Legal Document Updates in English (25/2022)

FROM JULY 11, THE ENVIRONMENTAL PROTECTION TAX FOR PETROL
IS REDUCED TO VND 1,000/LITER

On July 06, 2022, the National Assembly Standing Committee issues the Resolution No. 20/2022/UBTVQH15 on the environmental protection tax rates imposed on petrol, oil and grease.

Accordingly, the environmental protection tax rates imposed on petrol, oil and grease applicable from July 11, 2022 until the end of December 31, 2022 shall be as follows: VND 1,000/liter for petrol, except for ethanol; VND 1,000/liter for jet fuel; VND 500/liter for diesel oil; VND 300/liter for kerosene, fuel oil

and lubricant oil; VND 300/kg for grease.

Besides, from January 01, 2023, the environmental protection tax rates imposed on petrol, oil and grease shall comply with Section I, Clause 1, Article 1 of the Resolution No. 579/2018/UBTVQH14 dated September 26, 2018 of the National Assembly Standing Committee on the Environmental Protection Tariffs.

This Resolution takes effect on July 11, 2022.

VIETNAMESE WORKERS SHALL BE LENT UP TO VND 100 MILLION TO GO TO WORK IN KOREA

This content is prescribed in the Government’s Resolution No. 83/NQ-CP dated July 08, 2022, on making deposits and providing loan support to make deposits for migrant workers in South Korea under Korea's Employment Permit System.

In accordance with this Resolution, workers who are entitled to borrow capital from the Vietnam Bank for Social Policies to work abroad under contracts and have the demand for a loan to work in Korea under the Agreement on sending and receiving Vietnamese workers in Korea's Employment Permit System shall be lent up to VND 100 million to deposit at the Vietnam Bank for Social Policies without making loan guarantees.

For the cases where deposits are made before January 01, 2022, but the workers arbitrarily and illegally

overstay abroad after terminating their labor contracts, such deposits shall be remitted to the State budgets of the provinces where the workers registered as their permanent residence places before going to work in Korea. The workers making deposits from January 01, 2022, who are administratively sanctioned due to arbitrarily and illegally overstaying in Korea after terminating their labor contracts and refuse to voluntarily comply with decisions on sanctioning administrative violations, shall be subject to enforcement of sanctioning decision under Articles 86 and 87 of the Law on Handling of Administrative Violations, and Article 44 of the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations.

This Resolution takes effect from the signing date.

INDICATIONS FOR SURROGACY MUST BE CAREFULLY REVIEWED AND SIGNED

On July 12, 2022, the Ministry of Health issues the Official Dispatch No. 3704/BYT-BM-TE on strengthening prevention of law violations on IVF and AS.

Accordingly, the Ministry of Health requests Health Departments of provinces and cities; the Military Medical Department under the Ministry of National Defence; Health agencies of ministries and branches; hospitals affiliated to the Ministry of Health to direct establishments that are permitted to perform in vitro fertilization (IVF) and altruistic surrogacy (AS) to review, complete the process of preventing sperm/ovum/embryo mistake and disseminate it to all staff. Establishments that are permitted to perform IVF and AS are encouraged to sign contracts with law firms on legal consultancy, in which terms to bind responsibilities for legal consultancy must be fully included.

Also in accordance with this Official Dispatch, the Ministry of Health encourages establishments that are permitted to perform IVF and AS to invest and use software to manage cases of sperm/ovum/embryo donation or receipt, IVF and AS. Patients and gametes are identified not only by personal papers but also by modern biometric identification techniques such as face photography, fingerprints, irises in order to prevent mistakes or exchanges due to the use of fake documents. Semen and blood samples should be stored for later comparisons.

Especially, indications for surrogacy must be carefully reviewed and signed by hospital leaders; and the semen sample collecting procedure should include the content of control to ensure that the sperm sample is taken on the right person and at the hospitals, which prevents the exchange of semen samples brought in from outside.

MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS
MUST MAKE E-PRESCRIPTIONS BEFORE JUNE 30, 2023

The Circular No. 04/2022/TT-BYT amending and supplementing a number of articles of the Minister of Health’s Circular No. 52/2017/TT-BYT dated December 29, 2017, Circular No. 18/2018/TT-BYT dated August 22, 2018, amending and supplementing a number of articles of Circular No. 52/2017/TT-BYT, providing for prescription of modern drugs and bio-logical in outpatient treatment and the Minister of Health’s Circular No. 27/2021/TT-BYT dated December 20, 2021, providing regulations on prescribing drugs in electronic form is issued on  July 12, 2022 by the Ministry of Health.

In accordance with this Circular, medical examination and treatment establishments must make e-prescriptions according to the specific roadmap as follows:

For hospitals of level 3 and higher: Completion before December 31, 2022;

For other medical examination and treatment establishments: Completion before June 30, 2023.

As in previous regulations, such completion deadlines are before June 30, 2022 and December 01, 2022, respectively.

This Circular takes effect from September 15, 2022.

LIST OF VIETNAM’S 34 SEAPORTS

On July 08, 2022, the Prime Minister issues the Decision No. 804/QD-TTg promulgating the List of Vietnam’s seaports.

Accordingly, promulgate together with this Decision the List of Vietnam’s seaports with 34 seaports. Specifically, 2 special seaports include Hai Phong seaport and Ba Ria - Vung Tau seaport.

A number of type-I seaports include Quang Ninh seaport, Thanh Hoa seaport, Nghe An seaport, Ha Tinh seaport, Da Nang seaport, Quang Ngai seaport, Binh Dinh seaport,

Khanh Hoa seaport, Ho Chi Minh City seaport, Dong Nai seaport, etc.

Quang Binh seaport, Quang Tri seaport, Thua Thien-Hue seaport, Binh Thuan seaport, Dong Thap seaport, Hau Giang seaport, Tra Vinh seaport, etc. are type-II seaports. Nam Dinh seaport, Thai Binh seaport, Binh Duong seaport, Long An seaport, Tien Giang seaport, Ben Tre seaport, Soc Trang seaport, An Giang seaport, Vinh Long seaport, Ca Mau seaport, Kien Giang seaport, etc. are type-III seaports.

This Decision takes effect on the date of its signing.