Notable new policies of Vietnam effective from the end of July 2024

Notable new policies of Vietnam effective from the end of July 2024
Le Truong Quoc Dat

Time limit for submission of statistical reports on civil judgment enforcement and monitoring of administrative judgment enforcement from July 26, 2024; new regulation on the award of Titles of People’s Artist and Artist of Merit from July 22, 2024; etc., are notable new policies that will be covered in this bulletin.

1. Time limit for submission of statistical reports on civil judgment enforcement and monitoring of administrative judgment enforcement in Vietnam from July 26, 2024

From July 26, 2024, Circular No. 05/2024/TT-BTP on statistical reports on civil judgment enforcement and monitoring of administrative judgment enforcement promulgated by the Minister of Justice of Vietnam shall take effect.  

According to Article 10 of Circular No. 05/2024/TT-BTP, the time limit for submission of statistical reports on civil judgment enforcement and monitoring of administrative judgment enforcement is as follows: 

- Within 1 working day from the end of the period for statistical reports, enforcers shall formulate and submit statistical reports to the heads of units where they are working. 

- Within 2 working days from the end of the period for statistical reports, Sub-Departments of Civil Judgment Enforcement shall summarize and formulate statistical reports for submission to their superior Departments of Civil Judgment Enforcement and authorities receiving statistical reports as per regulation. 

- Within 4 working days from the end of the period for statistical reports, Departments of Civil Judgment Enforcement shall summarize and formulate statistical reports of their provinces for submission to the General Department of Civil Judgment Enforcement and authorities receiving statistical reports as per regulation. 

- Within 1 working day from the end of the period for statistical reports, enforcers of military judgment enforcement authorities shall formulate and submit statistical reports to heads of military-zone divisions of judgment enforcement where they are working. 

- Within 2 working days from the end of the period for statistical reports, military-zone divisions of judgment enforcement shall formulate and submit statistical reports to Commanders of military zones and the Department of Judgment Enforcement of the Ministry of National Defense of Vietnam and authorities receiving statistical reports as per regulation. 

- Within 4 working days from the end of the period for statistical reports, the Department of Judgment Enforcement of the Ministry of National Defense of Vietnam shall summarize, formulate, and submit statistical reports to the Minister of National Defense of Vietnam, the Minister of Justice of Vietnam, and authorities receiving statistical reports as per regulation. 

- Within 6 working days from the end of the period for statistical reports, the General Department of Civil Judgment Enforcement shall summarize the statistical data on civil judgment enforcement and monitoring of administrative judgment enforcement nationwide and the statistical data on civil judgment enforcement in the military and submit reports to the Minister of Justice of Vietnam for reports to the Prime Minister of Vietnam, the National Assembly of Vietnam, and other competent authorities upon requests. 

2. Vietnam's new regulation on award of Titles of People’s Artist and Artist of Merit from July 22, 2024 

On June 6, 2024, the Government of Vietnam promulgated Decree No. 61/2024/ND-CP on the award of Titles of People’s Artist and Artist of Merit. 

Specifically, Decree No. 61/2024/ND-CP stipulates recipients, standards, and procedures for awarding Titles of People’s Artist and Artist of Merit.

Decree No. 61/2024/ND-CP applies to: 

- Individuals engaging in cultural and artistic activities at public cultural and artistic units; 

- Individuals engaging in cultural and artistic activities at non-public cultural and artistic units; 

- Individuals engaging in teaching or management in cultural and artistic fields participating in professional cultural and artistic performances; 

- Individuals engaging in freelance professional cultural and artistic activities;  

- Individuals creating cultural and artistic works; 

- Organizations and individuals relevant to the award of Titles of People’s Artist and/or Artist of Merit. 

Decree No. 61/2024/ND-CP comes into force as of July 22, 2024 and replaces Decree No. 89/2014/ND-CP on the award of Titles of People’s Artist and Artist of Merit and Decree No. 40/2021/ND-CP on amendments to Decree No. 89/2014/ND-CP.

Where individuals eligible for Titles of People’s Artist or Artist of Merit are approved by the State Council in the 10th assessment for Titles of People’s Artist and Artist of Merit but have yet to receive any decision on the award of Titles of People’s Artist or Artist or Merit from the President of Vietnam when Decree No. 61/2024/ND-CP takes effect, they shall continue to be assessed under Decree No. 89/2014/ND-CP on the award of Titles of People’s Artist and Artist of Merit and Decree No. 40/2021/ND-CP on amendments to Decree No. 89/2014/ND-CP.

