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[VietlawOnline] - Weekly Newsletter No. 517 from 13 - 19 Jul. 2021
Labour - Employment:
2 cases allowing enterprises in Ho Chi Minh city to continue operation after July 15th, 2021

Notice No. 615/TB-VP dated July 13th, 2021 of the People’s Committee of Ho Chi Minh city regarding conclusion of Ho Chi Minh city People's Committee chairman Nguyen Thanh Phong at the meeting on listening to report on state of covid-19 prevention and control at enterprises in the city

Because most of Covid-19 cases in the community in Ho Chi Minh city are infected from workers at enterprises in export processing zones, industrial parks, hi-tech parks, Ho Chi Minh city People's Committee decides to allow enterprises to continue production activities only when they meet one of 2 solutions below:

1. To make arrangements for workers to make production and isolation at the premises according to the motto of "3 things at premise": to eat, rest and work on the premises.

2. To apply the motto of "1 route - 2 locations": only one route for concentratedly transporting employees from workplaces to places of living (it is allowable choosing dormitories, hotels or concentrated places of living for employees).

Any enterprise fails to meet any of the aforesaid 2 solutions its operation is required to be suspended from 00:00 of July 15th, 2021 until a new notice is issued.

With regard to enterprises that are allowed to continue operation, employees must be tested every 7 days. Enterprises shall pay for the tests themselves.

Strategy for attraction of foreign investors for the period of 2021 - 2030
Price range for leasing the right to provide air services
Adjustments to criteria for assessment of epidemic levels and measures for testing, quarantine
Regrading acceleration of COVID-19 vaccination
Procedures of declaration of F0 patients and issuance of certificate of completion of home quarantine
2022 Law on on Cinematography
Expenses in relation to Covid-19 quarantine for foreign workers shall be subject to PIT
Issue relating to via-bank payment
Advertisements for drugs’ incorrect utilities shall be stopped
Cases of service provision exempt from withholding tax
FDI enterprises may import aircrafts as assets for their projects
Regulations on organization and operation of bailiff
New regulations on paying winnings in foreign currency to foreigners playing prize-winning electronic games
Technical procedure for inspection of impurities in shrimps
3 new Vietnam’s Valuation Standards
Index:
Administrative violations

- Amendments to regulations on penalties for administrative violations against environmental protection regulations

Air Freight

- Approval of investment project for phase 1 construction of Long Thanh international airport

Borrowing

- Regulations on treatment of risks arising from loans provided for SMEs

Cars - Motorcycles

- Regarding permit for import of automobiles for non-commercial purposes

Construction

- Regarding addition of construction business line of FDI enterprise

- Amendments to regulations on construction contract

Construction materials

- Requirements of specialized inspection of imported building materials

Court

- Amendments to legal aid procedures

Covid-19

- Approval of 2021 - 2022 Covid-19 vaccination plan

- Conditions for pilot quarantine at home for F1

- The whole Ho Chi Minh city officially undergoes quarantine from July 9th, 2021

- All drivers and passengers from Ho Chi Minh city to other provinces must have the certificate of negative test for Covid-19

- Period of centralized quarantine for F1 individuals and people on entry.is reduced to 14 days

Culture - Sports

- Regulation on operation of general education schools for athletically gifted students

Electronic Transactions

- Tax authorities’ notifications, decisions sent via email have the same legal validity as the original ones

Foreign Investment

- Foreign company has to pay VAT and EIT when it engages in business cooperation in Vietnam

Foreign laborers

- New conditions on allowing foreign experts to enter Vietnam in the context of Covid-19

Forestry

- Regulations to be complied with upon temporary importation of timber

Import and export policies

- Regarding import of used steel rails

- It is banned from import of packaging with pre-printed foreign origin to pack Vietnamese goods

Labour - Employment

- 2 cases allowing enterprises in Ho Chi Minh city to continue operation after July 15th, 2021

Livestock feeds

- Declaration of National technical regulation on animal feed (amended version in 2021)

Securities

- Regarding EIT on profits from securities investment

- Methods for calculation of illegal gains in the securities sector

State Management

- Amendments to regulations on reception of guests of state agencies

Tax declaration

- Effective period of an advance pricing agreement is shortened to 3 years

Work Safety

- From July 18th, 2021: Some imported occupational devices shall be exempt from inspection

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New documents

1. Period of centralized quarantine for F1 individuals and people on entry.is reduced to 14 days

Dispatch No. 5599/BYT-MT dated July 14th, 2021 of the Ministry of Health regarding reduction in quarantine period, pilot home quarantine for F1 individuals, management and treatment of COVID-19 patients

Posted: 14/7/2021 1:37:23 PM | Latest updated: 7/1/2022 8:06:03 AM (GMT+7) | LuatVietnam: 5248 | Vietlaw: 517

The Ministry of Health decides to reduce the period of centralized quarantine from 21 days to 14 days for F1 individuals and people on entry. However, the time to continue monitoring health at home is increased from 7 days to 14 days.

Regarding pilot home quarantine for F1 individuals: The Ministry of Health has formulated the temporary guidance on home quarantine for COVID-19 prevention and control for F1 individuals (at the attached Appendix) to supersede the Guidelines at Official Dispatch No. 5152/BYT-MTstatus1 dated June 27th, 2021. Localities may make appropriate amendments to the guidance based on the local circumstances.

As for asymptomatic COVID-19 patients who are being treated at health facilities: they can be discharged on the 10th day when their 2 consecutive samples (at least 24 hours apart) have negative RT-PCR test results for SARS-CoV-2 or low viral load (CT-cycle threshold value ≥ 30) and continue to monitor health at home or accommodation in 14 days.

As for cases detected in the community without clinical symptoms: if there is a low viral load (CT value ≥ 30), then take them to a health facility for isolation and monitoring, and repeat the test after 24 hours; if they continue to have a low viral load (CT value ≥ 30) or the RT-PCR test result is negative for SARS-CoV-2, the patient will be discharged to monitor health at home.

