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[VietlawOnline] - Weekly Newsletter No. 522 from 17 - 23 Aug. 2021
Covid-19:
Templates of proof of going out on streets for reaching airports during social distancing period

Official letter No. 8272/BGTVT-VT dated August 11th, 2021 of the Ministry of Transport regarding support in taking persons holding air tickets to travel abroad to international airports for making flights

This Official letter is to promulgate templates of proof for going out on streets and conditions for travelling on streets with regard to autos carrying passengers to reach international airports to travel abroad during social distancing period.

Accordingly, with regard to passengers who need to reach airport to go abroad, they must have the proof of going out on streets (the declaration of information according to template at Annex I enclosed with this Official letter) and present all of the following documents at Covid-19 checkpoints: passport (enclosed with valid visa); air ticket (paper ticket or electronic ticket),in which including ticket code, time of departure, date of departure, flight’s number; valid Certificate of negative SARS-CoV-2 test result by using RT-PCR method.

With regard to drivers, they must have the proof of going out on streets (written information certification according to template at Annex I enclosed with this Official letter) and present all of the following documents at Covid-19 checkpoints: the passenger’s copy of air ticket or electronic air ticket; the copy of the passenger’s declaration of information as mentioned above; valid Certificate of negative SARS-CoV-2 test result by using RT-PCR method.

In addition, it is required to comply with other requirements, such as:

- To ensure 01 passenger on 01 car, except people in the same family, living in the same house and holding air tickets to travel abroad in the same flight.

- On each car, there are only the driver and the person holding the air ticket needing to reach international airport to travel abroad (departure itinerary) and only the driver (returning itinerary).

- The driver must ensure the rule of "01 route 02 destinations”, not allowable stopping, parking on streets, except for personal sanitary demand.

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:
Agriculture

- Development policies for rural crafts

Borrowing

- Regulations on refinancing loans granted to Vietnam Bank for Social Policies (for implementing polices to support employees and employers affected by Covid-19 pandemic)

Cars - Motorcycles

- Customs authorities will strengthen the control of autos imported as gifts

Construction

- Amendments to procedures for issuance of construction permits

- New regulations on renovation and reconstruction of apartment buildings

Covid-19

- Templates of proof of going out on streets for reaching airports during social distancing period

- Guidelines for home-based care of F0 cases (version 1.2)

- The Prime Minister requests for strict implementation of social distancing in localities applying Detective No. 16

Electricity - Energy

- Regarding reduction in electricity prices for customers affected by the 4th wave of Covid-19

- Amendments to regulations on electricity selling prices

- New regulations on assurance of electrical safety

Environment

- Environmental protection tax shall be imposed on single-use plastic products

EVFTA

- C/O shall not be used for enjoyment of duty preferences under the EVFTA

- Proofs of origin under the EVFTA issued before August 1st, 2020 shall not be accepted

Foreign laborers

- Regarding PIT on Covid-19 quarantine – related expenses paid on behalf of foreign experts

Immigration

- Vaccination certificates of 10 countries exempt from consular legalization

Market Management

- Expenditure on purchasing information about cases of violations against the competition law is VND 5,000,000/piece of information

Pharmaceutical - Cosmetics

- Guidelines on customs examination of imported drugs from August 1st, 2021

Price Management

- Amendments to conditions for provision of price appraisal services

Quarantine

- Some animal health fees shall be reduced by 50% from August 6th, 2021 to December 31st, 2021

Science - Technology

- Guidelines on management of projects of the National technological innovation program until 2030

Sea and Aquatic food

- Action plan for management of maritime plastic waste in fishery sector in 2020 – 2030 period

Securities

- Conditions for trading derivatives under futures contracts

- Regulations in details on securities operations from 2021

State Capital Investment

- Guidelines on financial disposition upon equitization of state enterprises

Tax policies

- Regarding promulgation of tax exemption and reduction policy in 2020

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New documents

1. Guidelines for home-based care of F0 cases (version 1.2)

Dispatch No. 5627/SYT-NVY dated August 15th, 2021 of the Department of Health of Ho Chi Minh city regarding update on “Guidelines for home-based care of F0 cases” (version 1.2)

Posted: 16/8/2021 1:50:02 PM | Latest updated: 19/8/2021 9:34:05 AM (GMT+7) | LuatVietnam: 5273 | Vietlaw: 522

This Dispatch is to update on Guidelines for home-based care of F0 cases (version 1.2).

Applicable entities include confirmed COVID-19 cases (F0 cases) recently found in the community and eligible for home isolation as per regulations, especially the F0 case is asymptomatic or experiences mild symptoms (no respiratory failure: SpO2 ≥ 96%, respiratory rate ≤ 20 per minute), is under 45 years old, has no underlying condition, is not pregnant and is not obese.

Notably, home-based COVID-19 treatment needs to have these drugs: antipyretic drugs, physical condition improving drugs (vitamins, micro-nutrients and traditional medicines), antiviral drugs, and corticosteroid anti-inflammatory drugs and oral anti-coagulant drugs for certain situations.

In which, corticosteroid anti-inflammatory drugs may be used any of these types: Dexamethasone; Prednisolone; or Methylprednisolone

Oral anti-coagulant drugs may be used any of these types: Rivaroxaban; Apixaban or Dabigatran.

