Under Circular 23/2017/TT-BLDTBXH of the Ministry of Labour, War Invalids and Social Affairs, as from 2 October 2017, the application dossier for approval for demand for employment of foreign workers; issuance and re-issuance of work permit, certificate of foreign workers eligible for work permit exemption in Vietnam will be conducted via online network through the portal service.
On 6 February 2017, the Ministry of Finance issued Circular No. 10/2017/TT-BTC (“Circular 10”) amending and supplementing some articles of Circular No. 234/2012/TT-BTC guiding the management of trading Government bonds, Government guaranteed bonds and local Government bonds (“Government Bonds”). Circular 10 contains many new contents, of which the most prominent one is the permission to borrow Government Bonds for sale.
On 14 August 2017, the State Bank of Vietnam issued Circular No. 09/2017/TT-NHNN (“Circular 09”) amending Circular No. 19/2013/TT-NHNN (“Circular 19”) on trading and settling bad debts of credit organizations by Vietnam Asset Management Company (“VAMC”).
The new regulations on the seal in the 2014 Law on Enterprises giving the enterprise more liberty at creating the seal has helped the enterprise be more active in making its own seal with specific characteristics and differences compared to other enterprises.
Inorganic or mixed mineral fertilizer products (DAP and MAP) of eight (8) HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; and 3105.90.00 have been added to the list of goods subject to provisional safeguard measures under Decision No. 3044/QD-BCT dated 4 August 2017 (“Decision 3044”) of the Ministry of Industry and Trade.
On 10 August 2017, the Government promulgated Decree 94/2017/ND-CP on goods, services, areas under the State monopoly in commercial activities (“Decree 94”).
On 1 August 2017, the Ministry of Finance promulgated Circular No.79/2017/TT-BTC ("Circular 79") amending and supplementing Item b1, Point b, Clause 4, Article 48 of Circular No. 156/2013/TT-BTC ("Circular 156") guiding the implementation of some articles of the Law on Tax Administration.
On 21 June 2017, at the 3rd session of Legislature XIV, the National Assembly officially passed Resolution No. 42/2017/QH14 on pilot settlement of bad debts of credit institutions ("Resolution 42"). This is apparently a positive signal for Vietnam’s banking sector, given that the amount of bad debts, amount of implicit debt risk and amount of debt sold to Vietnam Asset Management Company currently unhandled account for 10.08% of the total outstanding loans of the banking sector (equivalent to about VND 600,000 billion, according to statistics reported by the Governor of the State Bank to the National Assembly, as at 31 December 2016).
On 4 July 2017, the Vietnamese Government issued Resolution No. 59/NQ-CP on simplifying administrative procedures under the management function of the State Bank of Vietnam (“Resolution 59”) together with the simplification plan for the implementation by the relevant competent agencies (“Plan”).
On 19 June 2017, the Law on Technology Transfer No. 07/2017/QH14 was officially approved by the National Assembly (“2017 Law”). The 2017 Law will take effect on 1 July 2018 and replace to the Law on Technology Transfer No. 80/2006/QH11 (“2006 Law”).
On 19 July 2017, the Supreme People’s Court promulgated official Dispatch No. 152/TANDTC-PC (“Dispatch 152”) guiding settlement of disputes on credit contracts and handling of bad debts.
1980 Vienna Convention of the United Nations on Contracts for the International Sale of Goods (CISG) comes into force in Vietnam on 1 January 2017, opening quite a few opportunities and advantages for enterprises when they conduct international transactions.
With its “open” policies in the field of investment together with a large potential market, Vietnam has attracted many foreign investors in the world (“Foreign Investors”) to come and invest in business. In order to conduct their business, one of the options that the Foreign Investors choose to enter the Vietnamese market is the acquisition of a whole 100% shares, capital contributions (“Charter Capital”) in a target company which has been established in Vietnam (“the Company”).
On 12 June 2017, the National Assembly of Vietnam passed the Foreign Trade Management Law No. 05/2017/QH14 (the “Foreign Trade Management Law”).
On 12 June 2017, the Law on Supporting small and medium enterprises No.04/2017/QH14 was officially approved by the National Assembly (the “Law”).
On 11 July 2017, the Supreme People’s Court issued Official Letter No. 146/TANDTC-PC providing regulations on referring, applying precedents in trial.
On 15 May 2017, the Ministry of Finance (“MOF”) issued Circular 50/2017/TT-BTC (“Circular 50”) guiding the implementation of Decree 73/2016/ND-CP dated 1 July 2016 detailing the implementation of the Law on Insurance Business and the Law amending a number of articles of the Law on Insurance Business.
On 1 June 2017, Vietnam Social Insurance (“VSI”) promulgated official letter No. 2159/BHXH-BT guiding the rates of premium to be paid to the occupational accident and disease insurance fund and the collection of social insurance, health insurance, unemployment insurance, occupational accident and disease insurance according to the new basic salary as follows:
On 22 May 2017, the Ministry of Transportation promulgated Circular No. 16/2017/TT-BGTVT (“Circular 16”) guiding the routes for transportation of goods in transit through the Vietnamese territory, replacing Circular No. 15/2014/TT-BGTVT (“Circular 15”) dated 13 May 2014 guiding the routes for transportation of goods in transit through the Vietnamese territory and Circular No. 17/2015/TT-BGTVT dated 14 May 2015 amending and supplementing Circular 15 (“Circular 17”).
According to a report of the Foreign Investment Department, in the first five (05) months of 2017, the total of new, increased registered capital and share contribution by the foreign investors was USD 12.13 billion, up 10.4% over the same period in 2016. This is a joyful sign demonstrating that Vietnam's economic market is flourishing, attracting a lot of attention from foreign investors (“Foreign Investors”). However, in addition to the achieved results, the process and procedures for investment into Vietnam still have certain disadvantages, especially the troubles the Foreign Investors encounter in relation to the investment capital account (“Capital Account”).