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nexto  Vietnam scraps Covid-19 testing and medical declaration requirements for international people entering Vietnam (18/5/2022) 

nexto  From May 15, 2022: Vietnam stops the requirement for COVID-19 testing before entering the country (17/5/2022) 

2. 2 cases allowing enterprises in Ho Chi Minh city to continue operation after July 15th, 2021

Notice No. 615/TB-VP dated July 13th, 2021 of the People’s Committee of Ho Chi Minh city regarding conclusion of Ho Chi Minh city People's Committee chairman Nguyen Thanh Phong at the meeting on listening to report on state of covid-19 prevention and control at enterprises in the city

Posted: 14/7/2021 6:55:09 AM | Latest updated: 15/7/2021 11:16:12 AM (GMT+7) | LuatVietnam: 5247 | Vietlaw: 517

Because most of Covid-19 cases in the community in Ho Chi Minh city are infected from workers at enterprises in export processing zones, industrial parks, hi-tech parks, Ho Chi Minh city People's Committee decides to allow enterprises to continue production activities only when they meet one of 2 solutions below:

1. To make arrangements for workers to make production and isolation at the premises according to the motto of "3 things at premise": to eat, rest and work on the premises.

2. To apply the motto of "1 route - 2 locations": only one route for concentratedly transporting employees from workplaces to places of living (it is allowable choosing dormitories, hotels or concentrated places of living for employees).

Any enterprise fails to meet any of the aforesaid 2 solutions its operation is required to be suspended from 00:00 of July 15th, 2021 until a new notice is issued.

With regard to enterprises that are allowed to continue operation, employees must be tested every 7 days. Enterprises shall pay for the tests themselves.

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3. The whole Ho Chi Minh city officially undergoes quarantine from July 9th, 2021

Dispatch No. 2279/UBND-VX dated July 8th, 2021 of Ho Chi Minh city People's Committee regarding adoption of COVID-19 prevention and control measures according to Prime Minister’s Directive No. 16/CT-TTg dated March 31, 2020

Posted: 8/7/2021 2:43:38 PM | Latest updated: 13/7/2021 1:31:24 PM (GMT+7) | LuatVietnam: 5243 | Vietlaw: 517

Based on Official Telegram No. 914/CD-TTg dated July 6th, 2021, the People’s Committee of Ho Chi Minh city decides to place the whole Ho Chi Minh city under quarantine according to Directive No. 16/CT-TTg dated March 31st, 2020 for 15 days starting from 00:00 of July 9th, 2021.

Accordingly, during 15 days starting from July 9th, 2021, the whole Ho Chi Minh city must undergo quarantine with the rule that every family, neighborhood, commune and district and Thu Duc City may not come into contact with other families, neighborhoods, communes and districts.

At the same time, during the quarantine period, the people must stay home and only go out in strictly necessary cases such as purchase of food, pharmaceuticals and other essential goods and services; emergencies such as emergency aid, medical services, acts of god, fire and funerals; working (in enterprises that still operate), etc. When leaving home, wear face masks, wash hands with soap or hand sanitizers; do not form groups of more than 02 people in public spaces or outside office buildings or hospitals and keep a distance of at least 02 meters.

All non-essential services must be further suspended; wholesale markets and traditional markets that fail to meet COVID-19 safety criteria shall also be suspended.

Operation of lottery selling agencies and street lottery selling in Ho Chi Minh city, and takeaway services must be suspended for 15 days starting from 00:00 of July 9th, 2021.

Manufacturing establishments, traffic/construction works; essential businesses (food, pharmaceuticals, gasoline, oil, electricity, water, fuels, etc.); banks, treasuries, providers of banking services, enterprise support services (notary services, lawyer services, vehicle registration, secured transaction registration, etc.), securities services, postal services, telecommunications services, goods transport, import and export services, medical services, mortuary services, etc. may continue to operate but they must ensure to suspend non-urgent activities and reduce density of employees in the workplace.

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4. All drivers and passengers from Ho Chi Minh city to other provinces must have the certificate of negative test for Covid-19

Official telegram No. 08/CD-BGTVT dated July 8th, 2021 of the Ministry of Transport on application of urgent measures in prevention and control of Covid-19 in the transport sector

Posted: 8/7/2021 11:02:17 AM | Latest updated: 12/7/2021 2:59:28 PM (GMT+7) | LuatVietnam: 5244 | Vietlaw: 517

Based on Official Dispatch No. 914/CD-TTg dated July 6th, 2021 of the Prime Minister, the Ministry of Transport requests to apply urgent measures in prevention and control of covid-19 in the transport sector as follows:

- Localities must apply compulsory pandemic prevention and control measures to all people coming from pandemic-hit areas.

- All drivers, attendants and passengers on vehicles transporting passengers and goods, from Ho Chi Minh city to other provinces/cities or vice versa, are required to have a valid certificate of negative test for SARS-CoV-2, except for the vehicles that transport people to and from hospitals or medical centers in urgent cases.

- Vehicles that transport food, essentials, and production materials, shuttle buses that pick up officials, managers, experts, workers, etc. working at agencies, enterprises, factories, and industrial parks to commute daily between Ho Chi Minh City to neighboring provinces and vice versa are allowed to operate provided that they comply with every measures to prevent and control pandemic and must be approved by the People's Committees of neighboring provinces and cities

- Heads of enterprises, transport units, bus terminals, ports, ferry terminals, railway stations, airports, airfields, and vehicle owners are responsible for directly inspecting, urging and implementing the regulations on Covid-19 prevention and control at the units under their management.

