One of the highlights of Decree no 81/2018/NĐ-CP issued on 22^th May 2018 is the regulation on removing the promotional ceiling for centralized promotions. Accordingly, Article 6 of this Decree stipulated that in case of organizing the centralized promotions (hour, day, week, month, promotion season), the maximum value of goods and service used for sales promotion can be 100%.

The centralized promotions according to this regulation include:

- Promotions presided over the organization by the state agencies (at central and province level) for a specified period of time, in the form of hour, day, week, month, promotion season with the aim to implementing targeted economic development policies of the country and locality. 

- Sales promotion campaigns on holiday, new year occasion in accordance with labor law including:

• Lunar New Year: 30 days right before the first day of lunar year;
• Other holidays. The promotion duration of each promotion on the occasion of holiday must not exceed the holiday time corresponding with the holiday in accordance with labor law.

Maximum limit of 100% of the value of goods and services used for sales promotion shall also be applied to the sales promotion activities within the framework of trade promotion activities, programs decided by the Prime Minister. 

For the promotions in form of price discount in case of centralized promotions mentioned above (hour, day, week, moth, promotion season), the maximum price discount for promoted goods or services is 100%. This maximum price discount shall be applied with the promotion activities within the framework of trade promotion activities, programs decided by the Prime Minister.

Other than the above mentioned cases, sales promotion limit and price discount limit must not exceed 50% of the price of one unit of promoted goods and services before sales promotion.

Nonetheless, there have 3 cases not applying the maximum discount limit being:

- Goods and services subject to the State’s price stabilization policy;

- Fresh food;

- Goods and services in the event of bankrupt, dissolution or change of business location or industry production, business.

Moreover, Decree no 81/2018/NĐ-CP regulated that “Money can be used as goods and services used for sales promotion” except for sales promotion cases in form of: Giving sample goods or providing sample services free of charge to customer for trial use; Sales promotion in form of price discount; Sale of goods or provision of services together with goods purchase or service use coupons. 

Starting from 15^th July 2018, when this Decree comes into effect, prohibiting organizations and individual from using alcohol in sales promotion, including those used for sales promotion and promoted goods. If the current regulation only restricted the use of alcohol or beer as gifts for under-18 persons; alcohol of an alcoholic volume of 30^o or higher, new regulation of Decree 81 enumerated alcohol into category not used for sales promotion nor promoted.

*****

Please contact us for any further concerns related to the topic of this article.

 About Us

 Asia Business Consulting is a boutique consulting firm specializing in corporate establishment, legal and business advisory, tax and payroll compliance, HR administration, market research to multinationals investing in Vietnam. For further information or to contact the firm, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or download the company brochure. You can stay up to date with the latest business and investment news in Vietnam by subscribing for our newsletters.

In the near future, business enterprises and organizations would not be entitled to use self-printed invoices.

The above information is one of the content in the Draft Decree on invoices for sale of goods and provision of services recently announced by the Ministry of Finance which is likely to be enacted in 2019 in replacement of Decree no.51/2010/ND-CP and Decree no.04/2014/ND-CP. The key aim of this Draft Decree is to develop and expand the use of electronic invoices(e-invoices) by restricting companies from using self-printed paper bills.

Decree no 59/2018/ND-CP was issued on 20^th April 2018 amended and supplemented some regulation relating to the customs procedures, examination, supervision and control procedures. From the time Decree no 59/2018/NĐ-CP comes into effect on 5^th June 2018, enterprises will have to pay attention to some key changes about customs procedures as following:

Firstly, about examining and defining dutiable value

According to current regulation, when Customs have enough basis to reject the dutiable value reported by the importer, Customs will notice the importer for amending and supplementing in case of having the agreement of the importer. If importers do not agree, the value consultation will be closed at importation and transferred to customs audit. However, the authority of Customs will be strengthened by Decree no 59/2018/ND-CP. This new decree stipulated that “If there have enough basis to reject the reported dutiable value, Customs will notice, propose importer to amend within 5 business days maximum from the date of notification and release goods as regulated. If the importer made the supplement, Customs will release the goods as regulated. But if importers do not make the supplement at the end of the time-limit, Customs will start defining the dutiable value in accordance with Law on tax Administration to release the goods”. As the result, importers whether agree or not will have to make the supplement if Customs have enough basis to reject the reported dutiable value. Customs will define the dutiable value in case importers do not make the amendment.

