1 of 13

CREATED BY VIETVALUE LAWFIRM

LEGAL UPDATE 02/2023

2 of 13

1. Ordinance 03/2022/UBTVQH15 of the National Assembly Standing Committee on the order and procedures for considering and deciding to apply administrative handling measures at the People's Court

JUSTICE

2. Circular 20/2022/TT-NHNN of the State Bank guiding the one-way money transfer from Vietnam to abroad

FINANCE - BANKING

3. Circular 18/2022/TT-BYT of the Ministry of Health amending and supplementing some articles of Circular 56/2017/TT-BYT detailing the implementation of the Law on Social Insurance and the Law on Safety and Hygiene workers in the medical field

4. Circular 01/2023/TT-BLDTBXH of the Ministry of Labor, Invalids and Social Affairs stipulating the adjustment of salary and monthly income for which social insurance premiums have been paid

LABOR - SOCIAL INSUARANCE

Updated text

3 of 13

5. Decree 128/2022/ND-CP of the Government amending and supplementing some articles of Decree 38/2021/ND-CP dated March 29, 2021 of the Government providing for sanctioning of administrative violations in the field of literature. Marketing and advertising have been amended and supplemented by the Government's Decree 129/2021/ND-CP dated December 30, 2021 amending and supplementing some articles of the Decrees on penalties for administrative violations. tourism sector; sport; copyright and related rights; culture and advertising

6. Circular 10/2022/TT-BNV of the Ministry of Home Affairs regulating the preservation period of documents

ADMINISTRATIVE

Updated text

4 of 13

8. Circular 41/2022/TT-BCT of the Ministry of Industry and Trade amending and supplementing a number of articles of Circular 11/2020/TT-BCT stipulating the Rules of Origin of goods in the Free Trade Agreement between Vietnam and the European Union

COMMERCE

Updated text

7. Circular 25/2022/TT-BTTTT of the Ministry of Information and Communications stipulating the determination of imported raw materials, supplies and components exempt from import tax directly serving the production of information technology products. information, digital content, software

TAX

5 of 13

Competence in consideration and decision on imposition of administrative penalties are specified as follows:

1.Ordinance 03/2022/UBTVQH15 on the order and procedures for considering and deciding to apply administrative handling measures at the People's Court

    • Be the People's Court of district where the headquarter of the agency of the person who proposes imposition of administrative penalties is located, except for case specified the applicant is the Chief of the District Police or the Director of the Provincial Police;
    • Be the People's Court of district where the offender commits violations in case the proposer is the head of district-level Police or the Director of the provincial Police according to regulations of Clause 2 Article 99, Clause 1 Article 100, Clause 2 Article 101, Clause 1 Article 102 of Law on Handling of Administrative Violations.

District People's Court:

The People’s Courts of provinces shall have competence in review of the complained, petitioned or protested decisions of the People’s Courts of districts.

The Effective Date: February 1, 2023

The Issued Date: December 13, 2022

6 of 13

Remittance of foreign currency abroad for funding and aid according to commitments and agreements between the State, Government, local authorities at all levels with foreign countries.

01

Cases where organizations are allowed to transfer foreign currencies abroad to serve the purposes of sponsorship and aid include:

2. Circular 20/2022/TT-NHNN guiding the one-way money transfer from Vietnam to abroad

Remittance of foreign currency abroad to finance and aid in overcoming consequences of natural disasters, epidemics and wars.

02

Remittance of foreign currency abroad to finance programs, funds and projects established by domestic and/or overseas organizations for the purpose of supporting and encouraging development in the following fields: culture chemistry, education, health.

03

The Effective Date: February 15, 2023

The Issued Date: December 30, 2022

7 of 13

3. Circular 18/2022/TT-BYT amending and supplementing some articles of Circular 56/2017/TT-BYT dated December 29, 2017 detailing the implementation of the Law on Social Insurance and the Law on Safety and Hygiene workers in the medical field

The Effective Date: February 15, 2023

The Issued Date: December 31, 2022

Employees will be entitled to lump-sum social insurance payout if they fall into one of the following two cases:

1) Being suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS.

2) People suffering from diseases and disabilities have a working capacity reduction of 81% or more and cannot control themselves or do not carry out daily personal activities but need someone to monitor, assist and take care of them.

8 of 13

In order to compensate for the devaluation of the currency for those paying social insurance premiums in previous periods, every year, the Ministry of Labor, War Invalids and Social Affairs adjusts the adjustment of salary and income for which social insurance premiums have been paid. (also known as the slippage coefficient).

