The mechanism for the establishment, organization, management and operation of innovative start-up investment funds and the use of local budgets for investment in small and medium innovative start-up enterprises are notable new provisions prescribed in Decree No. 38/2018/ND-CP issued by the Government on 11 March 2018.
On 11 March 2018 the Government issued Decree No. 39/2018/ND-CP guiding the Law on Assistance to Small- and Medium-sized Enterprises to replace Decree No. 56/2009/ND-CP dated 30 June 2009, clearly defines criteria for determining small and medium enterprises and the support for conversion from business households, creative start-ups
On 27 February 2018, the Government promulgated Decree 24/2018/ND-CP deals with complaint and denunciatios settlements in the domain of labor, occupational education and activities of sending Vietnamese laborers to work abroad under contracts, jobs, labor safety and hygiene (“Decree 24”). Decree 24 took effect as from 15 April 2018.
Decree No.23/2018/ND-CP (“Decree 23”) regulating the regime on compulsory fire and explosion insurance was promulgated by the Government on 23 February 2018, replacing Decree No.130/2006/ND-CP.
From 2 February 2018, the implementation of food product self-declaration and the issue of certificate of food safety conditions undergo many changes.
On 23 February 2018, the Government promulgated Decree 22/2018/ND-CP detailing a number of articles and measures for implementation of the 2005 Law on Intellectual Property and the Law amending and supplementing a number of articles of the Law on Intellectual Property (the “Law on IP”) on copyright and related rights (“Decree 22”).
Accordingly, as from 15 January 2018, the commercial activities of foreign traders in Vietnam have some important changes as follows:
On 15 January 2018, the Government issued Decree 08/2018/ND-CP amending a number of decrees related to investment and business conditions under the State management of Ministry of Industry and Trade.
Remedying the shortcomings of Decree 140/2007/ND-CP, Decree 163/2017/ND-CP dated 10 December 2017 of Government on provision of logistics services (“Decree 163”) permits foreign investor to not only establish the companies but also contribute capital, purchase shares in logistics companies in Vietnam with their ratio of shares ranging from 49% to 100% of the charter capital, subject to the registered logistics services, upon their satisfaction of a number of statutory conditions.
On 29 September 2017, the Ministry of Natural Resources and Environment promulgated Circular No. 33/2017/TT-BTNMT ("Circular 33") detailing Decree No. 01/2017/ND-CP (“Decree 01”) dated 6 January 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the circulars guiding the implementation of the Land Law.
On 29 November 2017, the Ministry of Industry and Trade announced that the quantity of raw tobacco (HS 2401) imported under the tariff quota in 2018 will be 53,604 tons (Fifty-three thousand six hundred and four tons).
On 27 December 2017, the Government issued Resolution No. 136/NQ-CP (“Resolution No. 136”) on simplifying administrative procedures, citizen documents related to population management under the State management functions of the Ministry of Planning and Investment attached with the Plan of simplification for implementation by the relevant competent bodies (the “Plan”).
Circular No. 14/2017/TT-NHNN issued by the State Bank of Vietnam on 29 September 2017 on methods of calculating interest on depositing and credit extension transaction between credit institutions (“Credit Institutions”) and clients (“Circular 14”) took effect as from 1 January 2018.
Recently, the Government has promulgated Decree No. 141/2017/ND-CP dated 7 December 2017 providing for regional minimum wages applicable to the employees working under a labor contract. Accordingly, the regional minimum wages applicable to the employees working for the enterprises are set forth as below:
When a credit institution, a foreign bank branch (the “Credit Institution”) is found in one of the following cases but has not been placed under special control in accordance with the laws, the State Bank will consider applying early intervention, specifically when the Credit Institution:
On 1 January 2018, Decree No. 123/2017/ND-CP (“Decree 123”) amending and supplementing Decree No. 45/2014/ND-CP providing the collection of the land use levy and Decree No. 46/2014/ND-CP providing the collection of the land rent and water surface rent will take effect.
Within a time-limit of sixty (60) days from the date the enterprise is granted a new, renewed or re-issued Certificate of satisfaction of security and order conditions, the competent police body will carry out post-inspection procedures.
On 1 January 2018, Decree 126/2017/ ND-CP on transforming State-owned enterprises (SOEs) and one-member limited liability companies with 100% charter capital invested by State-owned enterprises into joint stock companies (“Decree 126”) will take effect and replace Decree 59/2011/ND-CP, Decree 189/2013/ND-CP, and Decree 116/2015/ND-CP.
On 1 November 2017, the Government issued Decree No. 119/2017/ND-CP (“Decree 119”), replacing Decree No. 80/2013/ND-CP dated 19 July 2013 (“Decree 80”) on the sanctioning of administrative violations in the domain of standard, measurement and quality of products and goods. Decree 119 takes effect on 15 December 2017.
On 25 October 2017, Circular No. 115/2017/TT-BTC (“Circular 115”) guiding the supervision of trading on securities market was issued and will replace Circular No. 13/2013/TT-BTC (“Circular 13”) as from 08 December 2017.