Secondly, supplement the regulations about the method to define dutiable value

Decree no 59 provided that dutiable values will be determined in the order of 4 methods:

   (i) Selling price of goods to the export border gate

   (ii) Selling price of exactly the same or similar exports in the dutiable value data base after converting to selling price of goods to the export border gate at the latest time compared with the date of registration of export declarations of the goods being valued;

   (iii) Selling price of exactly the same or similar exports in Viet Nam market after converting to selling price of goods to the export border gate at the latest time compared with the date of registration of export declarations of the goods being valued;

   (iv) Selling price of exports collected, summarized and classified by Customs

Moreover, Decree no 59 also supplements the regulation on determining the export border gate. Specifically, for sea transport, air transport; rail transport; road transport, inland waterway, export border gate is loading port where goods are loaded onto means of transport stated in customs declaration; loading place at international rail border gate stated in customs declaration; border gate exporting goods out of Viet Nam territory stated in sale of goods contract or other relating receipt, respectively.

Thirdly, amending, supplementing cases needed to have the production plant, capacity checks of export production or processing manufacturers

Manufactures needed to be checked according to Decree no 59 are:

- Organizations, individuals importing goods to process, produce exports for the first time;

- Changes of business information on address, product, size, production capacity without notification to Customs;

- Organization, Individual importing goods for export processing with foreign party but sub-contracting the whole processing contract to other parties;

- Storage of materials, supplies, imported components and exported products at places other than those notified to Customs;

- Check based on Customs’ risk management.

*****

Please contact us for any further concerns related to the topic of this article.

About Us

Asia Business Consulting is a boutique consulting firm specializing in corporate establishment, legal and business advisory, tax and payroll compliance, HR administration, market research to multinationals investing in Vietnam. For further information or to contact the firm, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or download the company brochure. You can stay up to date with the latest business and investment news in Vietnam by subscribing for our newsletters.

From 1^st January, 2018, employees working under the employment contract from 1 month to less than 3 months will be included in the participants of compulsory social insurance. The supplement of this kind of participant aims to create the equality between short-term form and long-term form employment, contributes to raise awareness of the community about participating in the social insurance, creates the sense of self-security for all employees.

Previously, Decree no 141/2017/NĐ-CP substituting Decree no 153/2016/NĐ-CP stipulated the region-based minimum-wage applied to employee working under labor contract. Recently, on 15^th May, 2018, Government issued the Decree no 72/2018/NĐ-CP on the base salary applied to cadres, civil servants, officials and armed forces superseding Decree no 47/2017/NĐ-CP. Accordingly, the base salary will rise from 1.300.000 VNĐ to 1.390.000 VNĐ starting on 1^st July, 2018.

Base salary is used as the basis for salary levels calculation in the pay-sheet, allowance levels calculation and the implementation of other benefits in accordance with the law. Base salary is also used to calculate the operating cost level, living expenses, deductions and another benefits based on the base salary.

The employees applied the new base salary from 1^st July, 2018 includes:

-Cadres, civil servants from central to district level; Cadres, civil servants of commune level in accordance with Law on cadres and civil servants 2008;

-Public employees working in the public non-business units in accordance with Law on public employees 2010;

-Employees working under wage-rate labor contract according to Decree no 204/2004/NĐ-CP on salary regimes for cadres, civil servants, officials, and armed forces, including:

1. Employees working under labor contract in the agencies, units of Party, Government, social and political organization stipulated in Decree no 68/2000/NĐ-CP on the application of contractual regime to a number of jobs in the state administrative agencies and public service units;
2. Employees working under labor contract approved by the competent authority in the public non-business units in accordance with the regulation of the Government and The Prime Minister;

-Employees working as regular staff in the association funded by state budget regulated in the Decree no 45/2010/NĐ-CP on the organization, operation and management of associations;

-Officer, professional military personnel, non-commissioned officers, soldiers and workers, defense officials and contract laborers of the Vietnam People's Army;

-Officer, non-commissioned officers who earn wage, non-commissioned officers, duty combatants, police workers, contract employees of Public Security Force;

-Employees working in the cipher organization;

-Employees working as non-specialized workers in commune level, in hamlet, civil group.

