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| Index: |
| Building construction: |
| Capital transfer: |
| Cars - Motorcycles: |
- Regarding conditions for import duty incentives for automobile supporting products |
| Certificate of Origin (C/O): |
- Announcement of links for searching status of electronic C/O form D |
| Civil Status: |
| Construction: |
| Covid-19: |
- 16 southern provinces/cities are added to implementation of social distancing from July 19th, 2021 |
| Environment: |
- Environmental protection fees on industrial wastewater shall be increased from 2021 |
| Food Safety: |
- Requirements of application for registration of product declaration |
| Immigration: |
| Import and export duties: |
- Regarding export duty upon hiring processing of scrap outside Vietnam |
| Import and export policies: |
- Cases allowable to import packages with pre-printed foreign origins |
| Land and Housing: |
- Abrogation of some procedures for investment in housing project |
- Amendments to some regulations on disposition of public property |
| ODA projects: |
- Regarding selection of payment currency for a construction contract |
| Pharmaceutical - Cosmetics: |
- Regarding reservation of essential drugs for treatment of Covid-19 patients |
| Proceedings - Criminal: |
| Real estates trading: |
- Issues relating to procedures for transfer of a real estate project |
- Commercial housing projects are not allowed to borrow foreign loans |
| Representative offices: |
- Regarding VAT on services provided for foreign organizations |
| Securities: |
- Regulations on financial management and investment of Vietnam Exchange |
| Trade unions - Labour Disputes: |
- Procedures for election of executive boards and chairpersons of grassroots trade unions |
Read more: |
| New documents |
1. Centralized quarantine period for entrants fully vaccinated against Covid-19 shall be reduced to 7 daysOfficial letter No. 6288/BYT-MT Centralized quarantine period for peoples entering Vietnam that fully meet these conditions shall be reduced to 7 days: - Having been tested negative for SARS-CoV-2 (using RT-PCR/RT-LAMP method) within 72 hours prior to departure; - Having been fully vaccinated against Covid-19 (the last dose has been given at least 14 days but no more than 12 months before the entry time); - For those who have been infected with SARS-CoV-2, it is required to have the proof showing that they have recovered from Covid-19. However, they have to further monitor their health status for another 7 days at their residences. They have to be tested for SARS-CoV-2 twice during the quarantine period, on the first and the seventh day, counting from the entry date. This Official letter shall be expired, replaced by Official letter No. 10688/BYT-MT
 dated December 16th, 2021.
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2. Regarding reservation of essential drugs for treatment of Covid-19 patientsDispatch No. 6145/BYT-QLD dated July 30th, 2021 of the Ministry of Health regarding ensuring the security of provision and price stabilization of drugs for Covid-19 prevention and control Posted: 30/7/2021 3:42:00 PM | Latest updated: 6/8/2021 8:39:56 AM (GMT+7) | Vietlaw: 520 The document is to request hospitals, pharmaceutical enterprises to develop plan for reservation of essential drugs for treatment of Covid-19 patients according to the Decision No. 2626/QD-BYT and not exploiting the situation of the Covid-19 pandemic to push up drug prices.
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3. Announcement of links for searching status of electronic C/O form DOfficial letter No. 3760/TCHQ-CNTT dated July 28th, 2021 of the General Department of Vietnam Customs regarding searching electronic C/O form D According to announcement of the General Department of Vietnam Customs, from August 1st, 2021, enterprises may access to one of the following addresses to search status of electronic C/O form D: - The national single window portal (https://vnsw.gov.vn) and move to C/O searching menu; - Link: https://khaibaohoso.vnsw.gov.vn/common/COFormDTracking.
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4. From July 24, 2021: Enterprises in industrial parks in Ha Noi must ensure "3 on-sites” to continue their operationDirective No. 17/CT-UBND dated July 23rd, 2021 of Hanoi People’s Committee on social distancing in Hanoi for Covid-19 prevention and control Under this Directive, Ha Noi will implements social distancing in all parts of Hanoi for 15 days starting from 06:00 of July 24th, 2021. With regard to factories and manufacturing establishments operating during the social distancing period, they must register their operation with the commune-level People’s Committee. For factories and manufacturing establishments in industrial parks/industry clusters, they must ensure the plan for safe manufacturing according to "3 on-sites” or “1 route 2 destinations”. Establishments providing essential goods, services shall be allowed opening during the social distancing period.
