VietlawOnline
[VietlawOnline] - Weekly Newsletter No. 520 from 03 - 09 Aug. 2021
Trade unions - Labour Disputes:
Procedures for election of executive boards and chairpersons of grassroots trade unions

Guidelines 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.

It is not require to apply for the license to temporarily import exported products for warranty
Regarding procedures for allocating land to approved investor
It is required to declare import origin upon exporting goods on the CITES List
New regulation on supervision of the compliance with laws of Vietnam Exchange
Regarding settlement of tax on goods leased or lent by EPEs
Amendments to regulations on driver training, driving tests and issuance of driving licenses for motor vehicles
Overseas study counseling service providers in Ho Chi Minh City must review their operation conditions
Regarding application of foreign standards to construction works in Vietnam
From April 27th, 2022: Regulations on health declaration applied to entrants shall be suspended
From February 21st, 2022: Price for SARS-CoV-2 testing service shall be reduced to VND 78,000 VND
Notable points in relation to measurement and inspection of goods’ quality from March 15th, 2022
Amendments to regulations on management, operation and maintenance of road construction works
Amendments to Circulars in aquaculture
Requirements and procedures for entry for child adoption in the Covid-19 pandemic
Some notes in relation to new overtime working cap
Index:
Building construction:

- New regulations on dike-related projects requiring approval from the Ministry of Agriculture and Rural Development

Capital transfer:

- Regarding PIT on income from capital investment

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:

- Citizen identity card may prove Vietnamese nationality

Construction:

- Regarding guidelines on construction permit for a foreign contractor providing consultancy for construction project in Vietnam

- Regarding conditions for construction permit exemption

- [Merged] - Construction Law

Covid-19:

- 16 southern provinces/cities are added to implementation of social distancing from July 19th, 2021

- From July 24, 2021: Enterprises in industrial parks in Ha Noi must ensure "3 on-sites” to continue their operation

Environment:

- Environmental protection fees on industrial wastewater shall be increased from 2021

Food Safety:

- Requirements of application for registration of product declaration

Immigration:

- Centralized quarantine period for entrants fully vaccinated against Covid-19 shall be reduced to 7 days

Import and export duties:

- Regarding export duty upon hiring processing of scrap outside Vietnam

- From June 16th, 2021: Sugar products imported from Thailand shall be imposed official anti-dumping and countervailing duties

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

- Regulations on report on disbursement of ODA

Pharmaceutical - Cosmetics:

- Regarding reservation of essential drugs for treatment of Covid-19 patients

- It is exempt from applying the drug administration policy with regard to goods removed from the List of herbal ingredients

Proceedings - Criminal:

- New regulations on law practicing

Real estates trading:

- Issues relating to procedures for transfer of a real estate project

- Commercial housing projects are not allowed to borrow foreign loans

- Regarding PIT on compensation for contract liquidation

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

New documents

1. Centralized quarantine period for entrants fully vaccinated against Covid-19 shall be reduced to 7 days

Official letter No. 6288/BYT-MTstatus1 dated August 4th, 2021 of the Ministry of Health regarding reduction of centralized quarantine period for entrants that have been fully vaccinated against Covid-19.status1

Posted: 4/8/2021 10:02:17 AM | Latest updated: 17/12/2021 10:49:59 AM (GMT+7) | LuatVietnam: 5263 | Vietlaw: 520

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-MTstatus1 dated December 16th, 2021.

nexto  From March 15th, 2022: Vietnam’s pre-pandemic entry and exit policies shall be reinstated (18/3/2022) 

nexto  Regarding granting entry to people who do not have visas (21/1/2022) 

nexto  Requirements for Covid-19 prevention and control with regard to entrants in Ho Chi Minh city from January 1st, 2022 (7/1/2022) 

nexto  There are more 9 nations from which Covid-19 vaccination certificates shall be exempt from consular legalization (18/8/2021) 

2. Regarding reservation of essential drugs for treatment of Covid-19 patients

Dispatch 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.