- For people and vehicles to/from Ho Chi Minh City and related localities, the Directorate for Roads of Vietnam shall take charge and cooperate with agencies in splitting traffic flows, regulating specific time for vehicles to avoid congestion, maintain stable transport of goods and passengers, and meeting the requirements for pandemic prevention and control.

nexto  Domestic health declaration is halted from April 30th, 2022 (25/5/2022) 

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nexto  From May 15, 2022: Vietnam stops the requirement for COVID-19 testing before entering the country (17/5/2022) 

5. Amendments to regulations on reception of guests of state agencies

Circular No. 54/2021/TT-BTC dated July 6th, 2021 of the Ministry of Finance on amendments to Clause 4 Article 35 of Circular No. 71/2018/TT-BTC dated August 10, 2018 of Minister of Finance prescribing allowances for reception of foreign guests working in Vietnam, organization of international conferences and seminars in Vietnam, and reception of domestic guests

Posted: 8/7/2021 7:09:08 AM | Latest updated: 17/11/2021 4:06:04 PM (GMT+7) | Vietlaw: 517

This Circular takes effect from August 25th, 2021 and applies from the budget year 2021.

* Eff. date: Wednesday, August 25, 2021

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nexto  New regulations on diplomatic ceremonies and reception of foreign guests (17/3/2022) 

6. New conditions on allowing foreign experts to enter Vietnam in the context of Covid-19

Dispatch No. 5322/CV-BCD dated July 5th, 2021 of the National Steering Committee for Covid-19 Prevention and Control regarding guidelines for foreign experts and foreigners entering Vietnam during COVID-19 prevention and control

Posted: 5/7/2021 10:18:54 AM | Latest updated: 12/7/2021 2:58:40 PM (GMT+7) | LuatVietnam: 5241 | Vietlaw: 517

This Dispatch provides for new process of approval for allowing foreign experts to enter Vietnam, including technical experts, investors, business executives, skilled workers and their relatives (including: parents, spouse, children).

Under the new process, foreign experts and their relatives that wish to enter Vietnam must have result of SARS-CoV-2 testing by PCR technique within 3 days before the date of entry into Vietnam.

In case foreign experts that apply for entry do not hold international health insurance, the inviting enterprises, organizations must undertake to pay treatment costs if the foreign experts are infected with COVID-19.

The inviting enterprises, organizations must make a written commitment to be held fully liable for the information given in the written request and must obtain a business registration certificate or an operation license with functions and tasks suitable for the purpose of the entry request.

Agencies that consider granting entries to foreigner experts are still the People's Committees of provinces where offices of inviting enterprises, organizations are located. However, with regard to foreign experts who are invited by diplomatic missions, foreign consular offices, international organization mission, it is required to be approved by the Working Group of 5 Ministries.

In addition, under the new process, the People's Committees of provinces shall be in charge of appointing/selecting places of centralized quarantine for foreign experts rather than allowing the foreign experts to themselves select places of centralized quarantine.

This Dispatch takes effect from the date of signing.

To replace Dispatch No. 2847/CV-BCDstatus1 dated May 23rd, 2020, Dispatch No. 3949/CV-BCDstatus1 dated July 24th, 2020, Dispatch No. 1113/CV-BCD dated February 23rd, 2021 and Dispatch No. 3440/CV-BCDstatus1 dated April 27th, 2021.

* Eff. date: Monday, July 5, 2021

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7. Declaration of National technical regulation on animal feed (amended version in 2021)

Circular No. 05/2021/TT-BNNPTNT dated June 30th, 2021 of the Ministry of Agriculture and Rural Development on amendment 1:2021 QCVN 01-190:2020/BNNPTNT National technical regulation on animal feed and ingredients in aquaculture feed - maximum level of undesirable substances

Posted: 1/7/2021 10:41:17 AM | Latest updated: 15/7/2021 11:16:48 AM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 517

This Circular promulgates the Regulation amending the National technical regulation on animal feed. The amended symbol: 1:2021 QCVN 01-190:2020/BNNPTNT

This Circular takes effect from July 1st, 2021

Animal feed whose conformity has been assessed under QCVN 01-190:2020/BNNPTNT prior to the effective date of this Circular are not required to undergo conformity assessment upon registration of conformity declaration but are required to undergo a surveillance audit under QCVN 01-190:2020/BNNPTNT and Amendment 1:2021 QCVN 01-190:2020/BNNPTNT.

Animal feed whose conformity declaration has been registered under QCVN 01-190:2020/BNNPTNT prior to the effective date of this Circular are not required to follow procedures for registering conformity declaration but are required to undergo a surveillance audit under QCVN 01-190:2020/BNNPTNT and Amendment 1:2021 QCVN 01-190:2020/BNNPTNT

If domestically manufactured animal feed in QCVN 01-190:2020/BNNPTNT which has had its information published on the web portal of the Ministry of Agriculture and Rural Development has been manufactured before July 1st, 2022 but has not had its conformity declared, it may be circulated on the market until its expiry date.

If domestically manufactured animal feed in QCVN 01-190:2020/BNNPTNT which has had its information published on the web portal of the Ministry of Agriculture and Rural Development is manufactured as of July 1st, 2022, its conformity must be declared before circulation on the market.

* Eff. date: Thursday, July 1, 2021

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8. From July 18th, 2021: Some imported occupational devices shall be exempt from inspection

Official letter No. 21523/SLDTBXH-VL-ATLD dated June 29th, 2021 of the Department of Labor - Invalids and Social Affairs of Ho Chi Minh city regarding implementation of Circular No. 01/2021/TT-BLDTBXH dated June 3rd, 2021

Posted: 5/7/2021 8:44:33 AM | Latest updated: 14/7/2021 2:53:42 PM (GMT+7) | LuatVietnam: 5241 | Vietlaw: 517

The Department of Labor - Invalids and Social Affairs of Ho Chi Minh city notes that, from July 18th, 2021, imported devices subject to inspection of work safety shall apply according to the new List at Circular No. 01/2021/TT-BLDTBXH

Accordingly, many devices such as boilers; vessels, reservoirs, vats and tankers, cranes, cargo hoists, etc. (Section II of the List promulgated together with Circular No. 01/2021/TT-BLDTBXH) shall be exempt from quality inspection upon the import from July 18th, 2021.

