The current COVID-19 situation in HCMC makes that the authorities remain cautious. Only in areas where the pandemic is under control a more relaxing regime will apply. Citizens can go out to shop for groceries once a week and more business activities are allowed. Other services such as inter-district deliveries, food delivery and postal services will be possible again too in the whole city.

The HCMC authorities have prepared a plan to reopen the economy in the city. It consists of 3 phases which will be rolled out depending on the developments. It includes support for businesses and criteria under which companies and citizens can resume a more normal life.

The draft decree on social media management aims to protect children better. It provides a legal framework for live streaming and revenue-generating services provided on foreign and domestic social networks. Sometimes providers need to obtain a licence or confirmation.

The Electricity Regulatory Authority under MOIT is currently finalising the Draft Circular, which is expected to be officially issued by the end of 2021. Due to its high relevance for the economics of renewable energy investments in Vietnam, the DPPA pilot program has attracted widespread interest from consumers and power developers. This legal update examines the most important takeaways from the draft circular.

Many organisations and individuals in Vietnam use cross-border advertising services provided by various foreign providers such as Facebook, Google, Tik Tok. Decree 70 stipulates that entities engaging in those services must comply with cybersecurity and IP regulations, regulations on management, provision, and use of internet services, and pay tax.

Corporate bonds have long been a valuable source of financing for businesses and a traditional investment asset for investors worldwide, mainly used real estate, securities, banking, and infrastructure development. In this update you can read about the type of bonds available in Vietnam, how bonds are offered and who can offer them.

The extended producers’ responsibility or ‘polluter pays principle’ is expected to impact manufacturers and importers active in Vietnam by imposing various financial and administrative burdens. It applies to both recyclable products and packaging and waste treatment. It likely will apply as of 1 January 2023.

Decree 38 provides a better scope defining to which entities it applies. It also introduces several more severe penalties for violations related to advertising for certain products, in particular drugs, cosmetics, medical equipment, fertiliser, or healthcare services. Additional penalties, such as revocation of a licence, are introduced as well.

The draft Decree on Personal Data Protection was recently circulated for public discussion. Many of the draft provisions are similar to those in the European GDPR, addressing matters such as cross-border data transfer and appointment of data protection officers. Fines for non-compliance can reach up to 5% of annual turnover.

Decree contains guidelines on a coordinating mechanism for enterprise registration, cooperation related to registration of securities companies and fund management companies, concurrent registration of various points related to the enterprise such as the form or legal rep and additional regulations relating to legal status of enterprises are introduced.

The draft decree does address various points, however, there is still need for clarification with regard to for example the law governing PPP project contract, conditions related to equity transfer, disposal of collaterals, and restrictions on equity transfer as well as definition of policy enabling changes in developing a PPP project.

Decree 152 provides guidance on employement of foreigners following the entering into force of the new labour code per 1 January 2021. There are some changes related to exemptions as well as the requirements to be qualified as an expert or technical worker.