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) 

2. Templates of proof of going out on streets for reaching airports during social distancing period

Official letter No. 8272/BGTVT-VT dated August 11th, 2021 of the Ministry of Transport regarding support in taking persons holding air tickets to travel abroad to international airports for making flights

Posted: 12/8/2021 9:45:24 AM | Latest updated: 16/8/2021 3:27:12 PM (GMT+7) | LuatVietnam: 5268 | Vietlaw: 522

This Official letter is to promulgate templates of proof for going out on streets and conditions for travelling on streets with regard to autos carrying passengers to reach international airports to travel abroad during social distancing period.

Accordingly, with regard to passengers who need to reach airport to go abroad, they must have the proof of going out on streets (the declaration of information according to template at Annex I enclosed with this Official letter) and present all of the following documents at Covid-19 checkpoints: passport (enclosed with valid visa); air ticket (paper ticket or electronic ticket),in which including ticket code, time of departure, date of departure, flight’s number; valid Certificate of negative SARS-CoV-2 test result by using RT-PCR method.

With regard to drivers, they must have the proof of going out on streets (written information certification according to template at Annex I enclosed with this Official letter) and present all of the following documents at Covid-19 checkpoints: the passenger’s copy of air ticket or electronic air ticket; the copy of the passenger’s declaration of information as mentioned above; valid Certificate of negative SARS-CoV-2 test result by using RT-PCR method.

In addition, it is required to comply with other requirements, such as:

- To ensure 01 passenger on 01 car, except people in the same family, living in the same house and holding air tickets to travel abroad in the same flight.

- On each car, there are only the driver and the person holding the air ticket needing to reach international airport to travel abroad (departure itinerary) and only the driver (returning itinerary).

- The driver must ensure the rule of "01 route 02 destinations”, not allowable stopping, parking on streets, except for personal sanitary demand.

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) 

3. Amendments to regulations on electricity selling prices

Circular No. 06/2021/TT-BCT dated August 6th, 2021 of the Ministry of Industry and Trade on amendments and supplements to several articles of the Circular No. 16/2014/TT-BCTstatus2 dated May 29, 2014 of the Minister of Industry and Trade on implementation of electricity selling prices

Posted: 9/8/2021 12:38:25 PM | Latest updated: 19/8/2021 9:31:44 AM (GMT+7) | LuatVietnam: 5267 | Vietlaw: 522

This Circular amends some regulations on electricity selling prices, including:

- Electricity wholesale prices applied at industrial parks, industrial clusters;

- Electricity selling prices applied at industrial parks purchasing electricity from the national electricity system and other power supply sources (wind power, solar power, etc.)

- Electricity wholesale prices applied at commercial - service - household complex;

- Electricity retail prices applied at rural areas, collective quarters, residential clusters, markets, industrial parks and industrial clusters.

...

This Circular takes effect from September 25th, 2021.

* Eff. date: Saturday, September 25, 2021

nexto  From February 5th, 2022: Fees for processing of applications for the license for import/export radioactive substances shall be reduced by 50% (19/1/2022) 

nexto  Regarding draft Plan for the national power development plan for 2021 – 2030 (17/11/2021) 

nexto  Amendments to regulations on electricity selling prices (9/8/2021) 

nexto  Regarding reduction in electricity prices for customers affected by the 4th wave of Covid-19 (9/8/2021) 

4. Vaccination certificates of 10 countries exempt from consular legalization

Official letter No. 2974/LS-PL dated August 6th, 2021 of the Consular Department providing guidelines on examination and recognition of vaccination certificates and proofs of recovery from COVID-19 of foreign countries

Posted: 10/8/2021 12:44:30 PM | Latest updated: 3/7/2022 1:06:43 PM (GMT+7) | LuatVietnam: 5269 | Vietlaw: 522

According to the Consular Department’s guidelines, if entrants hold vaccination certificates/Covid-19 vaccination record cards of foreign countries which have been officially introduced via diplomatic channel (the forms at the List attached to this Official letter), they may directly bring such certificates to Vietnam as the basis for applying 7-day quarantine period according to Official letter No. 6288/BYT-MTstatus1 dated August 4th, 2021.

However, if entrants use vaccination certificates/Covid-19 vaccination record cards of foreign countries which have not yet been officially introduced, they are required to carry out procedures for consular legalization/certification in order to use these certificates in Vietnam.

Now, there are 10 nations from which vaccination certificates’ validity is accepted by Vietnam, including:

1. Republic of Poland: Vaccination certificate

2. The United Arab Emirates: Covid-19 vaccination record card

3. South Korea: Vaccination certificate

4. Republic of Kazakhstan: Vaccination certificate

5. Mongolia: International tourism certificate

6. Sultanate of Oman: Vaccination certificate

7. The Kingdom of Thailand: Vaccination certificate

8. Romania: Vaccination certificate

9. Japan: Vaccination certificate

10. New Zealand: Vaccination certificates (certified via email).

nexto  13 countries’ citizens entitled to visa exemption to visit Vietnam up to 15 days (21/3/2022) 

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

nexto  Le Thanh International Border Gate will apply new customs declarations to incoming/outgoing passengers from February 25th, 2022 (26/7/2022) 

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

5. Some animal health fees shall be reduced by 50% from August 6th, 2021 to December 31st, 2021

Circular No. 68/2021/TT-BTCstatus1 dated August 6th, 2021 of the Ministry of Finance on collection rates of several animal health fees and charges in order to provide subsidy and relief for people affected by Covid-19status1