With regard to devices that are still subject to inspection upon the import (Section I of the List promulgated together with Circular No. 01/2021/TT-BLDTBXH), the following devices shall be inspected at Departments of Labor - Invalids and Social Affairs

- Cylinders and containers for compressed gas with nominal working pressure exceeding 0.7 bar (excluding cylinders for petroleum and liquefied petroleum gas)

- Electric pulleys and hoists

- Hand pulleys and hoists with lifting load of 1.000 kg or more

- Lift tables and elevating work platforms for lifting people (excluding suspended work platforms used in construction)

The remaining devices shall be inspected at the Department of Work Safety (the Ministry of Labor - Invalids and Social Affairs).

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9. Conditions for pilot quarantine at home for F1

Dispatch No. 5152/BYT-MTstatus1 dated June 27th, 2021 of the Ministry of Health regarding guiding medical quarantine at home for F1status1

Posted: 28/6/2021 7:17:16 AM | Latest updated: 29/12/2021 8:06:48 AM (GMT+7) | LuatVietnam: 5235 | Vietlaw: 517

Because concentrated medical quarantine facilities in Ho Chi Minh city are overloading, the Ministry of Health allows pilot quarantine at home for F1 if requirements of medical supervision and infection prevention are met according to the guidelines provided at this Dispatch.

Accordingly, outside the house (where the F1 undergoes quarantine) must be erected a sign with red background containing the following phrase in yellow: “DỊA DIỂM CÁCH LY Y TẾ PHÒNG CHỐNG DỊCH COVID-19” (MEDICAL QUARANTINE LOCATION FOR COVID-19 MANAGEMENT) to prevent other people coming during the quarantine period.

Room/ storey for quarantine must be separate, closed, and isolated from general living space of the family. A separate room adjacent to medical quarantine room must be allocated to allow medical personnel to examine medical conditions, collect specimen, monitor health conditions.

The F1 is not allowed to the leave quarantine room throughout quarantine period, do not make contact with anyone and must sanitize living space on a daily basis as instructed under Annex 3.

The elderly and individuals who suffer from illnesses must not live in the same house as quarantined individuals. If the F1 requires a caretaker, the latter must fully prepare personal protective equipment to prevent infection (medical face masks, medical gloves, boots, protective goggles, clothes).

The F1, household owner and caretaker (if any) must make the written commitments using Forms at Annex 1 and Annex 2 of this Dispatch.

* Eff. date: Sunday, June 27, 2021

This documents was expired from July 14, 2021. See new guidelines at the Official Letter No. 5599/BYT-MT dated July 14, 2021

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10. Effective period of an advance pricing agreement is shortened to 3 years

Circular No. 45/2021/TT-BTC dated June 18th, 2021 of the Ministry of Finance on guidance on application of advance pricing agreements (APA) to enterprises having related-party transactions

Posted: 22/6/2021 11:24:38 AM | Latest updated: 9/7/2021 1:27:21 PM (GMT+7) | LuatVietnam: 5232 | Vietlaw: 517

An advance pricing agreement (APA) means an advance agreement signed between a tax authority and enterprises having related-party transactions on method for determination to value for calculation of enterprise income tax (EIT)

This Circular of the Ministry Finance changes regulations on signing of an APA in order to specify Article 41 of Decree No. 126/2020/ND-CP, applicable to enterprises having related-party transactions specified at Article 5 of Decree No. 132/2020/ND-CP

Accordingly, the maximum effective period of a concluded APA is 3 tax years instead of 5 years under the earlier regulations.

The application for applying APA shall be made according to Clause 3 Article 41 of Decree No. 126/2020/NĐ-CP .

Related-party transactions to which an APA is proposed to be applied are transactions arose and will continue to take place during the proposed APA application period and not involved in tax disputes or complaints

This Circular takes effect from August 3rd, 2021 and replaces Circular No. 201/2013/TT-BTCstatus1 dated December 20th, 2013.

* Eff. date: Tuesday, August 3, 2021

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11. Requirements of specialized inspection of imported building materials

Official letter No. 1906/BXD-VLXD dated May 26th, 2021 of the Ministry of Construction regarding issues relating to implementation of Circular No. 19/2019/TT-BXD

Posted: 3/6/2021 9:11:40 AM | Latest updated: 8/7/2021 9:50:09 AM (GMT+7) | LuatVietnam: 5224 | Vietlaw: 517

Currently, the List of imported building materials subject to post-clearance specialized inspection is promulgated at Table 1 of Circular No. 19/2019/TT-BXD by the Ministry of Construction.

Specifications of specialized inspection with regard to imported building materials are also instructed by the Ministry of Construction at Official letter No. 504/BXD-VLXD dated February 13th, 2020.

The requirement of submission of specialized inspection documents upon importing group 2- commodities is regulated at Clause 3 Article 1 of Decree No. 74/2018/ND-CPstatus2 according to the principles below:

- If the national technical regulation allows declaring regulation conformity according to results of self-assessment of regulation conformity enterprises or certification results of certifying organizations that have registered or have been recognized, upon the import, it is only required to submit the application for specialized inspection (certified by the inspection agency). This is considered to be the “post-clearance inspection”.

- If the national technical regulation requires to declare regulation conformity according to certification results of appointed certifying organizations, upon the import, it is required to submit the Notice of results of specialized inspection. This is considered to be the “pre-clearance inspection”.

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12. Regarding addition of construction business line of FDI enterprise

Official letter No. 1879/BXD-HDXD dated May 25th, 2021 of the Ministry of Construction regarding addition of business line

Posted: 4/6/2021 2:12:36 PM | Latest updated: 8/7/2021 9:49:30 AM (GMT+7) | LuatVietnam: 5222 | Vietlaw: 517

According to the Ministry of Construction’s opinions, the consideration for addition of business lines of an FDI enterprise (including construction business line) shall be carried out according to the regulations of laws on investment and treaties to which Vietnam is a member. Laws on construction do not regulate this content.

However, in case the FDI enterprise registers to supplement the construction business line, it has to ensure operation conditions and construction capacity according to regulations of laws on construction upon participating in construction activities in Vietnam.

