Legal Document Updates in English (03/2020)

4 CONDITIONS FOR IMPORTS TO BE ELIGIBLE
FOR SPECIAL PREFERENTIAL IMPORT DUTY RATES

On January 05, 2020, the Government promulgates the Decree No. 07/2020/ND-CP on Vietnam’s Special Preferential Import Tariff to implement the ASEAN - Hong Kong, China Free Trade Agreement in the period of 2019 - 2022.

Within that, goods transported to Vietnam directly from an exported country means goods transported between 02 member countries or transported through many member countries or another country other than member country.  Goods transported through many member countries or another country other than member country must meet following conditions: Transited goods are needed for geographical reasons or due to transport requirements; Goods are not involved in any commercial transaction or consumption there; Goods do not undergo any processing or manufacturing...

THE RATE OF INSURANCE
MANAGEMENT AND SUPERVISION FEE IS 0.03%
 

The Minister of Finance promulgates the Circular No. 01/2020/TT-BTC providing the rate, collection, payment, management and use of the charge of insurance management and supervision on January 03, 2020.

Specifically, the charge and fee rate for the insurance management and supervision with each insurance business organization is prescribed as follows:

First, for insurance enterprise and branch of foreign insurance enterprise in Vietnam: 0.03% of the original insurance premium (after deducting the refunds, reduction of the original insurance premium).

TO ADD 01 COMPULSORY CONTENT IN THE POLICY FRAME
FOR LAND COMPENSATION, SUPPORT AND RESETTLEMENT 

On January 03, 2020, the Government issues the Decree No. 06/2020/ND-CP on amending and supplementing Article 17 of the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, support and resettlement upon land recovery by the State.

approved by the Prime Minister; recovers land project involving many provinces and municipal cities.

One of the highlight content is the new regulation that in case of land recovery carried out for investment projects which require to build concentrated resettlement areas, the contents specified in this Clause must include land recovery areas for construction of such concentrated resettlement areas.

MONEY TRANSFER MUST BE COMPLETED
WITHIN 01 DAY AFTER RECEIVING VALID DOCUMENTS 

On December 31, 2019, the State Bank of Vietnam promulgates the Circular No. 38/2019/TT-NHNN on providing regulations on the provision of payment service without using customers’ payment accounts at public postal service providers.

appropriate account and notify the beneficiary when the money transfer order arrives.

In addition, this Circular also prescribes time limit for service users for requesting for checking, complaint is at most 60 days, from the beginning day of checked transaction. Service provider shall return money for customer and compensate for damage caused by such organization within 05 working days from the date of notifying checking and complaint results.

GOLD TRADER CHANGES BUSINESS INFORMATION
MUST AMEND THE LICENSE WITHIN 30 DAYS 

On December 27, 2019, the State Bank of Vietnam promulgates the Circular No. 29/2019/TT-NHNN on amending and supplementing a number of Articles of the Circular No. 16/2012/TT-NHNN guiding a number of articles of the Government’s Decree No. 24/2012/ND-CP of April 3, 2012, on management of gold business activities.

procedure of amendment of Gold bar trading license as regulated in this Circular.

Credit institution/enterprises shall send a dossier directly or via post service, which include: Written request of changing information of the enterprise or credit institution on the Business License and the Enterprise registration certificate.  Within 07 working days from the receiving day of the appropriate dossier, the State Bank of Vietnam shall issue the Decision on amending the Gold bar trading license.

02 YEARS OF EXTENSION FOR IMPORT LICENSE
OF CLASS B, C, D MEDICAL DEVICES

On January 01, 2020, the Government promulgates the Decree No. 03/2020/ND-CP on amending and supplementing Article 68 of the Decree No. 36/2016/ND-CP dated May 25, 2016 of Government on medical devices management which is amended and supplemented in the Decree No. 169/2018/ND-CP dated December 31, 20128 of the Government on amending and supplementing the Government’s Decree No. 36/2016/ND-CP on medical devices management.

2021 shall hold effectiveness until December 31, 2021 instead of expired in January 01, 2020 as regulated before.

In addition, medical devices that not on the list of goods subject to import licensing and have been classified as class B, C or D by a classifying organization and posted on the website of the Ministry of Health shall be allowed to be imported until the end of December 31, 2021 instead of December 31, 2019 as before. Those devices shall be imported as necessity without quantity limitation and exempt from Ministry of Health’s confirmation when carry out customs clearance procedures.

NO DISCRIMINATION BETWEEN
DOCTORS WORKING AT HIGHER LEVEL OR LOWER LEVEL 

On October 12, 2019, the Minister of Health issues the Circular No. 35/2019/TT-BYT on promulgating the scope of professional operation for medical practitioners.

Accordingly, medical practitioners mean doctors whose scope of professional operation is general medical examination and treatment shall conduct professional techniques and in case the treatment of a disease goes beyond their professional capacity - shall provide first aid, supervision, care and treatment for the patients until such patients are transferred to other medical examination and treatment establishments.

conduct medical examination and treatment of common diseases in accordance with regulations of the Joint Circular No.10/2015/TTLT-BYT-BNV dated May 27, 2015 of the Ministry of Health and the Ministry of Home Affairs.

Medical practitioners who are nurses, midwives, and technicians shall perform in accordance with their respective scope of professional operation prescribed in the Circular No. 26/2015/TTLT-BYT-BNV dated November 07, 2015 of the Ministry of Health and the Ministry of Home Affairs.

Principal of defining the scope of professional operation is no discrimination between doctors working at higher level and those working at lower level; between doctors who have recently acquired practice certificates and those who have worked for years.

THE MINISTRY OF INDUSTRY AND TRADE SHALL
INTENSIFY INSPECTION, EXAMINATION AND SUPERVISION OF C/O ISSUERS

On December 31, 2019, the Government promulgates the Resolution No. 119/NQ-CP on a number of urgent measures to intensify the state management of prevention of origin fraud and illegal goods transshipment.

to enterprises showing suspected signs of origin fraud or counterfeiting...

Besides, the Government also requires the General Department of Vietnam Customs to Monitoring data on import and export of goods, especially those on the list of goods or commodities for which Vietnam in conducting investigation for application of trade remedies.  In addition, to intensify the monitoring, inspection and identification of origin, and stepping up the management of a number of import or export commodity groups with sudden increase in turnover and tightening the checking of origin from the stage of receiving dossiers to the stage of post-clearance inspection.