Posted: 9/8/2021 8:36:30 AM | Latest updated: 16/2/2022 10:15:17 AM (GMT+7) | LuatVietnam: 5265 | Vietlaw: 522

Between August 6th, 2021 and December 31st, 2021, these animal health fees shall be reduced by 50% in comparison with the current rates (specified at Circular No. 101/2020/TT-BTC):

1. Fees for issuance of a sanitary and phytosanitary certificate for animals and terrestrial animal products; fishery products imported, in transit or temporarily imported for export and moved to other border checkpoints

2. Fees for issuance of certificates of practicing in animal health services

3. Animal quarantine fees for poultry diagnostic tests

From January 1st, 2022 onwards, the aforesaid fee rates shall be applied according to the rates regulated at Circular No. 101/2020/TT-BTC .

This Circular shall be valid for the period from August 6th, 2021 to end of December 31st, 2021.

* Eff. date: Friday, August 6, 2021

nexto  Amendments to procedures for quarantine of imported plant (17/1/2022) 

nexto  From September 30th, 2021: Certificate of plan quarantine of agricultural products exported to Australia must have additional information (17/11/2021) 

nexto  Some animal health fees shall be reduced by 50% from August 6th, 2021 to December 31st, 2021 (16/2/2022) status1

nexto  Schedule of fees for quarantine plant applicable from July 5th, 2021 (26/5/2021) 

6. Regarding reduction in electricity prices for customers affected by the 4th wave of Covid-19

Dispatch No. 4748/BCT-DTDL dated August 6th, 2021 of the Ministry Industry and Trade regarding reduction in electricity prices for customers affected by the 4th wave of Covid-19

Posted: 9/8/2021 9:35:17 AM | Latest updated: 19/8/2021 9:34:31 AM (GMT+7) | LuatVietnam: 5265 | Vietlaw: 522

According to the request of the Government at Resolution No. 83/NQ-CP dated July 31st, 2021,the Ministry of Industry and Trade announces the policy on reduction in electricity prices payable by customers affected by the 4th wave of Covid-19 as follows:

- The reduction rate of from 10%-15% is applied to electric bills of customers in provinces and centrally affiliated cities that are implementing the social distancing under Directive No. 16/CT-TTg on July 30th, 2021. In which, 15% reduction on electric bills for customers using up to 200 kWh/month and 10% reduction on electric bills for customers using more than 200 kWh/month.

- Electricity prices will be reduced for 02 months on electric bills of August and September 2021.

Especially, centralized quarantine centers serving COVID-19 control shall be eligible for 100% reduction in electricity prices for 7 months, on electric bills of June to December 2021.

nexto  From February 5th, 2022: Fees for processing of applications for the license for import/export radioactive substances shall be reduced by 50% (19/1/2022) 

nexto  Regarding draft Plan for the national power development plan for 2021 – 2030 (17/11/2021) 

nexto  Amendments to regulations on electricity selling prices (9/8/2021) 

nexto  Regarding reduction in electricity prices for customers affected by the 4th wave of Covid-19 (9/8/2021) 

7. The Prime Minister requests for strict implementation of social distancing in localities applying Detective No. 16

Official telegram No. 1068/CD-TTg dated August 5th, 2021 of the Prime Minister on enhancing covid-19 prevention and control measures

Posted: 6/8/2021 8:29:54 AM | Latest updated: 16/8/2021 3:24:06 PM (GMT+7) | LuatVietnam: 5264 | Vietlaw: 522

Due to the pandemic remains unpredictable, the Prime Minister requests governments of localities that are implementing social distancing under Detective No. 16 to ensure stricter and more effective social distancing between people and between families, and request people to “stay where they are".

In addition, the Prime Minister also requests to accelerate vaccination and ensure the provision of food and essential products for the people in Covid-19 - experienced areas.

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) 

8. Regarding promulgation of tax exemption and reduction policy in 2020

Notice No. 209/TB-VPCP dated August 5th, 2021 of the Government Office about Conclusion of Prime Minister Pham Minh Chinh at the Government Standing’s meeting on some measures for tax reduction and exemption to support enterprises, the people affected by the Covid-19 pandemic

Posted: 5/8/2021 1:29:20 PM | Latest updated: 18/8/2021 9:17:35 AM (GMT+7) | LuatVietnam: 5271 | Vietlaw: 522

The Government notifies that basically it agrees with measures for tax reduction and exemption to support enterprises, the people affected by the Covid-19 pandemic proposed by the Ministry of Finance.

However, the Government also notes that the tax reduction and exemption measures to be given must ensure to timely support enterprises, the people; reduce unnecessary administrative procedures in order to be immediately implemented and need to consult more with the business community before the promulgation.

Regarding time limit for applying tax exemption and reduction policy, firstly it will be implemented in 2021.

nexto  Tax incentives given to projects of expansion investment (4/4/2022) 

nexto  Guidelines for determination of imported goods ineligible for 2% reduction in VAT (11/3/2022) 

nexto  Detailed regulations on VAT reduction policy in 2022 (22/6/2022) status2

nexto  2022 tax exemption, reduction policies (24/1/2022) 

9. New regulations on assurance of electrical safety

Circular No. 05/2021/TT-BCT dated August 2nd, 2021 of the Ministry of Industry and Trade on elaborating some content on electrical safety

Posted: 5/8/2021 8:01:30 AM | Latest updated: 17/8/2021 9:10:58 AM (GMT+7) | LuatVietnam: 5270 | Vietlaw: 522

This Circular elaborates some content on electrical safety, specifically:

- Safety training and assessment, grade assignment and electrical safety card issuance.

