Legal Update 06/2023
In This Update
ENTERPRISE
Foreign traders are allowed to establish branches or representative offices in Vietnam. However, what should the foreign trader choose to establish between a branch or a representative office?
In accordance with Clause 6, Clause 7, Article 3 of the Law on Commerce 2005, a branch and a representative office of the foreign trader are defined as follows:
- Vietnam-based representative office of a foreign trader means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law
- Vietnam-based branch of a foreign trader means a dependent unit of the foreign trader, which is established and conducts commercial activities in Vietnam under the provisions of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.
We should analyze on rights, and obligations…of the branch and representative office:
FINANCE – BANKING
Guidance for workers in South Korea to get loan support of VND 100 million
This is the content which is approved by the Prime Minister in the Decision No. 16/2023/QD-TTg dated June 01, 2023 on the providing loan support to make deposits in the Vietnam Bank for Social Policies for workers being policy beneficiaries who work in South Korea.
Migrant workers in South Korea may borrow up to VND 100 million to make deposits
On June 01, 2023, the Prime Minister issues the Decision No. 16/2023/QD-TTg providing loan support to make deposits in the Vietnam Bank for Social Policies for workers being policy beneficiaries who work in South Korea under South Korea’s Employment Permit System. To be specific:
INDUSTRY
By the end of 2025, 100% of street lighting systems to use LED lights
On June 08, 2023, the Prime Minister issues Directive No. 20/CT-TTg on enhancing electricity savings in the 2023-2025 period and beyond. To be specific:
LABOR – SALARY
02 cases not subject to public sector downsizing
On June 03, 2023, the Government issues the Decree No. 29/2023/ND-CP on public sector downsizing. To be specific:
03 subjects of public sector downsizing from July 20, 2023
In accordance with the Decree No. 29/2023/ND-CP dated June 03, 2023 on public sector downsizing, the Government prescribes 3 subjects of public sector downsizing from July 20, 2023.
COMMERCE
3 cases of revocation of written certifications of legal knowledge about multi-level marketing
On June 05, 2023, the Ministry of Industry and Trade issues Circular No. 12/2023/TT-BCT amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 10/2018/TT-BCT of May 24, 2018, detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities. In accordance with this Circular:
TAX – FEE – CHARGE
Increase charge rates for driving tests from August 1
According to Circular No. 37/2023/TT-BTC dated June 07, 2023, of the Ministry of Finance, prescribing the rates, collection, remittance, management and use of charge for driving tests; fee for grant of licenses or certificates of eligibility for operating all types of vehicles and fee for registration or grant of number plates for special-use vehicles, charge rates for driving tests are increased as follows:
Charge for appraisal of eligibility for provision of environmental monitoring services
On May 31, 2023, the Ministry of Finance issues Circular No. 34/2023/TT-BTC prescribing the rates, collection, remittance, management and use of the charge for appraisal of eligibility for provision of environmental monitoring services:
EXPORT – IMPORT
Guidance on declaration and submission of documents certifying the origin of exports
On May 31, 2023, the Ministry of Finance issues Circular No. 33/2023/TT-BTC prescribing the identification of origin of imports and exports. Bellows are some highlight provisions on declaration and submission of documents certifying the origin of exports from July 17, 2023:
From July 17, 2023: Inspection and identification of the origin of exports in customs clearance
On May 31, 2023, the Minister of Finance issues the Circular No. 33/2023/TT-BTC prescribing the identification of the origin of exports or imports.
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