1. DECREE NO. 59/2022/ND-CP
Using a VNeID account instead of a Citizen Identity Card
Decree No. 59/2022/ND-CP (“Decree 59”) dated 05 September 2022 of the Government on electronic identification and authentication, takes effect as of 20 October 2022.
Pursuant to the provisions of Decree 59, Vietnamese citizens aged from 14 years old, foreigners entering Vietnam aged from 14 years old, and agencies and organizations established or registered to operate in Vietnam shall be granted an electronic identity account via VNeID. The electronic identity account allows the identity holder to prove the information, as well as perform administrative procedures and public administrative services in the electronic environment.
1. The registration of electronic identity accounts for Vietnamese citizens and foreigners includes two (02) levels, corresponding to different basic features:
- Level 1: Citizens who already have a chip-based Citizen Identity Card (“ID card”) and foreigners shall register for an electronic identity account via VNeID. With a level-1 account, citizens and foreigners can use it to prove basic information in activities and transactions that require providing personal information.
- Level 2: Citizens who had or haven’t had yet a chip-based ID card shall register for an electronic identity account at the Police of commune, ward, or town level or the place where ID card issuance procedures are carried out; and foreigners shall register at the Ministry of Public Security or Provincial Public Security. With a level-2 account, citizens and foreigners can use it to replace ID cards, passports, valid international travel documents, and other documents that have been synchronized into their identity accounts such as driver’s license, health insurance card, etc.
2. The registration of an electronic identity account for an organization shall be carried out by the legal representative, the head of the organization (who had a level-2 electronic identity account) via VNeID. The electronic identity account of an organization could be used to prove electronic identity when performing transactions that require proof of information and providing information in other types of documents of the organization that have been synchronized into the electronic identity account.
Thus, the application of electronic identity accounts can be considered as one of the breakthrough efforts throughout the process of building a digital government, which allows the simplification of the hard copy documents required and the convenience of performance of administrative procedures and receipt of notifications of public service settlement results.
2. CIRCULAR NO. 61/2022/TT-BTC
Determining the amount of funding for the organization of coercive inventory and enforcement of land recovery based on the actual workload
Circular No. 61/2022/TT-BTC (“Circular 61”) dated 05 October 2022 of the Minister of Finance providing guidance on the estimation, use, payment, and settlement of funds for the organization of compensation, support, and resettlement when the State recovers the land, takes effect as of 20 November 2022.
Compared with the previous provisions in Circular No. 74/2015/TT-BTC (“Circular 74”), Circular 61 has some noteworthy points as follows:
Firstly, the amount of funding for the organization of compensation, support, resettlement, and coercive inventory (“the amount of funding”) is stipulated as follows:
Case 1: For projects and sub-projects implemented in areas with difficult or extremely difficult socio-economic conditions in accordance with the law on investment; projects and sub-projects on construction of infrastructure works: The amount of funding (if any) is based on the actual workload according to the approved estimate as prescribed in Clause 1, Article 6 of Circular 61.
Case 2: For projects and sub-projects that do not fall into case 1 and do/do not require coercive inventory: The amount of funding (not including funding for organization of coercive inventory) shall constitute no more than 2% of the total cost of compensation, support, and resettlement of the project or sub-project and shall be determined based on the actual workload according to the approved estimate as prescribed in Clause 1, Article 6 of Circular 61.
Secondly, for the cost estimation process, while Circular 74 does not make a clear distinction between projects and sub-projects implemented by the Compensation, Support and Resettlement Council and projects, sub-projects to be implemented by the public non-business unit compensation organization, Circular 61 stipulates that projects and sub-projects to be implemented by the Compensation, Support, and Resettlement Council shall follow the same procedure as in the case of projects and sub-projects to be implemented in areas with difficult or extremely difficult socio-economic conditions, and projects and sub-projects to be implemented by the public non-business unit compensation organization shall follow a separate procedure.
