03 Decrees, 10 Circulars effective from the beginning of April 2018

1. Special Goods Protected by the Police during Transportation

From April 10, 2018, the following special goods will be protected by the People's Police force during transportation according to Decree 21/2018/ND-CP:

- State-owned national treasures, antiquities, and relics;- Precious assets (gold, precious metals, gemstones, foreign currency cash, and other valuable assets) within the State Bank system and State Treasury;- Cash (VND), valuable papers (bonds, promissory notes, stocks, treasury bills, and other valuable papers) within the State Bank system and the State Treasury.

As stipulated, the above special goods must be transported in specialized vehicles. Each transport journey on the road must be escorted by 02 protection vehicles: 01 leading vehicle and 01 trailing vehicle or protection convoy.

1. Negotiation of Royalties when Using Audio and Video Recordings

Decree 22/2018/ND-CP guiding Intellectual Property Law 2005 and Amended Intellectual Property Law 2009 on author’s rights and related rights stipulates:

- Organizations and individuals using (directly or indirectly) audio and video recordings (according to Clauses 1 and 2, Article 33 of the Intellectual Property Law) must pay royalties, remuneration, and material benefits to the owners;- Organizations representing collective rights owners and related rights may negotiate, agree upon, and authorize (through contracts) the negotiation, collection of royalties, remuneration, and material benefits in accordance with the law, including the distribution ratio of such amounts;- Organizations representing collective rights owners and related rights that are authorized shall only be responsible for negotiating and agreeing upon the collection of royalties, remuneration, and material benefits according to the list of members, works, performances, audio, video recordings, and broadcast programs specified in the authorization contract.

Decree 22/2018/ND-CP takes effect from April 10, 2018, replacing Decree 100/2006/ND-CP and Decree 85/2011/ND-CP.

1. Regulations on Traffic Separation in Vietnamese Territorial Waters

the Government of Vietnam issued Decree 16/2018/ND-CP on maritime routes and traffic separation in Vietnamese territorial waters with several notable points:

- Vessels transporting goods, passengers, and luggage or military vessels not for commercial purposes passing through Vietnamese territorial waters and internal waters to enter Vietnamese ports must follow the prescribed routes and complete ship procedures according to regulations.- Vessels passing through Vietnamese territorial waters and internal waters without entering Vietnamese ports must immediately notify the regional Maritime Port Authority about their reasons and purposes such as:- Evacuating crew members or passengers on board;- Avoiding storms;- Search and rescue operations; transferring rescued persons, assets, and vessels at sea;- Addressing the aftermath of maritime accidents or incidents affecting vessels;- Other urgent cases.

For details, refer to Decree 16/2018/ND-CP, effective from April 1, 2018.

1. Credit Institutions Can Opt for Cash or Non-cash Loan Disbursement

This regulation is outlined in Circular 21/2017/TT-NHNN (effective from April 2, 2018) regarding the loan disbursement methods for credit institutions and branches of foreign banks.

The lending credit institution can consider and decide on the loan disbursement method using non-cash payment services or cash for the following two cases:

- Customers paying to beneficiaries (excluding legal entities) with payment accounts at payment service providers for loan amounts specified in loan agreements up to VND 100 million;- Customers paying to beneficiaries who are organizations utilizing state capital that are allowed to make cash payments under the regulations of the State Bank of Vietnam.

Simultaneously, the lending credit institution must:

- Inform customers about the loan disbursement method regulations;- Notify customers and related credit institutions, and branches of foreign banks about the regulations on transaction hours within the day.

1. Circular 07/2018/TT-BGTVT regulating the inspection of sea vessels, effective from April 1, 2018;
2. Circular 22/2018/TT-BTC amending Circular 299/2016/TT-BTC on appraisal fees for business condition approval to grant liquor and tobacco production licenses, effective from April 8, 2018;
3. Circular 01/2018/TT-BLDTBXH on the statistical indicators system for Labor - War Invalids and Social Affairs, effective from April 12, 2018;
4. Circular 06/2018/TT-BGTVT on economic-technical norms for operation, exploitation, and maintenance of maritime security alarm systems, effective from April 1, 2018;
5. Circular 15/2018/TT-BTC on issuance, exchange, buyback, principal and interest payment costs for the Government of Vietnam bonds, bonds guaranteed by the Government of Vietnam, and local government bonds, effective from April 1, 2018;
6. Circular 13/2018/TT-BTC on the management and usage of state budget funds ensuring international treaties and international agreement negotiation and implementation, effective from April 2, 2018;
7. Circular 02/2018/TT-BXD on environmental protection regulations during construction and reporting policies on environmental protection in the construction industry, effective from April 1, 2018;
8. Circular 32/2017/TT-BGTVT National Technical Standards on pressure equipment on transportation means and exploration and mining equipment at sea, effective from April 1, 2018;
9. Circular 31/2017/TT-BGTVT National Technical Standards on automotive safety glass, pneumatic tires for automobiles, and optical properties of front lighting for motor vehicles, effective from April 1, 2018.

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