- Grounding of metal structures of housing and works located inside and adjacent to safety corridors of overhead transmission lines of 220 kV and higher to prevent electrostatic induction.

- Measurement and mapping of electric field intensity.

- Electrical safety signage.

- Agreements made upon construction of housing and works located inside safety corridors of overhead transmission lines, violations concerning safety corridors of high-voltage electrical grids, and electrical accident reporting

Accordingly, persons operating, experimenting on, building or repairing transmission lines or electrical equipment at enterprises, including installing, removing and inspecting electrical energy measuring systems and electricity operators and repairers and persons providing electricity services for organizations and enterprises are required to have electrical safety card.

Electrical works requiring electrical safety signage placement are regulated at Article 17 of this Circular.

This Circular comes into force from September 22nd, 2021 and replaces Circular No. 31/2014/TT-BCTstatus1 dated October 2nd, 2014. To abrogate Article 2 of Circular No. 29/2018/TT-BCT dated September 28th, 2018.

* Eff. date: Wednesday, September 22, 2021

nexto  From February 5th, 2022: Fees for processing of applications for the license for import/export radioactive substances shall be reduced by 50% (19/1/2022) 

nexto  Regarding draft Plan for the national power development plan for 2021 – 2030 (17/11/2021) 

nexto  Amendments to regulations on electricity selling prices (9/8/2021) 

nexto  Regarding reduction in electricity prices for customers affected by the 4th wave of Covid-19 (9/8/2021) 

10. Guidelines on customs examination of imported drugs from August 1st, 2021

Official letter No. 3836/TCHQ-GSQL dated July 30th, 2021 of the General Department of Vietnam Customs regarding examination of shipments of drugs and medicinal ingredients

Posted: 3/8/2021 2:40:06 PM | Latest updated: 15/8/2021 6:40:18 PM (GMT+7) | LuatVietnam: 5269 | Vietlaw: 522

This Official letter provides guidelines on examination of shipments of drugs and medicinal ingredients imported from August 1st, 2021 onwards.

Accordingly, with regard to yellow-line customs declarations: Customs authorities will examine and compare customs declaration contents with customs documentation according to the regulations at Decree No. 54/2017/ND-CPstatus2 and guidelines at Official letter No. 6068/TCHQ-GSQL dated September 16th, 2020. If they are consistent, customs authorities will immediately grant customs clearance. However, if the customs documentation is not suitable or there are doubts about authenticity of the documents in the customs documentation, Customs authorities will transfer the yellow-line customs declarations to the red channel to conduct physical inspection of goods.

With regard to red-line customs declarations: Customs authorities will examine and compare actual goods with information declared on customs declarations and customs documentation and request enterprises to provide: the originals of letter of attorney, certificate of free sale, testing certificates of products in order to examine, compare with the photocopies submitted together with the customs documentation and handle according to the guidelines provided at Official letter No. 401/TCHQ-GSQL dated July 23rd, 2021.

With regard to customs declarations of drugs and medicinal ingredients registered before August 1st, 2021: the customs examination shall be further carried out according to announcement of channel classification on the electronic customs data processing system and the guidelines provided at Official letter No. 401/TCHQ-GSQL dated July 23rd, 2021.

nexto  Principles of selection of control drugs used for bioequivalence study (11/4/2022) 

nexto  Regarding strengthening the management of advertisement of health protection foods (9/6/2022) 

nexto  The Drug Administration of Vietnam limits to receive physical dossiers from February 22nd, 2022 (1/3/2022) 

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

11. Expenditure on purchasing information about cases of violations against the competition law is VND 5,000,000/piece of information

Circular No. 63/2021/TT-BTC dated July 29th, 2021 of the Ministry of Finance on estimation, management and use of funding for regular expenditures during appraisal of applications for exemption from prohibition on anti-competitive agreements; during appraisal of dossiers for notification of economic concentration; during competition case investigation and competition legal proceedings

Posted: 4/8/2021 9:54:12 AM | Latest updated: 17/8/2021 9:11:14 AM (GMT+7) | Vietlaw: 522

This Circular provides for estimation, management and use of funding for regular expenditures during appraisal of applications for exemption from prohibition on anti-competitive agreements; during appraisal of dossiers for notification of economic concentration; during competition case investigation and competition legal proceedings.

According to Clause 2 Article 5 of this Circular, expenditure on purchasing information about cases of violations against the competition law is VND 5,000,000/piece of information. Expenditures on purchasing evidence is at prices appropriate to the market.

This Circular takes effect from September 13th, 2021.

* Eff. date: Monday, September 13, 2021

nexto  List of goods considered to be essential goods (28/7/2021) 

nexto  How to determine essential goods and services (29/7/2021) 

nexto  From May 15th, 2021: Alcohol and tobacco products must use e-stamps (9/4/2021) 

nexto  Semi-finished alcohol products must be also affixed stamps (23/3/2021) 

12. Environmental protection tax shall be imposed on single-use plastic products

Decision No. 1316/QD-TTg dated July 22nd, 2021 of the Prime Minister on approving proposal for strengthened management of plastic waste in Vietnam

Posted: 23/7/2021 8:47:10 AM | Latest updated: 19/8/2021 9:31:17 AM (GMT+7) | LuatVietnam: 5256 | Vietlaw: 522

This Proposal offers solutions to reduce the production, import, export and use of non-biodegradable, single-use plastic products and gradually transfer to the use of environmentally friendly plastic products.

