Fresh policies come into effect from November 2022

New conditions of vehicles for driving training

The Government’s Decree No. 70/2022/ND-CP (Decree 70) on amending and supplementing a number of articles of the Decrees regulating commercial road activities takes effect on November 1, 2022.

Decree 70 amends and supplements Point a, Clause 6, Decree No. 65/2016/ND-CP stipulating conditions for the provision of driver training services and driving test services as follows:

- Having vehicles of all classes for practising driving under the lawful use right of the driver training establishment;

- Being licensed by a competent agency to practice driving;

- In case the training establishment provides the driving test service, based on the time of using the test vehicles for the purpose of the test, it is allowed to use the test vehicles to both conduct the driving test and train drivers but the number of test vehicles used to calculate training traffic must not exceed 50 percent of the number of test vehicles used for driving lessons. 

Operation conditions of NGOs

The Government’s Decree No. 58/2022/ND-CP (Decree 58) dated August 31, 2022, on registering and managing the operations of non-governmental organizations in Viet Nam, takes effect on November 1.

Especially, Decree 58 regulates that a foreign non-governmental organization that is granted an operation registration certificate must satisfy the following conditions:

- Having a valid legal status in the country or territory it was established.

- Having clear charters, principles, and goals that match Vietnam’s interests as well as needs.

- Providing details about its planned programs, projects, and non-project activities to assist development and humanitarian aid in Viet Nam in three years.

- Proposing its representative in Viet Nam (new regulations).

After receiving the complete dossier, the Committee for Foreign Non-Governmental Organization Affairs shall consult (in writing) ministries and ministerial-level agencies in charge of appraising the legal status of the dossier within one month.

Foreign exchange administration

The State Bank of Viet Nam issued Circular No. 12/2022/TT-NHNN (Circular 12) on guidelines for foreign exchange administration in respect of enterprises’ foreign borrowing and foreign debt repayment of enterprises.

Circular 12 regulates opening and use of loan accounts, and repayment of foreign debts at the institutional organizations which are permitted to operate in Viet Nam, fund withdrawal, debt repayment, and other fund transfer transactions in relation to the arrangement of foreign loans. 

Foreign exchange administration in respect of transactions relating to guarantee for foreign loans in Viet Nam, transfer of guarantee for foreign loans, reimbursement of compulsory indebtedness between borrowers, and the party of guarantee of foreign loans that are guaranteed by the Government.

The circular takes effect from November 15, 2022.

Sectors banned to public officials

The Ministry of Finance's Circular No. 60/2022/TT-BTC stipulates the list of sectors and periods that  officials with certain positions and powers must not establish or hold managerial titles or positions in many types of enterprises after being discharged from holding their positions in the sectors under the management of the Ministry of Finance.

Specifically, the Circular prescribes 11 sectors that officials with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives after being discharged from holding their position as follows: 

(i) State management of accounting and auditing, 

(ii) State management of securities and securities market, 

(iii) State management of insurance,

(iv) State management of customs, 

(v) State management of prices, 

(vi) State management of taxes, fees, charges, and other state budget revenues, 

(vii) State management of cooperating finance and management of state capital in enterprises,

(viii) State management of the national reserve,

(ix) Management of borrowing, domestic and foreign debt repayment of the Government, public debt, the foreign debt of the country and international aid sources for Viet Nam, loans and aid from Viet Nam to foreign countries, 

(x) State management of state budget, 

(xi) State management of public property.

Circular 60, issued on October 03, 2022, will take effect on November 11, 2022./.