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13. Amendments to legal aid procedures

Circular No. 03/2021/TT-BTP dated May 25th, 2021 of the Ministry of Justice on amending Circular No. 08/2017/TT-BTP dated November 15, 2017 by Minister of Justice elaborating Law on Legal Aid and providing guidance on legal aid documents; Circular No. 12/2018/TT-BTP dated August 28, 2018 by Minister of Justice providing guidance on some legal aid operations and control of legal aid case quality

Posted: 16/6/2021 7:30:13 AM | Latest updated: 14/9/2021 2:48:29 PM (GMT+7) | Vietlaw: 517

This Circular takes effect from July 15th, 2021.

* Eff. date: Thursday, July 15, 2021

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14. Amendments to regulations on penalties for administrative violations against environmental protection regulations

Decree No. 55/2021/ND-CPstatus3 dated May 24th, 2021 of the Government on amendments and supplements to several Articles of the Government’s Decree No. 155/2016/ND-CPstatus3 dated November 18, 2016 on penalties for administrative violations against environmental protection regulationsstatus3

Posted: 25/5/2021 7:27:22 AM | Latest updated: 11/7/2022 4:24:46 PM (GMT+7) | LuatVietnam: 5215 | Vietlaw: 517

This Decree is to amend, supplement to some regulations on penalties for administrative violations against environmental protection regulations, including:

- Amendments, supplements to some concepts: Entities penalized for administrative violations against regulations on environmental protection; hazardous environmental parameters; environmental impact assessment report; certification of completion of environmental protection project; typical municipal solid waste, etc.

- Supplement of some remedial measures such as: compelling the relocation of projects or facilities causing pollution; compelling the renovation of waste disposal works; compelling the installation of automatic wastewater monitoring equipment or systems; compelling the demolition of works and equipment built or installed in contravention of regulations; etc.

- Amendments to fines imposed on violations against regulations on implementation of environmental protection plans;

- Amendments to fines imposed on violations against regulations on implementation of decisions on approval of environmental impact assessment reports

- Replacement of regulations on penalties for violations against regulations on execution of certificates of completion of environmental protection works;

...

This Decree takes effect from July 10th, 2021.

* Eff. date: Saturday, July 10, 2021

This Decree shall be expired from August 25th, 2022, replaced by Decree No. 45/2022/ND-CP dated July 7th, 2022.

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nexto  To increase fines imposed on violations against regulations on payment to a disaster management fund (1/3/2022) 

nexto  Administrative penalties for violations against regulations on social safety, security, order from January 1st, 2022 (8/7/2022) 

15. It is banned from import of packaging with pre-printed foreign origin to pack Vietnamese goods

Official letter No. 1493/TDC-QLCL dated May 21st, 2021 of the Directorate for Standards, Metrology, and Quality regarding import of packaging for packing exported goods

Posted: 16/6/2021 7:21:32 AM | Latest updated: 8/7/2021 9:50:20 AM (GMT+7) | LuatVietnam: 5229 | Vietlaw: 517

The Directorate for Standards, Metrology, and Quality assumes that the case in which an enterprise imports packaging with pre-printed foreign origin to pack exported goods that meet origin criteria of Vietnam has sign of fraud of origin. Upon detecting, the authorities have the right to examine and handle according to regulations.

With regard to the case of import of packaging with pre-printed foreign origin together with packaging containers and products/semi-finished products with foreign origin to perform a processing contract, to pack goods for export, the Directorate for Standards, Metrology, and Quality assumes that the labeling for exported goods must not comply with Decree No. 43/2017/ND-CPstatus2 but it must conform to regulations of importing countries, contracts or treaties.

In addition, labels of exported goods must also truly and correctly present goods origin and must reflect correct nature of the goods.

nexto  Procedures for auctions of import tariff quota on sugar (1/8/2022) 

nexto  Import of goods inconsistent with the license shall be subject to a fine ranging from VND 2,000,000 to VND 50,000,000 (16/6/2022) 

nexto  Vietnam’s 2022 Nomenclature of exports and imports (11/7/2022) 

nexto  It is required to declare import origin upon exporting goods on the CITES List (6/5/2022) 

16. Regarding permit for import of automobiles for non-commercial purposes

Official letter No. 2432/TCHQ-GSQL dated May 21st, 2021 of the General Department of Vietnam Customs regarding extension of permit for import of automobiles for non-commercial purposes

Posted: 26/5/2021 8:45:41 AM | Latest updated: 8/7/2021 9:49:09 AM (GMT+7) | LuatVietnam: 5216 | Vietlaw: 517

According to Article 4 of Circular No. 143/2015/TT-BTCstatus2 , permit for import or temporary import of automobiles for non-commercial purposes shall be valid within 30 days as from the date of issue and shall not be extended or modified.

This regulation means that if automobiles for non-commercial purposes are not imported within 30 days as from the date of obtaining the import permit, it is required to apply for a new import permit.

nexto  Issues relating to tax upon import of environmentally friendly electric mini autos (16/5/2022) 

nexto  Amendments to regulations on driver training, driving tests and issuance of driving licenses for motor vehicles (5/5/2022) 

nexto  From March 1st, 2022: It is required to pay excise tax upon import of battery-powered electric cars (21/3/2022) 

nexto  Cars imported from January 1st, 2022 must meet level-5 exhaust emission standard (18/3/2022) 

17. Foreign company has to pay VAT and EIT when it engages in business cooperation in Vietnam

Official letter No. 17320/CTHN-TTHT dated May 20th, 2021 of the Department of Taxation of Ha Noi city regarding policies on value added tax (VAT) and enterprise income tax (EIT)

Posted: 1/6/2021 7:29:33 AM | Latest updated: 8/7/2021 9:49:48 AM (GMT+7) | LuatVietnam: 5218 | Vietlaw: 517

According to Article 2 of Circular No. 219/2013/TT-BTCstatus2 , goods and services traded and consumed in Vietnam shall be subject to VAT

Concurrently, according to point a Clause 1 Article 2 of Circular No. 78/2014/TT-BTCstatus2 , parities involved in a business cooperation contract must declare and pay EIT.

