Highlights of Legal Documents Last Week (from August 27, 2023, to September 1, 2023)

1. Temporary Suspension of Festivals in Case of Traffic Safety Violations

On August 29, 2018, the Government of Vietnam issued Decree 110/2018/ND-CP stipulating the management and organization of festivals within the territory of Vietnam. Notably, it addresses the circumstances under which festivals can be temporarily suspended.

To be specific, the competent authority receiving the registration or notification is entitled to request in writing the temporary suspension of the festival organization in the following cases:

- Organizing a festival that distorts the content or value of the festival;- Organizing a festival that causes disruption to public security, social safety; serious violations of traffic safety regulations or environmental protection; causing fires, explosions, or deaths;- Occurrence of natural disasters or epidemics adversely affecting the local social life;- There are activities disseminating or propagating information, documents, or items with fabricated content about the heritage values and traditions of the festival, causing public panic.

The festival organization committee must self-suspend or immediately halt festival activities; promptly rectify the consequences, and propose a plan to continue organizing the festival to the competent state management agency for consideration and decision.

Decree 110/2018/ND-CP takes effect on October 15, 2018.

2. Encouraging the Use of Eco-Labels on Organic Products

Decree 109/2018/ND-CP stipulating organic agriculture was issued by the Government of Vietnam on August 29, 2018, detailing the declaration of applicable standards and labeling of organic products.

The labeling of organic products will be carried out in accordance with the provisions of Decree 43/2017/ND-CP and the following regulations:

- Using the terms “100% organic”, “organic” or “produced from organic ingredients” together with the percentage of the ingredients on the label of the organic product according to the organic agriculture standards;- Organic products produced in Vietnam must clearly state the certification number, date of issuance, full name or abbreviation, and identification number of the certification organization;- Imported organic products with labels that do not fully meet the provisions of Decree 109/2018/ND-CP must have supplementary labels.

It encourages the use of identification numbers, barcodes, attaching the “Vietnam Green Label”, and eco-labels on the organic product labels according to legal regulations.

For further details, see Decree 109/2018/ND-CP, effective on October 15, 2018.

3. Regulations on the Export and Import of Cash in CNY and VND

On August 28, 2018, the Governor of the State Bank issued Circular 19/2018/TT-NHNN to guide foreign exchange management for border trade activities between Vietnam and China. Notably, it includes provisions on the export and import of cash in CNY and VND.

To be specific, licensed banks with border branches are allowed to export and import cash in CNY and VND to balance the cash needed for business activities by their border branches.

The export and import of cash in CNY and VND must be conducted via international border gates and main border gates in the border area and border economic zones between Vietnam and China.

When exporting and importing cash in CNY and VND, these banks must:

- Declare with the customs at the border gate in accordance with legal regulations;- Implement management and supervision measures to ensure safety during the handover, custody, and transportation of cash in CNY and VND;- Bear the risks associated with the export and import of cash.

Circular 19/2018/TT-NHNN takes effect on October 12, 2018.

4. Adjustment to Increase Monthly Allowance for Discharged Military Personnel

On August 28, 2018, the Ministry of National Defense issued Circular 138/2018/TT-BQP guiding the adjustment of monthly allowances for military personnel, cipher officers entitling to military salaries who have retired, been discharged, or resigned.

From July 1, 2018, the monthly allowance will be increased by 6.92% over the monthly allowance level of June 2018 for the relevant parties according to the following formula:

Monthly allowance = Monthly allowance as of June 2018 x 1.0692

Accordingly, the specific monthly allowance levels are as follows:

- From 15 to under 16 years of service: VND 1,764,000/month;- From 16 to under 17 years of service: VND 1,844,000/month;- From 17 to under 18 years of service: VND 1,925,000/month;- From 18 to under 19 years of service: VND 2,005,000/month;- From 19 to under 20 years of service: VND 2,085,000/month.

For further details, see Circular 138/2018/TT-BQP, effective from October 14, 2018.

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