nexto  Statistical reports in the field of pharmacy - cosmetics (27/12/2021) 

nexto  Removal of procedures for issuance of licenses for trading in drugs, vaccines to foreign companies (17/12/2021) 

nexto  Amendments to regulations on bidding for supply of drugs for public health facilities (29/9/2021) 

nexto  Guidelines for marketing authorization of COVID-19 vaccines (20/8/2021) 

3. Announcement of links for searching status of electronic C/O form D

Official letter No. 3760/TCHQ-CNTT dated July 28th, 2021 of the General Department of Vietnam Customs regarding searching electronic C/O form D

Posted: 29/7/2021 1:30:52 PM | Latest updated: 4/8/2021 10:37:29 AM (GMT+7) | LuatVietnam: 5262 | Vietlaw: 520

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.

nexto  From March 15th, 2022: Malaysia will issue physical C/O instead of electronic C/O due to technical errors (5/4/2022) 

nexto  Regarding proof of origin for goods subject to anti-dumping duty (1/4/2022) 

nexto  Rules of origin under RCEP are available (21/3/2022) 

nexto  Vietnam will discuss principle of aggregate of origins under UKVFTA Agreement with South Korea (4/3/2022) 

4. From July 24, 2021: Enterprises in industrial parks in Ha Noi must ensure "3 on-sites” to continue their operation

Directive No. 17/CT-UBND dated July 23rd, 2021 of Hanoi People’s Committee on social distancing in Hanoi for Covid-19 prevention and control

Posted: 26/7/2021 7:44:30 AM | Latest updated: 2/8/2021 11:03:45 AM (GMT+7) | LuatVietnam: 5255 | Vietlaw: 520

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.

nexto  New definitions of Covid-19 confirmed case and close contact (20/4/2022) 

nexto  Guidelines for health workers engaging in COVID-19 control (26/4/2022) 

nexto  Guidelines on Covid-19 treatment for pregnant women, lactating women, and infants at home (18/4/2022) 

nexto  Regarding COVID-19 vaccination for children from 5 to under 12 years of age (15/4/2022) 

5. 16 southern provinces/cities are added to implementation of social distancing from July 19th, 2021

Dispatch 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

Posted: 19/7/2021 7:07:14 AM | Latest updated: 6/8/2021 8:39:08 AM (GMT+7) | LuatVietnam: 5250 | Vietlaw: 520

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.

nexto  New definitions of Covid-19 confirmed case and close contact (20/4/2022) 

nexto  Guidelines for health workers engaging in COVID-19 control (26/4/2022) 

nexto  Guidelines on Covid-19 treatment for pregnant women, lactating women, and infants at home (18/4/2022) 

nexto  Regarding COVID-19 vaccination for children from 5 to under 12 years of age (15/4/2022) 

6. Amendments to some regulations on disposition of public property

Decree No. 67/2021/ND-CP dated July 15th, 2021 of the Government on amendments to Government’s Decree No. 167/2017/ND-CPstatus2 dated December 31, 2017 on disposition of public property

Posted: 19/7/2021 7:20:15 AM | Latest updated: 2/8/2021 11:03:32 AM (GMT+7) | LuatVietnam: 5253 | Vietlaw: 520

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-CPstatus2 ;

- State-owned enterprises that have to undergo disposition of houses, land under Decree No. 167/2017/ND-CPstatus2 ;

- 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

nexto  [Merged] - Regulation on management and use of apartment buildings (11/10/2021) 

nexto  [Merged] - Regulations on housing ownership and sale, purchase (27/9/2021) 

nexto  Amendments to some regulations on disposition of public property (19/7/2021) 

nexto  It is exempt from submission of identity card and family register upon issuance of certificate of land use right, house ownership (25/3/2022) status2

7. Regarding guidelines on construction permit for a foreign contractor providing consultancy for construction project in Vietnam

Official letter No. 2715/BXD-HDXD dated July 14th, 2021 of the Ministry of Construction regarding guidelines on construction permit of foreign contractors

Posted: 26/7/2021 3:47:03 PM | Latest updated: 4/8/2021 10:37:10 AM (GMT+7) | LuatVietnam: 5262 | Vietlaw: 520

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/QH13status2 , the foreign contractor must apply for a construction permit.