It can be seen that the issuance of Circular 61 has removed limitations from the practice of applying the former circular, contributing to promoting the transparency and efficiency of the organization of compensation, support, and resettlement.
3. DECREE 69/2022/ND-CP
Submit an application via the online public service system when performing maritime procedures.
Decree No. 69/2022/ND-CP (“Decree 69”) dated 23 September 2022 of the Government providing amendments to Decrees on business operations in maritime sector, takes effect as of 30 November 2022.
The following are some notable amendments and modifications of Decree 69:
Firstly, supplementing the form of submission of dossier via the online public service system when performing procedures for vessel navigation route assignment. Pursuant to the former provision, a maritime pilot company is only allowed to submit the application dossiers concerning vessel navigation route assignment directly or via postal system to Vietnam Maritime Administration.
Secondly, revising the provision concerning issuance of the Certificate of eligibility for seaport operation. Decree 69, therefore, supplements the form of submission via the online public service system and also allows the submission of electronic copy or electronic copy from the original document or authenticated electronic copy of the original Enterprise Registration Certificate, Seaport Exploitation Plan.
Thirdly, reducing as well as simplifying administrative procedures in maritime business operation such as: reissuance of the Certificate of eligibility for seaport operations; issuance and reissuance of the Certificate of conformity for seafarer recruitment and supply; the opening of a port, wharf, floating terminal, or water zones; approval for a salvage plan, etc.
Thus, the provisions of Decree 69 generally contribute to the simplification and digitization of administrative procedures for maritime business operation, the reduction of time and compliance costs when carrying out such procedures, and increase effectiveness as compared with the previous.
4. CIRCULAR 12/2022/TT-NHNN
Additional cases where it is not necessary to register for changes in foreign loans.
Circular No. 12/2022/TT-NHNN (“Circular 12”) dated 30 September 2022 of the Governor of the State Bank of Vietnam (“SBV”) on guidelines for foreign exchange administration in respect of enterprise’s foreign borrowing and foreign debt repayment, takes effect as of 15 November 2022.
The following are some new notable provisions of Circular 12 compared with former provisions of Circular No. 03/2016/TT-NHNN (“Circular 03”):
Firstly, in regards to self-borrowing and self-payment loans, borrowers must monthly report online on the performance of short, medium, and long-term loans on the Website, no later than 05th date of the following month. In cases the Website encounters a technical error and cannot send the report, the borrower shall send the written report according to the form in Appendix No. 05 issued with Circular 22. Whilst, there was no such provision in Circular 03.
Secondly, Circular 22 supplements some cases of changes in loan-related content that the borrower shall notify the change on the Website without registering for changes of foreign loans with the SBV as previously stipulated in Circular 03, as follows:
- Change the commercial transaction name of the bank providing secured transactions;
- Change the plan for payment of interests and fees on the loan compared to the plan previously confirmed by the SBV but do not change the method to calculate the interests and fees specified in the loan agreement;
- Change the amount of capital withdrawal, repayment of principal, interests, and fees within 100 currency units of the foreign loan currency compared to the registered amount.
- Change of the actual amount of capital withdrawal and repayment of principal of a specific period less than the amount stated in the capital withdrawal or debt repayment plan.
Thirdly, in regard to loans subject to registration with the SBV, Circular 12 stipulates the time limit for paying the principal balance within thirty (30) working days from one (01) year after the date of capital withdraw instead of ten (10) days as stipulated in the former circular.
It can be seen that new regulations concerning foreign borrowing and repayment of enterprises are more open, which contributes to helping the business community to be more convenient and flexible when carrying out procedures relating to foreign borrowing and repayment of debt as well as reducing violations, enhancing management efficiency and creating circulating cash flow to support the economy.
5. DECREE 55/2022/ND-CP
Prohibited acts in using National database of reception of citizens
Decree No. 55/2022/ND-CP (“Decree 55”) dated 23 August 2022 of the Government prescribing National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback., takes effect as of 10 October 2022.
