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THE
NATIONAL ASSEMBLY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 03/2022/QH15
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Hanoi,
January 11, 2022
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LAW
ON AMENDMENTS TO CERTAIN ARTICLES OF THE LAW ON PUBLIC
INVESTMENT, THE LAW PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, THE LAW ON
INVESTMENT, THE LAW ON HOUSING, THE LAW ON PROCUREMENT, THE LAW ON ELECTRICITY,
THE LAW ON ENTERPRISES, THE LAW ON SPECIAL EXCISE DUTIES AND THE LAW ON CIVIL
JUDGMENT ENFORCEMENT
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on amendments to certain articles of the Law on Public
Investment No. 39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and
the Law No. 72/2020/QH14; the Law on Public-Private Partnership Investment No.
64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the
Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by
the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the
Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by
the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14
and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11,
which is amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law
on Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No.
27/2008/QH12, which is amended by the Law No. 70/2014/QH13, Law No.
71/2014/QH13 and the Law No. 106/2016/QH13; the Law on Civil Judgment
Enforcement No. 26/2008/QH12, which is amended by the Law No. 64/2014/QH13, Law
No. 23/2018/QH14 and the Law No. 67/2020/QH14.
Article 1.
Amendments to certain articles of the Law on Public Investment
1. Certain points and clauses of
Article 17 shall be amended as follows:
a) Points b and c clause 4 shall be
amended as follows:
“b) Public investment
programs and group-A projects using ODA borrowings and preferential borrowings
from foreign sponsors, except national target programs and public investment
programs specified in clause 1 and 2 of this Article;
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b) Point d clause 4 shall be
annulled;
c) Clause 5a shall be added to
clause 5 as follows:
“5a. Ministers and Heads of central
regulatory agencies shall be accorded authority to make decisions on policies
for investment in group-B and group-C projects using ODA funds and other
preferential borrowings from foreign sponsors, and make
decisions on approval for technical assistance projects using ODA funds and
other preferential borrowings from foreign sponsors to prepare the projects
under their management, except for the projects mentioned in clause 4 hereof.
Provincial-level People’s Councils
shall be accorded authority to make decisions on policies for investment in
group-B and group-C projects using ODA funds and other preferential borrowings
from foreign sponsors and make decisions on approval for technical assistance
projects using ODA funds and other preferential borrowings from foreign
sponsors to prepare the projects under their management, except for the
projects mentioned in clause 4 hereof.
The government shall stipulate
procedures for making decisions on policies for investment in projects, making
decisions on approval for technical assistance projects prescribed in this
clause.”.
2. Clause 8 Article 25 shall be
amended as follows:
“8. As for public investment
programs or projects put under the Prime Minister’s decision-making authority
as provided in point b and c of clause 4 of Article 17 herein, procedures and
processes for granting investment policy decisions shall be subject to the
following regulations:
a) Governing body sends the
Ministry of Planning and Investment an investment policy recommendation report;
b) Ministry of Planning and
Investment presides over evaluating the submitted investment policy
recommendation report, funding sources and capital balancing capacity before
making representations to the Prime Minister;
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3. Clause 4 Article 82 shall be
amended as follows:
“4. Grant decisions on
policies for investment in projects as per clause 5 and clause 5a Article 17
herein and decisions on investment in projects as per clause 2 of Article 35
herein.”.
4. Clause 1 Article 83 shall be
amended as follows:
“1. Make decisions on
policies for investment in public investment programs and projects as
prescribed in clauses 5a, 6 and 7 of Article 17 herein.”.
Article 2.
Amendment to point b clause 2 Article 12 of the Law on Public - Private
Partnership Investment
Point b clause 2 Article 12 shall
be amended as follows:
“b) Having total investment
equivalent to that in Group A projects in accordance with the law on public
investment and using one or certain sources of funds as follows: central budget
capital managed by ministries or central agencies or using ODA loans and
preferential loans from foreign sponsors;
Article 3.
Amendments to certain articles of the Law on Investment
1. Point g shall be amended and
point g1 shall be added to point g clause 1 Article 31 as follows:
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g1) Investment projects regardless
of the area of land used or population within the safety perimeter of relics of
level I recognized by the competent authority as the national and special
national relics; or within the safety perimeter of relics of level II
recognized by the competent authority as the special national relics under the
World Heritage List;”.
