Legal news 07/2023
NEW LEGAL DOCUMENTS ISSUED IN JULY 2023
|No||Policy||Contents||Name of Document||Effective date|
|1.||08 cases of revocation of vehicle registration certificates and number plates||On July 1, 2023, the Minister of Public Securities issued the Circular 24/2023/TT-BCA providing for the issuance and revocation of vehicle registration and number plates of motor vehicles, in which there are 08 cases of revocation including:
(i) The vehicle is unusable or destroyed due to objective reasons.
(ii) The use term of vehicle has expired and is not allowed to be used in accordance with the law.
(iii) The vehicle is stolen, misappropriated or cannot be found or the vehicle is discarded. The vehicle owner requests to revoke the vehicle registration certificate and number plate.
(iv) Tax-free imported vehicles or vehicles temporarily imported by foreign agencies, organizations or individuals for re-export, transfer of ownership or destruction.
(v) Vehicles registered in economic zones according to regulations of the Government upon re-export or transfer into Vietnam.
(vi) Vehicles that are in the procedures transfer registration.
(vii) The vehicle with engine and frame removed to register another vehicle.
(viii) Vehicles that have been registered but vehicle records are detected to be fake or a vehicle with a conclusion from a competent authority that the engine number and chassis number have been cut, welded, chiseled, erased or issued with an incorrect number plate.
|Circular No. 24/2023/TT-BCA of the Ministry of Public Securities||August 15, 2023|
Regulations on the order of organizing auctions in the online form
|On July 3, 2023, the Government issued Decree 47/2023/ND-CP amending Decree 62/2017/ND-CP guiding the Law on Property Auction. The most prominent is amending the regulations on the order of organizing the auction in the form of online auction (formerly known as the order of conducting the auction in the form of online auction) in Article 10 of Decree 62/2017/ The ND-CP as follows:
(i) An asset auction organization, an asset auction council, an organization in which the State owns 100% of the charter capital, established by the Government to deal with bad debts of a credit institution, shall publish the Regulations of the auction, Public announcement of the auction;
Attached is a list of assets, images and documents related to the property (if any) on the online auction information page.
(ii) Auction participants view auctioned assets online or view assets in person according to the Auction Regulations; Register to participate in the auction on the Online Auction Information Portal.
(iii) Auction participants who purchase bidding documents will be granted an account to access through their registered email address.
(iv) Auction participants use the access account for instructions on:
– How to submit an application to participate in the online auction;
– Deposit reservation through online payment methods;
– How to participate in auctions and bids;
– Other necessary contents when participating in the Online Auction Information Portal.
(v) Auction participants submitting an application to participate in the auction and a valid deposit will be able to use the access account to participate in the auction in accordance with the Regulations.
(vi) Those who are eligible to participate but do not access the account that has been granted to participate in bidding according to the time specified in the Auction Regulations will be deemed not to participate in the auction specified at Point a, Clause 6, Article 39 Law on Property Auction, except for force majeure cases.
(vii) Bidding time in an auction is agreed upon by the asset auction organization with the property owner, but must be at least 15 minutes.
(viii) An asset auction organization that assigns an auctioneer, an asset auction council, an organization in which the State owns 100% of the charter capital, established by the Government to deal with bad debts of the allocated credit institution; member of the auction operator on the Online Auction Information Portal.
At the end of the auction, the determination of the auction winner is as follows:
– In case the bidding is done by bidding up method, the auction winner will be the one with the highest bid recorded by the auction network system;
– In case the bidding is done bidding down method, the auction winner is the first to accept the starting price or the reduced price recorded by the asset auction network system.
Auction winners are announced on the online auction network right after the auction ends
|Decree 47/2023/ND-CP of the Government||September 01, 2023
Procedures for issuance of licenses to export and import explosive fireworks
|On July 24, 2023, the Government issued Decree 56/2023/ND-CP amending and supplementing a number of articles of Decree 96/2016 dated July 1, 2016 stipulating conditions on security and order for a number of conditional business lines, Decree No. 99/2016/ND-CP dated July 1, 2016 on management and use of seals, Decree No. 137/2020/ND-CP dated November 27, 2020 regulates the management and use of firecrackers. Accordingly, related to procedures for granting licenses to export and import explosives, there are the following amendments and supplements:
Procedures for issuance of licenses to export and import explosive fireworks, explosives and explosive fireworks equipment and accessories, including:
(i) A written request clearly stating the name and address of the organization or enterprise under the Ministry of National Defense; business code; number and date of issuance of the certificate of satisfaction of security and order conditions; full name, position, number of citizen identification, identity card or passport of the legal representative; types and quantities of explosive fireworks, explosives and explosive pyrotechnic equipment and accessories; means of transport, number plates; import and export border gates according to the form specified in Appendix VI issued together with Decree 137/2020/ND-CP
(ii) The document specified at point a, clause 4 shall be submitted on the national public service portal, the public service portal of the Ministry of Public Security or sent by post to the Police Department for administrative management of social order, the Ministry of Public Security, and the Ministry of Public Security.
