Highlights of the last week's documents (July 4 - July 10, 2022) in Vietnam

1. Cutting environmental protection tax on gasoline down to 1.000 dong per litre

On July 08, 2022, the Vietnam General Department of Taxation issued Official Telegram No. 12/CD-TCT on application of environmental protection taxes on gasoline, lubricant and grease according to Resolution No. 20/2022/UBTVQH15.

In particular, from July 11, 2022 to the end of December 31, 2022, environmental protection tax on gasoline (excluding ethanol) will be cut down to 1.000 dong per litre.

In addition, environmental protection taxes on various types of lubricant and grease will be adjusted as follows:

- 1.000 dong/litre of aviation fuel;

- 500 dong/litre of diesel fuel;

- 300 dong/litre of kerosene;

- 300 dong/litre of mazut;

- 300 dong/litre of grease;

- 300 dong/litre of grease;

For more details, see Official Telegram No. 12/CD-TCT dated July 08, 2022.

2. Disciplinary actions for Communist Party members committing violations against population policies

This is a content of Regulation No. 69-QD/TW in 2022 on disciplinary actions for Communist Party organizations and members committing violations issued by the Central Committee.

The Regulation provides guidance on methods of discipline for Communist Party members committing violations against population policies. To be specific,

(1) Party members committing one of the following violations resulting in less serious consequences shall be met with reprimand, including:

- Obstruct or force the implementation of family planning; participate in illegal testing and diagnosis of the sex of fetus.

- Commit violations against population policies.

(2) In case violators on whom reprimand is imposed still repeat their violations or commit first violation causing serious consequences or commit one of the following violations, they shall be met with warning or dismissal (for violators holding positions):

- Disseminate or issue documents consisting of contents against population policies and good moral traditions of the nation.

- Commit fraud or violations of the law in giving up biological children or adopting biological children in order to have illegitimate children.

(3) Violators specified in clause (1) and (2) leading to extremely serious consequences shall be met with expulsion.

For more details, see Regulation No. 69-QD/TW dated July 06, 2022 which replaces Regulation No. 07-QDi/TW dated August 28, 2018 and Regulation No. 102-QD/TW dated November 15, 2017.

3. Instructions for handling bidding packages under the EVFTA Agreement in which the bids will be opened before August 25, 2022

Circular No. 12/2022/TT-BKHDT dated June 30, 2022 elaborates the preparation of bidding documents for procurement of goods under the CPTPP Agreement, EVFTA Agreement and UKVFTA Agreement.

According to the Circular, bidding packages under scope of CPTPP Agreement, EVFTA Agreement and UKVFTA Agreement  in which the bids have been opened before effective date of this Circular on August 25, 2022:

The bid evaluation and consideration for contract award shall be done in accordance with the bidding documents and not in contravention of the CPTPP, EVFTA and UKVFTA Agreements.

According to the Circular, bidding packages under scope of CPTPP, EVFTA and UKVFTA Agreements  in which the bids have been opened before effective date of this Circular on August 25, 2022:

- Any information inappropriate or in contravention of the forms of bidding documents issued together with Circular No. 12/2022/TT-BKHDT must be modified.

- If the bidding documents are modified after being issued, the investor and procuring entity must give the bidders a reasonable amount of time to prepare their bids.

Regarding packages under scope of CPTPP, EVFTA and UKVFTA Agreements in which the bidding documents have been approved before August 25, 2022 but have not been issued: these bidding documents must be adjusted to conform to forms issued together with Circular No. 12/2022/TT-BKHDT.

 Circular No. 12/2022/TT-BKHDT comes into force from August 25, 2022 and replaces Circular No. 09/2020/TT-BKHDT dated November 27, 2020.

4. Up to VND 1 million in fine to be imposed on households and individuals who do not classify daily solid wastes

This is a new addition to Decree No. 45/2022/ND-CP dated July 07, 2022 on administrative penalties for offences against environmental protection.

According to Decree, from August 25, 2022, a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed upon households and individuals which:

- Do not classify daily solid wastes as prescribed;

- Do not use packages containing daily solid wastes as prescribed;

In addition, a fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed upon organizations for the following offences:

- Common industrial solid wastes are not classified at source as prescribed;

- Equipment and tools containing common industrial solid wastes do not satisfy technical requirements for environmental protection as prescribed;

- Storages of common industrial solid wastes do not satisfy technical requirements for environmental protection as prescribed;

(the current regulation only prescribes from 20.000.000 VND to 25.000.000 VND in fine for refusal to classify and store common industrial solid wastes as prescribed.)

- Contracts are not signed with units engaging in collection, transport and handling of common industrial solid wastes as prescribed;

 Decree No. 45/2022/ND-CP cmes into force from August 25, 2022 and replaces Decree No. 155/2016/ND-CP and Decree No. 55/2021/ND-CP.

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