AMENDMENTS, SUPPLEMENTATIONS TO 09 DECREES ON BUSINESS AND INVESTMENT CONDITIONS

According to Decree No. 17/2020/ND-CP issued by the Government on 02/05/2020 and coming into effect from 03/22/2020:

– There are 09 Decrees are amended, supplemented by Decree No. 17/2020/ND-CP, including:

(i) Decree No. 116/2017/ND-CP on requirements for manufacturing, assembling, importing cars and providing car warranty and maintenance services;

(ii) Decree No. 137/2013/ND-CP and Decree No. 08/2018/ND-CP on investment and business conditions in the field of electricity;

(iii) Decree No. 38/2014/ND-CP and Decree No. 113/2017/ND-CP on investment and business conditions in the field of chemicals;

(iv) Decree No. 77/2016/ND-CP on investment and business conditions on the international trade in goods, chemicals, industrial explosives, fertilizers, gas business and food business;

(v) Decree No. 87/2018/ND-CP on gas business conditions;

(vi) Decree No. 105/2017/ND-CP on alcohol business conditions;

(vii) Decree No. 67/2013/ND-CP on tobacco business conditions.

Decree No. 17/2020/ND-CP takes effect from March 22, 2020; Particularly provisions on manufacturing, assembling, importing cars and providing car warranty and maintenance services and provisions on trading alcohol in this Decree will take effect from the date of signature and issue (February 05, 2020).

– Several provisions on alcohol business conditions have been abolished, specifically as follows:

(i) Regarding wholesaling alcohol, some conditions are abolished, including:

• Be entitled to use a warehouse or warehouse network with the total floor area of at least 50 m2.
• Expected alcohols for sale must comply with food safety requirements.
• Full compliance with fire and environmental safety conditions must be ensured.

(ii) Regarding retailing alcohol, some conditions are abolished, including:

• Expected alcohols for sale must comply with food safety requirements.
• Full compliance with fire and environmental safety conditions must be ensured.

Moreover, from February 05, 2020, if enterprises, cooperatives, cooperative unions or business households produce/sell/import alcohols whose alcohol by volume is less than 5.5%; or traders of alcohol for on-premises consumption whose alcohol by volume is higher than 5.5% MUST REGISTER with the district-level Offices of Economics or the Offices of Economics and Infrastructure WITHOUT HAVING TO OBTAIN A LICENSE TO SELL ALCOHOL FOR ON-PREMISES CONSUMPTION as previously regulated.

– Several conditions on operating car warranty and maintenance centers are abolished, specifically, enterprises wishing to obtain an Eligible Car Warranty and Maintenance Center Certificate are not required to satisfy the following requirements from February 05, 2020:

(i) There are sufficient personnel and plans to ensure occupational safety and hygiene in accordance with regulations on occupational safety and hygiene.

(ii) Fulfilling all fire safety requirements and plans under fire safety regulations.

(iii) Having sufficient environmental safety documents approved by a competent authority in accordance with environmental safety regulations.

Furthermore, enterprises importing and temporarily importing cars whose navigation software/equipment contains maps that violate the sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam will have their Car Import Licenses suspended or revoked.

Best regards,