Notable legal documents of Vietnam last week (May 20 - 26 2022)

1. Expansion of subjects and quotas for acquisition of agricultural land use rights in Vietnam

According to Resolution 18-NQ/TW dated June 16, 2022 on renewing and finalizing institutions and policies and improving the effectiveness and efficiency of land management and use, the Central Committee of Vietnam requested an expansion of sobjects and quotas for acquisition of agricultural land use rights in the future.

Specifically, depending on the characteristics and conditions of each region and locality, along with the change of occupations, jobs, and rural labor, the competent authorities may have plans to expand the subjects and quotas for acquisition of agricultural land use rights

(Currently, quotas for acquisition of agricultural land use rights of households and individuals follows the regulations of Article 44 of Decree 43/2014/ND-CP).

In addition, the Central Committee requested the organization to develop regulations on banks for leasing agricultural land.

Developing appropriate mechanisms and policies and organize the recovery of contracted land without investment from agricultural and forestry companies into the locality for management and implementation of land allocation and lease according to regulations based on the conditions of each locality, region.

Developing appropriate policies to prioritize land allocation for ethnic minorities who lack productive land, along with effective mechanisms to prevent people from transferring land after being allocated land.

See details in Resolution 18-NQ/TW dated June 16, 2022.

2. Adjustment of the levels online public services in Vietnam

On June 24, 2022, the government issued Decree 42/2022/ND-CP stipulating the provision of online information and public services by State agencies on websites or web portals. In particular, the adjustment of the levels of online public service provision compared with current regulations is as follows:

According to Clause 1, Article 11 of Decree 42/2022/ND-CP, state agencies provide online public services at two levels, including:

- Full online public service: is a service that ensures the provision of all information about administrative procedures, the implementation and settlement of administrative procedures are done online.

The return of results is done online or through the public postal service.

- Partially online public service: is an online public service that does not satisfy all the conditions specified above.

State agencies shall apply information technology and digital technology to the maximum in the process of providing and processing online public services on websites or web portals, except for cases where service-using organizations and individuals must be present at the State agencies or state agencies must inspect and verify at the scene according to the provisions of law.

(Currently, online public services have 04 levels pursuant to the provision specified in Clause 4, Article 3 of Decree 43/2011/ND-CP)

Decree 42/2022/ND-CP takes effect on August 15, 2022 and replaces Decree 43/2011/ND-CP dated June 13, 2011.

3. Modification of regulations to reduce VAT to 8% beginning June 20, 2022, Vietnam

The Government issued Decree 41/2022/ND-CP (effective from June 20, 2022) amending Decree 123/2020/ND-CP regulating invoices and documents. In particular, the regulations on invoicing when reducing VAT to 8% are as follows:

- If business establishments apply different tax rates when selling goods or providing services, their VAT invoices must state the tax rates of each commodity and service.

- If business establishments calculate tax based on the % of revenue, their sales invoices must state the reduced money when selling goods and providing services.

In addition, if from February 1, 2022 to June 20, 2022, a business establishment are still eligible for VAT reduction, exemption from invoice adjustment, and not subject to administrative violations of tax and invoices.

4. 02 notable milestones when applying for university admission in 2022, Vietnam

The Ministry of Education and Training of Vietnam stipulates 02 notable when applying for university admissions in 2022 in Official Dispatch 2598/BGDĐT-GDDH dated June 20, 2022 on guidelines for university admission and high enrollment degree in early childhood education. Specifically:

- From July 22, 2022 to 5:00 p.m., August 20, 2022: candidates may register, adjust, and add more school.

- From August 21, 2022 to 5:00 p.m., August 28, 2022:

+ Candidates must confirm the number and order of the schools on the system and at the same time pay the admission fee according to the number schoool  by online form.

In particular, candidates who are entitled to the priority policy of the region, the priority subjects must coordinate with the receiving points to review the regional information (Appendix VI of Official Dispatch 2598/BGDĐT-GDDH) and the priority subjects of candidates (if any), confirm the number of candidates, and at the same time pay the admission fee according to the number of candidates by online form.

Candidates must carefully read the instructions and must complete the application process properly and fully; Candidates who do not know the contents of the declaration and payment of the examination fee can contact the staff at the points, the reception or the staff of the Educational institution directly on the phone numbers to support the enrollment for guidance.

When candidates have not confirmed the number and order of their wishes or have not paid the examination fee, the system has not yet accepted the candidate's registration.

For details, see Official Dispatch 2598/BGDDT-GDDH dated June 20, 2022.

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