VIETNAM LEGAL NEWS JUNE 2021

In June 2021, a number of new legal instruments were released and went into effect, including:

- Decree No. 43/2021/ND-CP dated March 31, 2021, on National Insurance Database;

- Decree No. 38/2021/ND-CP dated March 29, 2021, on prescribing penalties for administrative violations involving cultural and advertising activities;

- Decree No. 23/2021/ND-CP dated March 19, 2021, on prescribing details of clause 3 of Article 37 and Article 39 in the Employment Law on employment service centers and businesses;

- Decision No. 1357/QD-TCHQ dated May 18, 2021, on issuance of code schedule of import, export format, and use instruction thereof;

- Circular No. 27/2021/TT-BTC dated April 19, 2021 on the amendment to Circular No. 19/2014/TT-BTC on procedures for temporary import, re-export, disposal, and transfer of automobiles, motorized bicycles of beneficiaries of privileges and immunities in Vietnam;

- Circular No. 13/2021/TT-BGDDT dated April 15, 2021, on conditions and procedures for and competence in recognition of degrees awarded by foreign educational institutions for use in Vietnam;

The highlights of certain new legal papers that will take effect in June 2021 are as follows:

1. Decree No. 43/2021/ND-CP dated March 31, 2021, on National Insurance Database.

Agencies, organizations, and individuals are authorized to exploit and use their information, according to the National Insurance database; personal information of another person is authorized to be exploited and used provided that person consents in accordance with the legislation.

Furthermore, subjects who are permitted to use and use data from the national insurance database to assist state management, such as:

- Vietnam Social Insurance (for specialized professional activities);

- Ministry of Labour, War Invalids, and Social Affairs (for the management of social insurance, employment, and social security);

- Ministry of Health (for the management of the health sector, including information and data on health insurance);

- Government Office (to assist the Prime Minister and the Government in their direction and administration);

- Ministry of Information and Communications (in conjunction with other data sources to generate extra information for the goal of advising and assisting policy development in e-Government and digital government);

- Ministry of Public Security and Ministry of National Defense (providing security and defense management);

- State management agencies, based on their functions and responsibilities, exploit and use data for state management operations in their areas of expertise.

2. Decree No. 38/2021/ND-CP dated March 29, 2021, on prescribing penalties for administrative violations involving cultural and advertising activities.

The sale of karaoke after 12 a.m. is punishable by a fine of up to 30 million VND. Decree 38/2021/ND-CP, which stipulates penalties for administrative infractions in the realm of culture and advertising, contains this important text.

Accordingly, a karaoke service business organization that performs one of the following acts will be fined between 20 and 30 million dong:

- Business services outside the hours of 8 to 24 hours per day;

- Change the content of the license by repairing, erasing, or adding to qualify for karaoke service business.

In addition, if one of the following actions is broken, a fine of 30 to 40 million VND is imposed:

- The karaoke service firm does not maintain the required area;

- Inside the theater room, secure the door latch.

- Installing alarm devices at service business locations, save for fire alarm equipment;

- The image is not guaranteed to match the lyrics displayed on the screen (or in a similar format) or the culture, ethics, fine customs, and traditions of the Vietnamese people in the theater room;

- Do not change the number of rooms or the owner of the business eligibility license.

3. Decree No. 23/2021/ND-CP dated March 19, 2021, on prescribing details of clause 3 of Article 37 and Article 39 in the Employment Law on employment service centers and businesses.

The following are the exact requirements for creating an employment service center:

- In terms of employment, having the objectives, functions, and tasks of providing public non-business services.

- In accordance with the network of employment service centers' planning, which has been approved by competent authorities.

- Possessing a functioning office or a land allocation strategy for the construction of an office that has already been approved by a competent body (in case of building a new office).

- Possessing the necessary equipment to carry out the activities outlined in Article 7 of this Decree in conformity with standards and rules for specialized machinery and equipment established by competent authorities.

- At least 15 persons are employed as members.

- In accordance with the law, the formed competent agency shall secure funding for public non-business service operations.

The government's regulations on the establishment, restructuring, and dissolution of public non-business units are followed in the order, methods, and dossiers for establishing employment service centers.

4. Decision No. 1357/QD-TCHQ dated May 18, 2021, on the issuance of code schedule of import, export format, and use instruction thereof.

Some changes have been made to the code table of export and import types, for example:

- There are 16 type codes for export and 24 type codes for import.

- For the export type's code table:

+ Add code C12 (Goods from bonded warehouses to foreign countries) to the list.

+ Code E56 (Exporting processed products for domestic delivery) should be abolished.

+ Change the user manual content for codes B11, B12, B13, E52, E62, E82, G23, G61, C22, and H21.

- For the table of import codes:

+ Add codes A43 (Import of products under the tax incentive program) and A44 (Temporary import of products sold at duty-free stores) to your list of codes.

+ Add codes A11, A12, A31, A41, A42, E13, E15, E21, E41, G12, G13, G14, G51, C11, C21, and H11 to the user manual.

5. Circular No. 27/2021/TT-BTC dated April 19, 2021, on the amendment to Circular No. 19/2014/TT-BTC on procedures for temporary import, re-export, disposal, and transfer of automobiles, motorized bicycles of beneficiaries of privileges and immunities in Vietnam.

The following are the procedures for temporary import of the most recent vehicles and motorcycles:

- Implement at the Customs Sub-Department at the border gate.

- The Customs Sub-Department in charge of temporary import operations is in charge of verifying and comparing information on temporary import papers and customs declarations with the real products.

An adjustment shall be made if the imported items differ from the contents of the temporary import paper; the time limit for adjustment shall not exceed 05 working days from the day the province or city's Customs Department receives all information and dossiers;

- When a certificate of quality, technical safety, and environmental protection for imported motor vehicles/motorcycles and motorcycles is available and customs clearance has been completed, the Sub-department of Customs that handles temporary import procedures will only grant customs clearance for temporarily imported vehicles.

- The head of the Customs Sub-Department where the temporary import processes are carried out must certify the outcomes of the operations in 02 copies of the temporary import documents for vehicles and motorcycles and return one copy to the customs declarant;

The Customs Sub-department will certify clearance on three declarations if paper customs procedures are followed:

+ Return to the declarant 01 customs declaration with clearance and 01 customs declaration with the stamp "used for the re-export, transfer, or destruction of automobiles and motorcycles in line with the law."

+ Make a customs declaration and save it.

6. Circular No. 13/2021/TT-BGDDT dated April 15, 2021, on conditions and procedures for and competence in recognition of degrees awarded by foreign educational institutions for use in Vietnam.

Learners' certificates produced by international educational institutions are accepted for use in Vietnam without the need to go through the formal recognition procedures, which include:

- Diplomas from international educational institutions that fall under the scope of:

+ Agreements or understandings on degree equivalency or diploma mutual recognition;

+ Or international treaties relating to diplomas that the Socialist Republic of Vietnam has signed and the Ministry of Education and Training has notified.

- Diplomas granted by foreign educational institutions to learners sent to study on the State budget by the Ministry of Education and Training.

- Since July 1, 2019, international educational institutions' diplomas awarded to learners participating in collaborative training programs with foreign countries in Vietnam have been accepted.

Above, Doanh Tri Law Firm has brought to you the Vietnam Legal News June 2021. In case you have any questions, do not hesitate to contact us through the following forms:

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