Lawyer in Vietnam Dr. Oliver Massmann Legal Update Highlights July 2017

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LAWYER IN VIETNAM DR. OLIVER MASSMANN LEGAL UPDATE HIGHLIGHTS
JULY 2017
1. Decision No. 1078/QD-TTg issued by the Prime Minister on promulgation, amendment
and supplementation of regulations on land, construction, residential housing,
investment and business (“Decision 1078”)
Issuance date: 25 July 2017
Effective date: 25 July 2017
According to Decision 1078, a huge number of legal instruments would be promulgated or amended
and supplemented in the coming time. Specifically, the Prime Minister requests the relevant
ministries and authorities:
(i) To draft twenty-eight (28) new decrees on land, construction, environmental protection, and
investment and business;
(ii) To amend two (2) decisions of the Prime Minister on residential housing; and
(iii) To revise twenty-two (22) ministry-level circulars on land, construction, and investment and
business.
Following to this, the Prime Minister also proposes the schedule deadlines for submission of these
draft legal stipulations to the Government, the Prime Minister, or the heads of ministry-level
authorities for promulgation. For instance:
In the Quarter III of 2017:
- A draft decree replacing Government’s Decree 73/2012/ND-CP on foreign cooperation and
investment in education;
- A draft decree replacing Government’s Decree 19/2016/ND-CP on gas trading; and
- A draft decree revising Government’s Decree 72 of 2013 on management, provision and use
of Internet services and online information.
In the Quarter IV of 2017:
- A draft decree on environmental protection master plan, strategic environmental assessment,
environmental impact assessment and environmental protection plan;
- A draft decree on organization and operation of people’s credit funds; and
- A draft decree on gold trading management.
In the Quarter I of 2018:
- A draft decree on land;
- A draft decree on sanctions for violations against land-related regulations;
- A draft decree on land price brackets;

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- A draft decree on construction contracts;
- A draft decree on electricity safety;
- A draft decree on enterprise registration;
- A draft decree on investment; and
- A draft decree on industrial property.
The Prime Minister instructs the ministries to be in charge of drafting the above legal instruments,
to assign personnel and to allocate funds to ensure quality of the preparation as well as the
scheduled deadline. In principle, the above deadlines will not be extended, unless otherwise decided
by the Prime Minister.
We will timely keep you posted of any development of any of the above regulations under the
Prime Minister’s promulgation plan.
2. Directive No. 04/CT-BYT issued by Ministry of Health on enhance the management of
operation of private medical examination and treatment establishments (“Directive
04”)
Issuance date: 4 July 2017
Effective date: 4 July 2017
By promulgating Directive 04, Ministry of Heath applies stricter management of private medical
examination and treatment establishments. According to Directive 04, there exist more than 200
private hospitals and over 30,000 private clinics all around the country which play important roles
of reducing the overload of public medical examination and treatment establishments.
Nevertheless, Directive 04 emphasizes non-compliance acts recently committed by some private
medical examination and treatment establishments, including without limitation of the following:
(i) to invite expat doctors to practice in Vietnam in the absence of practicing certificates;
(ii) to arrange for the doctors to practice beyond their certified professional capacity;
(iii) to circulate medicines of unclear origin or banned from circulation in Vietnam;
(iv) to advertise their services beyond their certified professional capacity;
(v) to fail to publish medical services fees and/or to collect service charges higher than the fixed
prices; and
(vi) to fail to keep check-up records as per Ministry of Health’s requirements.
Upfront, the Ministry of Health requests provincial Department of Health to strengthen the
management of medical practitioners, for the purpose of ensuring that medical practitioners are
those who are properly issued with practicing certificates and who are responsible to work within
their certified professional capacity.
Putting that aside, Provincial Departments of Heath are also required to publish on their official
websites the lists of private medical examination and treatment establishments which are properly

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licensed to operate in their localities. Following to this, local people will find it more convenient
and easier to do search on the private clinics’ information upon considering their medical services.
In addition, private clinics are obliged to keep their important information publicly notified,
including their operation licenses; scope of professional operation; services time; capacity
certificates of each managers and medical practitioners; medical examination and treatment services
fares; and names and addresses of the relevant authorities who directly managing such private
clinics so that the customer and/or local people can report violations of the private clinics, as the
case may be.
Bottom line, the Ministry of Health also recommends that the provincial Departments of health
should proceed regular and extraordinary inspection with respect to the private clinics for the
purpose of compliance with laws of Vietnam. Also violations in medical examination and treatment
would be subject to strictly statutory sanctions.
3. Resolution No. 04/2017/NQ-HDND issued by People Council of Hanoi City regarding
approval on the plan of management of traffic vehicles to reduce traffic jams and
environment pollution in Hanoi, for the period of 2017-2020 and visions towards 2030
(“Resolution 04”)
Issuance date: 4 July 2017
Effective date: 15 July 2017
Under Resolution 04, motorbikes, which are the most common and convenient means of
transportation in Vietnam, would be banned in inner districts of Hanoi City by the year of 2030,
with a perspective of easing traffic jams and reducing the environment pollution
This Resolution 04 will be implemented in three (3) phases, as below:
(i) The first phase (2017-2018):
Hanoi city will apply solutions to effectively manage vehicles joining in traffic and enhance
the state management of the transport sector.
(ii) The second phase (2018-2019):
Hanoi city will concentrate on developing a number of types of public transport and
concurrently restricting the usage of personal vehicles.
(iii) The third phase (2020-2030):
The use of motorbikes in some areas of the city will be gradually limited in this phase.
Finally, motorbikes would be banned in the inner districts of Hanoi City by the end of 2030.
In addition to the ban on motorbikes, other measures such as odd-even car rationing, will be taken
into consideration for the purpose of traffic jam reduction. Hanoi City will also try to implement
information technology as much as possible so as to improve quality and effectiveness of traffic
administration activities.
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Please do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com if you
have any questions or want to know more details on the above. Dr. Oliver Massmann is the General
Director of Duane Morris Vietnam LLC.
THANK YOU !