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5. 16 southern provinces/cities are added to implementation of social distancing from July 19th, 2021Dispatch No. 969/TTg-KGVX dated July 17th, 2021 of the Prime Minister regarding the implementation of social distancing to prevent and control the pandemic in certain provinces and cities Because the COVID-19 pandemic spreads in many southern provinces/cities, the Prime Minister requests to implement social distancing in all parts of the following provinces/cities: Can Tho city and Binh Phuoc, Tay Ninh, Ba Ria - Vung Tau, Tien Giang, Long An , Vinh Long, Dong Thap, Ben Tre, Hau Giang, An Giang, Bac Lieu, Soc Trang, Tra Vinh, Ca Mau, Kien Giang provinces. The social distancing duration is 14 days, starting from 0:00 on July 19th, 2021. Prior to the aforesaid date, Ho Chi Minh City and Binh Duong, Dong Nai provinces ware required to implement social distancing in the whole city/province.
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6. Amendments to some regulations on disposition of public propertyDecree No. 67/2021/ND-CP dated July 15th, 2021 of the Government on amendments to Government’s Decree No. 167/2017/ND-CP This Decree amends, supplements to regulations pertaining to public houses and land, including: - Cases in which houses, land shall not undergo disposition under Decree No. 167/2017/ND-CP - State-owned enterprises that have to undergo disposition of houses, land under Decree No. 167/2017/ND-CP - Management and use of proceeds from the sale of property on land, transfer of land use rights; - Responsibility for preparing a property disposition plan; ... This Decree takes effect from September 1st, 2021. The regulations at Clause 1 Article 1 of this Decree come into force from the date on which it is signed. * Eff. date: Wednesday, September 1, 2021
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7. Regarding guidelines on construction permit for a foreign contractor providing consultancy for construction project in VietnamOfficial letter No. 2715/BXD-HDXD dated July 14th, 2021 of the Ministry of Construction regarding guidelines on construction permit of foreign contractors The Ministry of Construction notes that with regard to a foreign contractor that is invited to participate in providing independent consultancy for a construction project in Vietnam, if the scope of task belongs construction activities as regulated at clause 21 Article 2 of the Law on Construction No. 50/2014/QH13 If the scope of the consultation task does not belong to construction activities, the foreign contractor must not apply for a construction permit according to clause 2 Article 148 of the Law on Construction.
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8. Regarding selection of payment currency for a construction contractOfficial letter No. 2648/BXD-KTXD dated July 12th, 2021 of the Ministry of Construction regarding competence to adjust a contract According to opinions of the Ministry of Construction, if there are differences in payment currency and ratio of each currency between documents attached to a construction contract using ODA fund, it is required to base on the order of priority of documents enclosed with the construction contract as regulated at Clause 3 Article 142 of the Law on Construction and clause 3 Article 1 of Decree No. 37/2015/ND-CP In case a treaty to which Vietnam is a contracting party contains provisions different from the aforesaid regulations, to carry out according to that treaty.
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9. Citizen identity card may prove Vietnamese nationalityOfficial letter No. 2151/BTP-HTQTCT dated July 1st, 2021 of the Ministry of Justice regarding papers proving Vietnamese nationality According to the Ministry of Justice, because the Law on Vietnamese Nationality has been promulgated since 2008, before the date of promulgation of the Law on Citizen Identification. As the result, the Law on Vietnamese Nationality has yet to regulate that the citizen identity card is the paper proving Vietnamese nationality. However, clause 1 Article 18 and clause 1 Article 19 of the Law on Citizen Identification regulate that citizen identity cards shall be granted to Vietnamese citizens aged full 14 years or older and on the citizen identity card, there is information about nationality. As the result, the citizen identity card is considered to be the paper proving Vietnamese nationality.