Accordingly, in case a foreign company signs a service business cooperation contract with a Vietnamese Company, the arisen incomes shall be subject to the declaration and payment of VAT and EIT.

In which, VAT shall apply 10% tax rate and EIT shall apply 20% tax rate.

nexto  How to register an account to use the investment supervision and assessment information system (22/7/2022) 

nexto  Strategy for attraction of foreign investors for the period of 2021 - 2030 (2/8/2022) 

nexto  FDI enterprises are not allowed to import materials to sell them to a third country (22/6/2022) 

nexto  How to distinguish import procedure codes applicable to FDI enterprises (24/6/2022) 

18. Regarding EIT on profits from securities investment

Official letter No. 17324/CTHN-TTHT dated May 20th, 2021 of the Department of Taxation of Ha Noi city regarding tax policy applicable to securities investment Fund

Posted: 2/6/2021 7:19:38 AM | Latest updated: 8/7/2021 9:49:13 AM (GMT+7) | LuatVietnam: 5220 | Vietlaw: 517

According to Article 7 of Circular No. 98/2020/TT-BTC, a securities investment fund may only distribute profits to investors after the fund has fulfilled its tax liabilities (tax payment is made before the distribution of profits);

Concurrently, according to Clause 6 Article 8 of Circular No. 78/2014/TT-BTCstatus2 , incomes divided from capital contribution after the payment of enterprise income tax (EIT) shall be exempt from tax.

Accordingly, ‘profit” distributed to investors from a securities investment fund is after-tax profit, it is not required to withhold EIT upon making payments to investors, including foreign investors.

nexto  From March 25th, 2022: Provisions for investments in Government bonds shall not be made (15/4/2022) 

nexto  Guidelines for preparation of pro forma financial statements (for securities companies) (6/4/2022) 

nexto  New regulation on supervision of the compliance with laws of Vietnam Exchange (5/5/2022) 

nexto  Conditions for banks performing securities-related activities (3/3/2022) 

19. Regarding import of used steel rails

Official letter No. 2331/TCHQ-GSQL dated May 19th, 2021 of the General Department of Vietnam Customs regarding import of used steel rails

Posted: 20/5/2021 7:37:39 AM | Latest updated: 8/7/2021 9:48:54 AM (GMT+7) | LuatVietnam: 5216 | Vietlaw: 517

With regard to “used steel rails”, the General Department of Vietnam Customs requests Customs Departments of provinces to base on opinions of Vietnam Environment Administration at Official letter No. 649/TCMT-QLCT dated March 16th, 2021 and declaration of enterprises to settle the customs clearance.

Accordingly, in case used steel rails are classified into the group of materials for construction of railways with C/O specifying that they are used goods of HS code 7302; they are neither scraps nor belong to heading 7204, imported for reuse to make railways in factories, wharves rather than being used for recycling, manufacturing of cast iron and steel, they shall be exempt from complying with regulations on import of scraps at the Law on Environment protection and Decision No. 28/2020/QD-TTg .

However, in case having information, doubts about imports seemed to be scraps, customs authorities shall conduct the post-clearance inspection.

nexto  Procedures for auctions of import tariff quota on sugar (1/8/2022) 

nexto  Import of goods inconsistent with the license shall be subject to a fine ranging from VND 2,000,000 to VND 50,000,000 (16/6/2022) 

nexto  Vietnam’s 2022 Nomenclature of exports and imports (11/7/2022) 

nexto  It is required to declare import origin upon exporting goods on the CITES List (6/5/2022) 

20. Regulations to be complied with upon temporary importation of timber

Official letter No. 1201/HQHCM-GSQL dated May 14th, 2021 of the Customs Department of Ho Chi Minh city regarding policy on goods items, tax policy on round timber temporarily imported from Australia, Africa and America

Posted: 27/5/2021 9:11:12 AM | Latest updated: 28/6/2021 10:04:35 AM (GMT+7) | LuatVietnam: 5218 | Vietlaw: 517

When trading in temporary importation of timber, an enterprise needs to refer to the following regulations to ensure that it complies with documentation, import - export procedures and tax policy:

- Article 13 of Decree No. 69/2018/ND-CP to know whether or not it has to apply for a license for temporary importation of timber;

- Article 7 of Decree No. 102/2020/ND-CP to know required documents, dossiers upon following procedures for importation of timber;

- Section 11 Annex 1 of Circular No. 15/2018/TT-BNNPTNTstatus1 to review whether the types of timber to be imported are subject to quarantine or not;

- Decision No. 4832/QD-BNN-TCLN dated November 27th, 2020 to see the List of timber types already imported into Vietnam and List of positive geographical areas exporting timber into Vietnam;

- Official letter No. 2765/TCHQ-GSQLstatus1 dated April 1st, 2015 to determine custom procedure codes to be declared upon importation and re-exportation of timber;

- Clause 9 Article 16 of the Law on Import and Export Duties No. 107/2016/QH13 and Article 13 of Decree No. 134/2016/ND-CPstatus2 to know duty exemption policy and conditions for consideration for duty exemption.

nexto  Scheme for sustainable and efficient development of timber processing industry in 2021 - 2030 period (13/4/2022) 

nexto  Regulations on classification of timber processing and exporting enterprises (20/4/2022) 

nexto  Regulations to be complied with upon temporary importation of timber (2/6/2021) 

nexto  Guidelines for declaration of imported timber origin in the absence of a FLEGT license (12/1/2021) 

21. Amendments to regulations on construction contract

Decree No. 50/2021/ND-CP dated April 1st, 2021 of the Government on amendments to the Government’s Decree No. 37/2015/ND-CPstatus2 dated April 22, 2015 on elaboration of construction contracts

Posted: 2/4/2021 7:47:30 AM | Latest updated: 16/6/2022 10:06:14 AM (GMT+7) | LuatVietnam: 5181 | Vietlaw: 517

This Decree amends, supplements to many important regulations pertaining to construction contract, including:

- Amendments to these concepts: “Contract for procurement of materials and equipment”; “Contract for engineering and procurement of materials and equipment (EP)”; “Contract for procurement of materials and equipment and construction of works (PC)”; “Contract for engineering - procurement of materials and equipment - construction of works (EPC)”

- Supplement of the concept “Simple and small-scale construction contract”; “Cost-plus fee contract”; “Combined price contract”

- Supplement of the concept of and cases entitled to apply “cost-plus fee contract price”;

- Regulations on liquidation of construction contracts

- Principles of adjusting construction contracts

...