In case the organization or enterprise directly submits a written request to the Police Department for administrative management of social order, the written request must add full name, number of citizen identification, identity card or passport of the contact person;
(iii) Within 03 working days from the date of receipt of the written request, the Police Department for administrative management of social order and the Ministry of Public Security shall issue an import or export license using the form specified in Appendix I issued together with Decree 137/2020/ND-CP; in case of refusal to grant, it is required to reply in writing and clearly state the reason.
The import and export license is valid for 60 days
|Decree 56/2023/ND-CP of the Government||August 15, 2023|
|LABOR – SALARY – INSURANCE|
Regulations on cases to withdraw retirement insurance account in advance
|On July 1, 2023, the Government issued Decree No. 46/2023/ND-CP detailing the implementation of a number of articles of the Law on insurance business, including the cases to withdraw retirement insurance account in advance. Specifically:
According to the provisions of Article 119 of Decree 46/2023/ND-CP, the insured is entitled to request early withdrawal and the insurance enterprise is responsible for paying part or all of the value of the retirement insurance account if it belongs to one of the following cases:
(i) The Insured suffers from a working capacity decrease of 61% or more in accordance with current law.
(ii) The Insured suffers from a fatal disease as prescribed by law.
(iii) The Insured is a Vietnamese citizen who is authorized by the competent authority to legally reside in a foreign country.
(iv) The Insured is entitled to withdraw from the retirement account in advance to pay personal loans (except for consumer loans) at the bank, provided that the loan contract must be valid for at least 24 months before retirement account withdrawal.
|Decree 46/2023/ND-CP of the Government||July 01, 2023|
Adjustment of pension, social insurance allowance and monthly allowance
|On June 29, 2023, the Government issued the Decree 42/2023/ND-CP adjusting pensions, social insurance allowances and monthly allowances.
Accordingly, the pension, social insurance allowance and monthly allowance will be increased from 12.5% to 20.8% from July 1, 2023 for the following subjects:
(i) Cadres, civil servants, workers, public employees and employees, military personnel, people’s police and cipher workers who are enjoying a monthly pension.
(ii) Commune, ward and township officials specified in Decree 92/2009/ND-CP, Decree 34/2019/ND-CP, Decree 121/2003/ND-CP and Decree 09/1998/ Decree-CP amending and supplementing Decree 50/CP dated July 26, 1995.
(iii) Persons who are receiving monthly allowance for loss of working capacity as prescribed by law; people who are receiving monthly allowance under Decision 91/2000/QD-TTg, Decision 613/QD-TTg, rubber workers receiving monthly allowance under Decision 206-CP dated May 30, 1979.
(iv) Officials of communes, wards and townships who are receiving monthly allowances according to Decision 130-CP dated June 20, 1975 and Decision 111-HDBT dated October 13, 1981.
(v) Military personnel who are enjoying monthly allowance under Decision 142/2008/QD-TTg (amended and supplemented by Decision 38/2010/QD-TTg).
(vi) People’s Public Security officers who are receiving monthly allowance under Decision 53/2010/QD-TTg.
(vii) Military personnel, people’s police officers, people doing cipher work who are receiving salary like soldiers and people’s police officers who are receiving monthly allowance according to Decision 62/2011/QD-TTg.
(viii) Persons who are receiving monthly labor accident and occupational disease allowance.
(ix) Persons receiving monthly survivorship allowance before January 1, 1995.
The subjects specified at Points a, b, c, d, dd, e and g, Clause 1, Article 1 of Decree 42/2023/ND-CP who retired and enjoyed pensions, social insurance allowances, monthly allowances before January 1, 1995, after making adjustments according to regulations, will have monthly pension, social insurance allowance or allowance of less than VND 3,000,000/month
Adjustment of pension and social insurance allowance from July 1, 2023
Accordingly, from July 1, 2023, the pension, social insurance allowance and monthly allowance will be adjusted as follows:
(i) Increase by 12.5% on pension, social insurance allowance and monthly allowance of June 2023 for the those specified in Clause 1, Article 1 of Decree 42/2023/ND-CP has been adjusted according to Decree 108/2021/ND-CP.
