Notable documents of Vietnam in the previous week (from October 21 to October 27, 2024)

Identity card fees in Vietnam from October 21, 2024 

On October 21, 2024, the Minister of Finance of Vietnam promulgated Circular No. 73/2024/TT-BTC on fees for replacement and re-issuance of identity cards. 

According to the Circular, the fees for replacement and re-issuance of identity cards are as follows: 

- The fee for replacing a citizen ID card with an identity card according to Clause 3 Article 21 of Decree No. 70/2024/ND-CP is 30.000 VND per card; 

- The fee for identity card replacement regarding the cases prescribed in Clause 1 Article 24 of the Law on Identification 2023 is 50.000 VND per card; 

- The fee for identity card re-issuance for the cases prescribed in Clause 2 Article 24 of the Law on Identification 2023 is 70.000 VND per card. 

From October 21, 2024 to the end of December 31, 2024, the fees for the replacement and re-issuance of identity cards are 50% of the fees prescribed above. From January 1, 2025, the mentioned fees shall be applicable, excluding the cases prescribed in Clause 3 Article 4 of Circular No. 73/2024/TT-BTC.

From January 1, 2025 until the end of December 31, 2025, the fees applicable when citizens submit online applications for the replacement or re-issuance of identity cards shall be 50% of the fees mentioned above. From January 1, 2025, the fees mentioned above shall be applicable. 

Regulations on fee declaration and payment: 

- Payers shall pay the fees when carrying out procedures for identity card replacement or re-issuance to collectors under the form prescribed in Circular No. 74/2022/TT-BTC.

- Collectors shall transfer 100% of the collected fees to the state budget (central budget) according to current state budget laws.  The funding for collecting fees shall be allocated by the state budget (central budget) in the estimates of collectors under regulations and expenditure norms of the state budget as prescribed by law. Collectors shall carry out fee declaration, collection, and payment according to Circular No. 74/2022/TT-BTC.

See more details in Circular No. 73/2024/TT-BTC, effective as of October 21, 2024. 

Prime Minister of Vietnam’s request for review of behind-schedule promulgation of documents guiding Law on Land 2024 

On October 22, 2024, the Prime Minister of Vietnam promulgated Official Telegram No. 109/CD-TTg on intensifying the focused directive and implementation of the Law on Land 2024. 

According to the Official Telegram, in the report of the Ministry of Natural Resources and Environment of Vietnam, 63/63 provinces and cities have promulgated documents elaborating the Law on Land 2024 within their provincial jurisdiction. However, there are several provinces and cities with slow promulgation progress. 

The inadequate promulgation of documents has restricted the effectiveness of the implementation of the Law, affecting the rights and benefits of people and enterprises, administrative procedures, and the effectiveness and efficiency of the implementation of new policies of the Law on Land 2024, therefore the Prime Minister of Vietnam requests reviews and clarification of responsibilities of organizations and individuals causing the behind-schedule promulgation of documents elaborating the Law on Land 2024.

Additionally, the Prime Minister of Vietnam also requests Presidents of People’s Councils and Presidents of People’s Committees of provinces and centrally affiliated cities to adequately and promptly carry out the contents of the directives prescribed in Official Telegram No. 105/CD-TTg dated October 10, 2024 of the Prime Minister of Vietnam on focused directive and implementation of the Law on Land 2024 as follows: 

- Focus on directing the adequate promulgation of the contents assigned and elaborated in the Law on Land 2024 and Decrees elaborating the Law on Land 2024;

- Complete the promulgation of elaboration documents assigned in the Law on Land 2024 and Decrees elaborating the Law before October 31, 2024 and submit reports to the Ministry of Natural Resources and Environment of Vietnam for summary and reports to the Prime Minister of Vietnam. Assume responsibility before the Government and the Prime Minister of Vietnam if the promulgation of the mentioned documents is behind schedule. 

See more details in Official Telegram No. 109/CD-TTg, promulgated on October 22, 2024. 

Requirements for conversion from paper documents to data messages in Vietnam from October 23, 2024 

On October 23, 2024, the Government of Vietnam promulgated Decree No. 137/2024/ND-CP on e-transactions of state authorities and information systems serving e-transactions.

