Notable documents of Vietnam in the previous week (from September 25 to October 1, 2023)

1. Vietnam’s new regulation on standards and norms of use of motor vehicles

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

According to the Decree, regulated entities include:

- State agencies, CPV agencies, Vietnamese Fatherland Front, Vietnam Trade Union, Vietnam Farmer’s Union, Ho Chi Minh Communist Youth Union, Vietnam Women's Union, Veterans Association of Vietnam, public service providers, and management boards of projects funded by state budget (collectively referred to as “agencies, organizations, and units”).

- Enterprises wholly owned by the State, CPV, Vietnamese Fatherland Front, and socio-political organizations funded by state budget, including enterprises that are subsidiaries and affiliated units (collectively referred to as “state-owned enterprises”).

- Mass associations with specific characteristics that are supported with motor vehicles by the State according to Article 20 of Decree No. 72/2023/ND-CP.

- Other organizations and individuals concerning the determination, promulgation, and application of standards and norms of the use of motor vehicles.

Off-budget state financial institutions applying the financial mechanisms of the specific agency or organization shall apply the standards and norms of motor vehicles of the corresponding models prescribed in this Decree; organizations shall ensure the funding for purchasing motor vehicles without the use of state budget.

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. Acts of obstructing inspection and examination in Vietnam

On September 20, 2023, the Ministry of Science and Technology of Vietnam promulgated Circular No. 19/2023/TT-BKHCN guiding Decree No. 107/2013/ND-CP on administrative fines in the field of atomic energy.

According to the Circular, the violations prescribed in Point b Clause 4 Article 42 of Decree No. 107/2013/ND-CP refer to any organization or individual that commits one of the following acts:

- Failing to appoint persons or appointing incompetent persons to work with the inspection or examination delegation.

- Failing to implement the decision on inspection or examination of a competent person or providing improper or untimely implementation of such decision.

- Failing to provide information and documents, providing inaccurate information and documents, or failing to provide information and documents on time at the request of the inspection or examination delegation.

- Failing to arrange relevant persons, equipment, and devices or deliberately delaying the implementation of the inspection or examination delegation's requests during the practical examination and verification.

Circular No. 19/2023/TT-BKHCN comes into force as of November 5, 2023.

3. Vietnam to amend regulation on requirements for dietary supplement claims

On September 25, 2023, the Minister of Health of Vietnam promulgated Circular No. 17/2023/TT-BYT on amending and annulling several legislative documents on food safety promulgated by the Ministry, which contains amendments to dietary supplement claims.

According to the Circular, from November 9, 2023, dietary supplement claims shall ensure the following requirements:

(1) Nutrient content claims:

When adding vitamins, minerals, amino acids, fatty acids, enzymes, probiotics, prebiotics, or other biologically active substances to food, the claim of the content of the mentioned substances in the food shall be calculated according to the recommended nutrition intakes for Vietnamese (RNI) prescribed in Appendix No. 01 promulgated together with Circular No. 43/2014/TT-BYT as follows:

- When the content of the substances is below 10% RNI or below 10% of the used amount of the component specified in the scientific evidence (regarding substances without RNI), the claim shall not contain such substances;

- When the content of the substances is at least 10% RNI or at least 10% of the used amount of the components specified in the scientific evidence (regarding substances without RNI), the claim shall specify the names and content of the substances per meal portion or 100g of products;

- The maximum content of vitamins and minerals in the product based on the RNI of the manufacturer shall not exceed the tolerable upper intake level for vitamins and minerals prescribed in Appendix No. 02 promulgated together with Circular No. 43/2014/TT-BYT.

In case Vietnam does not have an RNI and tolerable upper intake level, regulations of CODEX or concerned international organizations shall prevail.

(2) Health claims:

- Health recommendations for dietary supplements shall only be disclosed once the content of the substances in the product reaches at least 10% RNI and there is scientific evidence;

- Regarding dietary supplements without RNI, health claims of such components may only be disclosed on the label of the product once the content of such components reaches at least 10% of the RNI specified in the scientific evidence;

- Health recommendations shall be written clearly and consistently with scientific evidence.

See more details in Circular No. 17/2023/TT-BYT comes into force as of November 9, 2023.

4. Applications for certificates of HIV exposure or infection due to occupational accidents in Vietnam

On September 22, 2023, the Prime Minister of Vietnam promulgated Decision No. 24/2023/QD-TTg on conditions for identifying persons exposed to HIV and persons infected with HIV due to occupational accidents.

According to the Decision, regulations on applications for certificates of HIV exposure or infection due to occupational accidents are as follows:

(i) An application for a certificate of HIV exposure due to occupational accidents includes:  

- Official dispatch requesting the issuance of the certificate of HIV exposure due to occupational accidents following Form No. 01 of the Appendix promulgated together with Decision No. 24/2023/QD-TTg;

- Occupational accident record;

- Original or copy of the negative HIV test result;

- Original or copy of the positive HIV test result of the source of HIV exposure (if any);

(ii) An application for a certificate of HIV infection due to occupational accidents includes:  

- Official dispatch requesting the issuance of the certificate of HIV infection due to occupational accidents following Form No. 02 of the Appendix promulgated together with Decision No. 24/2023/QD-TTg;

- Original or copy of one of the following documents: positive HIV test result, summary of the medical record of the HIV-infected person due to occupational accidents.

Decision No. 24/2023/QD-TTg comes into force as of December 10, 2023 and replaces Decision No. 120/2008/QD-TTg dated August 29, 2008.

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