List of Vietnam Law
Decision No.: 999/QD-TTg dated August 12, 2019 of the Prime Minister on giving approval for scheme for development of sharing economy
Date: 8/12/2019
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THE PRIME MINISTER
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness -------------- |
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No.: 999/QD-TTg
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Hanoi, August 12, 2019
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DECISION
GIVING APPROVAL FOR SCHEME FOR DEVELOPMENT OF SHARING ECONOMY
THE PRIME MINISTER
Pursuant to the Law on government organization dated June 19, 2015;
Pursuant to the Resolution No. 13/NQ-CP dated February 08, 2018 of the Government’s Regular Meeting held in January, 2018 and the Resolution No. 124/NQ-CP dated October 06, 2018 of the Government’s Regular Meeting held in September, 2018;
At the request of the Minister of Planning and Investment,
1. Objectives
a) Ensure a fair and equal business environment for businesses that join the sharing economy model and traditional businesses;
b) Ensure rights, obligations and legitimate benefits of the parties joining the sharing economy model such as service providers and users, and platform providers;
c) Encourage innovation, application of digital technology and development of digital economy.
2. Viewpoints
a) Support and adapt to the new development trends of the sharing economy in the context of the rapid development of digital technology in the world; it is not necessary to establish separate policies for sharing economy because it is not an integral part or a separate component of the economy.
b) Facilitate the development of lawful economic activities, including the sharing economy through the state management; change thoughts and methods for state management to suit the development of digital economy and the Industry 4.0; increase awareness and capacity of enterprises, local governments and people in respect of the sharing economy.
c) Build a fair and equal business environment for businesses that join the sharing economy model and traditional businesses, between domestic enterprises and foreign enterprises towards facilitating and assisting traditional enterprises in converting their business type;
d) Implement the testing mechanism for new policies (sandbox) for the development and application of new technologies to the sharing economy model.
dd) Improve the managerial capability of the state regulatory authorities in the context of the Industry 4.0 so as to meet management requirements and improve the sharing economy. Encourage the development of sharing economy models in a manner that corresponds to the national benefits and social - economic development, and ensures the compliance with international commitments under international treaties to which Vietnam is a signatory.
e) Mitigate consumer protection risks and prevent evasion of taxes and performance of other liabilities as prescribed by laws.
3. State management orientations and solutions for developing the sharing economy
a) Solutions for excising and performing rights and duties by service providers in the sharing economy
- Increase their capacity to thoroughly understand the responsibility of individuals and enterprises to provide information relating to the sharing economy to state regulatory authorities, including information relating to business operations, performance of tax liabilities and compliance with line management regulations.
- Formulate mechanisms and policies for mitigating risks incurred by the parties of the sharing economy, including early warnings for service providers.
- Solve issues arising in the sharing economy such as those relating labour, employment and social security.
- Create market places for all people to perform business operations in the form of sharing economy (including space, goods and skills).
- Establish specific policies for supporting service providers that join the market (joining sharing economy activities) through simplified licensing procedures and provision of financial support for individuals/startups operating with a share-based model.
b) Solutions for excising and performing rights and duties by service users in the sharing economy
- Improve service users’ capability to understand and use digital economy-related services and law regulations on digital contracts; ensure occupational safety and safety in settlement for digital contracts.
- Ministries shall intensify the cooperation and sharing of information and data in their performance of state management tasks; formulate mechanism for sharing of information and date between Ministries and governments at all levels, enterprises and professional associations.
- Mechanisms for risk sharing between parties of the sharing economy, including mechanisms for consumer protection, should be formulated.
c) Solutions for excising and performing rights and duties by technology companies/platform providers in sharing economy
- Continue improving legal framework and facilitate platform providers in innovation, access to financing sources, promote healthy competition between platform providers, and assist them in performing R&D activities.
- Intensify the connection between innovative enterprises and training institutions, scientific research institutions for the purposes of emphasizing the contribution of state-owned universities and research institutions towards the innovation of platform providers.
- Adopt policies for small-scale and fixed-term testing of novelty platform provision; respect for the novelty and creativity of technology companies/ platform providers as well as encourage taking advantages of connection sharing and technology.
d) Solutions to be adopted by the State for establishing and developing business and investment ecosystems in sharing economy
- Build fair and equal business environment between sharing economy and traditional economy: Review and abrogate regulations on business conditions that are no longer suitable for traditional business sector and generally apply to sharing economy.