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.

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

nexto  Some notes upon liquidation of a construction contract due to the contractor’s breach in the contract (1/4/2022) 

nexto  Regarding modification of categories, origin in a construction contract (25/2/2022) 

nexto  Order of priority application of documents enclosed with a construction contract (25/2/2022) 

8. Regarding selection of payment currency for a construction contract

Official letter No. 2648/BXD-KTXD dated July 12th, 2021 of the Ministry of Construction regarding competence to adjust a contract

Posted: 23/7/2021 2:19:37 PM | Latest updated: 4/8/2021 10:37:53 AM (GMT+7) | LuatVietnam: 5262 | Vietlaw: 520

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-CPstatus2 to carry out.

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.

nexto  Regarding selection of payment currency for a construction contract (4/8/2021) 

nexto  Regulations on report on disbursement of ODA (5/7/2021) 

nexto  Regarding PIT exemption for foreign experts performing ODA projects in Vietnam (26/2/2021) 

nexto  Regarding VAT refund for contractors of ODA projects (13/1/2021) 

9. Citizen identity card may prove Vietnamese nationality

Official letter No. 2151/BTP-HTQTCT dated July 1st, 2021 of the Ministry of Justice regarding papers proving Vietnamese nationality

Posted: 7/7/2021 3:37:32 PM | Latest updated: 4/8/2021 10:36:54 AM (GMT+7) | LuatVietnam: 5262 | Vietlaw: 520

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.

nexto  New regulations on issuance, revision of Citizen Identity Cards (22/6/2021) 

nexto  New regulations on permanent residence registration, temporary residence registration (9/6/2021) 

nexto  Amendments to regulations on assignment of personal identification numbers to citizens (31/3/2021) 

nexto  2020 Residence Law: Family registries and temporary residence registries shall be removed (15/12/2020) 

10. Abrogation of some procedures for investment in housing project

Circular No. 07/2021/TT-BXD dated June 30th, 2021 of the Ministry of Construction on amending some Articles of Circular No. 19/2016/TT-BXDstatus2 dated June 30, 2016 and Circular No. 02/2016/TT-BXDstatus2 dated February 15, 2016 by Minister of Construction

Posted: 27/7/2021 2:28:20 PM | Latest updated: 4/11/2021 9:25:32 AM (GMT+7) | LuatVietnam: 5259 | Vietlaw: 520

This Circular abrogates some provisions at Circular No. 19/2016/TT-BXDstatus2 pertaining to housing, including:

- 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-CPstatus1 ;

- 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-BXDstatus2 dated February 15, 2016 is also abrogated.

This Circular takes effect from August 15th, 2021.

* Eff. date: Sunday, August 15, 2021

nexto  [Merged] - Regulation on management and use of apartment buildings (11/10/2021) 

nexto  [Merged] - Regulations on housing ownership and sale, purchase (27/9/2021) 

nexto  Amendments to some regulations on disposition of public property (19/7/2021) 

nexto  It is exempt from submission of identity card and family register upon issuance of certificate of land use right, house ownership (25/3/2022) status2

11. Regulations on report on disbursement of ODA

Circular 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

nexto  Regarding selection of payment currency for a construction contract (4/8/2021) 

nexto  Regulations on report on disbursement of ODA (5/7/2021) 

nexto  Regarding PIT exemption for foreign experts performing ODA projects in Vietnam (26/2/2021) 

nexto  Regarding VAT refund for contractors of ODA projects (13/1/2021) 

12. New regulations on dike-related projects requiring approval from the Ministry of Agriculture and Rural Development

Circular 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-BNNPTNTstatus1 dated June 27th, 2011.

