cases specified in Clauses 1, 2, 3, Article 26 of Decree No.125/2020/ND-CP dated on 19 October 10, 2020, the Government’s regulations on penalties for administrative violations of taxes and invoices are amended and supplemented by Article 1 of Decree No.102/2021/ND-CP”
6. Amendment of regulations on the case that late payment of fines is not charged: During the period of consideration and decision to reduce or exempt fines, the late payment of fines will not be charged (Previously just specified during the period of consideration and decision to exempt fines).
This Decree takes effect from January 1, 2022.
The Law on amendments and supplements to a number of articles of the Law on Handling of Administrative Violations was passed by the XIV National Assembly of the Socialist Republic of Vietnam at its 10th session on November 13, 2020 (hereinafter collectively referred to as an abbreviated as “Amendment Law”).
Through this article, let’s learn with Bizlawyer about new changes in maximum fine levels in fields under the Amendment Law.
Reasons for amendments and supplements
– Firstly: The maximum fine level in some areas of state management has been prescribed since 2012 (the time of promulgation of the Law on Handling of Administrative Violations). At the present time, this fine level is too low compared to socio-economic development.
– Secondly: After nearly 8 years (from the time of promulgation of the Law on Handling of Administrative Violations), a number of violations in the fields of law are increasingly common, sophisticated, and illegal sources of income are: very large, causing great consequences to society, causing economic losses, even affecting the lives and health of people, but the maximum fine applied to these acts is still not commensurate with the nature and extent of the violation, lacks deterrence and is not sufficient to prevent and limit new administrative violations.
– Thirdly: The addition of the maximum fine in Article 24 of the Law on Handling of Administrative Violations for a number of new fields approved by the Standing Committee of the National Assembly stipulates specific maximum fine levels as a legal basis for the Government to stipulate during the implementation of the Law on Handling of Administrative Violations in the past few years are also very important.
– Fourthly: The names of some fields specified in Article 24 of the Law also changed in the laws passed after the Law on Handling of Administrative Violations was promulgated, so they also need to be revised for consistency.
Orientations for amendments and supplements
Firstly: Increase the maximum fine level in some fields;
Secondly: Add the maximum fine for a number of fields not yet specified in Article 24 of the Law on Handling of Administrative Violations;
Thirdly: Modify the names of a number of fields to suit the current Laws promulgated after the Law on Handling of Administrative Violations.
Modified and supplemented content
Increase the maximum fine of 10 fields such as:
– Road traffic: from 40 million to 75 million.
– Prevention and control of social evils: from 40 million to 75 million.
– Essential: from 50 million to 75 million.
– Management and protection of national borders: from 50 million to 75 million.
– Education: from 50 million to 75 million.
– Electricity: from 50 million to 100 million.
– Protecting the interests of consumers: from 100 million to 200 million.
– Irrigation: from 100 million to 250 million.
– Press: from 100 million to 250 million.
– Real estate business: from 150 million to 500 million.
Supplementing regulations on the maximum fine level of 08 fields, such as Foreign Affair; rescue; network security; network information security; state audit; obstructing proceedings; unemployment insurance; print.
Modify the names of some fields such as:
The field of production and trading of livestock and plant varieties into “cultivation”; production and trading of animal feed into “breed”; vocational training into “vocational education”; manage forests and forest products into “forestry”; exploration and exploitation of oil and gas and other minerals into “petroleum activities and other mineral activities”; restricting competition to “competition”; management of irrigation works; protect aquatic resources into “aquatic”.
The above are some new changes in maximum fine levels in fields under the Amendment Law. The Amendment Law will come into force from January 1, 2022.
* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.
Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!
The Law on amendments and supplements to a number of articles of the Law on Handling of Administrative Violations was passed by the XIV National Assembly of the Socialist Republic of Vietnam at its 10th session on November 13, 2020 (hereinafter collectively referred to as and abbreviated as “Amendment Law”).
Through this article, let’s learn with Bizlawyer about 04 notable new points of the Amendment Law in the section of general provisions.
Firstly: Clarifying the terms “recidivism” and “repeated administrative violations”
Current Law on Handling of Administrative Violations (Article 2): There is no clear distinction between regulations on “recidivism” and “repeated administrative violations”.
The Amendment Law (Clause 5, Article 2 of the Law on Handling of Administrative Violations) explains the word “recidivism”, according to which: “Recidivism means an individual or organization that has been issued a decision on sanctioning an administrative violation but not yet expires the time limit to be considered not yet sanctioned for an administrative violation but commits an administrative violation that has already been sanctioned. Accordingly, this content is distinguished from the content of “repeated administrative violations” explained in Clause 4, Article 2 of the current Law on Handling of Administrative Violations, Accordingly: “A repeated administrative violation is a case where an individual or organization commits an administrative violation that has previously committed this administrative violation but has not been handled and the time limit for handling has not expired”.