The slippage coefficient in 2023 has significantly increased compared to 2022. The most substantial increase is the slippage coefficient calculated for the period of social insurance payment before 1995 (increasing by 0.16). Other periods were also adjusted to increase the slippage coefficient with the lowest level of 0.03 (except for 2021 and 2022 due to no increase).

4. Circular 01/2023/TT-BLDTBXH stipulating the adjustment of salary and monthly income for which social insurance premiums have been paid

The Effective Date: February 20, 2023

The Issued Date: January 03, 2023

9 of 13

5. Decree 128/2022/ND-CP amending and supplementing some articles of Decree 38/2021/ND-CP which has been amended and supplemented by Decree 129/2021/ND-CP amending and supplementing some articles of the Decree sanctioning administrative violations in the field of tourism; sport; copyright and related rights; culture and advertising

Amendment and addition of penalties for some activities:

    • Violations against regulations on prohibited contents in cinematic activities (A fine ranging from VND 40,000,000 to VND 50,000,000...)
    • Violations against regulations on prohibited acts in cinematic activities (A fine ranging from VND 10,000,000 to VND 50,000,000...)
    • Violations against regulations on film production (A fine ranging from VND 10,000,000 to VND 50,000,000...)
    • Violations against regulations on film dissemination (A fine ranging from VND 5,000,000 to VND 100,000,000...)

....

The Effective Date: February 15, 2023

The Issued Date: December 30, 2022

10 of 13

Document preservation period is the period required to keep records and documents from the year the job ends.

Some changes as well as new regulations on preservation period are as follows:

    • Planning documents: Official letter of exchange on planning the preservation period is 05 years (currently 10 years according to Circular 09/2011/TT-BNV).
    • Documents on cadres, civil servants and public employees: Dossiers on planning of cadres, civil servants and public employees (currently prescribed for cadre planning dossiers are 20 years): Planning confidence votes: 05 years; Other document components: 10 years.
    • Documents on finance and accounting: Bidding documents for regular procurement of assets, supplies and equipment. Documents on bidding, bidding and approval of bidding results, winning bids: 20 years; Non-winning bids: 05 years

6. Circular 10/2022/TT-BNV regulating the preservation period of documents

The Effective Date: February 15, 2023

The Issued Date: December 19, 2022

11 of 13

7. Circular 25/2022/TT-BTTTT stipulating the determination of imported raw materials, supplies and components exempt from import tax directly serving the production of information technology products. information, digital content, software

Raw materials, supplies and components are exempt from import tax for the production of information technology products, digital content and software that satisfy the following criteria:

Being raw materials, supplies and components directly serving the production of products on the list of software and hardware and electronic products specified in Circular No. 09/2013/TT-BTTTT and Circular No. 09/2013/TT-BTTTT and Circular No. Circular No. 20/2021/TT-BTTTT or on the list of digital content products as prescribed by the Ministry of Information and Communications.

Not on the list of machinery, equipment, raw materials, supplies and components for the telecommunications - information technology industry, digital content and software that can be produced domestically in Appendix 8 issued with Circular No. 05/2021/TT-BKHDT.

The Effective Date: February 15, 2023

The Issued Date: December 31, 2022

12 of 13

8. Circular 41/2022/TT-BCT amending and supplementing some articles of Circular 11/2020/TT-BCT dated June 15, 2020 of the Minister of Industry and Trade stipulating the Rules of Origin of goods in the Agreement Free trade between Vietnam and the European Union

The Effective Date: February 20, 2023

The Issued Date: December 30, 2022

Supplementing, replacing and abolishing a number of words and phrases in Appendix II in the 3rd column - Processing or processing stages under Point b, Clause 1, Article 4 of Circular 11/2020/TT-BCT as follows:

Replacing “or drawn from man-made filament” with “or extruded into man-made filament” of HS Headings 5309 to 5311.

Removing the footnote number 3 of HS 5907 as follows: “Weaving of fabric dyed or covered with lint… not to exceed 47.5% of the ex-works price. of the product”.

Supplementing footnote number 5 of HS Headings 6213 and 6214 with a description of the goods "-embroidered; and" as follows: "... . Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40% of the ex-works price of the product: or …”

Replacing the “… nibs and zucchini with the same Subheading as the product that can be used” with the phrase “… the nib and the ball with the same Group as the product that can be used” of Heading HS 9608.

13 of 13

Please contact us if you have any questions.

Thank you for watching!

Address: 1st Floor, No. 37 Xuan Quynh Street, Trung Hoa Ward, Cau Giay District, Hanoi, Vietnam

Tel: 0912825326

Email: info@vietvalue.co

VIETVALUE LAWFIRM