Notably, the Prime Minister assigned the Ministry of Finance to conduct the examination of the collection of environmental protection tax levied on the production of non-degradable disposable plastic products and bags.

This Decision takes effect from the date of its signing.

* Eff. date: Thursday, July 22, 2021

nexto  Natural disaster management Plan by 2025 (5/5/2022) 

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) 

13. Amendments to conditions for provision of price appraisal services

Circular No. 60/2021/TT-BTC dated July 21st, 2021 of the Ministry of Finance on amendments to some Articles of the Government’s Decree No. 38/2014/TT-BTCstatus2 dated March 28, 2014 on elaboration of some Articles of the Government’s Decree No. 89/2013/ND-CPstatus2 dated August 06, 2013 on elaboration of some Articles of the Law on Prices regarding price appraisal

Posted: 5/8/2021 10:22:06 AM | Latest updated: 6/5/2022 3:06:17 PM (GMT+7) | LuatVietnam: 5266 | Vietlaw: 522

This Circular amends some regulations of Circular No. 38/2014/TT-BTCstatus2 pertaining to:

- Application for price appraisal practice at enterprises;

- Procedures for registration of addition, removal of number of price appraisers at a price appraisal enterprise;

- Application for issuance or re-issuance of the Certificate of eligibility to provide price appraisal services;

- Changes in a price appraisal enterprise must be reported to the Ministry of Finance;

- Time limit for registration of a list of practicing price appraisers at enterprise in following year;

- Periodic reports made by price appraiser at enterprise;

- Forms used for registration of price appraiser practice, registration of provision of price appraisal services;

Accordingly, upon addition or removal of a price appraiser, price appraisal enterprise shall submit an application form for addition, removal of price appraiser to the Ministry of Finance (through the Department of Price Management).

Price appraisal enterprise must notifies the Ministry of Finance of its changes according to Article 17 of Decree No. 89/2013/ND-CPstatus2 and Clause 9 Article 1 of Decree No. 12/2021/ND-CP

Periodically, price appraisal enterprise shall register a list of its practicing price appraisers for the following year with the Ministry of Finance (through the Department of Price Management), before December 20th.

This Circular takes effect from September 3rd, 2021.

* Eff. date: Friday, September 3, 2021

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

nexto  Methods for calculation of prices of tap water from August 5th, 2021 (27/12/2021) 

nexto  Standard for business valuation, applicable from July 1st, 2021 (29/4/2021) 

nexto  Notes upon declaration of import value (1/3/2021) 

nexto  Supplements to conditions for provision of price appraisal services (26/2/2021) 

14. Regulations on refinancing loans granted to Vietnam Bank for Social Policies (for implementing polices to support employees and employers affected by Covid-19 pandemic)

Circular No. 10/2021/TT-NHNN dated July 21st, 2021 of the State Bank on refinancing loans granted to Vietnam Bank for Social Policies under the Prime Minister’s Decision No. 23/2021/QD-TTgstatus2 dated July 07, 2021 of the Prime Minister on implementation of certain polices to support employees and employers affected by Covid-19 Pandemic

Posted: 22/7/2021 7:22:13 AM | Latest updated: 16/8/2021 1:32:55 PM (GMT+7) | Vietlaw: 522

This Circular takes effect from July 21st, 2011.

* Eff. date: Wednesday, July 21, 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) 

15. New regulations on renovation and reconstruction of apartment buildings

Decree No. 69/2021/ND-CP dated July 15th, 2021 of the Government on renovation and reconstruction of apartment buildings

Posted: 16/7/2021 7:39:49 AM | Latest updated: 15/8/2021 6:39:35 PM (GMT+7) | LuatVietnam: 5269 | Vietlaw: 522

This Decree regulates in details issues relating to renovation of apartment buildings, including:

- Inspecting quality assessment of apartment buildings;

- Preparing and approving plans for renovation and reconstruction of apartment buildings;

- Cases where apartment buildings must be deconstructed for reconstruction;

- Requirements for planning for renovation and reconstruction of apartment buildings;

- Selection of project developers;

- Compensation, financing, relocation, and temporary residence solutions for apartment owners and inhabitants;

- Rights, responsibilities of project developers, owners, and inhabitants in apartment buildings in relocating;

- Some mechanisms in executing projects for renovating, reconstructing apartment buildings.

According to Clause 2 Article 4 of this Decree, apartment renovation and reconstruction projects are not required to spare land area for construction of social houses as per housing laws.

An apartment building must be deconstructed for reconstruction or construction if it belongs to the cases regulated at Article 5 of this Decree such as: the apartment building runs out of its service life; the apartment building is not yet to run out of its service life but has primary load-bearing structures facing overall danger, risk of collapse; the apartment building suffers from severe damage; its firefighting infrastructures, water supply and drainage infrastructures fail to satisfy applicable technical standards and regulations, etc.

This Decree takes effect from September 1st, 2021 and replaces Decree No. 101/2015/ND-CPstatus1 dated October 20th, 2015.