Congress approved the adjustment of base salary at the Resolution of the draft state budget 2018 at meeting at the end of year 2017. According to the Statistic report about the non-official employments, Viet Nam now has over 18 billion employees working in the non-official sector – accounting for 57% of total nonagricultural employment across the country. These are the employees which are not included in the compulsory social insurance and it’s necessary to exploit and encourage them to participate in the voluntary social insurance. Participating in the social insurance system not only help employees have a better life when old, decreasing ability to work but also expand and enhance the work effectiveness of social insurance system. The monthly premium that the employees have to pay for retirement funds and death grant of voluntary social insurance is 22% of employee’s monthly chosen income. The minimum premium is equal to the level of poverty standard in rural area and the maximum is 20 times the base salary.

The adjustment of base salary is going to be affect not only the employees working in government sector, in the Party organizations,... but also affect the employees working in nonofficial sector and participating in voluntary social insurance. With the rise off base salary to 1.390.000 VND, the highest voluntary social insurance premium will rise accordingly. The higher premium that employees can pay, the higher pension they gain when retired.

 *****

Please contact us for any further concerns related to the topic of this article.

About Us

Asia Business Consulting is a boutique consulting firm specializing in corporate establishment, legal and business advisory, tax and payroll compliance, HR administration, market research to multinationals investing in Vietnam. For further information or to contact the firm, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or download the company brochure. You can stay up to date with the latest business and investment news in Vietnam by subscribing for our newsletters.

The Government has just issued Decree No. 09/2018 / ND-CP detailing the Commercial Law and Foreign Trade Management Law regarding the purchase and sale of goods and activities directly related to the purchase and sale of goods of foreign investors, economic organizations with foreign owned capital in Vietnam in replacement of Decree 23/2007 / ND-CP. Particularly, this decree was issued on 15/01/2018 and came into effect on the same day.

Compared with Decree Decree 23/2007 / NĐ-CP, Decree 09/2018 / ND-CP contains many new advancements and also explains more clearly the trading activities and related activities. Direct purchase of goods by foreign investors, economic organizations with foreign owned capital in Vietnam. In addition, many new directions are more favorable for foreign investors and foreign invested enterprises to carry out business activities related to trading activities and activities which are directly related to the purchase of goods . In the following, the Asian Business Consulting Company would like to point out three main new points of Decree No. 09/2018 / ND-CP compared to Decree No. 23/2007 / ND-CP as follows:

Expanding the granting of business licenses to foreign investors

This is a new point in the Decree 09/2018 / ND-CP on trading activities and activities related directly to the purchase and sale of goods of foreign investors, economic organizations with foreign owned capital in Vietnam.

Accordingly, in addition to the investors belonging to the countries and territories participating in the treaties to which Vietnam is a member, which commit to open the market for trading activities, the following subjects, if satisfying the conditions, shall also be granted license:

- Foreign investors not belonging to countries or territories participating in treaties to which Vietnam is a contracting party;

- Foreign investors belonging to countries or territories participating in the treaties to which Vietnam is a contracting party but have no commitment to open with the goods or services they wish to trade.

The competence to grant business licenses and permits for setting up retail establishments

For business licenses, if Decree No. 23/2007 / ND-CP stipulates that provincial People's Committees are responsible for granting business licenses, Clause 1, Article 8 of Decree No. 09/2018 / ND-CP stipulates Ministry of Industry and Trade where the foreign-invested economic organizations are headquartered shall grant, re-grant, adjust, extend and withdraw their business licenses.