Secondly: Handling repeated administrative violations
The current Law on Handling of Administrative Violations: Point d Clause 1 Article 3 provides that: “A person […] who commits the repeated administrative violations shall be sanctioned for each violation;”. Meanwhile, Point b, Clause 1, Article 10 provides that: “repeated administrative violations is an aggravating circumstance.” Consequences: These regulations have created many difficulties in the process of reviewing and making decisions on sanctioning administrative violations.
The Amendment Law: Added regulations to be more specific on the sanctioning principle for each act in the case of “repeated administrative violations”, specifically: “A person […] who commits the repeated administrative violations shall be sanctioned for each violation, except for cases of repeated administrative violations which are prescribed by the Government as an aggravating circumstance;”. This is expected to remove difficulties in the process of reviewing and making decisions on sanctioning administrative violations.
Thirdly: Time limit for application of administrative handling measures
The Amendment Law has added point dd to Clause 2, Article 6 of the current Law on Handling of Administrative Violations as follows: “dd) Within the time limit specified at Points a, b, c and d of this Clause, if the individual intentionally evades or obstructs the application of administrative handling measures, the time limit shall be recalculated from the time of stop the act of evading, obstructing the application of administrative handling measures”.
This regulation reflects the rigor in the management of the state in the sanctioning of administrative violations in general and the application of administrative handling measures in particular.
Fourthly: Prohibited behaviors
The Amendment Law amends a number of prohibited acts in the handling of administrative violations in Article 12 of the current Law on handling of administrative violations, specifically:
Amending and supplementing Clause 6, Article 12 of the current Law on Handling of Administrative Violations: “6. Identifying improper administrative violations; application of improper and inadequate forms of sanction, sanctioning level and remedial measures to administrative violations.”
Adding Clause 8a after Clause 8, Article 12 of the current Law on Sanctions of Administrative Violations: “8a. Failing to monitor, urge, inspect and organize the enforcement of sanctioning decisions and remedial measures.”
The above amended and supplemented regulations stem from practical needs arising during the implementation process.
Above are 04 notable new points in the Amendment Law.
The Amendment Law will come into force from January 1, 2022.
* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.
Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!
The Law on amendments and supplements to a number of articles of the Law on Handling of Administrative Violations was passed by the XIV National Assembly of the Socialist Republic of Vietnam at its 10th session on November 13, 2020 (hereinafter collectively referred to as an abbreviated as “Amendment Law”).
Through this article, let’s learn with Bizlawyer about the most basic and general changes of the Amendment Law.
Completing mechanisms, policies, orders, and procedures in the law on handling of administrative violations and minimizing limitations and inadequacies in the provisions of the Law on Handling of Administrative Violations, contributing to ensuring the effectiveness and efficiency of the law enforcement on the handling of administrative violations in practice, ensuring security, order and social safety.
The Amendment Law includes 03 articles, specifically:
– Article 1: Amending and supplementing a number of articles of the Law on Handling of Administrative Violations (there are 75 clauses).
– Article 2: Amending and supplementing Clause 1, Article 163 of the Law on Civil Judgment Execution No. 26/2008/QH12 (amended and supplemented with a number of articles under Law No. 64/2014/QH13 and Law No. 23/2018/QH14).
– Article 3: Effect of implementation.
A total of 66/142 articles have been amended and supplemented compared to the current Law on Handling of Administrative Violations, in which:
– Comprehensively amending and supplementing: 16 articles;
– Technical amendments: 11/142 articles;
– New addition: 04 articles;
– Abolish 03 articles.
The new provisions of The Amendment Law are expected to have the following impacts:
– Firstly: Ensuring publicity, transparency, clarity, creating favorable conditions for people to perceive law observance and functional forces to perform official duties in practice.
– Secondly: Amending, supplementing, and annulling provisions of the Law on Handling of Administrative Violations are no longer relevant.
– Thirdly: Specific regulations, clear sanctions for handling:
+ Contribute actively to the fight and prevention of administrative violations in the new situation, helping individuals and organizations better understand administrative violations, thereby having appropriate behaviors in accordance with the provisions of the law.
+ Overcoming errors in the application of the Law, thereby contributing to limiting complaints and denunciations of individuals and organizations, and creating trust among the people.