Accordingly, regarding a simple and small-scale construction contract, the awarding party and receiving party shall consider and agree upon whether to make an advance payment. Particularly, the investor shall consider and decide to provide a contract advance payment security which is suitable for the nature of the contractual work

Regarding construction contract unit price, it is only allowable adjusting upon increasing/decreasing volume of work more than 20% and resulting in a change of over 0.25% of the contract value and over 1% of the unit price for such work.

This Decree takes effect from the date of its signing.

* Eff. date: Thursday, April 1, 2021

nexto  Issue relating to completion of construction works (16/5/2022) 

nexto  Regarding application of foreign standards to construction works in Vietnam (5/5/2022) 

nexto  How to calculate costs for making feasibility study report and construction design costs (28/4/2022) 

nexto  Regarding regulations on calculation of costs of appraisal of construction projects (6/4/2022) 

22. Tax authorities’ notifications, decisions sent via email have the same legal validity as the original ones

Circular No. 19/2021/TT-BTC dated March 18th, 2021 of the Ministry of Finance on providing guidelines for e-transactions in taxation

Posted: 29/3/2021 12:40:31 PM | Latest updated: 24/5/2022 10:06:14 AM (GMT+7) | LuatVietnam: 5175 | Vietlaw: 517

According to Article 5 and Article 6 of this Circular, tax authorities shall converse physical notifications, decisions, documents into electronic ones and send them via email to enterprises. This means that e-documents shall have the same legal validity as the original documents.

Applications for taxpayer registration, tax declaration dossiers, confirmation of fulfillment of tax obligations, procedures for offsetting overpaid tax, etc. even state budget payment documents, shall be also converted into e-documents and electronically signed before being sent via email

E-documents of tax authorities may be converted into physical documents according to the process regulated at Decree No. 165/2018/ND-CP.

Time for confirming submission of e-tax dossiers is regulated at Article 8 of this Circular as follows:

- For an e-application for taxpayer registration: When the transaction is completed it shall be confirmed by the notification, using Form No. 01-1/TB-TDT

- For a tax declaration dossier, only when the taxpayer receives the notification of acceptance of e-dossier according to Form No. 01-2/TB-TDT, the transaction is considered to be succeeded.

This Circular takes effect from May 3rd, 2021.

To replace Circular No. 110/2015/TT-BTCstatus1 dated July 28th, 2015 and Circular No. 66/2019/TT-BTCstatus1 dated September 20th, 2019.

* Eff. date: Monday, May 3, 2021

Please be informed that the attached forms are neither translated nor included in the English file.

nexto  Fees for online certificate status protocol maintenance from June 1st, 2022 (26/7/2022) 

nexto  Enterprises are optional to conclude electronic or physical economic contracts (18/2/2022) 

nexto  From December 15th, 2021: Individual taxpayers may make online tax declaration on mobile devices (8/5/2022) 

nexto  [Merged] - Regulations on e-commerce (17/3/2022) 

23. Regulation on operation of general education schools for athletically gifted students

Circular No. 07/2021/TT-BGDDT dated March 12th, 2021 of the Ministry of Education and Training on promulgating regulation on organization and operation of general education schools for athletically gifted students

Posted: 23/3/2021 3:55:37 PM | Latest updated: 16/7/2021 1:57:20 PM (GMT+7) | Vietlaw: 517

General education schools for athletically gifted students are educational institutions of the national educational system and specialized schools for athletically gifted students.

General education schools for athletically gifted students have the functions of training, fostering and developing athletic talents of students and teaching the national curriculum according to regulations of the primary school statute and lower secondary school, upper secondary school and multi-level school statute promulgated by the Minister of Education and Training.

This Circular comes into force from April 27th, 2021 and supersedes Decision No. 32/2003/QD-BGD&DT dated July 11th, 2003.

* Eff. date: Tuesday, April 27, 2021

nexto  Amendments to dossiers, written forms of judicial expertise in the field of culture (27/6/2022) 

nexto  From February 12th, 2021: The minimum carter capital for the business of prize-winning electronic games shall be increased to 500 billion VND (5/7/2022) 

nexto  New regulations on sports training (22/9/2021) 

nexto  Standards for awarding titles to high-achieving sports athletes (27/7/2021) 

24. Approval of 2021 - 2022 Covid-19 vaccination plan

Decision No. 1467/QD-BYTstatus1 dated March 5th, 2021 of the Ministry of Health on approving 2021 - 2022 Covid-19 vaccination planstatus1

Posted: 24/6/2021 7:34:56 AM | Latest updated: 9/7/2021 1:24:27 PM (GMT+7) | LuatVietnam: 5233 | Vietlaw: 517

Under this plan, the following entities shall be prioritized for COVID-19 vaccine in 2021 – 2022 period:

1. Front-line workers

2. Vietnamese diplomatic officials and staff seconded overseas; customs staff and officials involved in entry and exit operations.

3. Essential service providers such as aviation, transport, tourism; power supply, water supply, etc.

4. Teachers, workers in educational and training institutions; workers in administrative units and agencies frequently meeting many people.

5. Persons having chronic illness and persons aged 65 and above.

6. Persons living in infected areas.

7. Poor people and social policy beneficiaries.

8. Persons seconded to work or study abroad by competent authority.

Firstly, the vaccination shall be deployed in infected provinces and cities; provinces and cities having large and highly populated cities and multiple industrial parks and provinces and cities having important transport hubs.

This Decision takes effect from the date of its signing.