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10. Abrogation of some procedures for investment in housing projectCircular No. 07/2021/TT-BXD dated June 30th, 2021 of the Ministry of Construction on amending some Articles of Circular No. 19/2016/TT-BXD This Circular abrogates some provisions at Circular No. 19/2016/TT-BXD - Article 4 regarding procedures for requesting the Prime Minister to approve investment guidelines of a housing project; - Article 5 regarding procedures for requesting the People’s Committee of a province to approve investment guidelines of a housing project; - Article 6 regarding appraisal by housing authorities of housing projects specified in Clause 2 and Clause 3 Article 9 of Decree No. 99/2012/ND-CP - Article 7 regarding application for registration of investor in a commercial housing project; - Article 8 regarding procedures for selection of investor in a commercial housing project; - Clause 1 Article 9 regarding conditions for raising capital for commercial housing development by collecting advances from buyers or tenants. - Article 11 regarding documentation and procedures for selection of a real estate enterprise as investor in an official residence project In addition, Point e Clause 4 Article 8 of the Regulation on management and use of apartment buildings enclosed with Circular No. 02/2016/TT-BXD This Circular takes effect from August 15th, 2021. * Eff. date: Sunday, August 15, 2021
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11. Regulations on report on disbursement of ODACircular No. 48/2021/TT-BTC dated June 28th, 2021 of the Ministry of Finance on providing guidelines on forms of reports on disbursement of official development assistance (ODA) and concessional loans granted by foreign donors Posted: 5/7/2021 9:53:17 AM | Latest updated: 13/4/2022 1:06:15 PM (GMT+7) | Vietlaw: 520 Reports instructed at this Circular include: - Report on disbursement plan for program/project funded by ODA - Monthly/yearly report on disbursement of ODA loan/concessional loan - Report on recording revenue and expenditure of ODA loan/concessional loan annually - Report on end of disbursement of ODA loan/concessional loan This Circular takes effect from August 15th, 2021. * Eff. date: Sunday, August 15, 2021
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12. New regulations on dike-related projects requiring approval from the Ministry of Agriculture and Rural DevelopmentCircular No. 04/2021/TT-BNNPTNT dated June 28th, 2021 of the Ministry of Agriculture and Rural Development on guidelines on approval for and assessment of dike-related activities Posted: 1/7/2021 10:44:15 AM | Latest updated: 2/8/2021 11:04:58 AM (GMT+7) | Vietlaw: 520 This Circular provides for obtaining approval from the Ministry of Agriculture and Rural Development for dike-related activities and assessment of contents related to flood runoff and dike safety for projects on investment in construction on empty river terraces, islets or eyots requiring the Prime Minister’s approval. This Circular takes effect from August 15th, 2021 and replaces Circular No. 46/2011/TT-BNNPTNT * Eff. date: Sunday, August 15, 2021
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13. Procedures for election of executive boards and chairpersons of grassroots trade unionsGuidelines No. 28/HD-TLD dated June 24th, 2021 of Vietnam General Confederation of Labour on procedures for nomination for and election of executive boards and chairpersons of grassroots trade unions at congresses This document provides for guidelines on standards for selection of persons to nominate; procedures for nomination for, election of members of executive boards and chairpersons of grassroots trade unions. Accordingly, with regard to chairperson nominations: prioritize persons who are trade union officials (holding the title of deputy team leader or higher), meet all standards for executive board members, and have been trade union officials for 3 years or more. For nominations to the executive board: prioritize persons who have continuously joined the trade union for one year or more, fully pay union fees, meet the general standards, have high professional qualification or are highly skilled. For newly established grassroots trade unions: prioritize trade union members who join the boards for establishing the unions or are temporary executive board members meeting all requirements, standards. Winners of executive board member and chairperson elections must receive more than half of the votes collected by the election board. In case more people receive more than half of the votes than needed, select from the person with the highest number of votes to those with fewer votes until sufficient winners are selected. In case more than one nomination for the chairperson title receive more than half of the votes and equal number of votes, vote on the chairperson title for the second time.