2. Point b shall be amended and
point b1 shall be added to point b clause 1 Article 32 as follows:
“b) Investment projects on
construction of residential housing (for sale, lease or lease purchase) and
urban areas that use less than 300 hectares of land or with a population of
less than 50,000 people;
b1) Investment projects regardless
of the area of land used or population within the safety perimeter of relics of
level II recognized by the competent authority as the national and special
national relics; except for the special national relics under the World
Heritage List; investment projects
regardless of the area of land used or population within a restricted
development area or within an historic inner area (determined in accordance
with urban area planning projects) of a special urban area;”
3. Point g shall be added to point
e clause 3 Article 33 as follows:
“g) Assessment of the
suitability of the investment project with the requirements of protecting and
promoting the value of cultural heritage and the conditions prescribed by the
law on cultural heritage.”.
4. Point c clause 1 Article 75
shall be annulled.
5. Add the business line No. 132a
to No. 132 of Appendix IV List of conditional business lines as follows:
NO.
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132a
Trading in cybersecurity products
and services (excluding trading in cybersecurity products and services and trading
in civil cryptographic products and services)
Article 4.
Amendments to clause 1 Article 23 of the Law on Housing
Clause 1 Article 23 shall be
amended as follows:
“1. Obtain legal land use
right under any case specified in point a, point b of this clause and the land
used for construction of commercial housing is deemed compliant with the land
use planning/plan approved by the competent regulatory agency as per land law,
except for the case subject to land appropriation by State for national defense
and security purposes, land appropriation for socio-economic development, in
the interests of the nation, public and other land appropriation cases as per
the law;
a) Obtain the right to use
residential land;
b) Obtain the right to use
residential land and other types of land other than residential land that meet
eligibility requirements for change in purpose of land use for execution of the
project.
After the competent authority
grants an approval for investment policy and approval for the investor as per
the investment law, the investor shall apply for change in purpose of land use
if so required by the project and fulfill the financial obligations as per the
land law.”.
Article 5.
Amendments to certain articles of the Law on Procurement
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“Article 33a. Procedures
to be done in advance for projects using official development assistance,
concessional loans
1. The preparation, submission,
appraisal and approval of the plan for selection of preferred bidder, bidding
documents, request for proposals, determination of short lists for procurement
activities of projects using official development assistance, concessional
loans shall be done before the conclusion of international treaties,
international agreements on official development assistance, concessional
loans.
2. The Government shall elaborate
this Article.”.
2. Point c
clause 1 Article 34 shall be amended as follows:
“c) International treaties,
international agreements regarding projects using official development
assistance, concessional loans, except as provided in Article 33a of this
Law;”.
Article 6.
Amendments to certain articles of the Law on Electricity
1. Clause 2 shall be amended and
clause 2a shall be added to clause 2 Article 4 as follows:
“2. To build up and develop
the electricity market on the principle of publicity, equality, fair
competition with the State's regulation to raise efficiency in electricity
activities; to ensure the legitimate rights and interests of electricity units
and electricity-using customers; to attract all economic sectors to participate
in investment in the construction of transmission power grids on the basis of
ensuring national defense and security and according to the power development
plan, electricity generation, electricity distribution, electricity
wholesaling, electricity retailing and/or specialized electricity
consultancy.
Non-state economic sectors are
allowed to operate the transmission power grid built by themselves.
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a) National electric system
regulation;
b) Construction and operation of
big power plants of particularly important socio-economic, defense or security
significance;
c) Operate power grids, except for
the transmission power grid built by non-state economic sectors.”.
2. Certain points shall be added to
clause 1 and clause 2 Article 40 as follows:
a) Point d1 shall be added to point
d clause 1 as follows:
“d1) Connect to the
transmission grid built by economic sectors when meeting technical conditions
and standards;”;
b) Point h1 shall be added to point
h clause 2 as follows:
“h1) Ensuring that the
organizations and individuals that build their transmission power grid may have
the right of connection to that grid; in case of refusal, it shall comply with
the provisions of the Minister of Industry and Trade;”.
Article 7.
Amendments to certain articles of the Law on Enterprises
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“Article 49. Rights of
members of the company
1. A member of the company has the
following rights:”.
2. The name of Article 50 shall be
amended as follows: <0}
“Article 50. Obligations
of members of the company”.
