Notable new policies of Vietnam to be effective as of the start of November 2023

Notable new policies of Vietnam to be effective as of the start of November 2023
Le Truong Quoc Dat

Position holders entitled to regular use of a motor vehicle without provisions for prices; National Technical Regulation on Safety of Composite Liquefied Petroleum Gas Cylinder; guidelines on disclosure and archive of urban development programs, etc., are notable new policies that will be covered in this bulletin.

1. Position holders entitled to regular use of a motor vehicle without provision of prices in Vietnam 

On September 26, 2023, the Government of Vietnam promulgated Decree No. 72/2023/ND-CP on standards and norms for the use of motor vehicles. 

According to the Decree, regulations on position holders entitled to regular use of a motor vehicle without provisions for prices are as follows: 

(1) Position holders entitled to regular use of a motor vehicle, even if they no longer hold such positions, without provisions for prices include:

- General Secretary of Vietnam. 

- President of Vietnam 

- Prime Minister of Vietnam; Chairperson of the National Assembly of Vietnam. 

(2) Position holders entitled to regular use of a motor vehicle during the working period without provisions for prices include:

- Standing Members of the Secretariat; members of the CPV Politburo; members of the Secretariat; Chairperson of the Vietnamese Fatherland Front; Chief Justice of the Supreme People’s Court of Vietnam; Director of the Supreme People’s Procuracy of Vietnam; Vice President of Vietnam; Deputy Prime Minister of Vietnam; Vice Chairperson of the National Assembly of Vietnam. 

- Regulations on provision: 

+ In case of purchasing new motor vehicles, the Prime Minister of Vietnam shall decide the types and prices for motor vehicles to be provided for the mentioned position holders according to requests from concerned Ministers, Heads of Central Authorities, and Provincial People's Committees. 

+ In case of providing motor vehicles via delivery or transfer, competent agencies or persons shall decide the delivery and transfer of motor vehicles for the mentioned position holders according to public property management and use laws;

Procedures for delivering or transferring motor vehicles shall comply with public property management and use laws. 

Decree No. 72/2023/ND-CP comes into force as of November 10, 2023 and replaces Decree No. 04/2019/ND-CP dated January 11, 2019.

2. Vietnam’s 3 new National Technical Regulations on Components and Equipment of Railway Vehicles

On April 17, 2023, the Ministry of Transport of Vietnam promulgated Circular No. 04/2023/TT-BGTVT on 3 National Technical Regulations on components and equipment of railway vehicles, including: 

- National Technical Regulation on Wheelsets for Rolling Stocks (QCVN 110:2023/BGTVT);

- National Technical Regulation on Couplers for Rolling Stocks (QCVN 111:2023/BGTVT);

- National Technical Regulation on Brake Valves for Rolling Stocks (QCVN 112:2023/BGTVT).

Circular No. 04/2023/TT-BGTVT comes into force as of November 1, 2023. 

3. Vietnam’s National Technical Regulation on Safety of Composite Liquefied Petroleum Gas Cylinder

October 31, 2023, the Minister of Industry and Trade of Vietnam promulgated the National Technical Regulation on the Safety of Composite Liquefied Petroleum Gas Cylinder (QCVN 16:2022/BCT) enclosed with Circular No. 27/2022/TT-BCT.

(i) Scope of QCVN 16:2022/BCT

QCVN 16:2022/BCT provides for the technical requirements for safety in designing, inventing, importing, repairing, inspecting, testing, storing, delivering, transporting, installing, and using composite LPG cylinders with capacity ranges from 0,5L to 150L, HS Code No. 3923.30.20, 3923.30.90, or 3923.90.90.

(ii) Regulated entities of QCVN 16:2022/BCT

QCVN 16:2022/BCT applies to organizations and individuals engaging in operations concerning designing, inventing, importing, repairing, inspecting, testing, storing, delivering, transporting, installing, and using composite LPG cylinders according to Article 1 of QCVN 16:2022/BCT.

Circular No. 27/2022/TT-BCT and the National Technical Regulation on the Safety of Composite Liquefied Petroleum Gas Cylinder come into force as of November 1, 2023.

4. Vietnam’s guidelines on disclosure and archive of urban development programs 

On September 8, 2023, the Minister of Construction of Vietnam promulgated Circular No. 06/2023/TT-BXD guiding the contents of urban development programs. 

According to the Circular, guidelines on disclosure and archive of urban development programs are as follows: 

- Within 30 days after the approval of the urban development programs, Provincial People’s Committees shall direct the disclosure of approval decisions and enclosed documents and:

+ Disclose the mentioned documents on the web portals of People's Committees of provinces and districts and concerned specialized agencies under the People's Committees of provinces;

+ Send a photocopy to the Ministry of Construction of Vietnam; 

+ Organize the disclosure in appropriate forms, ensuring thrift and sufficient provision of information for concerned people and organizations for supervision and implementation. 

- Agencies shall organize the preparation, prepare, appraise, and approve urban development programs, and other concerned agencies, organizations, and individuals shall archive the records according to archive laws. 

Circular No. 06/2023/TT-BXD comes into force as of November 10, 2023. 

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