Notable documents of Vietnam in the previous week (from September 30 to October 6, 2024)

1. 2 cases of suspension of traffic accounts in Vietnam from October 1, 2024 

On September 30, 2024, the Government of Vietnam promulgated Decree No. 119/2024/ND-CP on electronic payment concerning road traffic, which specifies regulations on opening, using, and suspending traffic accounts. 

According to the Decree, the suspension of traffic accounts shall be carried out upon requests from traffic account owners and written requests from competent authorities according to the law. 

- In case of suspension of a traffic account as requested by the traffic account owner, the Decree specifies that the provider of road toll payment services shall suspend the traffic account upon the request of the account owner or the guardian or legal representative of the owner or under a prior written agreement between the account owner with the provider of road toll payment services. 

The provider of road toll payment services shall decline the request for traffic account suspension when the account owner has yet to complete the payment of debts payable to the provider of road toll payment services or the provider of road traffic payment services.  The information on debts payable to the provider of road toll payment services shall be synchronized from the management system of databases on road traffic e-payment. 

The suspension period of the traffic account shall be implemented according to the request of the account owner or the guardian or legal representative of the account owner or under the written agreement between the account owner and the provider of traffic e-payment services. 

- In case of suspension of a traffic account under a written request from the competent authority according to the law, the provider of road toll payment services shall suspend the traffic account according to such written request under the law. 

Immediately after the suspension of the traffic account, the provider of road toll payment services shall notify the account owner or the guardian or legal representative of the account owner of the reason for the suspension. 

The suspension period of the traffic account shall be implemented according to the competent authority's written request for the suspension of the traffic account or the written request for termination of the suspension of the traffic account. 

See more details in Decree No. 119/2024/ND-CP, effective as of October 1, 2024. 

2. Penalties and remedial measures for consequences of administrative violations against regulations on land in Vietnam from October 4, 2024 

On October 4, 2024, the Government of Vietnam promulgated Decree No. 123/2024/ND-CP on penalties for administrative violations against regulations on land, which stipulates the penalties and remedial measures for the consequences.  

According to the Decree, administrative penalties include: 

- Warnings;

- Fines.

Additional penalties: 

- Confiscation of papers that have been erased, edited, and falsified and counterfeit papers used in land use; 

- Suspension of licenses or practicing certificates of advisory services for 6 to 9 months or advisory operations for 9 to 12 months. 

Aside from the remedial measures prescribed in Point a and Point I Clause 1 Article 28 of the Law on Handling of Administrative Violations, the following remedial measures shall be applied based on the nature and severity of the administrative violations of organizations and individuals:  

- Enforced land registration; 

- Enforced implementation of procedures for approval for large-scale centralized husbandry projects; 

- Enforced adequate fulfillment of financial obligations and procedures for on-the-spot land allocation; 

- Enforced transfer of rights applicable to receiving parties and enforced return of land applicable to lessees, sub-lessees, capital receiving parties, and parties receiving property on land; 

- Enforced termination of contracts for lease, sub-lease, mortgage, conversion, capital contribution, and trading of property on land; trading or property on land and rights to lease in land lease contracts; 

- Enforced formulation of schemes for agricultural land use applicable to organizations receiving the transfer of rights to use agricultural land; 

- Enforced establishment of economic organizations and formulation of schemes for rice cultivation land applicable to individuals not directly involved in agricultural manufacturing receiving the transfer of rights to use rice cultivation land exceeding the quotas;  

- Enforced return of property on land and rights to lease in land lease contracts; 

- Enforced re-conclusion of land lease contracts; 

- Enforced submission of applications for procedures for approval of provincial People’s Committees regarding agreements on the receipt of land use rights for project implementation; 

- Enforced use of land; 

- Enforced submission of applications for procedures for conversion to land use according to the land law; 

- Termination of the results of administrative procedures concerning land; 

- Enforced provision and re-provision information, papers, and documents. 

See more details in Decree No. 123/2024/ND-CP, effective as of October 4, 2024. 

3. Vietnam’s list of goods and services to be procured through national centralized procurement from November 15, 2024 

On October 1, 2024, the Minister of Finance of Vietnam promulgated Circular No. 69/2024/TT-BTC on the list of goods and services to be procured through national centralized procurement. 

According to Article 2 of Circular No. 69/2024/TT-BTC, the list of goods and services to be procured through national centralized procurement, which are automobiles serving the general work of agencies, organizations, and individuals, includes: 

- Automobiles for general work with 4-5 seats. 

- Automobiles for general work with 7-9 seats. 

- Automobiles for general work with 12-16 seats. 

- Pickup trucks for general work.

The list mentioned above is not applicable to:  

- Automobiles for general work of Vietnamese agencies abroad.

- 4-wheel-drive automobiles with large capacity according to Clause 2 Article 15 of Decree No. 72/2023/ND-CP on automobile use standards and norms. 

See more details in Circular No. 69/2024/TT-BTC, effective as of November 15, 2024. 

4. Vietnam to annul several contents in Regulation on Hospitals enclosed with Decision No. 1895/1997/QD-BYT

On October 1, 2024, the Minister of Health of Vietnam promulgated Circular No. 18/2024/TT-BYT on annulling several contents of Decision No. 1895/1997/QD-BYT dated September 19, 1997 of the Minister of Health promulgating the Regulation on Hospitals.

Currently, many regulations in the Regulation on Hospitals promulgated in 1997 (under Decision No. 1895/1997/QD-BYT) are replaced by several Circulars, Decrees, and Articles of the Law on Medical Examination and Treatment 2023. Therefore, the Minister of Health of Vietnam promulgates Circular No. 18/2024/TT-BYT on annulling several contents of the Regulation on Hospitals, specifically: 

* PART III. REGULATION ON HOSPITAL MANAGEMENT: 

- Section 5. Regulation on medical record storage 

- Section 8. Regulation on benefits and obligations of patients and families of patients towards hospitals 

- Section 11. Regulation on medical uniforms 

- Section 16. Regulation on learning and teaching at hospitals 

- Section 17. Regulation on scientific and technological research 

- Points 3 and 4 Part II of Section 18. Regulation on international cooperation 

*PART IV. PROFESSIONAL REGULATION: 

- Section 3. Regulation on disease diagnosis, medical record preparation, and treatment prescription  

- Section 5. Regulation on outpatient treatment 

- Section 6. Regulation on medical examination and treatment upon requests 

- Section 7. Regulation on consultation 

- Section 12. Regulation on waste treatment 

- Section 13. Regulation on unclaimed patients 

- Section 14. Regulation on handling of dead patients  

* PART V. WORKING REGULATION ON SEVERAL DEPARTMENTS: Point 2 Part I of Section 1. Regulation on medical examination department 

See more details in Circular No. 18/2024/TT-BYT, effective as of October 1, 2024. 

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