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14. New regulations on law practicingCircular No. 05/2021/TT-BTP dated June 24th, 2021 of the Ministry of Justice on guidelines and implementation of the Lawyer Law, Decree on elaboration and implementation of the Lawyer Law This Circular regulates in details these contents: - Recognition of overseas lawyer training; -Proof of exemption from law practice training and exemption from or reduction in legal traineeship period; - Revocation, reissuance of the law practice certificate; -Head of branch, change in operation registration of branch and notice of establishment of transaction office of law-practicing organization; - Reissuance of establishment license, operation registration certificate of foreign law-practicing organization, foreign lawyer practicing certificate in Vietnam; - The Lawyers’ Congress of Bar Association, National Congress of Bar Delegates; - Inspection, reporting, and certain forms on lawyer-related activities and operation. This Circular takes effect from August 10th, 2021. To replace Circular No. 17/2011/TT-BTP * Eff. date: Tuesday, August 10, 2021
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15. Cases allowable to import packages with pre-printed foreign originsOfficial letter No. 3108/TCHQ-GSQL dated June 21st, 2021 of the General Department of Vietnam Customs regarding import of packages The General Department of Vietnam Customs notes that the prohibition on import of packages with pre-printed foreign origins mentioned at point 3 of Official letter No. 974/TCHQ-GSQL dated March 2nd, 2021 is only applied to the mode of import for sale or for consumption, not directly serving an enterprise's production activities. Particularly, the following cases are still allowed to import packages with pre-printed foreign origins: - Packages with pre-printed foreign origins (bottles, jars, tubes, etc.) imported together with finished products, semi-finished products that have origins in line with those indicated on the imported packages for splitting, packing the imported finished products, semi-finished products for export or domestic consumption later. - Packages with pre-printed foreign origins imported to replace the packages imported formerly for packing goods which are damaged provided that the packages imported for replacement are identical to the formerly - imported packages which are damaged. With regard to packages imported to serve processing, export production, export processing, it required to further carry out according to the guidelines provided at point 2.1 of the aforesaid Official letter No. 974/TCHQ-GSQL.
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16. Regarding export duty upon hiring processing of scrap outside VietnamOfficial letter No. 3112/TCHQ-TXNK dated June 21st, 2021 of the General Department of Vietnam Customs regarding export duty on scrap exported for hiring processing outside Vietnam According to clause 5 Article 1 of Decree No. 18/2021/ND-CP, minerals and products processed from minerals (account for at least 51%) exported for hiring processing shall be still subject to export duty, except scrap produced during the manufacture or processing of the imports for export. Accordingly, in case a company imports aluminum coils (the products processed from minerals) according to A12 mode – Import for manufacture and trade, then the company obtains scrap (aluminum edges and aluminum chips) to export the scrap abroad for hiring processing, it shall not be exempt from export duty.
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17. Regarding PIT on income from capital investmentOfficial letter No. 21839/CTHN-TTHT dated June 18th, 2021 of the Department of Taxation of Ha Noi city regarding personal income tax (PIT) on income from capital investment Incomes an individual receives from capital investment, including capital contributions in kind, by reputation, etc. shall be subject to tax in terms of incomes from investment (Clause 3 Article 2 of Circular No. 111/2013/TT-BTC This tax now is still subject to the tax rate of 5% and withheld, paid by the income payer (Article 10, Article 25 of Circular No. 111/2013/TT-BTC