* Eff. date: Wednesday, September 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) 

16. Conditions for trading derivatives under futures contracts

Circular No. 58/2021/TT-BTC dated July 12th, 2021 of the Ministry of Finance on providing guidelines for some Articles of Government’s Decree No. 158/2020/ND-CP dated December 31, 2020 on derivatives and derivative market

Posted: 16/7/2021 2:06:51 PM | Latest updated: 22/5/2022 12:06:21 AM (GMT+7) | LuatVietnam: 5250 | Vietlaw: 522

This Circular provides guidelines for some Articles of Decree No. 158/2020/ND-CP in relation to trading, clearing and settlement for derivative transactions, including stock-index futures contracts and government-bond futures contracts

“Stock-index futures contract” means a futures contract of which the underlying asset is stock index.

“Government-bond futures contract” means a futures contract of which the underlying asset is government bond or quasi-sovereign bond that has some basic characteristics of the government bond.

The template of the index futures contract shall be issued by Vietnam Exchange after obtaining approval from the State Securities Commission of Vietnam.

Conditions for conducting derivative transactions are specified at Chapter III of this Circular.

This Circular takes effect from August 27th, 2021. To replace Circular No. 11/2016/TT-BTCstatus1 dated January 19th, 2016 and Circular No. 23/2017/TT-BTCstatus1 dated March 16th, 2017.

* Eff. date: Friday, August 27, 2021

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

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) 

17. Regarding PIT on Covid-19 quarantine – related expenses paid on behalf of foreign experts

Official letter No. 23944/CTHN-TTHT dated June 29th, 2021 of the Department of Taxation of Ha Noi city regarding personal income tax (PIT) on expenses of quarantine for Covid-19 prevention and control paid for employees

Posted: 12/8/2021 9:29:15 AM | Latest updated: 18/8/2021 9:40:29 AM (GMT+7) | LuatVietnam: 5268 | Vietlaw: 522

According to Official letter No. 5032/TCT-CS dated November 26th, 2020, expenses in relation to quarantine for Covid-19 prevention and control paid by enterprises on behalf of foreign experts are considered to be benefits paid to such foreign experts, they must be subject to PIT according to point dd.7 clause 2 Article 2 of Circular No. 111/2013/TT-BTCstatus2 .

Time to calculate PIT on incomes from salary, wage shall be carried out according to clause 2 Article 8 of Circular No. 111/2013/TT-BTCstatus2 .

nexto  Regarding bases determination of costs for hiring foreign consultants (13/5/2022) 

nexto  Regarding tax on incomes from provision of online services of foreigners (10/5/2022) 

nexto  How to declare PIT in Vietnam by foreigners (18/3/2022) 

nexto  Regarding application for lump-sum social insurance benefits for foreign employees (3/3/2022) 

18. Customs authorities will strengthen the control of autos imported as gifts

Official letter No. 3173/TCHQ-GSQL dated June 23rd, 2021 of the General Department of Vietnam Customs regarding strengthening the work of management of autos imported as gifts

Posted: 24/6/2021 10:38:46 AM | Latest updated: 13/8/2021 8:58:43 AM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 522

In the context of increase in import of luxury, high-value autos in the form of gifts, the General Department of Vietnam Customs requests Customs Departments of provinces, cities to strengthen the control of applications for import licenses and applications for import of these autos.

Accordingly, with regard to the application for import license, the auto receiver must declare fully, specifically information about the autos in the written request for import. If there are doubts about the relationship between the giver and the receiver, the latter is requested to provide documents proving the business relationship or sale and purchase relationship such as transactions of goods sale and purchase, payment receipts, contracts, etc.

In case the auto receiver fails to declare full and specific information about the autos or fail to fully provide documents proving the relationship between the giver and the receiver, customs authority shall reject to allow the import.

In case having the following information, signs, It is required to report to the General Department of Vietnam Customs for verification: Donation documents or documents proving the relationship between the giver and the receiver show signs of forgery; It is usually import of autos as gifts.

Upon settling procedures for import of autos, to conduct the physical inspection of the autos to determine the conformity of the imported autos with the import licenses and related documents in the customs documentation.

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) 

19. C/O shall not be used for enjoyment of duty preferences under the EVFTA

Official letter No. 1617/HQTPHCM-GSQL dated June 23rd, 2021 of the Customs Department of Ho Chi Minh city regarding origin certification under EU-Vietnam Free Trade Agreement (EVFTA)

Posted: 29/6/2021 8:40:50 AM | Latest updated: 13/8/2021 8:58:37 AM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 522

According to the EU’s notification (Official letter No. 5575/TCHQ-GSQLstatus2 dated August 21st, 2020), now the EU only applies the mechanism of self-certification of origin under the REX system rather than applying C/O.

