The Vietnamese government has recently issued several important decrees and circulars. Decree 147/2024/ND-CP requires foreign entities providing cross-border information to comply with local laws, including notifying the Ministry of Information and Communications and submitting reports. Decree 153/2024/ND-CP mandates environmental protection fees for emissions starting January 5, 2025. Circular 27/2024/TT-BCT outlines criteria for evaluating bid dossiers for energy projects. Decree 152/2024/ND-CP amends procedures for disposing of properties subject to judgment enforcement. Lastly, Decree 143/2024/ND-CP allows employees without labor contracts to participate in voluntary labor accident insurance.
1. New Decree on Internet services
On 9 November 2024, the Government issued Decree 147/2024/ND-CP (“Decree 147”) on management, provision and use of Internet services and online information. Decree 147 will take effect from 25 December 2024 and repeal Decree 72/2013/ND-CP dated 15 July 2013 (as amended). Some key issues of Decree 147 are described as follows.
Cross-border provision of information
In general, foreign organisations, enterprises and individuals that provide cross-border information to users in Vietnam must comply with Decree 147 and the relevant laws of Vietnam.
There are specific requirements applicable to cross-border information providers that lease space for data storage in Vietnam or have total visits of at least 100,000 from Vietnam per month. These requirements include, among others:
- notifying contact information to the Ministry of Information and Communications (MIC) within 60 days from the date of leasing space for data storage in Vietnam or reaching the 100,000 visit threshold;
- at the request of the MIC, the Ministry of Public Security (MPS) and other competent authorities, blocking and removing information, services and applications that violate Article 8 of the Law on Cyber Security and relevant laws;
- classifying and warning contents that are unsuitable for children; and
- submitting annual reports (on or before 25 November of each year) or ad-hoc reports as requested by the MIC.
The notification of contact information (made in Form No. 10 attached to Decree 147) shall be sent to the Authority of Broadcasting and Electronic Information (ABEI) under the MIC. Within 10 days upon receipt of the notification, the ABEI shall send a certificate of notification of contact information to the cross-border information provider.
Social network services
Social networks are categorized into (i) foreign social networks which are provided across borders by foreign organisations, enterprises and individuals, and (ii) domestic social networks which are provided by organisations and enterprises having legal entity status in Vietnam.
Decree 147 states that the management of foreign social networks shall be implemented in accordance with its Article 23 (cross-border provision of information).
Domestic social networks include social networks with large unique visitors (i.e. having total visits of at least 10,000 per month or having at least 1,000 active users per month) and social networks with small unique visitors. In order to provide social network services in Vietnam, domestic oganisations and enterprises must obtain a licence for social network provision from the MIC (for social networks with large unique visitors) or a certificate of notification of social network provision from the ABEI (for social networks with small unique visitors), and must satisfy the conditions thereof. The ABEI will identify when the 10,000 visit threshold or the 1,000 user threshold is reached and notify the relevant service providers to submit application dossiers for licences for social network provision.
To further control livestreaming and revenue generating services, Decree 147 states that only domestic social networks that have obtained a licence for social network provision, or foreign social networks that have notified contact information to the MIC are allowed to provide livestreaming and revenue generating services.
Multi-service platforms
Decree 147 introduces the term of “multi-service platform” which is a platform providing and/or integrating multiple services into one website or one application. When providing social network services and other specialised services in conditional business sectors, multi-service platforms must obtain the necessary permissions for provision of social network services and those for provision of specialised services.
Other issues
Decree 147 sets out the responsibilities of telecom enterprises, service providers, and other organisations and individuals relating to information provided in cyberspace to ensure compliance with the cybersecurity requirements. For example, telecom enterprises, service providers and other relevant enterprises must block and/or remove offending information at the request of the MIC, MPS and other competent authorities within the timelines stipulated in this Decree.
Decree 147 also provides for registration, use and revocation of domain name “.vn”, Internet addresses and network codes; and management of electronic online games.
2. Environmental protection fees for emissions
On 21 November 2024, the Government issued Decree 153/2024/ND-CP (“Decree 153”) providing for environmental protection fees for emissions. Decree 153 takes effect from 5 January 2025. Below are some key points of Decree 153.
Fee payers
Starting from 5 January 2025, projects and business establishments that require environmental permits (with permission for discharging emissions), and discharge into the environment industrial dust and emissions which must be treated (collectively “discharging establishments”) must pay environmental protection fees for emissions.
These establishments include: (a) establishments manufacturing cast-iron, steel and conducting metallurgy (except rolling, spinning or founding metals from steel billets); (b) establishments producing in-organic basic chemicals (except industrial gases), in-organic fertilisers and nitrogen compounds (except mixing, extracting and packaging), chemical insecticides (except mixing and extracting); (c) oil refinery and petrochemical plants; (d) establishments recycling and treating domestic solid wastes, normal industrial wastes, hazardous wastes; using imported scraps as production materials; (dd) establishments producing coke coal, producing coal gases; (e) thermal power plants; (g) cement plants; and other establishments discharging industrial dust and emissions.