* Eff. date: Sunday, August 15, 2021

nexto  Regulations on operation of works serving natural disaster management (30/11/2021) 

nexto  Regarding some issues in relation to construction activities (11/11/2021) 

nexto  New guidelines on determination of structure maintenance costs (11/10/2021) 

nexto  New regulations on dike-related projects requiring approval from the Ministry of Agriculture and Rural Development (1/7/2021) 

13. Procedures for election of executive boards and chairpersons of grassroots trade unions

Guidelines 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

Posted: 9/7/2021 8:55:17 AM | Latest updated: 13/4/2022 1:06:15 PM (GMT+7) | LuatVietnam: 5250 | Vietlaw: 520

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.

nexto  It is exempt from trade union fee for those who are paid salary lower than regional minimum wages (12/8/2021) 

nexto  Procedures for election of executive boards and chairpersons of grassroots trade unions (19/7/2021) 

nexto  Trade union fees distributed to internal trade unions shall be gradually increased (27/4/2021) 

nexto  Guidelines on payment of trade union subscriptions at Vietnam Bank for Agriculture and Rural Development (19/10/2020) 

14. New regulations on law practicing

Circular 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

Posted: 2/7/2021 10:07:21 AM | Latest updated: 19/1/2022 8:06:03 AM (GMT+7) | LuatVietnam: 5240 | Vietlaw: 520

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-BTPstatus1 dated October 14th, 2011 and Circular No. 02/2015/TT-BTP dated January 16th, 2015.

* Eff. date: Tuesday, August 10, 2021

nexto  Guidelines for approaches to corruption-related crimes (20/1/2021) 

nexto  Prohibited acts of investigators (16/12/2020) 

nexto  Reply to some issues relating to handling of criminal cases (16/9/2021) 

nexto  2020 Law on Judicial Expertise (amended version) (9/7/2020) 

15. Cases allowable to import packages with pre-printed foreign origins

Official letter No. 3108/TCHQ-GSQL dated June 21st, 2021 of the General Department of Vietnam Customs regarding import of packages

Posted: 22/6/2021 7:20:17 AM | Latest updated: 2/8/2021 1:37:07 PM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 520

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.

nexto  Strategy for merchandise exports and imports by 2030 (28/4/2022) 

nexto  Notes in import of raw materials from Russia for export production (1/4/2022) 

nexto  New regulations: Materials imported for export production must be labeled (17/2/2022) 

nexto  Regarding transfer of goods in transit into domestic consumption (16/2/2022) 

16. Regarding export duty upon hiring processing of scrap outside Vietnam

Official 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

Posted: 22/6/2021 7:21:03 AM | Latest updated: 2/8/2021 1:37:37 PM (GMT+7) | LuatVietnam: 5234 | Vietlaw: 520

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.

nexto  Schedule on problem resolutions regarding amendments to policies on import and export duties (11/1/2022) 

nexto  Rules of imposition of anti-dumping, countervailing duties on goods imported from the United Kingdom of Great Britain (12/11/2021) 

nexto  Regarding selection to apply FTA (1/10/2021) 

nexto  Regarding export duties on goods manufactured for export (21/9/2021) 

17. Regarding PIT on income from capital investment

Official 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

Posted: 22/6/2021 1:06:04 PM | Latest updated: 2/8/2021 1:37:11 PM (GMT+7) | LuatVietnam: 5233 | Vietlaw: 520

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-BTCstatus2 ).

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-BTCstatus2 ).

nexto  How to determine value of contributed capital upon calculation of tax on incomes from capital transfer (11/6/2021) 

nexto  Issues relating to tax in relation to capital transfer of foreign investors (31/3/2021) 

nexto  Regarding EIT on incomes from capital transfer of foreign organizations (5/1/2021) 

nexto  Regarding PIT on incomes from capital investment (24/12/2020) 

18. Regulations on financial management and investment of Vietnam Exchange

Decree 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-CPstatus2 dated November 13th, 2017.

