NEWS

A draft decision has been issued about the calculation of the recycling costs for producers of packaging materials and products that can be recycled.

On 9 January 2023, after nearly 13 years of applying the Law on Medical Examination and Treatment No. 40/2009/QH12, the National Assembly issued the Law on Medical Examination and Treatment No. 15/2023/QH15. This New Law will take effect on 1 January 2024.

On 9 September 2022, the Ministry of Construction (MOC) published a draft of the new law on housing (Draft Law) for public consultation. Upon final adoption, the Draft Law will supersede and replace the Current LOH. In this legal update, we aim to highlight the key takeaways from the aforementioned developments.

On 10 February 2023, the Government issued Decree No. 3/2023/ND-CP providing for the functions, rights and duties, and organisational structure of the Vietnam Competition Commission. Decree 3 will take effect on 1 April 2023.

The Vietnamese National Assembly adopted a new Law on AML (New Law) on 15 November 2022. This New Law will take effect on 1 March 2023.

Circular 12 regulates various matters on foreign borrowing and debt repayment, such as the registration procedure of the enterprise’s foreign loan without a Government guarantee, opening and use of accounts for foreign borrowing and debt repayment, and reporting regime related to the enterprise’s foreign loan.

Decree 65 supplements the definition of secured bonds, contains more information on how professional investors are determined and more rules for non-professional investors.

The Amended IP Law will enter into force on 1 January 2023 and is changed significantly compared to the current law. Sound marks are recognised for the first time. New definitions for author and co-author are introduced. Bad faith is introduced as a ground to cancel the validity of the trademark registration certificates.

The Draft Law on Land will amend regulations on land price bracket and land user; the basis for land allocation, land lease and change of land use purpose as well as the land use term of the investment projects.

The draft aims to achieve better competitiveness, fairness, transparency, and economic efficiency in the management of the State budget. The selection methods of bidders and investors will be amended as well as the process and procedures to select bidders and investors.

Decree 35 brings many positive changes to the legal framework for IPs and EZs, addresses various shortcomings of Decree 82 and is expected to attract more investment in IP and EZ development. For example, the requirement of a minimum 60% occupancy rate no longer applies and housing accommodation for employees working in IPs and EZs.

Decree 34 provides for delayed tax and land fee payments for some types of enterprises such as SMEs, credit institutions, enterprises in certain manufacturing and services sectors. Additional requirements might apply. A request needs to be submitted by 30 September 2022 at the latest.