How to calculate the fees
Discharging establishments required to conduct emission monitoring (as prescribed under the Law on Environmental Protection 2020 and Decree 08/2022/ND-CP dated 10 January 2022), irrespective of automatic and continuous monitoring or periodical monitoring, shall pay the environmental protection fees for emissions in accordance with the following formula:
F = f + C, where:
F – the amount of the fee payable;
f – the fixed fee of VND3,000,000 per year;
C – the variable fee which is the total variable fees of each emission current (Ci). The calculation of (Ci) shall be based on the total volume of pollutants in each emission current, flow of emission discharge, time of discharge, concentration of pollutant, and the level of charge on each pollutant (VND800/ton for dust and NOx, VND700/ton for SOx, and VND500/ton for CO).
According to Decree 153, the variable fee does not apply to discharging establishments which are not required to conduct emission monitoring. Such establishments shall pay the fixed fee of VND3,000,000 per year.
Payment of fees
The agency in charge of collection of the environmental protection fees for emissions is the provincial Department of Natural Resources and Environment or Office for Natural Resources and Environment at district level. Discharging establishments required to conduct emission monitoring shall declare and pay the fees on a quarterly basis. They shall, no later than the 20th day of the first month of the following quarter, submit a fee declaration and pay the fees to the fee collector; and pay an additional fee (if any) set out in the notice issued by the fee collector.
For discharging establishments not required to conduct emission monitoring, such fees shall be paid annually within the deadline provided under Decree 153.
3. Bidding guidelines
On 21 November 2024, the Ministry of Industry and Trade (MOIT) issued Circular 27/2024/TT-BCT (“Circular 27”) on criteria for evaluation of bid dossiers, and forms of bidding dossiers for selection of investors for energy projects. Circular 27 takes effect from the date of signing.
Circular 27 provides more detailed guidance on criteria for evaluation on investment efficiency for development of the electricity industry as stipulated in Article 49.2 of Decree 115/2024/ND-CP, and criteria for technical evaluation for energy projects as stipulated in Article 47.1(m) of Decree 115/2024/ND-CP.
The criteria for evaluation on investment efficiency for development of the electricity industry requires the electricity ceiling price in the bidding dossier to be below the maximum price of the electricity generation price bracket applicable to the type of power source issued by the MOIT. Procuring entities must agree with power purchasers (EVN and EVN’s Power Corporations) about the principles of determination of the electricity ceiling price. Circular 27 establishes the main principles that the concerning parties should meet in determining the electricity ceiling price such as the internal rate of return (IRR) not exceeding 12%.
Forms of notice of invitation for expression of interest, and dossier of invitation expression of interest are presented in Annex I while forms of bidding dossiers are presented in Annex II of Circular 27. With respect to energy projects for which the bidding dossiers have not been issued or the bidding dossiers have been issued but the bid has not been closed, then the bidding dossiers must be formulated in accordance with the provisions of Circular 27.
4. Enforcement of civil judgments
The Government issued Decree 152/2024/ND-CP (“Decree 152”) dated 15 November 2024 amending Decree 62/2015/ND-CP dated 18 July 2015 (as amended) on enforcement of civil judgments. Decree 152 will take effect from 1 January 2025.
Decree 152 supplements provisions on procedures for disposal of properties subject to judgment enforcement being securities, shares and capital contributions. It sets out separate procedures for (i) disposal of securities which are currently listed or registered for trading on the stock exchange; (ii) disposal of securities which have been registered centrally at the Vietnam Securities Depository and Clearing Corporation but not listed or registered for trading; and (iii) disposal of other types of securities, shares and capital contributions.
Decree 152 contains other amendments to resolve obstacles in the enforcement of civil judgments and decisions, and to simplify the enforcement procedures. These amendments include, among others: allowing enforcement officers to verify judgment enforcement conditions via the national databases; and adding provisions on cancellation of the auctioned asset sale and purchase contract (in case of auction of assets involved in judgment enforcement).
5. Voluntary labour accident insurance
The Government issued Decree 143/2024/ND-CP (“Decree 143”) dated 1 November 2024 regulating voluntary labour accident insurance for employees working without a labour contract. Decree 143 will take effect from 1 January 2025.
Employees working without a labour contract may participate in the voluntary labour accident insurance under Decree 143. Those employees may register with the social insurance agency to make payment of voluntary insurance every 6 months or every 12 months. The contributions made by the participants shall be equal to 6% or 12% of the monthly minimum salary in Region IV (fixed by the Government from time to time) for 6-month payment or 12-month payment, respectively.
Subject to certain conditions, employees participating in voluntary labour accident insurance are entitled to the following benefits: assessment of the level of working capacity decrease, and labour accident allowances. If an employee suffers an injury, decreases his/her working capacity or dies as a result of a labour accident, the relevant social insurance agency shall be responsible for paying expenses for assessment of the level of working capacity decrease, and labour accident allowances.