Weekly legal update

EXPANSION OF SOME IMPORT LICENSES, MEDICAL DEVICE REGISTRATION NUMBER UNTIL THE END OF 2024

  • 10-03-2023
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On March 3, 2023, the Government issued Decree No. 07/2023/ND-CP ("Decree 07") amending and supplementing a number of articles of Decree No. 98/2021/ND-CP ("Decree 98") on the management of medical device ("MD") to solve several problems in the market supply. Decree 07 has some notable issues as follows:…

SUPPLEMENTATION OF SETTLEMENT SOLUTIONS FOR ENTERPRISES DELAYING PAYMENT OF SOCIAL INSURANCE

  • 10-03-2023
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In order to restrict late payment of social insurance, health insurance, and unemployment insurance ("Social Insurance"), on November 18, 2022, the Vietnam Social Insurance issued Documentary No. 3511/BHXH-TST ("Documentary 3511") providing a number of solutions to reduce the amount of late payment…

THE HEALTH INSURANCE FUND SHALL PAY FOR MEDICAL EXAMINATION AND TREATMENT SERVICES IN CASE OF TECHNICAL SERVICES USING EQUIPMENT PURCHASED AFTER NOVEMBER 5, 2022

  • 10-03-2023
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On March 4, 2023, the Government issued Resolution No. 30/NQ-CP on the solutions to ensure medicines and medical equipment ("Resolution 30"), supplementing and clarifying Resolution No. 144/NQ-CP ("Resolution 144") issued on November 5, 2022. Resolution 30 contributes to resolve difficulties in the…

STRENGTHEN THE REGULATION ON THE APPROVAL AND MANAGEMENT OF HOUSING INVESTMENT PROJECTS IN HANOI

  • 03-03-2023
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On February 23, 2023, the Hanoi People's Committee officially issued Decision No. 1186/QD-UBND ("Decision 1186") promulgating the Hanoi housing development plan for the period of 2021 – 2025  to detail the approved housing development objectives and solutions and manage the list of housing construction…

GUIDELINES ON TAX REFUND FOR BUSINESS ESTABLISHMENTS HAVING THEIR VALUE-ADDED TAX OF INVESTMENT PROJECTS REVOKED

  • 03-03-2023
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On July 29, 2022, the Government issued Decree No. 49/2022/ND-CP (“Decree 49”) amending and supplementing a number of articles of Decree No. 209/2013/ND-CP guiding on the implementation of the Law on Value Added Tax (“VAT”). Accordingly, Decree 49 expands the scope of investment projects eligible for…

RANDOMLY ASSIGNING JUDGES TO ENSURE OBJECTIVITY AND FAIRNESS OF THE LITIGATION

  • 03-03-2023
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In order to ensure objectivity and fairness of the litigation, one of the fundamental procedural rules is to guarantee the impartiality of the competent proceeding officers. The Civil Procedure Code, the Criminal Procedure Code and the Law on Administrative Procedure all recognize this rule. On that…

EXCLUSIVE MECHANISM IN KHANH HOA: THE REPURPOSING OF PADDY LAND UNDER 500 HA SHALL BE DECIDED BY THE PROVINCIAL PEOPLE'S COUNCIL

  • 03-03-2023
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On June 16, 2022, the National Assembly issued Resolution No. 55/2022/QH15 ("Resolution 55") on piloting a number of exclusive mechanisms and policies for the development of Khanh Hoa province, especially in land management activities. Accordingly, the People's Council of Khanh Hoa province shall decide…

TABLES AND CHAIRS IMPORTED FROM CHINA ARE OFFICIALLY SUBJECT TO ANTI-DUMPING DUTY

  • 24-02-2023
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On February 13, 2023, the Minister of Industry and Trade Ministry issued Decision No. 235/QD-BCT ("Decision 235") applying officially the anti-dumping measures to some table and chair products from the People's Republic of China and ending the investigation into the application of anti-dumping measures…

MORE POLICIES FOR PROTECTION OF EMPLOYEES' RIGHTS SHALL BE ADOPTED IN THE UPCOMING TIME

  • 24-02-2023
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On February 20, 2023, the Government Office issued Notice No. 37/TB-VPCP ("Notice 37") summarizing the conclusions of the Prime Minister at the Conference on evaluating the implementation of regulations on the working relationship between the Government and the Vietnam General Confederation of Labor…

SHALL THE LAND USE RIGHT BE CONSIDERED TO BE GRANTED TO ANOTHER PERSON IF IT IS ENCROACHED BY SUCH PERSON UNDER THE AWARENESS OF THE LEGITIMATE LAND USER WITHOUT OBJECTION

  • 24-02-2023
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On February 15, 2023, the Supreme People's Procuracy ("SPP") issued Documentary 443/VKSTC-V9 ("Documentary 443") clarifying problems in prosecuting the settlement of civil, marriage, and family cases. The guidelines of the Supreme People's Procuracy have set out several directions for applying regulations…

PREVENTIVE HEALTHCARE OFFICIALS AND GRASSROOTS HEALTHCARE OFFICIALS SHALL BE SUBJECT TO 100% ALLOWANCE IN 2022 AND 2023

  • 24-02-2023
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On February 15, 2023, the Government issued Decree No. 05/2023/ND-CP ("Decree 05") supplementing regulations related to professional allowances for civil servants and officials working at public healthcare establishment in Decree No. 56/2011/ND-CP ("Decree 56"). Specifically: Supplementation of a new…

SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOUR – INVALIDS AND SOCIAL AFFAIRS

  • 24-02-2023
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On February 13, 2023, the Government issued Decree No. 04/2023/ND-CP ("Decree 04") amending and supplementing a number of articles of Decrees related to business investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs ("MOLISA")…

WHETHER EVN AUTOMATICALLY ALLOWED TO INCREASE THE AVARAGE ELECTRICITY RETAIL PRICE BASED ON THE NEW AVARAGE PRICE FRAMEWORK?

  • 17-02-2023
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On February 3, 2023, the Prime Minister issued Decision No. 02/2023/QD-TTg ("Decision 02") stipulating the framework for average electricity retail price applicable to organizations and individuals participating in electricity activities and electricity usage. Decision 02 replaces Decision No. 34/2017/QD-TTg…

SUPPLEMENT OCCUPATIONAL COVID-19 TO THE LIST OF OCCUPATIONAL DISEASES ENTITLE FOR SOCIAL INSURANCE

  • 17-02-2023
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On February 9, 2023, the Ministry of Health issued Circular No. 02/2023/TT-BYT ("Circular 02") amending and supplementing a number of articles of Circular No. 15/2016/TT-BYT dated May 15, 2016 ON occupational diseases entitled to social insurance. Accordingly, occupational COVID-19 is additionally considered…

NATIONAL COMPETITION COMMISSION SHALL OFFICIALLY REPLACE THE COMPETITION COUNCIL AND THE COMPETITION AND CONSUMER AUTHORITY FROM APRIL 1, 2023

  • 17-02-2023
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The Vietnam National Competition Commission ("VNCC") is a focal point under the Ministry of Industry and Trade, established upon the reorganization of the Vietnam Competition and Customer Authority ("VCCA"), the Vietnam Competition Council ("VCC") and its Office. Pursuant to Decree No. 03/2023/ND-CP…