Accordingly, Vietnam shall only give preferences to shipments originating in the EU based on self-certified proofs of origin issued by exporters that have registered REX number or by any exporter that certified for a shipment of a value not exceeding 6,000 euros.

nexto  Regarding proof of origin under the EVFTA (20/11/2021) 

nexto  Issue relating to validly of proof of origin (24/9/2021) 

nexto  It is required to have REX number for self-certifying origin for goods imported from Andorra and San Marino (4/8/2021) 

nexto  Goods originated in New Caledonia is not eligible for EVFTA tariff (9/7/2021) 

20. Proofs of origin under the EVFTA issued before August 1st, 2020 shall not be accepted

Official letter No. 1618/HQTPHCM-GSQL dated June 23rd, 2021 of the Customs Department of Ho Chi Minh city regarding issues relating to supplement of proof of self-certification of origin under EU-Vietnam Free Trade Agreement (EVFTA)

Posted: 29/6/2021 8:43:15 AM | Latest updated: 13/8/2021 8:58:29 AM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 522

Based on Article 39 of Circular No. 11/2020/TT-BCTstatus2 , the Customs Department of Ho Chi Minh city notes that proofs of origin for goods originating in the EU shall be only accepted if they are issued from August 1st, 2020 (the effective date of the EVFTA). Any proof of origin issued after August 1st, 2020 shall be rejected.

nexto  Regarding proof of origin under the EVFTA (20/11/2021) 

nexto  Issue relating to validly of proof of origin (24/9/2021) 

nexto  It is required to have REX number for self-certifying origin for goods imported from Andorra and San Marino (4/8/2021) 

nexto  Goods originated in New Caledonia is not eligible for EVFTA tariff (9/7/2021) 

21. Guidelines on financial disposition upon equitization of state enterprises

Circular No. 46/2016/providing instructions about several regulations on financial disposition and business valuation during the process of transformation of state enterprises and single-member limited liability companies with 100% of their charter capital wholly held by state enterprises into joint-stock companies.

Posted: 1/7/2021 10:09:07 AM | Latest updated: 20/8/2021 2:34:40 PM (GMT+7) | LuatVietnam: 5240 | Vietlaw: 522

This Circular provides guidelines on inventorying capital, assets, financial disposition before and at the time of business valuation of equitized enterprise; business valuation according to the asset-based method and public disclosure of information about the equitization process.

Accordingly, with regard to the loss already handled by the reduction in the state capital at the time of equitization in proportion to the loss incurred, the joint-stock company shall not be allowed to carry forward this loss during the process of determination of taxable income of the following years.

The equitized enterprise shall manage and use reward and welfare fund arising from the time of business valuation to the time when the equitized enterprise is granted the certificate of initial registration of the joint-stock company in accordance with regulations. The newly-established joint stock company can inherit and continue to use the residual balance (if any).

At the time of officially being transformed into a joint stock company, the equitized enterprise shall use risk provisions to deal with the loss of intercorporate financial investments qualified for such provisions (if any) and keep a reverse record of the residual provisions in the equitized enterprise’s business results. The joint stock company may make new risk provisions after being officially put into operation.

* Eff. date: Saturday, August 7, 2021

nexto  Forms of reports on settlement of public investment projects from January 1st, 2022 (23/3/2022) 

nexto  Regulation on fund managment of provincial development investment funds (29/10/2021) 

nexto  Amendments to criteria for classification of enterprises and forms of reports on financial supervision of state enterprises (4/10/2021) 

nexto  Special working groups shall be established to expedite disbursement of public investment capital (7/9/2021) 

22. Guidelines on management of projects of the National technological innovation program until 2030

Circular No. 06/2021/TT-BKHCN dated June 18th, 2021 of the Ministry of Science and Technology on guiding management of National technological innovation program until 2030

Posted: 4/8/2021 1:07:15 PM | Latest updated: 15/8/2021 6:40:34 PM (GMT+7) | Vietlaw: 522

This Circular takes effect from August 2nd, 2021 and replaces Circular No. 09/2013/TT-BKHCN dated March 15th, 2013.

* Eff. date: Monday, August 2, 2021

nexto  Training and Retraining Program to Meet the Requirements of the Fourth Industrial Revolution (20/9/2021) 

nexto  Guidelines on management of projects of the National technological innovation program until 2030 (4/8/2021) 

nexto  Technical requirements for input data of the National database on science and technology (5/7/2021) 

nexto  Criteria for determination of science and technology-related tasks under the Intellectual Property Development Program (29/6/2021) 

23. Amendments to procedures for issuance of construction permits

Decision No. 700/QĐ-BXD dated June 8th, 2021 of the Ministry of Construction on announcement of new administrative procedures; superseded administrative procedures; annulled administrative procedures in construction field subject to the state management function of the Ministry of Construction

Posted: 11/6/2021 9:28:51 AM | Latest updated: 19/8/2021 10:20:01 AM (GMT+7) | LuatVietnam: 5224 | Vietlaw: 522

Procedures newly promulgated and amended at this Decision include:

- Issuance and reissuance of, modification to construction practicing certificates, construction eligibility certificates;

- Appraisal of feasibility study report on construction investment, appraisal of construction design following basic design;

- Issuance of construction permits to foreign contractors of group A projects, construction investment projects in at least two provinces;

- Issuance of construction permits to foreign contractors of group B, group C projects;

The aforesaid procedures are promulgated, amended based on the amended Law on Construction No. 62/2020/QH14 and Decree No. 15/2021/ND-CP .

This Decision comes into force as of March 3st, 2021.

To replace Decision No. 838/QD-BXD dated August 29th, 2016; Decision No.1155/QD-BXD dated August 22nd, 2018; section 2 of the list of amended administrative procedures subject to state management function of the Ministry of Construction in Decision No. 1290/QD-BXD dated December 27th, 2017.