(ii) An increase of 20.8% on the pension, social insurance allowance and monthly allowance of June 2023 for the those specified in Clause 1, Article 1 of Decree 42/2023/ND- Shares have not been adjusted according to Decree 108/2021/ND-CP
(iii) From July 1, 2023, the those specified in Clause 2, Article 1 of Decree No. 42/2023/ND-CP, who, after adjustment, have a lower benefit level of 3,000,000 VND/month, shall be further increased as follows:
(iv) An increase of 300,000 VND/person/month for those with less than 2,700,000 VND/person/month;
(v) Increase to 3,000,000 VND/person/month for those who earn from 2,700,000 VND/person/month to less than 3,000,000 VND/person/month
|Decree 42/2023/ND-CP of the Government||July 01, 2023
|TAX – FEE – CHARGE|
Decrease of value added tax
|On June 30, 2023, the Government issued Decree 44/2023/ND-CP stipulating the value-added tax reduction policy under Resolution 101/2023/QH15.
Accordingly, the VAT reduction applied from July 1, 2023 to the end of December 31, 2023 according to Decree 44/2023/ND-CP is as follows: Business establishments calculate value-added tax by the method deduction is subject to the value-added tax rate of 8% for goods and services currently subject to the 10% tax rate, except for the following groups of goods and services.
(i) Telecommunications, financial activities, banking, securities, insurance, real estate trading, metals and prefabricated metal products, mining products (excluding coal mining), coal coke, refined petroleum, chemical products. Details are in Appendix I issued together with Decree 44/2023/ND-CP.
(ii) Products and services subject to excise tax. Details are in Appendix II issued together with Decree 44/2023/ND-CP.
(iii) Information technology in accordance with the law on information technology. Details are in Appendix III issued together with Decree 44/2023/ND-CP.
(iv) The value-added tax reduction for each type of goods and services specified in Clause 1, Article 1 of Decree 44/2023/ND-CP is uniformly applied at the stages of import, production and processing, commercial business
For the sold coal products (including the case of coal mined and then screened, classified according to a closed process, then sold) subject to value-added tax reduction. Coal products listed in Appendix I issued together with Decree 44/2023/ND-CP are not eligible for value-added tax reduction at stages other than mining and sale.
Corporations and economic groups that carry out a closed process to sell are also subject to value-added tax reduction for sold coal products.
In case goods and services mentioned in Appendices I, II and III issued together with Decree 44/2023/ND-CP are not subject to value-added tax or subject to value-added tax 5% in accordance with the Law on Value-Added Tax shall comply with the provisions of the Law on Value-Added Tax and shall not be entitled to a reduction in value-added tax.
Business establishments (including business households and business individuals) that calculate value-added tax by the method of percentage on turnover are entitled to a reduction of 20% of the percentage rate to calculate value-added tax when implementing issue invoices for goods and services eligible for value-added tax reduction specified in Clause 1, Article 1 of Decree 44/2023/ND-CP
|Decree 44/2023/ND-CP of the Government||Valid from July 01, 2023 to the end of December 31, 2023|
NEW NOTICEABLE LEGAL DOCUMENTS
|Document Type||No.||Date of issue||Content||Effective Date|
|Decree||56/2023/ND-CP||July 07, 2023||Providing for security and order of conditional business lines||August 15, 2023|
|Decree||47/2023/ND-CP||July 03, 2023||Guidelines for law on property auction||September 01, 2023|
|Decree||46/2023/ND-CP||July 01, 2023||Guidelines for Law on insurance business||July 01, 2023|
|Decision||886/QD-TTg||July 24, 2023||Plan policies, solutions and resources for the implementation of comprehensive planning for the development of Vietnam’s seaport system in the 2021 – 2030 period, with a vision to 2050||July 24, 2023|
|MINISTRY OF EDUCATION AND TRAINING|
|Circular||14/2023/TT-BGDDT||July 17, 2023||Promulgation of regulation on standards for libraries of higher education institutions||July 01, 2023|
|MINISTRY OF TRANSPORTATION|
|Circular||23/2023/TT-BGTVT||July 17, 2023||Regulation on characteristics of labor regime and labor discipline of airline staff||November 01, 2023|
|MINISTRY OF FINANCE|
|Circular||50/2023/TT-BTC||July 17, 2023||Guidelines for the definition of demand, source, and modality to spend to implement adjusted statutory pay rate under Decree No. 24/2023/ND-CP and adjusted monthly benefits for retired commune officials under Decree No. 42/2023/ND-CP||August 31, 2023|
|Circular||51/2023/TT-BTC||July 17, 2023||Guidelines for drafting the state budget estimates in 2024, the plane of finance – state budget in 03 years from 2024 to 2026||August 31, 2023|
|MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT|
|Circular||04/2023/TT-BTNMT||July 06, 2023||Regulation on stopping a number of Articles of Circular No. 02/2022/TT-BTNMT regulation to guide Law on Environment Protection||July 06, 2023|
|MINISTRY OF PUBLIC SECURITIES|
|Circular||24/2023/TT-BCA||July 01, 2023||Regulations on revocation of vehicle registration certificates and number plates||August 15, 2023|