+ Improve the effectiveness and efficiency of the management and enforcement of the law on handling administrative violations.
+ Ensure law enforcement handles administrative violations seriously, consistently, accurately, and effectively, fully ensuring human rights, legitimate rights, and interests of individuals and organizations as stipulated in the Constitution determined.
– Fourthly: Building a transparent and objective legal environment, helping businesses feel secure to invest in production and business, contributing to changing the face of the economy in our country.
– Fifthly: Ensuring the implementation of international commitments on human rights, moving towards international standards on human rights in the direction of openness, transparency, fairness, especially regulations on the application of measures to handle administrative violations, regulations related to minors.
In general, The Amendment Law has marked a new development step in building and perfecting the law on handling administrative violations in particular and the Vietnamese legal system in general.
The Amendment Law will take effect from January 1, 2022.
* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.
Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!
On December 10, 2021, the Government issued Decree 112/2021/ND-CP detailing several articles and measures to implement the Law on Vietnamese workers going to work abroad under contracts. In this Decree, there are regulations on increasing the deposit level of enterprises providing the service of sending workers to work abroad, specifically:
– The enterprise deposits of VND 2,000,000,000 (Two billion VND) at a bank, a foreign bank branch legally established and operating in Vietnam (the deposit receiving bank).
(According to current regulations, the deposit level is 1,000,000,000 (One billion VND) and service enterprises can only deposit at commercial banks licensed to operate in Vietnam).
– A service enterprise that assigns a branch to perform service activities of sending Vietnamese workers to work abroad under a contract must make an additional deposit of 500,000,000 VND (Five hundred million VND) for each branch that is assigned to do the work. This is a new regulation that is supplemented with the current one.
This Decree takes effect from January 1, 2022.
On December 24, 2021, the Ministry of Health issued Official Letter No. 10943/BYT-MT providing medical guidance on the prevention and control of the COVID-19 for people allowed to enter Vietnam for short-term work (under 14 days). Accordingly, those who are allowed to enter Vietnam to work for a short time will “not have to undergo medical isolation” but must strictly and fully comply with regulations on COVID-19 prevention and control, the scheme, approved plan, no contact with the community, ensuring safety for short-term entry and those in contact, no cross-contamination during work and no infection in the community. In case an immigrant plans to work and operate in many localities, it is necessary to have a clear plan for moving and be approved by the relevant locality specifically as follows:
– A negative test result for SARS-CoV-2 before entry.
– A valid certificate of international health insurance or a commitment to pay the patient’s treatment costs. Inviting units and organizations in case the entry is infected with COVID-19.
– If you have received a full dose of the COVID-19 vaccine or have been infected with SARS-CoV-2, you need to have documents certifying as prescribed.
– Present a certificate of negative SARS-CoV-2 test result.
– Present a certificate of vaccination or certificate of recovery from the COVID-19 (if any).
– Strictly comply with 5K regulations, install and use the medical declaration application (PC-COVID) during your stay in Vietnam.
– To be transported to the place of residence and moved according to the plan, the work plan under regulations.
– Separate accommodation must be arranged for people on entry at the place of residence for convenient monitoring and management.
– Arrange a separate room/area to take samples for SARS-COV-2 testing at the accommodation to collect samples for all people on entry (sampling rooms/area must be arranged separately, convenient for travel; In case it is not possible to arrange a separate room/area, samples can be taken at the guest room on arrival).
– Organization of sampling, testing SARS-COV-2 (RT-PCR technique with/RT-LAMP) at the place of stay for all entry:
+ For cases that have injected enough doses of vaccine or had recovered from COVID-19: (i) staying for less than 3 days: testing once on the first day; (ii) stay for 03 days or more: test 02 times on the first day and the third day.
+ For other cases: test 3 times on the first day, day 3, and day 7.
+ If the test result is positive for SARS-CoV-2, follow the instructions.
In addition, the person entering, the person in close contact with the person on the entry, the organization inviting the person on the entry must meet the requirements for means of transportation, at work, in meetings, and to sign under regulations.
This Decree takes effect from December 24, 2021.
On November 16, 2021, the Governor of the State Bank of Vietnam issued Circular 17/2021/TT-NHNN amending Circular 19/2016/TT-NHNN on bankcard activities.
Accordingly, the card issuer can issue debit, credit, and prepaid cards for cardholders who are individuals electronically.