- Formulate policies to encourage the development of sharing economy and promulgate relevant technical regulations and/or standards: Encourage innovation and development of technology, especially research and development of technological platforms, human resource development and development of infrastructure facilities to facilitate the development of sharing economy.
- Amend and revise legal systems and applicable policies which should correspond to sharing economy activities, especially regulations and policies stipulating responsibility of parties of sharing economy and responsibility of state regulatory authorities to manage this sharing economy model.
- Innovate state management of economic sector: Ministries shall intensify their cooperation in performing state management tasks; speed up the construction of E-Government.
- Formulate mechanisms for sharing of information and data between governments at all levels and enterprises, professional associations and household businesses.
- Adopt solutions for inspection: Improve legal framework to manage electronic payment for cross-border provision of services with the aims of protecting payment sovereignty of foreign enterprises that provide cross-border services in the territory of Vietnam.
- Improve the State managerial capability to ensure cybersecurity, cyberinformation security, protect the right to privacy for citizens and organizations, and ensure sovereignty in cyberspace: Formulate mechanisms for control of information sharing between the parties of sharing economy in conformity with their agreements; fully implement international commitments on access to service markets (including Internet services) and e-commerce so as to encourage enterprises to improve their business on the basis of digital technology.
Article 2. Implementation
1. The Ministry of Planning and Investment shall:
- Acting as a contact point for coordinating and monitoring activities and cooperate with relevant Ministries to make necessary amendments and revisions to the legal system and applicable policies to meet requirements for management of sharing economy.
- Take charge and cooperate relevant Ministries to review business conditions towards simplification of administrative procedures so as to facilitate and achieve the equality between traditional businesses and sharing economy businesses.
- Prepare reports on assessment of impacts on certain primary sharing economic types on the national economy.
- Establish interdisciplinary working groups that shall take charge of collecting and suggesting solutions for solving issues concerning sharing economy.
2. The Ministry of Finance shall:
- Develop the application of technological advances of the Fourth Industrial Revolution to taxation sector; promulgate and provide guidelines for implementation of policies on taxation and tax administration in sharing economy sector.
- Study the formulation of legislative documents providing guidelines for implementation of the Law on tax administration (as amended) to meet tax management requirements in sharing economy sector.
- Study the formulation of mechanisms for information and data sharing between state regulatory authorities and tax authorities to meet tax management requirements in sharing economy sector.
3. The Ministry of Transport shall:
- Review and abrogate regulations on business conditions that are no longer suitable for traditional transport business, and supplement necessary conditions for sharing economy sector.
- Provide guidelines for implementation of regulations on provision of transport services using automobiles and relevant business conditions.
- Study amendments to the Law on road traffic, the Law on inland waterway transport, the Maritime Code and include regulations on sharing economy in such amendments.
- Cooperate with the Ministry of Finance to provide instructions for transport service providers that employ electronic transport service contracts in sending electronic invoices to clients’ accounts used for concluding contracts and sending electronic invoicing information to the General Department of Taxation in accordance with the Minister of Finance’s regulations.
4. The Ministry of Industry and Trade shall:
- Formulate policies for development of sharing economy models that promoting sustainable production and consumption.
- Study, suggest and formulate policies for e-commerce development in the 2021 – 2025 period towards facilitating and encouraging e-commerce operations applying sharing economy model.
- Review and improve law regulations on e-commerce which should govern new business models and correspond to the development of sharing economy.
- Study regulations on cross-border e-commerce services and suggest management regulations corresponding to the reality as well as integration commitments.
5. The Ministry of Information and Communications shall:
- Study regulations on cross-border IT services so as to provide suggestions for negotiation for integration commitments and revisions to legislative documents on IT thereafter.
- Formulate training programs/projects and improve awareness of rights and obligations of individuals/entities joining in sharing economy.
- Study mechanisms, policies and regulations on development of national digital infrastructure so as to facilitate the development of sharing economy; promote the connection and sharing of national database between state regulatory authorities for providing online public services and thereby promote the development of sharing economy.