Consultation with the Ministry of Industry and Trade, if the Decree 23/2007 / ND-CP, the competent agencies are granted business licenses after obtaining the written approval of the Ministry of Trade (now the Ministry of Industry and Trade ), the Decree 09/2018 / ND-CP narrowed the scope of cases that need consultation with the Ministry of Industry and Trade. Accordingly, the consultation with the Ministry of Industry and Trade prior to the issuance of the amended business license shall be applied to rice products; sugar; photographic items, books and magazines, and consideration of licensing the implementation of the retail distribution right in the form of supermarkets, mini supermarkets and convenience stores and the Ministry of Industry and Trade shall receive comments before granting to amend business licenses with the activities including: Providing logistics services, except for the sub-sectors of logistics services which Vietnam has committed to open markets in treaties to which Vietnam is a contracting party; Leasing of goods, excluding financial leasing; except for the leasing of construction equipment with operators; Providing trade promotion services, not including advertising services; Providing commercial intermediary services; Providing e-commerce services; Providing services for organizing goods and services.

For licenses for setting up retail establishments, Decree 23/2007 / ND-CP stipulates that the establishment of additional retail outlets outside the first retail outlet shall be decided by the provincial People's Committee under the guidance of the Ministry of Trade. (now the Ministry of Industry and Trade). Collect comments from the Ministry of Industry and Trade prior to granting or adjusting the permit to set up a retail establishment.

The concept of wholesale and retail is clarified

Regarding the wholesale concept, Decree No. 23/2007 / ND-CP stipulating wholesale is the activity of selling goods to other traders or organizations; Does not include direct sales to end consumers.

The new Decree clarifies that "merchants and organizations" purchase goods in wholesale activities, which are wholesalers, retailers and other organizations; Excludes retail operation.

Regarding the retail concept Decree No. 23/2007 / ND-CP, retailing is the sale of goods directly to end consumers.

The new decree specifically explains end consumers as individuals, households and other organizations for use for consumption purposes.

Besides the 3 main new points, Decree 09/2018 / ND-CP also contains some new points as follows:

1. For the export, import or wholesale distribution domain, which had to have the business license in the past , now is not required except in cases where the product is lubricating oil according to the provisions of Point b, Clause 4, Article 9, previously prescribed. Decree No 23/2007 / NĐ-Cp requires license and approval of Ministry of Industry and Commerce;

2. According to Decree 23/2007 / ND-CP, retail activities previously must apply for a business license issued by the Ministry of Industry and Trade. However, according to Decree 09/2018/ ND- CP, recently they only need to apply for a business license at Department of Industry and Trade and mustseek the opinion of the Ministry of Industry and Trade if they are rice products; sugar; photographic items, books and magazines, and consideration of licensing the implementation of the retail distribution right in the form of supermarkets, mini supermarkets and convenience stores.

3. Time limit is reduced to 10 days in case it is not need consultation with the Ministry of Industry and Trade, in case of consulting the processing time is 28 days, according to the Decree No. 23/2007 / ND- CP, the total duration of such 45 days has been reduced by 17 days;

*****

Please contact us for any further concerns related to the topic of this article.       

About Us

Asia Business Consulting is a boutique consulting firm specializing in corporate establishment, legal and business advisory, tax and payroll compliance, HR administration, market research to multinationals investing in Vietnam.
For further information or to contact the firm, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or download the company brochure.
You can stay up to date with the latest business and investment news in Vietnam by subscribing for our newsletters.

From 01/01/2018, a series of tax policies, fees, inspections, traffic laws are effective, affecting the price of cars as well as plans to import cars and componentsof enterprises into Vietnam. The outstanding regulations on cars effective from 2018 individuals, businesses operating in this field should know.

Import tax from ASEAN to 0%

As committed in the ASEAN Free Trade Area (ATIGA), cars with a localization rate of 40% or more will be entitled to zero import tariffs. From 2018, Vietnam imported cars from Thailand, Indonesia, Malaysia ... with 0% tax, a deep reduction with tariffs in 2017 is 30%.

Cars want to be discounted as such, must meet the two criteria, produced by an ASEAN country and the localization rate of 40%. Cars are imported from ASEAN but the domestic rate is lower than 40% or car imported from a foreign country such as Korea, Japan, Europe ... also do not enjoy this incentive.

Import Tax of components to 0%

According to the Decree No. 125/2017, domestic assemblers will enjoy a zero component import tax rate if the stipulated output is reached, applied to cars under 9 seats. This Decree applies to about 30 sets of main components, customs code from 98.49.11 to 98.49.40.