To implement the above content, the card issuer must develop, issue, and publicize the process and procedures for issuing cards of individuals by electronic means by regulations necessary before entering into a card issuance and use contract with a customer to identify the customer and determine the card’s transaction limit by regulations;
– Check, compare and verify customer identification information;
– Warn customers about actions not to be taken in the process of opening and using cards issued by electronic means;
– Provide customers with card issuance and use contracts and enter into card issuance and use contracts with customers to ensure the provisions of the law on electronic transactions;
– Notify the name of the card issuer, the name or trademark of the card, the card number, the validity period of the card, the name of the cardholder, the scope and function, and the prohibitions according to regulations when using the card for customers row.
Implementation of Resolution No. 63/NQ-CP dated June 29, 2021, of the Government on key tasks and solutions to promote economic growth, disbursement of public investment, and sustainable exports in the last months of 2021 and early 2022; direction of the Prime Minister in Official Dispatch No. 8374/VPCP-KTTH dated November 15, 2021, on reviewing and reducing fees to remove difficulties for opponents affected by Covid 19, accordingly, on On December 24, 2021, the Ministry of Finance issued a Circular stipulating the rate of collection of several fees to support and remove difficulties for those affected by the Covid pandemic from January 1, 2022.
In which, there are a total of 37 fees, which are reduced from 50% to 90% compared with the fee schedule prescribed by law corresponding to each fee. Highlights of the following fees:
– Airport and aerodrome franchising fee: The fee is equal to 90% of the fee rate specified in Article 4 of Circular No. 247/2016/TT-BTC dated 11 November 2016 of the Minister of Finance stipulating the collection rate, mode of collection, payment, management and use of fees for franchising the operation of airports and aerodromes.
– Secured transaction registration fee: With a rate equal to 80% of the fee rate specified at Points a, b and d, Section 1, Fee schedule in Article 4 of Circular No. 202/2016/TT-BTC dated 09 November 2016 of the Minister of Finance stipulating the rate, collection, payment, management and use of fees in the field of secured transaction registration; and equal to 80% of the toll rate specified at Points c and dd, Section 1 of the Fee Schedule in Article 1 of Circular No. 113/2017/TT-BTC dated October 20, 2017, of the Minister of Finance amending and supplementing several articles of Circular No. 202/2016/TT-BTC.
– Fees for issuance of operation permits to send workers to work abroad for a definite term: with a rate equal to 50% of the fee rate specified in Section 1 of the fee schedule in Article 4 of Circular No. 259/2016/TT-BTC dated November 11, 2016, of the Minister of Finance stipulating the collection rate, mode of collection, payment, management and use of fees for verification of documents, fees for granting operation permits to bring workers going to work abroad for a limited time.
There are many other fees reduced to support and remove for those affected by Covid – 19 in many different fields. It can be seen that these policies have partly shown the attention and support of the Government, thereby, contributing to creating motivation for individuals, organizations, enterprises, … to soon stabilize their lives and production, and economic development.
On October 11, 2021, the Prime Minister issued Decision No. 31/2021/QD-TTg promulgating the Regulation on management, operation, and exploitation of the National Service Portal (“The Decision 31”). The Decision 31 consists of 8 chapters and 64 articles detailing principles, powers, responsibilities, methods of management, operation and exploitation of the National Public Service Portal.
Through this article, let’s learn together with Bizlawyer about new guidelines for organizations and individuals wishing to submit their complaints and petitions directly on the National Service Portal (Refer to Chapter 6 of Decision 31).
1. Ways to send complaints and petitions on the National Public Service Portal: 02 ways
– Access the National Public Service Portal, address: https://dichvucong.gov.vn, section complaints and petitions to send complaints and petitions.
– Submit complaints and petitions during the implementation of online public services on the National Public Service Portal.
2. Values of complaints and petitions
– Contents of complaints and petitions of organizations and individuals and replies of competent state agencies on the National Public Service Portal are as valid as paper documents.
– Activities and contents of receiving, coordinating, and handling complaints and petitions of receiving and handling agencies on the National Public Service Portal are as valid as paper documents.
3. Time limit for handling and responding to complaints and petitions
– The time limit for handling and replying to complaints and petitions is 15 working days from the date of receipt of complaints or petitions. Ministries, branches, and localities update the handling situation into the information system for receiving and responding to complaints and petitions for responding to organizations and individuals.
– For complaints and petitions with handling results, within 02 working days, ministries, branches, and localities shall update the results into the information system for receiving and responding to complaints and petitions for responding to organizations and individuals.
The issuance of Decision 31 has proven the efforts of the government in reforming administrative procedures and public services today. In addition, the application of modern science and technology in public administration is expected not only to improve the quality of management activities of state agencies but also to positively improve the life and work of all individuals and organizations in society.
Decision 31 will take effect from December 9, 2021.
Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!