3. Vietnam’s list of imported and exported drugs and medicinal ingredients with assigned HS codes

On June 11, 2024, the Minister of Health of Vietnam promulgated Circular No. 09/2024/TT-BYT on lists of imported and exported drugs and medicinal ingredients used for humans and cosmetics whose HS codes have been assigned in Vietnam’s Nomenclature.

According to the Circular, lists of imported and exported drugs and medicinal ingredients used for humans and cosmetics whose HS codes have been assigned in Vietnam’s Nomenclature (hereinafter referred to as “list”), include: 

- List 1: list of imported and exported toxic drugs and toxic medicinal ingredients whose HS codes have been assigned;

- List 2: list of imported and exported medicinal ingredients that are narcotic active ingredients whose HS codes have been assigned;

- List 3: list of imported and exported medicinal ingredients that are psychotropic active ingredients whose HS codes have been assigned;

- List 4: list of imported and exported medicinal ingredients that are drug precursors whose HS codes have been assigned;

- List 5: list of imported and exported drugs and active ingredients that are banned from certain fields and whose HS codes have been assigned;

- List 6: list of imported and exported medicinal ingredients that are radioactive substances for medical use whose HS codes have been assigned;

- List 7: list of imported and exported medicinal ingredients that are active ingredients and semi-finished drugs whose HS codes have been assigned;

- List 8: list of imported and exported drugs containing 01 active ingredient whose HS codes have been assigned;

- List 9: list of imported and exported combined drugs whose HS codes have been assigned;

- List 10: list of imported and exported vaccines whose HS codes have been assigned;

- List 11: list of imported and exported medicinal herbs whose HS codes have been assigned.

- List 12: list of imported and exported substances extracted from medicinal herbs and essential oil whose HS codes have been as drugs

- List 13: list of imported and exported traditional drugs and herbal drugs whose HS codes have been assigned.

- List 14: list of imported and exported cosmetics whose HS codes have been assigned;

See more details in Circular No. 09/2024/TT-BYT, effective as of July 26, 2024. 

4. Vietnam’s regulation on clarification, revision, replacement and withdrawal of E-HSQT, E-HSDST, and E- HSDKTHDA from July 26, 2024

On June 12, 2024, the Minister of Planning and Investment of Vietnam promulgated Circular No. 10/2024/TT-BKHDT on amendments to Circular No. 09/2021/TT-BKHDT on guidelines for selection of investors for executing public-private partnership projects and investment projects involving land use and Circular No. 10/2022/TT-BKHDT on elaboration of the provision of publishing of information and selection of investors on Vietnam National E-Procurement System. 

Specifically, Clause 4 Article 2 of Circular No. 10/2024/TT-BKHDT on amendments to Circular 21 of Circular No. 10/2022/TT-BKHDT specifies the clarification, revision, replacement and withdrawal of E-HSQT, E-HSDST, and E- HSDKTHDA as follows: 

- Clarification of E-HSQT, E-HSDST, and E-HSDKTHDA:

+ The investor shall:

++ Clarify E-HSQT, E-HSDST, and E-HSDKTHDA at the request of the procuring entity, the project-preparing unit or the presiding agency or unit that receives the proposal for PPP project, provincial Department of Planning and Investment, economic zone management board with regard to investment projects involving land use;

++ Self-clarify and supplement proving documents on the investor’s legal status, capacity, and experience if E-HSQT, E-HSDST, or E-HSDKTHDA does not include information or the documents on the investor’s legal status, capacity, and experience are available but they have not yet been submitted together with E-HSQT, E-HSDST, or E-HSDKTHDA.

+ The clarification of E-HSQT, E-HSDST (with regard to PPP projects), and E-HSDKTHDA (with regard to investment projects involving land use) shall be conducted on the System. All requests for clarification and clarification documents of the investors shall be made on the System.

- Revision, replacement, and withdrawal of E-HSQT, E-HSDST, and E- HSDKTHDA:

+ After submission of E-HSQT, E- HSDST, or E-HSDKTHDA, the investor may revise, replace, or withdraw E-HSQT, E-HSDST, or E- HSDKTHDA.

+ After the deadline for submission of E-HSQT, E-HSDST, or E-HSDKTHDA, the investor must not withdraw the submitted E-HSQT, E-HSDST, or E-HSDKTHDA.

See more details in Circular No. 10/2024/TT-BKHDT, effective as of July 26, 2024. 

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