The following are some noteworthy contents of Decree 55:
Firstly, Decree 55 provides for prohibited acts in using National database of reception of citizens, including:
- Intentionally failing to update or updating insufficient or inaccurate information or data; falsifying information, illegally changing, deleting or destroying data in the database.
- Accessing illegally to the database.
- Operating, using and revealing information in the database or using information for personal gain.
- Destroying, vandalizing, damaging or sabotaging information infrastructure systems or obstructing the stable and continuous operation and maintenance of the database.
Secondly, Decree 55 also stipulates authorities, organizations and individuals that are entitled to request information and database, comprised of the General Secretary, the President, the Prime Minister, the Chairman/Chairwoman of the National Assembly, Board for Deputy Affairs affiliated to the National Assembly’s Standing Committee, Committees of provincial People’s Councils,..
Thirdly, the competent authorities have right to decline the information and database requested by the subjects that do not belong to Decree 55, in addition, such rejections shall be applied when there are grounds for presuming that the request is unlawful, violates regulations on protection of state secrets and personal secrets or infringes upon the legitimate rights and interests of authorities, organizations, and individuals.
Thereby, it can be seen that the provisions of Decree 55 remain the major in assisting authorities, organizations, and individuals with convenience in the management, exploitation, and use of National database of reception of citizens, processing of submissions, and handling of complaints, denunciations, petitions, and feedback. Simultaneously, Decree 55 also dignifies responsibilities of competent authorities, organizations, and individuals in operating information for management, and exploitation.
6. DECREE 53/2022/ND-CP
Enterprises must store the data of service users in Vietnam
Decree No. 53/2022/ND-CP (“Decree 53”) dated 15 August 2022 of the Government that promulgates on elaborating a number of Articles of the Law on Cybersecurity, takes effect as of 01 October 2022.
These are some prominent points of Decree 53:
1. The storage of data
Decree 53 prescribes kinds of data to storage in Vietnam and entities must storage the data.
Accordingly, data subject to storage in Vietnam including :
- Data on personal information of service users in Vietnam;
- Data created by service users in Vietnam: account names, service use time, information on credit cards, emails, IP addresses of the last login or logout session, and registered phone numbers
- Data on relationships of service users in Vietnam: friends and groups such users have connected or interacted with.
Entities must storage the data, consisting:
- Domestic enterprises
- Foreign enterprises have business operations in Vietnam which belongs to these fields: internet services, provide domain name, electronic commerce, electronic payment, social network and social media, game, etc
2. In cases that apply measures of requesting the removal of information
Decree 53 expressly stated the procedures for apply measures of requesting the removal of information in cyberspace. Accordingly, cases that applies such measures including:
- Information is identified by competent agencies to have contents that infringe upon national security, disrupt public security;
- There is a legal basis to identify information with humiliating or slanderous content; infringing upon the economic management order; fabricating, falsely causing confusion among the people, causing serious damage to socio-economic activities to the extent that information must be deleted;
- Other information with contents specified at Points c, dd, and e, Clause 1, Article 8 of the Law on Cybersecurity.
3. Regarding the application of measures to request suspension, temporary suspension, and revocation of domain names.
Decree 55 also prescribes procedures for taking measures to the suspension, temporary suspension, or request for termination of operations of information systems, revoke domain names shall comply with two (02) situations, namely:
- There are documents proving the operation of the information system is violating laws on national security and cybersecurity;
- The information system is currently used for purposes of infringing upon national security and social order and safety.
Thereby, it can be seen that, issued in the context of strong development of activities in cyberspace and having a lot of influence on economic and social life more and more clearly. Decree 53 plays the role of concretizing the provisions of the Law on Cybersecurity aims to improve the effectiveness of implementing cybersecurity policies, contribute to ensuring healthy cyberspace, and protect national interests and the legitimate interests of individuals, and organizations when participating in cyberspace.