* Eff. date: Friday, August 6, 2021

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) 

nexto  Increase in fines on violations against regulations on securities from January 1st, 2022 (26/1/2022) 

nexto  List of government bond market makers in 2022 (18/1/2022) 

19. Regarding PIT on compensation for contract liquidation

Official letter No. 21927/CTHN-TTHT dated June 18th, 2021 of the Department of Taxation of Ha Noi city regarding compensation upon liquidation of contract

Posted: 23/6/2021 3:07:39 PM | Latest updated: 2/8/2021 1:37:51 PM (GMT+7) | LuatVietnam: 5235 | Vietlaw: 520

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-BTCstatus2 are met.

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-BTCstatus2 .

nexto  Notes in relation to sale and purchase of future-acquired houses (6/4/2022) 

nexto  Building management service is not eligible for 2% VAT reduction (18/3/2022) 

nexto  There are changes in procedures for transfer of real estate project from January 1st, 2021 (30/3/2022) 

nexto  Notes relating to declaration of transfer price of real estate on contract (18/1/2022) 

20. Requirements of application for registration of product declaration

Official letter No. 1158/ATTP-PCTTR dated June 18th, 2021 of Vietnam Food Administration replying to proposal of citizen

Posted: 22/6/2021 1:46:27 PM | Latest updated: 2/8/2021 1:37:04 PM (GMT+7) | LuatVietnam: 5234 | Vietlaw: 520

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-CPstatus2 .

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.

nexto  New nomenclature of imported foods (12/1/2022) 

nexto  Enterprises subject to establishment of food origin tracing system (10/1/2022) 

nexto  New schedule of food safety fees applied from September 19th, 2021 (11/8/2021) 

nexto  Some recommendations for meals at enterprises during the Covid -19 pandemic (16/7/2021) 

21. Regarding VAT on services provided for foreign organizations

Official 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

Posted: 22/6/2021 1:08:42 PM | Latest updated: 2/8/2021 1:36:42 PM (GMT+7) | LuatVietnam: 5234 | Vietlaw: 520

According to Clause 1 Article 9 of Circular No. 219/2013/TT-BTCstatus2 , with regard to consultation, construction survey services provided for enterprises outside Vietnam, 0% VAT shall be only applied to the whole value of the contract if the foreign party does have permanent establishment in Vietnam and the services are consumed outside Vietnam.

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.

nexto  Foreign representative offices shall be exempt from tax payment upon liquidation of assets (29/8/2019) 

nexto  Regarding license fee paid by transaction offices (19/9/2019) 

nexto  Regarding tax declaration of representative offices (1/4/2019) 

nexto  Issues relating to making payments for international trade contracts through representative offices in Vietnam (22/3/2019) 

22. Regarding conditions for import duty incentives for automobile supporting products

Official 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

Posted: 25/6/2021 3:49:14 PM | Latest updated: 2/8/2021 1:36:20 PM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 520

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-CPstatus2

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.

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

nexto  Regarding conditions on import duty incentive for accessories imported for manufacturing automobile supporting industrial products (23/2/2022) 

nexto  Addition of seaport border gates allowing the import of passenger cars with less than 16 seats (16/12/2021) 

nexto  Buying automobiles from December 1st, 2021 shall be reduced 50% of registration fee (29/11/2021) 

23. Issues relating to procedures for transfer of a real estate project

Official 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

Posted: 25/6/2021 8:17:26 AM | Latest updated: 2/8/2021 1:36:30 PM (GMT+7) | LuatVietnam: 5239 | Vietlaw: 520

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/QH13status2 .

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/QH14status2 .