In the first period, in the first half of 2018, car manufacturers (less than 9 seats, engines 2.5 and below) who would like to enjoy the zero percent import tax incentives ensure two conditions: general output from 8.000 units or more and  a car model with a commitment of 3,000 units or more.

 Imported cars are difficult to return to Vietnam because of lack of documents

Decree No. 116/2017 stipulates that enterprises wishing to import cars must have a type approval certificate issued by a foreign organization. Most joint ventures believe that foreigners do not issue this type of paper for imported vehicles, only for domestic vehicles, so the company will not be able to import cars.

For example, VAMA has submitted 4 recommendations to the Prime Minister for adjustments to help companies easily import cars but so far nothing has changed. Companies such as Toyota, Honda, and Ford say the car can only be sold to the New Year, and then not know if there are cars or not.

Increasing in tax of import old cars

According to the Decree No. 125/2017 issued by the Government on November 16, 1977, the absolute tax rate applies to vehicles with engine displacements not exceeding one liter and mixed taxes per vehicle per liter.

In the old calculation, the car was divided into four categories according to engine volume with different tax rates. In the new calculation, the car is divided into two types of engine from one liter downwards and per liter. Vehicles of one liter or less are subject to an absolute tax of $ 10,000, while vehicles per liter apply a flat tax rate.

In the segment of cars under 1 liter, mainly models of small urban car, the price of imported cars more than doubled than the current. With larger motorized vehicles, import tariffs may increase by several tens to hundreds of thousands of dollars, depending on the engine capacity and the value of the vehicle.

Small cars must be labeled with energy

From 1/1/2018, cars from over 7 seats to 9 seats are produced, assembled from spare parts, completely new; Unused import vehicles must be labeled with energy before being put on the market.

This Circular is not compulsory for the following cases: Vehicles manufactured, assembled or imported for direct use for defense or security purposes by the Ministry of Defense or the Ministry of Public Security; vehicles temporarily imported for re-export; Transit vehicles; vehicles of diplomatic or consular; Imported single-car and non-commercial vehicles; imported vehicles according to separate regulations of the Prime Minister; Vehicles used are non-petrol, diesel, liquefied petroleum gas (LPG), natural gas (NG).

Cars are under standard of level 4 emission are not registered

According to Official Letter No 436/2017 of the Prime Minister stipulating the roadmap for the application of emission standards for automobiles, assemblers and importers, from January 1, 2015, the authorities will not do Registration procedures for vehicles that do not meet level 4 emissions standards.

The vehicle has been certified by the Ministry of Transport to meet the new exhaust emission regulations to carry out the relevant procedures. Before that, enterprises must have plans to import and produce automobiles, ensure the fulfillment of customs procedures, register them and market them before December 31, 2017. After this time, if not completed must be re-exported or exported.

On December 27^th, 2017, the Government issued Resolution 136/NQ-CP on simplifying administrative procedures, civil documents related to population management within the scope of state management functions of the Ministry of Planning and Investment.

Accordingly, the registration of enterprises will have  changes in the composition and content of forms and declarations in the coming time as follows:

- About the composition of document:

To annul the "valid copy of citizen identification card, identity card, valid passport or other lawful personal identification" when carrying out procedures for business establishment registration.

- On forms, declarations:

Replaces the provisions on "permanent address, nationality, identity card number, identity card, passport or other legal personal identification" into "personal identification number" in the content Application form and Business registration certificate.

+ To substitute information on citizens and citizen identification card in the form of documents, applications, declarations ... to register the establishment of enterprises by information: "last name, middle name and birth name; personal identification number ".

It is clear this new regulation reduces the profile, and shortens the form, declaration but still ensure full information and accuracy.

Minimum wage in Vietnam is determined regionally and on a per month basis, with the four regions ranked according to their socio-economic development.

Region I covers the urban parts of Hanoi and HCM City. Region II applys to rural areas of Hanoi and HCM City, along with the urban regions of Can Tho City, Da Nang City and Hai Phong City. Region III comprises provincial cities and the districts of Bac Ninh Province, Bac Giang Province, Hai Duong Province and Vinh Phuc Province, while region IV consists of the remaining localities.