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18. Regulations on financial management and investment of Vietnam ExchangeDecree No. 59/2021/ND-CP dated June 18th, 2021 of the Government on prescribing financial management and performance assessment of Vietnam Exchange and Vietnam Securities Depository And Clearing Corporation Posted: 21/6/2021 7:49:38 AM | Latest updated: 2/8/2021 1:36:28 PM (GMT+7) | Vietlaw: 520 This Decree regulates in details intercorporate investments of Vietnam Exchange; management of revenues and expenses; performance assessment and promulgates the mechanism for financial management of Vietnam Exchange. Accordingly, Vietnam Exchange may only make intercorporate investments in the fields of securities and securities market. After being established and operates under 2019 Law on Securities, Vietnam Exchange must comply with regulations on financial management in accordance with this Decree. This Decree takes effect from August 6th, 2021. To abrogate Articles 9, 10, 11, 12, Clause 3 Article 13 and the phrases “Sở Giao dịch chứng khoán, Trung tâm Lưu ký Chứng khoán Việt Nam” (“Stock Exchange, Vietnam Securities Depository”) and “Sở Giao dịch chứng khoán và Trung tâm Lưu ký Chứng khoán Việt Nam” (“Stock Exchange and Vietnam Securities Depository”) in Articles 1, 2, 13, 15, 16, 17 of Decree No. 122/2017/ND-CP * Eff. date: Friday, August 6, 2021
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19. Regarding PIT on compensation for contract liquidationOfficial letter No. 21927/CTHN-TTHT dated June 18th, 2021 of the Department of Taxation of Ha Noi city regarding compensation upon liquidation of contract According to opinions of the Department of Taxation of Ha Noi city, in case a housing investor, because of objective reason, has to liquidate a contract of apartment sale before handing over the apartment to client and incurs compensation as agreed in the contract, the expenditure on compensation shall be accounted into deductible expenses upon determination of income liable to enterprise income tax if the conditions at Article 4 of Circular No. 96/2015/TT-BTC The client shall not be subject to personal income tax (PIT) with regard to the compensation because it is entitled to PIT exemption according to point n clause 3 Article 12 of Circular No. 92/2015/TT-BTC
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20. Requirements of application for registration of product declarationOfficial letter No. 1158/ATTP-PCTTR dated June 18th, 2021 of Vietnam Food Administration replying to proposal of citizen With regard to the application for registration of the product declaration in terms of food safety, enterprises need to meet the requirements at Clause 3 Article 7 of Decree No. 15/2018/ND-CP Accordingly, the documents in the application must be written in Vietnamese language; documents in other languages must be translated into Vietnamese language and notarized. All documents must be unexpired when the application is submitted.
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21. Regarding VAT on services provided for foreign organizationsOfficial letter No. 21842/CTHN-TTHT dated 18th, 2021 of the Department of Taxation of Ha Noi city regarding value added tax (VAT) policy applicable to services provided for foreign organizations According to Clause 1 Article 9 of Circular No. 219/2013/TT-BTC If the foreign party has a permanent establishment in Vietnam (such as a representative office), 0% VAT shall be only applied to value of the service performed outside Vietnam.
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22. Regarding conditions for import duty incentives for automobile supporting productsOfficial letter No. 6550/BTC-CST dated June 17th, 2021 of the Ministry of Finance regarding determination of automobile supporting products to apply the Tax incentive program for automobile supporting industry According to opinions of the Ministry of Finance, conditions for application of the Tax incentive program for automobile supporting industry shall be carried out according to Clause 2 Article 1 of Decree No. 57/2020/ND-CP Particularly, the determination of automobile supporting products given priority for development under Decree No. 111/2015/ND-CP belongs to jurisdiction of the Ministry of Industry and Trade rather than the Ministry of Finance.
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23. Issues relating to procedures for transfer of a real estate projectOfficial letter No. 2253/BXD-QLN dated June 16th, 2021 of the Ministry of Construction regarding competence to allow transferring the whole or a part of a real estate project With regard to the activity of transfer of (the whole or a part of) a real estate project, if the activity takes place before January 1st, 2021, the competence to allow the transfer shall comply with Article 50 of the Law on Real estate trading No. 66/2014/QH13 If the activity takes place from January 1st, 2021, the competence to allow the transfer shall comply with the new regulations at point b Clause 2 Article 75 of the Law on Investment No. 61/2020/QH14 Regarding applications for transfer of a real estate project submitted before the date on which 2020 Law on Investment takes effect have not been settled, clause 5 Article 115 of the Government's Decree No. 31/2021/ND-CP regulates that the investor may either continue applying procedures for transfer according to regulations of the Law on Real estate trading or carry out procedures for transfer according to regulations of 2020 Law on investment.