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.

nexto  Notes in relation to sale and purchase of future-acquired houses (6/4/2022) 

nexto  Building management service is not eligible for 2% VAT reduction (18/3/2022) 

nexto  There are changes in procedures for transfer of real estate project from January 1st, 2021 (30/3/2022) 

nexto  Notes relating to declaration of transfer price of real estate on contract (18/1/2022) 

24. From June 16th, 2021: Sugar products imported from Thailand shall be imposed official anti-dumping and countervailing duties

Decision 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

nexto  Schedule on problem resolutions regarding amendments to policies on import and export duties (11/1/2022) 

nexto  Rules of imposition of anti-dumping, countervailing duties on goods imported from the United Kingdom of Great Britain (12/11/2021) 

nexto  Regarding selection to apply FTA (1/10/2021) 

nexto  Regarding export duties on goods manufactured for export (21/9/2021) 

25. It is exempt from applying the drug administration policy with regard to goods removed from the List of herbal ingredients

Official 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

Posted: 17/6/2021 7:45:04 AM | Latest updated: 2/8/2021 1:35:48 PM (GMT+7) | LuatVietnam: 5229 | Vietlaw: 520

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.

nexto  Statistical reports in the field of pharmacy - cosmetics (27/12/2021) 

nexto  Removal of procedures for issuance of licenses for trading in drugs, vaccines to foreign companies (17/12/2021) 

nexto  Amendments to regulations on bidding for supply of drugs for public health facilities (29/9/2021) 

nexto  Guidelines for marketing authorization of COVID-19 vaccines (20/8/2021) 

26. Regarding conditions for construction permit exemption

Official letter No. 2177/BXD-HDXD dated June 14th, 2021 of the Ministry of Construction regarding construction permit exemption

Posted: 22/6/2021 3:26:32 PM | Latest updated: 2/8/2021 1:16:47 PM (GMT+7) | LuatVietnam: 5236 | Vietlaw: 520

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.

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

nexto  Some notes upon liquidation of a construction contract due to the contractor’s breach in the contract (1/4/2022) 

nexto  Regarding modification of categories, origin in a construction contract (25/2/2022) 

nexto  Order of priority application of documents enclosed with a construction contract (25/2/2022) 

27. Commercial housing projects are not allowed to borrow foreign loans

Official letter No. 2182/BXD-QLN dated June 14th, 2021 of the Ministry of Construction regarding capital raising for projects investing in real estate trading

Posted: 22/6/2021 3:49:13 PM | Latest updated: 2/8/2021 1:17:05 PM (GMT+7) | LuatVietnam: 5234 | Vietlaw: 520

According to clause 4 Article 69 of the Law on Housing No. 65/2014/QH13status2 , commercial housing projects may use loans provided by credit institutions, financial institutions operating in Vietnam.

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.

nexto  Notes in relation to sale and purchase of future-acquired houses (6/4/2022) 

nexto  Building management service is not eligible for 2% VAT reduction (18/3/2022) 

nexto  There are changes in procedures for transfer of real estate project from January 1st, 2021 (30/3/2022) 

nexto  Notes relating to declaration of transfer price of real estate on contract (18/1/2022) 

28. [Merged] - Construction Law

Merged 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/QH14status2 dated November 20th, 2018, Architecture Law No. 40/2019/QH14 dated June 13th, 2019 and Law No. 62/2020/QH14 dated June 17th, 2020 into Construction Law No. 50/2014/QH13status2 dated June 18th, 2014.

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

nexto  Some notes upon liquidation of a construction contract due to the contractor’s breach in the contract (1/4/2022) 

nexto  Regarding modification of categories, origin in a construction contract (25/2/2022) 

nexto  Order of priority application of documents enclosed with a construction contract (25/2/2022) 

29. Environmental protection fees on industrial wastewater shall be increased from 2021

Decree No. 53/2020/ND-CP dated May 5th, 2020 of the Government on environmental protection fees on wastewater

Posted: 6/5/2020 7:30:30 AM | Latest updated: 2/8/2021 11:04:15 AM (GMT+7) | LuatVietnam: 4953 | Vietlaw: 520

“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-CPstatus1 dated November 16th, 2016.

* Eff. date: Wednesday, July 1, 2020

nexto  National strategy for biodiversity until 2030 (25/4/2022) 

nexto  New guidelines for appraisal of environmental impact assessment report (28/3/2022) 

nexto  Detailing 2020 Law on Environmental Protection (22/3/2022) 

nexto  Road map for mitigation of GHG emissions and reduction in consumption of HCFCs (16/2/2022) 


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