1. Officials can establish enterprises after being discharged from holding their positions within 1-2 years

 

This is the content prescribed in Circular No. 60/2022/TT-BTC on the list of sectors and periods for the officials with certain positions and powers must not establish or hold managerial titles or positions in many types of enterprises... after being discharged from holding their positions in the sectors under the management of the Ministry of Finance.

This Circular prescribes 11 sectors that officials with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives after being discharged from holding their position as follows:

(1) State management of accounting and auditing.

(2) State management of securities and securities market

(3) State management of insurance.

(4) State management of customs.

(5) State management of prices.

(6) State management of taxes, fees, charges, and other state budget revenues.

(7) State management of cooperating finance and management of state capital in enterprises.

(8) State management of the national reserve.

(9) Management of borrowing, domestic and foreign debt repayment of the Government, public debt, the foreign debt of the country and international aid sources for Vietnam, loans and aid from Vietnam to foreign countries.

(10) State management of state budget.

(11) State management of the public property.

Within 12 months from the date on which the persons have been discharged from holding their positions under the decisions of the competent authorities, the persons with certain positions who have worked in the sectors must not establish or hold managerial positions in enterprises or cooperatives in the sectors that they were responsible for management.

In other cases, must not establish or hold managerial positions in enterprises or cooperatives in the sectors that they were responsible for management within 24 months from the date on which the persons have been discharged from holding their positions.

Circular 60 is issued on October 03, 2022, and takes effect on November 11, 2022.

2. Foreign exchange administration for foreign borrowing, foreign debt repayment

On September 30, 2022, the State Bank of Vietnam issues Circular No. 12/2022/TT-NHNN providing several instructions on foreign exchange administration in respect of enterprises’ foreign borrowing and foreign debt repayment of enterprises.

A foreign loan is a generic term that means foreign loans that are not guaranteed by the Government and those that are guaranteed by the Government by means of foreign borrowing through borrowing contracts, deferred payment contracts for import of goods, lending entrustment contracts, contracts for finance leasing or debt instrument issuance on the international market of the borrower...
This Circular prescribes procedures for registration and registration for change of foreign loans that are not guaranteed by the Government. At the same time, the Circular prescribed the issues:

- Opening and use of loan accounts, and repayment of foreign debts at the institutional organizations which are permitted to operate in Vietnam.

- Fund withdrawal, debt repayment, and other fund transfer transactions in relation to the arrangement of foreign loans;

- Foreign exchange administration in respect of transactions relating to guarantee for foreign loans in Vietnam, transfer of guarantee for foreign loans, reimbursement of compulsory indebtedness between borrowers, and the party of guarantee of foreign loans that are guaranteed by the Government.

Provision, use, and administration of information posted on the website for administration of foreign borrowing and repayment of foreign loans which are not guaranteed by the Government (hereinafter referred to as website); 

The mechanism for making statistical reports on enterprises’ foreign borrowing and repayment of foreign loans which are not guaranteed by the Government.

Circular 12 takes effect on November 15, 2022.

3. Dossier for bidding packages to provide consultancy services under CPTPP agreement

On September 30, 2022, the Ministry of Planning and Investment issues Circular No. 20/2022/TT-BKHDT providing in detail the making of bidding dossiers for bidding packages to provide consultancy services.

This Circular provides in detail the making of bidding dossiers for bidding packages to provide consultancy services:

- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (below referred to as the CPTPP Agreement);

- The Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (below referred to as the UKVFTA);

- The Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (below referred to as the EVFTA).

Within that, making, appraisal, and approval of bidding dossiers:

- Depending on the scale and nature of each bidding package, the bid solicitor may set appropriate requirements, ensuring the principles of competition, equality, transparency, and economic efficiency. The bidding dossier must fully comprise necessary information as a basis for contractors to prepare bid dossiers;

- The bid solicitor may not set conditions to limit the participation of contractors or to create advantages for one or several contractor(s), thus causing unfair competition;

- May not set a requirement that contractors must be those having previously concluded and performed one or several contract(s) with the procurement authority of a particular country or territory, or that contractors must have experience in providing services in the domain of such country or territory as a criterion for eliminating contractors;

- In case of modifying the form of the bidding dossier, an organization or individual that makes, appraises, or approves the bidding dossier shall ensure that the modified contents are more stringent than those stated in the form of the bidding dossier and not contrary to the Agreement.