The Government has just issued Decree No. 141/2017 / ND-CP replacing the Decree No. 153/2016/ ND-CP stipulating the regional minimum wage level for laborers working under labor contracts.

Accordingly, from January 1, 2018, the regional minimum wage will be applied as follows:

- Region I: 3,980,000 VND / month ( increase by 230,000 VND compared to current regulations in Decree 153/2016 / ND-CP)

- Region II: VND 3,530,000 / month (increase by VND 210,000)

- Region III: VND 3,090,000 / month (increase by VND 190,000)

- Region IV: VND 2,760,000 / month (increase by VND 180,000).

Thus, the average 4 regions, the regional minimum wage increase in 2018 approved by the Government has increased by 6.5% compared to 2017. The minimum wage rise was supposed to meet 92-96% of minimum living standards

In addition, Decree No. 141 also regulates zoning for some districts and towns as follows:

- To take Long Khanh town of Dong Nai province from region II to region I;

- To take the Unified districts of Dong Nai province, Thu Thua district of Long An province, Tam Ky city of Quang Nam province from region III to region II.

On 20/9/2017, Ministry of Industry and Trade issued Decision No. 3610A/ QD-BCT promulgating the plan of reducing and simplifying the investment and business conditions in the field managed by the Ministry of Industry and Trade in 2017 - 2018.

According to this Decision, 675 investment and business conditions will be eliminated. The reduction, simplification of investment and business conditions is based on the principle:

The first, changing the state management method by moving to post-inspection in construction, implementing business conditions.

The second, the establishment and implementation of investment and business conditions must ensure the market access conditions under the international commitments to which Vietnam is a member.

The third, investment and business conditions, if necessary, must also meet the criteria stipulated in Article 7, Investment Law 2014.

The fourth, The plan to reduce, simplify business and investment conditions and change the state management method in each field must be carefully evaluated and considered on the feasibility and resources of state agencies at all levels, consider stronger decentralization for localities

The fifth, the plan to reduce and simplify business and investment conditions should be associated with administrative reform, especially institutional reform and administrative procedure reform.

It is expected that 675 business conditions of 27 business sectors shall be removed.

Of these, there are 10 business lines which have not been proposed to reduce condition, including: business lines using industrial explosive materials and explosive pre-substances; The blasting service; rice exports (the sector has been proposed to simplify by eliminating the requirement for scale in each condition and applying the standard); Temporary import for re-export of goods with special consumption tax; Temporary import for re-export of goods on the list of used goods; trading in minerals; purchase and sale of goods of FDI enterprises; petroleum activities; energy audit, technical inspection of labor safety of machines and equipment strictly required on labor safety; Production and processing of uniforms for foreign armed forces.

The remaining business lines proposed for reduce condition include: petroleum; gas; explosive substance; chemistry; alcohol; cigarette; food; electricity; Temporary import for re-export of frozen food; Franchising; logistic; industrial precursors; Commodity Exchange; commercial inspection; Multilevel; ecommerce; Industrial explosives (including culling operations).

For example, with the business of logistic services, it is expected to abolish the following conditions:

1. Being enterprises having lawful business registration under Vietnamese law.

2. Having equipment and tools ensuring technical safety standards and having staffs meeting the requirements.

For franchise business, the conditions for licensing franchise business to abolish the following conditions:

1. Having registered and been approved for commercial franchising by the Ministry of Industry and Trade in case of franchising from abroad into Vietnam, including commercial franchising from export processing zones, non-tariff zones or custom areas into the territory of Vietnam.

2. Goods and services subject to commercial rights do not violate the following provisions:

2.1. Goods and services allowed for franchise business are goods and services not on the list of goods and services banned from business.

2.2. In cases where goods and services are on the list of goods and services banned from business and the list of goods and services subject to conditional business, the enterprises can conduct business only after they are granted the license by the competent authorities.

By this decision, the Ministry of Industry and Trade would like to simplify administrative procedures, reduce paperwork, dossiers or switch to automatic procedures (online) to create maximum convenience for businesses.