* Eff. date: Wednesday, March 3, 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) 

24. Action plan for management of maritime plastic waste in fishery sector in 2020 – 2030 period

Decision No. 687/QD-BNN-TCTS dated February 5th, 2021 of the Ministry of Agriculture and Rural Development on approving Action plan for management of maritime plastic waste in fishery sector, period of 2020 – 2030

Posted: 12/8/2021 7:02:56 AM | Latest updated: 19/8/2021 9:33:26 AM (GMT+7) | Vietlaw: 522

This Decision takes effect from the date of ts signing.

* Eff. date: Friday, February 5, 2021

nexto  Amendments to Circulars in aquaculture (3/5/2022) 

nexto  List of machinery, equipment used in the field of agriculture and rural development subject to quality inspection from February 3rd, 2022 (13/1/2022) 

nexto  Regarding extension of time to export seafood to Panama (6/12/2021) 

nexto  Schedule of fee for issuance of licenses for fishing operations from December 17th, 2021 (9/12/2021) 

25. Regulations in details on securities operations from 2021

Decree No. 155/2020/ND-CP dated December 31st, 2020 of the Government on elaboration of some Articles of the Law on Securities

Posted: 4/1/2021 2:01:38 PM | Latest updated: 31/5/2022 11:06:14 AM (GMT+7) | LuatVietnam: 5124 | Vietlaw: 522

This Decree elaborates the following issues of the Law on Securities No. 54/2019/QH14:

- Clause 2 Article 7 regarding measures for assurance of security and safety of the securities market

- Clause 2 Article 11 regarding code of professional ethics

- Clause 2 Article 14 - regarding types of public offering

- Point g Clause 3 Article 15 regarding determination of accumulated loss of the year preceding the offering date;

- Clause 6 Article 15 regarding requirements and the application for public offering to convert state-owned enterprises

- Clause 6 Article 31 regarding private placement by public companies, securities companies, fund management companies

- Clause 3 Article 35 regarding tender offers of shares of public companies and closed-end fund certificates

- Clause 7 Article 41 regarding contents of public company administration

- Clause 1 Article 42 regarding organization of the securities market

- Clause 4 Article 47 regarding requirements, documents and procedures for becoming a member of Vietnam Stock Exchange (VSE)

- Clause 4 Article 48 regulating kinds of securities that have to be listed or registered

- Clause 2 Article 51 regarding foreign holdings, conditions and procedures for participation of foreign-invested business organizations in Vietnam’s securities market

- Clause 6 Article 56 regarding provision of securities offsetting and payment services by Vietnam Securities Depository and Clearing Corporation (VSDCC)

- Clause 3 Article 62 regarding registration of collateral

- Clause 4 Article 69 - regarding documentation and procedures for registration of clearing banks

- Clause 1 Article 74 regarding capital – related requirements for issuing the securities trading license to a securities company

- Clause 1 Article 75 regarding capital – related requirements for issuing the securities trading license to a fund management company

- Point c Clause 5 Article 75 regarding personnel – related requirements of a fund management company

- Clause 1 Article 79 regarding documentation and procedures for issuance, reissuance, revision, revocation of the securities trading license

- Clause 3 Article 87 regulating operations subject to approval by the State Securities Commission (SSC)

- Clause 3 Article 93 regarding reorganization of securities companies and fund management companies

- Clause 2 Article 96 regarding finalization of assets of clients upon dissolution, bankruptcy of securities companies

- Clause 5 Article regarding requirements, documentation and procedures for issuance of securities professional certifications

- Clause 3 Article 100 regarding requirements, documentation and procedures for establishment of the securities investment funds

- Clause 7 Article 135 regarding grandfather clause

This Decree comes into force from January 1st, 2021.

To replace Decree No. 58/2012/ND-CPstatus1 dated July 20th, 2012, Decree No. 60/2015/ND-CPstatus1 dated June 26th, 2015, Decree No.86/2016/ND-CP dated July 1st, 2016 and Decree No.71/2017/ND-CP dated June 6th, 2017.

To abrogate Articles 13 and 14 of Decree No. 151/2018/ND-CPstatus2 dated November 7th, 2018.

* Eff. date: Friday, January 1, 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. Development policies for rural crafts

Decree No. 52/2018/ND-CP dated April 12th, 2021 of the Government on development of rural crafts

Posted: 17/4/2018 12:55:29 PM | Latest updated: 19/8/2021 9:33:42 AM (GMT+7) | LuatVietnam: 4447 | Vietlaw: 522

This Decree provides for some contents, policies for development of rural crafts and criteria for acknowledging traditional crafts, craft villages, and traditional craft villages.

Rural crafts specified in this Decree include:

1. Agro-forestry-fishery product processing and preservation.

2. Production of handicraft products.

3. Processing and preparation of ingredients and materials serving rural crafts.

4. Production of woodwork, straw, ceramic, glass, textile, embroidery, minor mechanical engineering.

5. Production and sale of ornamental animals.

6. Salt production.

7. Other services serving production and livelihood of rural inhabitants.

This Decree takes effect from June 1st, 2018 and replaces Decree No. 66/2006/ND-CPstatus1 dated July 7th, 2006.

* Eff. date: Friday, June 1, 2018

nexto  Agricultural insurance assistance policies shall be extended till December 31st, 2021 (13/5/2022) status1

nexto  Guidelines on classification of wetlands (12/10/2020) 

nexto  Guidelines for confirming natural disasters and diseases in agriculture (4/8/2020) 

nexto  Organic agriculture development project 2020 - 2030 (6/7/2022) 


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