According to the Decree, data messages converted from paper documents shall meet the following requirements: 

- The integrity of the information in data messages is ensured as applicable to paper documents; 

- The information in data messages may be accessed and used for references; 

- There are separate symbols confirming the conversion from paper documents to data messages and the information of the converting agencies, organizations, and individuals:

+ Information in data messages converted from paper documents includes: separate symbols in letters showing that the data messages are converted from paper documents and the conversion time; full names of the converting agencies, organizations, and individuals. 

Regarding data messages converted from paper documents, agencies, organizations, and individuals may choose to display QR codes or other encryption types containing the information above to serve the lookup and use of information. 

The contents of the separate symbols showing that the data messages are converted from paper documents shall comply with relevant laws. 

+ Where the conversion is conducted for operations concerning notarization, authentication, certified true copies, exemplified copies, and extracts, the information in data messages shall comply with the notarization, authentication, and clerical work laws; 

+ Where the conversion results from the settlement of administrative procedures, the separate symbols confirming the conversion from paper documents to electronic formats according to Point c Clause 3 Article 25 of Decree No. 45/2020/ND-CP shall comply with the above regulation. 

- Where paper documents are licenses, certificates, written confirmations, or other written approvals issued by competent agencies and organizations, the conversion shall comply with the above regulation and bear the digital signatures of the converting agencies and organizations unless otherwise prescribed by law.  Information systems serving the conversion shall have the function of converting paper documents to data messages. 

See more details in Decree No. 137/2024/ND-CP, effective as of October 23, 2024. 

Vietnam’s principles of estimate allocation and management, use, and settlement of state budget recurrent expenditures 

On October 24, 2024, the Government of Vietnam promulgated Decree No. 138/2024/ND-CP on the preparation of estimates and management and use of state budget recurrent expenditures on the procurement of property and equipment; repair, upgrade, expansion, and development of work items in investment projects that are being implemented. 

According to Article 4 of Decree No. 138/2024/ND-CP, the principles of estimate allocation and management, use, and settlement of state budget recurrent expenditures are as follows: 

(1) The allocation of state budget current expenditures on the procurement of property and equipment; repair, upgrade, expansion, and development of work items in investment projects that are being implemented shall comply with the principles of not overlapping with tasks with the same contents of units allocated in medium-term public investment plans under the public investment law. The allocation shall be carried out in the budget year to ensure the regular operations of agencies and units and subject to approval for tasks and funding estimates by competent authorities as prescribed by the law.

Agencies and units in charge of making reviews and suggestions shall ensure compliance with the principles and assume all responsibility for applications for the allocation of recurrent expenditures for the implementation of tasks under Decree No. 138/2024/ND-CP.

(2) The preparation and allocation of estimates and management, use, and settlement of recurrent expenditures on the procurement of property and equipment; repair, upgrade, expansion, and development of work items in investment projects that are being implemented shall comply with the state budget law, public property management and use law, construction law, and relevant laws, where: 

- Regarding tasks of procuring property and equipment, prepare estimates for presentation to competent authorities for assessment and decision based on regulations on the use standards and norms of machinery and equipment serving the operations of agencies and units according to the law on public property management and use, relevant laws, tasks approved by competent authorities, and approved plans; the allocation of recurrent expenditures for the implementation of tasks shall not exceed the assigned total recurrent expenditure estimate of agencies and units in the budget year. 

- Regarding tasks of repairing, upgrading, expanding, and developing work items, prepare estimates for presentation to competent authorities for assessment and decision based on the regulations on the use standards and norms of work headquarters and public facilities under the law on public property management and use and relevant laws without exceeding 15 billion VND per task; the allocation of recurrent expenditures for the implementation of tasks shall not exceed the assigned total recurrent expenditure estimate of agencies and units in the budget year. 

- Agencies and units responsible for managing, using, and disbursing the funding for the implementation of tasks under the scope of Decree No. 138/2024/ND-CP in the budget year shall ensure efficiency and thrift; carried-over funding for task implementation (if any) shall comply with Clause 3 Article 64 of the Law on State Budget 2015 and its guiding documents. 

(3) The allocation of state budget recurrent expenditures on the procurement of property and equipment; repair, upgrade, expansion, and development of work items in investment projects that are being implemented shall be guaranteed by the budget of the corresponding authorities. 

See more details in Decree No. 138/2024/ND-CP, effective as of October 24, 2024. 

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