A written request for approval of the bidding dossier must clearly state the modified contents against those stated in the form of the bidding dossier and the reason(s) for such modification for the project owner to make consideration and decision.

This Circular takes effect on November 20, 2022.

4. Change the conditions of vehicles for practice driving

On September 27, 2022, the Government issues Decree No. 70/2022/ND-CP on amending and supplementing a number of articles of the Decrees regulating commercial road activities. This Circular takes effect on November 01, 2022.

In particulars, Decree 70/2022 amends and supplements Point a, Clause 6, Decree No. 65/2016/ND-CP stipulating conditions for the provision of driver training services and driving test services as follows:

- Having vehicles of all classes for practice driving under the lawful use right of the driver training establishment;

- Being licensed by a competent agency to practice driving;

- In case the training establishment provides the driving test service, based on the time of using the test vehicles for the purpose of the test, it is allowed to use the test vehicles to both conduct the driving test and train drivers but the number of test vehicles used to calculate training traffic must not exceed 50% of the number of test vehicles used for driving lessons. 

Besides, Decree 70/2022 annuls the regulations as follows:

- Learner driver cars may be totally owned by the driver training institution.

- hired under one-year contracts or longer but the number of hired cars shall not exceed 50% of that of possessed cars for respective driving license categories (for B1, B2, C, D and E ).

 

- Learner driver cars for FC classes may be hired under fixed-term contracts at the adequate quantity to meet the need for driver training.  Learner driver cars with automatic gearboxes for B1 and B2 classes may be totally hired under contracts.

5. Operation conditions of foreign non-governmental organizations

 

This is the content prescribed in Decree No. 58/2022/ND-CP dated August 31, 2022, of the Government on registering and managing the operations of non-governmental organizations in Vietnam. And these regulations take effect on November 01.

In particular, Article 10, Decree 58, a foreign non-governmental organization that is granted an operation registration certificate must satisfy the following conditions:

- Having a valid legal status in the country or territory it was established.

- Having clear charters, principles, and goals that match Vietnam’s interests as well as needs.

- Providing details about its planned programs, projects, and non-project activities to assist development and humanitarian aid in Vietnam in 3 years.

- Proposing its representative in Vietnam (new regulations).

Operation conditions of foreign non-governmental organizations (Illustration)

On procedures for the grant of an operation registration certificate, Article 11 prescribes:

- A foreign non-governmental organization shall submit one set of dossiers of request for grant of operation registration certificate directly to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

A written request for granting the operation registration certificate

A copy of the Charter, a copy of the document proving legal status;

A document detailing programs, projects, and non-projects planned to be implemented in Vietnam in 3 years;

An appointment decision signed and stamped by the head of the organization; a biography of the person appointed to act as the representative; a copy of the valid passport, in case the person appointed to act as the representative is a foreigner. A copy of the valid passport, identity card, or citizen's identity card, in case the person is a Vietnamese citizen.

Documents in foreign languages included in the above-mentioned dossier must be consular legalized, enclosed with Vietnamese translations, and certified, except for the cases of exemption from consular legalization in accordance with treaties to which Vietnam is a contracting party or the reciprocity principle.

After receiving the complete dossier, the Committee for Foreign Non-Governmental Organization Affairs shall consult (in writing) ministries and ministerial-level agencies in charge of appraising the legal status of the dossier...within 01 month.

After the approval, the operation registration shall be issued directly or by post. In case the dossier is rejected, the Committee shall issue a written notice, clearly stating the reason.

SOURCE: https://english.luatvietnam.vn/legal-news/hot-policies-take-effect-on-november-2022-4729-91912-article.html