3. Certain points and clauses of
Article 60 shall be amended as follows:
a) Point e clause 2 shall be
amended as follows:
“e) Full names and comments
of participants who disagree with the ratification of the minutes (if any);”;
b) Clause 3 shall be amended as
follows:
“3. In case the chair and the
minute taker refuse to sign the minutes, they will be effective if they are
signed by the other members of the Board of Members and contain all information
prescribed in Points a, b, c, d, dd and e Clause 2 of this Article. The
minutes shall clearly state the reasons why the chair and the minute taker
refuse to sign them. The persons who sign the minutes are jointly
responsible for the accuracy and truthfulness of the minutes. The chair and
minute taker shall take personal liability for the damage caused to the
enterprise by refusing to sign the meeting minutes in accordance with this Law,
the company's charter and relevant laws.”
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“d) The mid-year financial
statement, including the financial statement of the parent company and the
consolidated financial statement (if any); these documents must be disclosed
before July 31;”.
5. Clause 1 and clause 2 Article
148 shall be amended as follows:
“1. A resolution on one of the
following issues will be ratified if it is voted for by a number of
shareholders that represent at least 65% (a specific ratio shall be specified
in the company's charter) of votes of all attending and voting shareholders,
except for the cases specified in Clauses 3, 4 and 6 of this Article:
a) Types of shares and quantity of
each type;
b) Change of the company’s business
lines;
c) Change of the company’s
organizational structure;
d) Investment or sale of assets
that are worth at least 35% of the total assets written in the latest financial
statement, unless another ratio or value is specified in the company's charter;
c
dd) Reorganization or dissolution
of the company;
e) Other issues specified in the
company's charter.
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6. Clause 2 Article 158 shall be
amended as follows:
“2. In case the chair and the
minute taker refuse to sign the minutes, they will be effective if they are
signed by the other members of the Board of Members and contain all information
prescribed in Points a, b, c, d, dd and e Clause 1 of this Article. The
minutes shall clearly state the reasons why the chair and the minute taker
refuse to sign them. The persons who sign the minutes are jointly
responsible for the accuracy and truthfulness of the minutes. The chair and
minute taker shall take personal liability for the damage caused to the
enterprise by refusing to sign the meeting minutes in accordance with
this Law, the company's charter and relevant laws."
7. Clause 5 Article 217 shall be
amended as follows:
“5. Pursuant to this Law, the
Government shall provide for management and operation of enterprises that
operates in the field of defense or both defense and business which are
state-owned enterprises and limited liability companies that the state-owned
enterprises specified in clause 2 Article 88 of this Law wholly hold their
charter capital.”.
Article 8.
Amendment to point g clause 4 section I of the Excise Tariff Schedule in
Article 7 of the Law on special excise tax
Point g clause 4 section I of the
Excise Tariff Schedule in Article 7 shall be amended as follows:
NO.
Goods
or services
Tax
rate
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g) Electrically-operated cars
(1) Battery-powered
electric cars
- Passenger
cars of 9 seats or fewer
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3
+ From March 1, 2027
11
- Passenger cars of between 10
seats and under 16 seats
+ From March 1, 2022 to February
28, 2027
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+ From March 1, 2027
7
- Passenger cars of between 16 seats
and under 24 seats
+ From March 1, 2022 to February
28, 2027
1
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+ From March 1, 2027
4
- Cars for both passenger and
cargo transportation
+ From March 1, 2022 to February
28, 2027
2
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7
(2) Other
electrically-operated cars
- Passenger
cars of 9 seats or fewer
15
- Passenger cars of between 10
seats and under 16 seats
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- Passenger cars of between 16
seats and under 24 seats
5
- Cars for both passenger and
cargo transportation
10
Article 9.
Certain articles of the Law on Enforcement of Civil Judgments
1. Article 55 shall be amended as
follows:
“Article 55. Entrustment
of judgment enforcement and entrustment of handling assets
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a) Entrust judgment enforcement to
civil judgment enforcement agencies in localities where judgment debtors have
their assets, work, reside or are based after completion of the handling of
assets temporarily held, seized or distrained in localities related to
entrusted sums of money, except for the case in point b of this clause.
In case of entrusted performance of
asset-related obligations, entrust the performance to the civil judgment
enforcement agency in the locality where the judgment debtor has
his/her assets; if the locality where assets exist cannot be identified,
the performance shall be entrusted to the civil judgment enforcement agency in
the place where the judgment debtor works, resides or is based.
In case of performance of a joint
obligation, if the judgment debtor has assets, works, lives or is based in
different localities, entrust the whole judgment enforcement obligation to the
civil judgment enforcement agency in a locality where the judgment debtor has
sufficient income/asset for judgment enforcement;
b) Entrust judgment enforcement in
relation to secured asset based on the judgment or decision to the civil
enforcement agency in the place where the asset is located.
2. The civil enforcement agency may
handle assets in their locality and also entrust the handling of assets to
civil enforcement agencies in localities where the assets subject to distraint
or freezing under courts’ judgments or decisions are located or handle assets
which are located in different localities.".
2. Article 56 shall be amended as
follows:
“Article 56. Competence to
entrust judgment enforcement and handling of assets
1. Provincial-level civil
enforcement agencies may entrust the judgment enforcement and handling of
assets:
a) Entrusting to provincial-level
civil enforcement agencies in other localities the enforcement of judgments and
decisions on re-employment of laborers or payment of compensations for damage
whereby judgment debtors are provincial-level or central state agencies;
judgments and rulings involving foreign elements or related to intellectual
property rights; awards of commercial arbitrations; decision on handling of a
competition case of Chairman of the National Competition Commission, the
Council for Handling of Anti-Competition Cases, decision on handling complaint
against decision on handling competitions case of Chairman of the National
Competition Commission, anti-competitive complaint handling council;
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c) Entrusting to district-level
civil judgment enforcement agencies the enforcement of other judgments and
rulings, except the cases specified at Points a and b of this Clause.
2. District-level civil judgment
enforcement agencies may entrust judgment enforcement or handling of assets of
cases falling under their judgment enforcement competence to provincial-level
civil judgment enforcement agencies in other localities, military zone-level
judgment enforcement agencies or other district-level judgment enforcement
agencies.
3. Military zone-level judgment
enforcement agencies may entrust cases falling under their judgment enforcement
competence to other military zone-level judgment enforcement agencies,
provincial-level or district-level civil judgment enforcement agencies.”.
3. Article 57 shall be amended as
follows:
“Article 57. Procedures for
entrusting judgment enforcement and handling of assets
1. Procedures for entrusting
judgment enforcement:
a) Within 5 working days after the
date of identification of grounds for entrustment, the head of civil judgment
enforcement agency shall issue a judgment enforcement decision. In case of
enforcement of a court decision on application of provisional urgent measures,
the entrustment shall be made within 24 hours since the grounds for entrustment
are obtained. In case the entrustment is deemed necessary after an enforcement
warrant was granted, a revocation decision is required to revoke a part or the
whole of the enforcement warrant.
Dossier of entrustment of judgment
enforcement includes a decision on entrustment of judgment enforcement; the
judgment or decision or copies thereof in case of entrustment to varied places,
or under point b clause 1 Article 55 of this Law; copy of the record of
distraint or lien on property and relevant documents, if any;
b) Within 5 working days after
receiving the entrustment decision, the head of the entrusted civil enforcement
agency shall make an enforcement warrant and communicate in writing to the
entrusting civil enforcement agency. In case of enforcement of decision on
application of provisional emergency measures, the enforcement warrant shall be
granted immediately.
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a) The head of civil enforcement
agency makes a decision on entrustment of handling assets.
The dossier of entrustment of
handling assets includes a decision on entrustment of handling assets; a copy
of judgment or decision; decision on judgment enforcement and other relevant
documents, if any:
b) Within 5 working days after
receiving the decision on entrustment of handling assets, the head of entrusted
civil enforcement agency shall make a decision on entrustment of handling
assets, designate an executor to enforce the judgment and give a written notice
to the entrusting civil enforcement agency.
The executor shall, based on the
enforcement warrant, enforcement result performed by the entrusting civil
enforcement agency and decision on entrustment of handling assets, further
carry out procedures for handling assets as per this Law;
c) Within 5 working days from the
date on which the asset is delivered to the highest bidder at an auction or the
person who receives the asset as a deduction from the amount owed on the money
judgment, the entrusted civil enforcement agency that is entrusted to handle
the asset shall transfer the proceed obtained to the entrusting civil
enforcement agency for making payment as prescribed in Article 47 of this Law,
after deducting the cost of enforcing the judgment, and give a written notice
to the entrusting civil enforcement agency;
d) The entrusting civil enforcement
agency shall take full responsibility for the enforcement process, except for
handling of asset performed by the entrusted civil enforcement agency.
If the value of the asset or the
proceed obtained from the asset once it is auctioned off is sufficient to pay
off the amount owed by the judgment debtor and relevant costs or a decision on
delay or suspension of judgment enforcement is made, the entrusting civil
enforcement agency shall promptly notify the entrusted civil enforcement agency
in writing to suspend the handling of remaining assets. The handling of assets
will proceed further if it is so notified by the entrusting civil enforcement
agency.
If the amount owed on the money
judgment and relevant cots are fully paid off or a decision on delay or
suspension of judgment enforcement is made, the entrusting civil enforcement
agency shall promptly notify the entrusted civil enforcement agency in writing
to stop the handling of remaining assets, and release the distrained asset as
per this Law. The entrusting civil enforcement agency shall pay for the cost of
judgment enforcement before termination of handling assets to the entrusting
civil enforcement agency as prescribed in clause 1 and clause 2 Article 73
hereof;
dd) The entrusted civil enforcement
agency shall comply with regulations on handling assets, promptly send a
written notice of asset valuation result, auction time, handling asset result
to the entrusted civil enforcement agency; suspend or stop the handling asset
as required by the entrusting civil enforcement agency.
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Article 10.
Entry in force
This Law comes into force as of
March 1, 2022.
Article 11.
Transitional provision
1. Regarding public projects of
group B, group C using ODA funds and other preferential borrowings from foreign
sponsors that the Prime Minister approves the investment policy before the date
of entry into force of this Law and the case in clause 2 of this Article, the
agency or person accorded authority to make decisions on investment policy
specified in Article 1 of this Law is also accorded authority to adjust the
investment policy.
2. Regarding public projects of
group B, group C using ODA funds and other preferential borrowings from foreign
sponsors that complete procedures for preparation, appraisal and obtain a
written appraisal that forms the basis for decision on investment policy or
adjustment to investment policy as prescribed in Article 25 and Article
34 of the Law on Public Investment No. 39/2019/QH14 amended by Law No.
64/2020/QH14 and Law No. 72/2020/QH14 before the date of entry into force of
this Law, they will continue to seek decision from the Prime Minister as per
the Law on Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14
and Law No. 72/2020/QH14
3. From the date of entry into
force of this Law, with regard to valid applications for approval for or
adjustment to investment guidelines regarding investment projects on
construction of residential housing (for sale, lease or lease purchase) and
urban areas subject to approval for investment guidelines of the Prime Minister
as prescribed in Article 31 of the Law on Investment No. 61/2020/QH14, amended
by the Law No. 72/2020/QH14, now subject to approval for investment guidelines
of the People’s Committee of province as established in Article 3 of this Law,
if any application mentioned above has been received but the processing result
has not been received though the processing time goes beyond the time limit as
prescribed in the Law on Investment No. 61/2020/QH14, amended by the Law No.
72/2020/QH14, then further comply with the Law on Investment No. 61/2020/QH14,
amended by the Law No. 72/2020/QH14.
4. With regard to valid
applications for approval for investment guidelines and approval for investor
and adjustments to investment guidelines regarding investment projects on
commercial housing in case the investor has the right to use the residential
land or residential land and other types of land, if any application mentioned
above has been received before the date of entry into force of this Law but it
remains incompletely processed, then further comply with Article 4 of this Law
and relevant laws.
5. From the date of entry into
force of this Law, the judgment that remains unenforced or incompletely
enforced shall comply with this Law; decisions made of or actions performed by
civil enforcement agencies, executors in accordance with the Law on civil
enforcement No. 26/2008/QH12, amended by the Law No. 64/2014/QH13, the Law No.
23/2018/QH14 and the Law No. 67/2020/QH14 remain valid and may proceed further.
This Law is passed by the 15th
National Assembly of Socialist Republic of Vietnam, at its first irregular
meeting on January 11, 2022.
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THE
CHAIRPERSON OF NATIONAL ASSEMBLY
Vuong Dinh Hue