Outstanding policies taking effect in December

New regulations on organization and operation of social funds and charity funds

The Government has issued Decree No. 136/2024/ND-CP amending and supplementing a number of articles of Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charity funds (funds).

Decree No. 136/2024/ND-CP emphasizes: The Fund is organized and operates on a non-profit basis with the aim of supporting and encouraging the development of culture, education, health, physical education, sports, science, technology, agriculture, rural areas, protection of resources and environment, community, charity, and humanitarianism.

In the decree, the Government added provisions on handling violations as follows: Anyone who violates the establishment of funds, takes advantage of the name of funds to organize and operate illegally; takes advantage of positions and powers to establish funds and manage the organization and operation of funds contrary to the provisions of this decree, depending on the nature and severity of the violation, shall be subject to disciplinary action, administrative sanctions or criminal prosecution according to the provisions of law; in case of causing material damage, compensation must be paid according to the provisions of law.

The Decree takes effect from December 10, 2024.

New regulations in management, provision and use of internet services

From December 25, active accounts of social network users will be verified. Only verified accounts will be allowed to post information (write articles, comment, livestream) and share information on social networks.

This is one of the regulations in Decree No. 147/2024/ND-CP of the Government issued on November 9, 2024 on management, provision and use of internet services and information on the network.

Regarding the transitional provisions, the decree clearly states that within 90 days from December 25, 2024, foreign organizations, enterprises and individuals providing cross-border information to Vietnam and domestic organizations and enterprises providing social networking services must authenticate active accounts of social networking service users as prescribed in Point e, Clause 3, Article 23; Point b, Clause 3, Article 27 of Decree 147/2024/ND-CP.

Specifically, according to the provisions of Point e, Clause 3, Article 23; Point b, Clause 3, Article 27 of Decree 147/2024/ND-CP, verifying accounts of social network service users using mobile phone numbers in Vietnam.

Only in case the user confirms that he/she does not have a mobile phone number in Vietnam, the foreign organization or individual providing social networking services will authenticate the account using the personal identification number.

In case a social network service user uses the livestream feature for commercial purposes, the foreign organization or individual providing the social network service must authenticate the account using a personal identification number. Ensure that only authenticated accounts are allowed to post information (write articles, comment, livestream) and share information on social networks.

New regulations on maximum value limits for goods and services used for promotion

The Government has just issued Decree No. 128/2024/ND-CP amending and supplementing a number of articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce on trade promotion activities.

Decree 128/2024/ND-CP amends Clause 2, Article 7 on the maximum discount for promotional goods and services. The maximum discount for promotional goods and services must not exceed 50% of the price of such goods and services immediately before the promotion period.

In case of organizing a concentrated promotion program as prescribed in Clause 5, Article 6 of Decree 81/2018/ND-CP, the maximum discount applied to promoted goods and services is 100%.

The maximum discount of 100% also applies to promotional activities within the framework of trade promotion programs and activities decided by the Prime Minister.

The maximum discount limit shall not be applied when implementing discount promotions for goods and services when implementing the State's price stabilization policy; fresh food products; goods and services in case of enterprise bankruptcy, dissolution, change of location, production and business lines.

The Decree takes effect from December 1, 2024.

Amending some regulations on border trade activities

The Government issued Decree No. 122/2024/ND-CP amending and supplementing a number of articles of Decree No. 14/2018/ND-CP dated January 23, 2018 of the Government detailing border trade activities.

Decree No. 122/2024/ND-CP amends and supplements Clause 2, Article 4 of Decree No. 14/2018/ND-CP regulating payment methods in border trade activities.

Decree No. 122/2024/ND-CP still stipulates 3 payment methods: payment via bank; clearing payment between exported goods and services and imported goods and services (the difference paid via bank); and payment in cash. However, according to the new regulation, the cash payment method is only applied to the purchase and sale of goods by border residents.

Decree No. 122/2024/ND-CP also supplements Article 4a regulating the standards of goods in border trade activities. Accordingly, goods in the purchase and sale of goods across the border by traders and border residents must fully meet the standards, quality, regulations on traceability and other conditions according to the laws of the importing country.

In addition, Decree No. 122/2024/ND-CP also amends and supplements Clause 1 and Clause 3 of Article 21 of Decree 14/2018/ND-CP regulating the entry and exit of people and vehicles of Vietnam.

Specifically, the cargo owner or the person authorized by the cargo owner, the vehicle owner, the driver of the cargo vehicle, the service staff on the vehicle, ship, boat who are Vietnamese citizens shall comply with the provisions of the international treaties to which the Socialist Republic of Vietnam is a member and the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14, which has been amended and supplemented by a number of articles under Law No. 23/2023/QH15.

In addition to the above-mentioned documents, vehicle drivers must also have a vehicle operating license appropriate to the type of vehicle being operated.

Vehicles, drivers of cargo transport vehicles and business entities of Vietnam are allowed to pass through border gates and border openings prescribed in this Decree to enter or exit border markets of countries sharing a common border, and must be subject to inspection and control by specialized management forces at the border gates and border openings.

Decree No. 122/2024/ND-CP takes effect from December 1, 2024.