March 30, 2018

LEGAL UPDATE AND CALL FOR COMMENTS – RECEIVED DRAFTS

NEW LEGISLATIONS
1. Resolution 54/2017/QH14 on piloting special mechanisms and policies to bolster the development of Ho Chi Minh City (Resolution 54)
Effective date: 15th January 2018
Implementing Government body: Ho Chi Minh City People's Council and People's Committee
Resolution 54 was passed by the National Assembly in the 4th meeting of its 14th session on 24th November 2017. Accordingly, Ho Chi Minh City is entitled to having more authority in terms of management of land, investments, statge budget and officials' income, offering greater financial autonomy.
The full legislation can be found here. English translation can be provided at request.

2. Resolution 19/NQ-CP on piloting specialised food safety inspection at district, town, ward, village level at 7 provinces and cities under central governance
Effective date: 23rd March 2018
Implementing Government body: Ministry of Health mainly in charge
Ministry of Health shall coordinate and work with Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Justice, Ministry of Home Affairs, Government Inspectorate and relevant authorities to develop a draft Decision to pilot specialised food safety inspection in the selected localities and in Hanoi and Ho Chi Minh City to submit to the Prime Minister for approval and issuance in June 2018.
The full legislation can be found here. English translation can be provided at request.

3. Resolution 98/NQ-CP on promulgating the action plan of the Government to implement Resolution 10-NQ/TW dated 03 June 2017 of the 5th meeting of the 12th Central Committee of the Communist Party of Vietnam on developing private sector to be key driver of the socialist-oriented market economy
Effective date: 3rd October 2017
Implementing Government body: Relevant Ministries (Ministry of Planning and Investment, Ministry of Industry and Trade, Ministry of Finance, Ministry of Science and Technology, etc.)
The action plan sets out clear goals till 2020 regarding the development of private sector in Vietnam, for example, having at least 1 million enterprises; private setor contributing 50% of GDP; productivity increasing by 4-5% per year; having more than 35% Vietnamese enterprises engaging in innovation activities, etc. and assigns relevant Ministries for each action.
The full legislation can be found here. English translation can be provided at request.

4. Resolution 126/NQ-CP on Government's action plan to prevent and fight against corruption till 2020
Effective date: 29th November 2017
Implementing Government body: Relevant Ministries, mainly Government Inspectorate
This is the more detailed action plan to implement the national strategy to prevent and fight against corruption and the United Nation's Convention against corruption. Each year, the Government Inspectorate shall propose solutions and plans to implement the working plan of the Central Steering Committee against corruption and report to the Prime Minister. The action plan's implementation shall be assessed by end of 2020.
The full legislation can be found here. English translation can be provided at request.

5. Resolution 100/NQ-CP on simplifying administrative procedures and paperwork related to residential management under Ministry of Industry and Trade's governance
Effective date: 6th October 2017
Implementing Government body: Ministry of Industry and Trade
Under the supervision of the Government Office, Ministry of Industry and Trade shall work with relevant authorities to revise or remove administrative procedures and paperwork related to citizens, mostly regarding licenses, certifications.
The full legislation can be found here. English translation can be provided at request.
 
6. Resolution 136/NQ-CP on simplifying administrative procedures and paperwork related to residential management under Ministry of Planning and Investment's governance
Effective date: 27th December 2017
Implementing Government body: Ministry of Planning and Investment
Under the supervision of the Government Office, Ministry of Industry and Trade shall work with relevant authorities to revise or remove administrative procedures and paperwork related to citizens, mostly regarding business establishment, cooperatives, investments from Vietnam into other countries, etc.
The full legislation can be found here. English translation can be provided at request.

7. Decree 31/2018/ND-CP on detailing the Law on Foreign Trade Management regarding origin of goods
Effective date: 8th March 2018
Implementing Government body: Relevant Ministries, mainly Ministry of Industry and Trade and Ministry of Finance
The full legislation can be found here. English translation can be provided at request.

8. Decree 38/2018/ND-CP on detailing regulations on investment for SMEs, start-ups (Decree 38)
Effective date: 11th March 2018
Implementing Government body: Relevant Ministries, mainly Ministry of Planning and Investment and Ministry of Finance
The full legislation can be found here. English translation can be provided at request.

9. Decree 39/2018/ND-CP on detailing some provisions of Law on supporting SMEs (Decree 39)
Effective date: 11th March 2018
Implementing Government body: Relevant Ministries, mainly Ministry of Planning and Investment
Decree 39 details the definition of SMEs and types of support that they are entitled to, in terms of access to information, consultancy, human resources, business entity establishment, integration into value chain.
The full legislation can be found here. English translation can be provided at request.

10. Decree 24/2018/ND-CP on complaints and denunciations related to labors, vocational trainings, overseas employment of Vietnamese workers under contracts, employment, labor safety and hygiene
Effective date: 15th April 2018
Implementing Government body: Ministry of Labors, Invalids and Social Affairs
The full legislation can be found here. English translation can be provided at request.

11. Decree 22/2018/ND-CP on on guidelines for certain number of articles of the Intellectual Property Law and Law on amendments to the Intellectual Property Law 2009 in terms of the copyright and related rights (Decree 22)
Effective date: 10th April 2018
Implementing Government body: Ministry of Culture, Sports and Tourism
Decree 22 details the definition related to copyright, registration of copyright and relevant rights and activities of organisations providing consultancy related to copyright and relevant rights.
The full legislation can be found here. English translation can be provided at request.

DRAFT LEGISLATION FOR COMMENT

EuroCham calls for comments to be sent to Sector Committee sec.comms@eurochamvn.org and Advocacy advocacy@eurochamvn.org

1. On the difficulties and obstacles during the implementation of Law on Technology Transfer
Authority/department: Ministry of Science and Technology
Deadline for comments: 4th April 2018
The Law on Technology Transfer is available in Vietnamese and English for your reference.

2. Draft Decree on Draft Decree detailing and guiding implementation of some articles of Technology Transfer Law
Authority/department: Ministry of Science and Technology
Deadline for comments: 4th April 2018
The Draft Decree is available here.

3. Draft Circular revising and replacing Circular 11/2016/TT-BYT on drug tendering at public healthcare establishments
Authority/department: Ministry of Health
Deadline for comments: 11th April 2018
The Draft Decree is available here.

4. Draft Decree on amendments and supplementations of some articles of Decree 36/2016/ND-CP on medical device management
Authority/department: Ministry of Health
Deadline for comments: 21st May 2018
The Draft Decree is available here.
 

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