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24. From June 16th, 2021: Sugar products imported from Thailand shall be imposed official anti-dumping and countervailing dutiesDecision No. 1578/QD-BCT dated June 15th, 2021 of the Ministry of Industry and Trade on imposition of official anti-dumping and countervailing duties on cane sugar products imported from Kingdom of Thailand Posted: 16/6/2021 2:38:03 PM | Latest updated: 2/8/2021 1:16:58 PM (GMT+7) | Vietlaw: 520 Certain cane sugar products (table sugar, cane sugar, granulated sugar, raw sugar, white sugar, refined sugar, RE sugar, RS sugar, etc.) from Thailand shall be officially imposed anti-dumping and countervailing duties when they are imported into Vietnam from June 16th, 2021, Products which bear the following HS codes shall be subject to anti-dumping and countervailing duties: 1701.13.00, 1701.14.00, 1701.91.00, 1701.99.10, 1701.99.90, and 1702.90.91. The anti-dumping duty rate and countervailing duty rate shall be 42.99% and 4.65%, respectively The official anti-dumping and countervailing duties shall be imposed for a period of 05 (five) years, starting from June 16th, 2021. This Decision takes effect from June 16th, 2021. * Eff. date: Wednesday, June 16, 2021
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25. It is exempt from applying the drug administration policy with regard to goods removed from the List of herbal ingredientsOfficial letter No. 2925/TCHQ-GSQL dated June 15th, 2021 of the General Department of Vietnam Customs regarding implementation of Circular No. 03/2021/TT-BYT Relating to the import policy applicable to goods derived from plant, the General Department of Vietnam Customs requests to carry out according to the guidelines provided at Official letter No. 122/TCHQ-GSQL dated January 12th, 2021. With regard to goods items on the List promulgated together with Circular No. 03/2021/TT-BYT, the General Department of Vietnam Customs notes that these goods items have been removed from the List of herbal ingredients (promulgated at Annex 1 of Circular No. 48/2018/TT-BYT), there is no ground to require to further apply regulations, policies on drug administration to these goods items.
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26. Regarding conditions for construction permit exemptionOfficial letter No. 2177/BXD-HDXD dated June 14th, 2021 of the Ministry of Construction regarding construction permit exemption According to Clause 30 Article 1 of the amended Construction Law No. 62/2020/QH14, construction works of which results of appraisal have been notified by specialized construction agencies to meet conditions for approval of design and which meet requirements for construction permit shall be exempt from construction permit. However, in this case, after obtaining results of design appraisal, the investor has to additionally submit documents proving the eligibility for issuance of construction permit to the local construction authority together with the commencement notice for examining and monitoring (Clause 5 Article 38 of the Government's Decree No. 15/2021/ND-CP ). Department of Construction shall examine the eligibility for issuance of construction permit right after receiving the commencement notice of the investor.
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27. Commercial housing projects are not allowed to borrow foreign loansOfficial letter No. 2182/BXD-QLN dated June 14th, 2021 of the Ministry of Construction regarding capital raising for projects investing in real estate trading According to clause 4 Article 69 of the Law on Housing No. 65/2014/QH13 Accordingly, applicable laws do not allow borrowing foreign loans, including loans provided by foreign credit institutions, to execute commercial housing projects in Vietnam. This means that commercial housing projects are banned from borrowing foreign loans for development of the projects. In addition, applicable laws on housing do not regulate allocation of loans for execution of construction items in projects investing in construction of commercial housing.
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28. [Merged] - Construction LawMerged Document No. 02/VBHN-VPQH dated July 15th, 2020 of Office of the National Assembly on the Construction Law Posted: 12/1/2021 8:51:02 AM | Latest updated: 2/8/2021 11:04:00 AM (GMT+7) | Vietlaw: 520 This document is to merge the amendments, supplements of Law No. 03/2016/QH14 dated November 22nd, 2016, Law No. 35/2018/QH14
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29. Environmental protection fees on industrial wastewater shall be increased from 2021Decree No. 53/2020/ND-CP dated May 5th, 2020 of the Government on environmental protection fees on wastewater “Wastewater” subject to environmental protection fees in this Decree includes industrial wastewater and domestic wastewater. Fee payers are still similar to those under current regulations. However, the new Decree supplements regulations on exemption from environmental protection fees for non-business households and individuals in wards and towns where a clean water supply system is available that extract water themselves. Environmental protection fees on wastewater are still 10% of the VAT-excluded selling price of 1 m3 of clean water. However, the fixed environmental protection fees on industrial wastewater from January 1st, 2021 shall be increased from VND 1,500,000/year to VND 2,500,000/year (if the average volume of wastewater is less than 5 m3/day) and to VND 4,000,000/year (if the average volume of wastewater is from 10 m3/day to less than 20 m3/day). This Decree takes effect from July 1st, 2020 and replaces Decree No. 154/2016/ND-CP * Eff. date: Wednesday, July 1, 2020
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From March 15th, 2022: Vietnam’s pre-pandemic entry and exit policies shall be reinstated
dated December 31, 2017 on disposition of public property
Notes: