LEGAL UPDATE VOL 36 (FEBRUARY 2022)

LEGAL UPDATES VOL 36, FEBRUARY 2022

LEGAL UPDATES

VOL 36, FEBRUARY 2022

Dear Valued Clients and Partners,

ADK Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 36 of February 2022 with new legal provisions with notable contents as follows:

1. Pausing the temporary import and re-export business of medical masks, medical gloves and anti-epidemic uniforms

On January 18, 2022, the Minister of Industry and Trade issued Circular No. 03/2022/TT-BCT on pausing the temporary import and re-export business of medical masks, medical gloves, and anti-epidemic uniforms.

Accordingly, this Circular regulates a number of notable contents as follows:

(i) Pausing the business of temporary import and re-export of medical masks, medical gloves, and anti-epidemic uniforms stated in the list of Appendix issued with Circular No. 03/2022/TT-BCT includes:

Chapter 39: Code 3926.20.90 (Item description: Medical gloves);

Chapter 40: Code 4015.11.00 (Item description: Medical gloves); Code 4015.19.10 (Item description: Medical gloves);

Chapter 62: Code 6210.10.90 (Item description: anti-epidemic uniform includes: gown, glasses, medical mask, helmet, gloves, and shoes);

Chapter 63: Code 6307.90.40 (Item description: Medical masks); Code 6307.90.90 (Item description: Medical masks);

(ii) For consignments of medical masks, medical gloves and anti-epidemic uniforms processed customs procedures for temporary import from 1 January 2022 to 15 March 2022, shall be re-exported in accordance with provisions of Decree No. 69/2018/ND-CP.

Circular No. 03/2022/TT-BCT shall take effect from 15 March 2022 to 31 December 2022.

2. The Government has just issued Decree No. 17/2022/ND-CP amending Decree amending and supplementing to several articles of Decrees on penalties for administrative violations in the field of chemicals and industrial explosive materials; electricity, safety of hydroelectric dam, thrifty and effective use of energy; commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights

On January 31, 2022, the Government issued Decree No. 17/2022/ND-CP amending Decree amending and supplementing to several articles of Decrees on penalties for administrative violations in the field of chemicals and industrial explosive materials; electricity, safety of hydroelectric dam, thrifty and effective use of energy; commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Accordingly, this Decree amends and supplements a number of notable contents as follows:

(i) For the Decree No. 134/2013/ND-CP dated 17 October 2013 regulations on sanction against administrative violation in the field of electricity, safety of hydroelectric dam, thrifty and effective use of energy: Supplementing the scope of Decree No. 134/2013/ND-CP a number of provisions as follows:

- Regulation on designing, building and construction, accepting, and commissioning of electric works;

- Regulation on electricity safety: the implementation of safety measures when building electric works; operating, repairing, and maintaining electric factory, power transmission lines, substation, and electric equipment; inspecting electric equipment, tools and materials; electric usage in business, production, and daily life;

- Regulations on energy usage norms in production and business;

- Regulation on reporting regime of energy usage and purchase of entity using the state budget;

(ii) For the Decree No. 99/2020/ND-CP dated 26 August 2020 penalties for administrative violations against regulations on petroleum, and petrol, oil and gas trading: Supplementing Article 4 of this Decree regarding the identification of ended administrative violation, ongoing administrative violation, and repeated administrative violations, specifically as follows:

- The ended administrative violation, and ongoing administrative violation shall be identified in accordance with Decree No. 118/2021/ND-CP dated 23 December 2021 elaborating on a number of articles and measures for the implementation of the law on handling administrative violations;

- Violating for repeated administrative violations:

• If the individual or organization commits administrative violations several times, that will be applied as aggravating circumstances for the authority figure of sanction of administrative violations to consider and issue a sanctioning decision of administrative violations, except for the provisions of point b of this clause.

• For administrative violations are stated for sanctioning pursuant to the value, quantity, volume or type of material evidences and/or means of administrative violations in this Decree, the individual, organization commit administrative violations several times shall be sanctioned for each violation act and the authority figure of sanction of administrative violations shall not apply the aggravating circumstances of repeated violations when making sanctioning decision of administrative violations for each violation act.

Decree No. 17/2022/ND-CP shall take effect from 31 January 2022.

3. Supplementing

Ministry of Planning and Investment has just issued Circular 02/2022/TT-BKHĐT on guidelines for supervision, inspection, and assessment of foreign investments in Vietnam supplementing

Accordingly, this Circular supplements a number of notable contents, as follows:

(i) For the inspection of foreign investments in Vietnam, supplementing circumstances to Ad hoc inspection pursuant to Article 10.2: “Ad hoc inspections shall occur on case basis according to management demands and actual circumstances or upon request with regard to difficulties that ensue during the implementation of investment activities or of legal regulations and policies on foreign investment or there are signs of violations in investment of foreign-invested enterprises and foreign-funded project”;

(ii) For the provision of methods of investment inspection, removing some methods of investment include through reporting, through partial and full reviews, and through meetings pursuant to Article 11, specifically as follows:

- Competent authorities shall conduct inspections by the following methods according to actual conditions and contents:

• Through the National system of foreign investment information;

• Through work sessions with organizations being inspected;

• Through inspection teams or delegations;

- An inspection may occur via one or various methods above to attain the highest efficiency according to specific missions.

Circular No. 22/2022/TT-BKHDT shall take effect from 01 April 2022 replacing Circular No. 09/2016/TT-BKHDT.

We hope you found this brief legal update informative.

Kind regards./.

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