* Eff. date: Friday, March 5, 2021

This Decision shall be expired from July 8th, 2021, replaced by Decision No. 3355/QD-BYT dated July 8th, 2021.

nexto  Domestic health declaration is halted from April 30th, 2022 (25/5/2022) 

nexto  Guidelines on post Covid-19 rehablitation (20/6/2022) 

nexto  Vietnam scraps Covid-19 testing and medical declaration requirements for international people entering Vietnam (18/5/2022) 

nexto  From May 15, 2022: Vietnam stops the requirement for COVID-19 testing before entering the country (17/5/2022) 

25. Methods for calculation of illegal gains in the securities sector

Circular No. 117/2020/TT-BTC dated December 31st, 2020 of the Ministry of Finance on regarding methods for calculation of illegal gains or proceeds from commission of offences against laws on securities and stock markets

Posted: 11/1/2021 7:50:52 AM | Latest updated: 9/7/2021 1:27:52 PM (GMT+7) | LuatVietnam: 5129 | Vietlaw: 517

This Circular provides for principles and methods for calculation of:

- Illegal proceeds brought from performing acts of manipulating the securities market, using internal information for purchase and sale of stocks regulated at Article 132 of the Law on Securities No. 54/2019/QH14 .

- Illegal gains obtained from commission of offences against laws on securities and securities market according to the provisions of point d clause 3 Article 4 of Decree No. 156/2020/ND-CPstatus2 .

Accordingly, “taxes and fees payable” shall be subtracted upon calculation of illegal gains or proceeds obtained from commission of offences against laws on securities.

In case where an entity or individual “commits multiple offences” or “commits an offence in multiple times”, illegal gains, proceeds shall be determined according to each offence/each time of commission of offences.

In case where an entity or individual commits an offence involving multiple stock ticker symbols, the illegal gain specific to a stock ticker symbol shall be determined.

However, in case where an entity or person uses multiple accounts for manipulating the stock, illegal proceeds shall be calculated based on total number of trades via accounts used to commit offences after taking away intra-group transactions between accounts (if any).

In case where a group of entities or a group of persons, or a mixed group of entities and persons commits the act of manipulation of the stock market, illegal proceeds shall be calculated based on total number of trades via accounts used to commit offences after excluding intra-group transactions between accounts (if any).

This Circular takes effect from February 15th, 2021.

To replace Circular No. 217/2013/TT-BTCstatus1 dated December 31st, 2013 and Circular No. 36/2017/TT-BTC dated April 27th, 2017.

* Eff. date: Monday, February 15, 2021

nexto  From March 25th, 2022: Provisions for investments in Government bonds shall not be made (15/4/2022) 

nexto  Guidelines for preparation of pro forma financial statements (for securities companies) (6/4/2022) 

nexto  New regulation on supervision of the compliance with laws of Vietnam Exchange (5/5/2022) 

nexto  Conditions for banks performing securities-related activities (3/3/2022) 

26. Regulations on treatment of risks arising from loans provided for SMEs

Circular No. 14/2020/TT-BKHDT dated December 31st, 2020 of the Ministry of Planning providing guidance on treatment of risks arising from direct lending operations of the Small and Medium Enterprise Development Fund (SMEDF)

Posted: 11/1/2021 7:48:21 AM | Latest updated: 9/7/2021 1:28:04 PM (GMT+7) | LuatVietnam: 5130 | Vietlaw: 517

This Circular provides guidance on treatment of risks in direct lending operations of the small and medium enterprise development Fund regulated at Section I Chapter III and Section II Chapter V of Decree No. 39/2019/ND-CP

“Risk” means the possibility of a loss, associated with loans given by the small and medium enterprise development Fund, resulting from a small and medium enterprise’s failure or inability to meet part or all of repayment obligations on its loan (principal and/or interest) under the signed contract.

However, the small and medium enterprise development Fund may only prepare dossier of consideration and application of measures for risk treatment when a borrowing enterprise falls into neither the cases regulated at Article 5 such as: suffering financial and/or property damage due to disasters, calamities, crop failure, epidemics, fire, other objective factors, etc. having bad debts according clause 1 Article 37 of Decree No. 39/2019/ND-CP or declaring bankrupt.

Measures for risk treatment shall be applied depending on each condition, including: revision of payment periods/amounts; extension of repayment period; debt charge-off; debt sale; disposition of collateral; outstanding interest write-off and outstanding principal write-off.

In which, a small and medium enterprise (SME) may be eligible for outstanding principal and interest write-off if it is declared bankrupt. If it suffers damages due to disasters, calamities, crop failure, epidemics, fire, it may be eligible for outstanding interest write-off.

This Circular takes effect from February 25th, 2021.

* Eff. date: Thursday, February 25, 2021

nexto  Eligibility requirements for loan and loan limit for private pre-schools affected by Covid-19 (17/5/2022) 

nexto  Credit policies for enterprises and the people in mountainous regions (12/5/2022) 

nexto  In 2022-2023 period enterprises shall be provided 2% of interest rate support upon borrowing loans for business and production recovery (12/7/2022) 

nexto  Interest rate applicable to concessional housing loans in 2022 is 4.8% (13/12/2021) 

27. Approval of investment project for phase 1 construction of Long Thanh international airport

Decision No. 1777/QD-TTg dated November 11th, 2020 of the Prime Minister on approving investment project for phase 1 construction of Long Thanh international airport

Posted: 25/11/2020 1:48:54 PM | Latest updated: 12/7/2021 2:49:41 PM (GMT+7) | Vietlaw: 517

This Decision takes effect from the date of its signing.

* Eff. date: Wednesday, November 11, 2020

nexto  Requirements upon provision of online training for aviation staff from February 2nd, 2022 (27/12/2021) 

nexto  Amendments, supplements to regulations on management and provision of air navigation services (1/1/2022) 

nexto  Conditions for operation of airports and aerodromes from (9/2/2022) 

nexto  Packages of tax reduction, exemption given to aviation enterprises affected by Covid-19 (11/12/2021) 


luuy Notes:
* Above summaries are reference only, NOT considered as an advice and/or consultance
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