6. The State Bank of Vietnam shall:
- Formulate regulations on payment for cross-border transactions through payment portal licensed by the State Bank of Vietnam. Cooperate with relevant Ministries to make amendments to the legal framework for managing electronic payment for cross-border services rendered by foreign enterprises in the territory of Vietnam.
- Study and formulate the Scheme for management of testing of FinTech in banking industry.
- Study the pilot mechanism for management of peer-to-peer lending.
7. The Ministry of Culture, Sports and Tourism shall:
- Study law regulations on room-sharing services and apartment-hotel models.
- Take charge and cooperate with relevant Ministries in formulating and improving regulations on tourist accommodation management under the sharing economy model in Vietnam.
- Take charge and cooperate with relevant Ministries in formulating and improving regulations on management of sharing economy model in travel and tourism sector.
8. The Ministry of Science and Technology shall:
- Review legal system and issues concerning state management of science and technology as well as innovation associated with the sharing economy; study amendments to legislative documents on standards, measurement and quality relating to the application of platform technology and provisions on quality management of accompanied services; regulations on intellectual property and technology transfer; regulations on testing of new products and services.
- Review issues concerning the development of platform technology (including Internet, mobile phone and global positioning services, etc.) in relation to sharing economy model and propose appropriate amendments to applicable policies.
- Propose mechanism for sandbox testing management regarding development and application of new technologies to sharing economy.
9. The Ministry of Labour, War Invalids and Social Affairs shall:
Do research on employment, income, social security (including social insurance), labour relations, legal status of parties and propose solutions for ensuring rights and obligations of employees joining sharing economy model.
10. The Ministry of Construction shall:
Review law regulations on office-hotel models.
11. The Ministry of Natural Resources and Environment shall:
- Study and propose regulations defining responsibility of parties of sharing economy model to comply with regulations on efficient extraction and use of natural resources and environmental protection.
- Propose solutions for promoting waste recycling in sharing economy-related sectors.
12. The Ministry of Public Security shall:
- Take charge and cooperate with relevant Ministries and local governments in ensuring security and public order as well as keeping confidentiality of information when joining sharing economy model so as to ensure equality and encourage innovation.
- Establish and improve the national population database and propose solutions for sharing and connection of this database with financial, banking, telecommunications and insurance sectors, etc.
13. The Ministry of Justice shall:
- Cooperate with relevant Ministries to clarify the nature of sharing economy operations in civil sector and/or specialized sector.
- Review and propose solutions for improving regulations of the Civil Code regarding transactions, contracts, ownership, property rights and mechanisms for settlement of disputes concerning sharing economy model.
14. The Ministry of Agriculture and Rural Development shall:
- Review and improve law regulations on agricultural restructuring in conformity with development of sharing economy.
- Take charge and cooperate with relevant Ministries to formulate policies for application of sharing economy model so as to optimize the use of resources in agricultural sector.
15. The Ministry of Education and Training shall:
- Study and formulate policies on promotion of sharing economy models in education and training sector (such as shared digital library, open education resources, online and distance training courses, etc.).
- Take charge and cooperate with enterprises that develop their business towards innovation, educational and training institutions, and scientific research institutions to implement educational innovation programs/projects according to IT development orientations in the Age of Industry 4.0.
16. The Ministry of Health shall:
Study and formulate policies for promotion of sharing economy models in healthcare sector (such as shared medical equipment, remote diagnostics, etc.)
17. Vietnam Academy of Social Sciences shall:
- Learn about international experiences, theoretical basis and practical application of sharing economy model.
- Evaluate social impacts of sharing economy model in Vietnam.
18. Other Ministries shall:
- Review their state management tasks to determine issues concerning sharing economy, formulate schemes/regulations on cooperation in management of sharing economy operations and propose appropriate amendments to applicable policies.
- Cooperate with the Ministry of Finance and relevant local governments in connecting and exchanging information with tax authorities and performing tax administration tasks.
19. Provincial People's Committees shall:
- Review business operations using sharing economy model in the province, and adopt methods for management thereof as regulated.
- Provincial People’s Committees shall, subject to conditions of each province, promulgate regulations on business operations using sharing economy model in their provinces provided that they must not be contrary to law regulations.
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THE PRIME MINISTER
(Signed and sealed) Nguyen Xuan Phuc (This translation is for reference only)
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