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Index: | ||
Analysis - Classification | ||
Civil Status | ||
Construction | ||
- Regarding construction operating license of foreign contractors | ||
Covid-19 | ||
- Ho Chi Minh City shall strive to control the outbreak before September 1st, 2021 | ||
- Guidelines for receiving, transporting, preserving, and using Covid-19 vaccine | ||
- It is prioritized to grant certificates of free sales to drug for treatment of Covid-19 patients | ||
- Operation options for enterprises in HCMC amid the Covid-19 pandemic from August 23rd, 2021 | ||
Culture - Sports | ||
- Standards for awarding titles to high-achieving sports athletes | ||
Customs policies | ||
- Issues relating to declaration of HS codes pending analysis result | ||
Customs procedures | ||
Design - Architecture | ||
Food Safety | ||
- New schedule of food safety fees applied from September 19th, 2021 | ||
Foreign Investment | ||
- Regarding conditions for conducting import/export on the spot by FDI enterprises | ||
Foreign laborers | ||
Immigration | ||
Labour - Employment | ||
Market Management | ||
Medical | ||
Non-trade | ||
- Regarding management of low value goods sent by express delivery services | ||
Pharmaceutical - Cosmetics | ||
Promotion | ||
- Special discount given to each shipment shall not be exempt from import duty | ||
Sea and Aquatic food | ||
- Regarding land rent exemption policy applicable to aquatic processing projects | ||
State Management | ||
- 10 laws pertaining to business and investment shall be amended | ||
Trade unions - Labour Disputes | ||
- It is exempt from trade union fee for those who are paid salary lower than regional minimum wages | ||
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New documents | ||
1. Operation options for enterprises in HCMC amid the Covid-19 pandemic from August 23rd, 2021Dispatch No. 2789/BCD-VX dated August 20th, 2021 of the People’s Committee of Ho Chi Minh city regarding strengthening of some measures for Covid-19 prevention and control Under this Dispatch, from 0:00 of August 23rd, 2021, Ho Chi Minh city shall strictly implement the social distancing. To be specific: - There are special working groups to regularly examine the practice of social distancing in communes with high risk (“orange zone”) and very high risk (“red zone); - Road users shall be subject to the strict examination in terms of reasons of their movement; - 100% households in “red zones” shall be tested for Covid-19; - Establishment of 400 more mobile medical stations to support the treatment of F0 cases at home With regard to operation of enterprises, from the above-mentioned time point, enterprises may only keep operating if the requirements in Plan No. 2715/KH-BCD dated August 15th, 2021 are satisfied - in other words, they have to register and apply one of the following 4 options: (1) Option 1: Continue applying the "3 on the spot" option (working, eating and resting on the site) or “closed 3 on the spot" option (working, eating and resting on the site according to working shift); (2) Option 2: Continue applying the mode “1 route – 2 destinations” or “expanded 1 route – 2 destinations” (it is allowable organizing many concentrated accommodations in many locations); (3) Option 3: Apply the four green solution, including green workers, green production areas, green accommodations and green routes. Accordingly, green workers can travel with their private means of transport between green production zones and green accommodations in accordance with green routes; (4) Option 4: Combination of the aforesaid options. * Eff. date: Monday, August 23, 2021
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2. 10 laws pertaining to business and investment shall be amendedResolution No. 94/NQ-CP dated August 20th, 2021 of the Government on the Session on elaboration of laws in August 2021 At the session on elaboration of laws in August 2021, the Government gave opinions about the following projects, proposals for law elaboration: 1. The Law project on insurance business (amended); 2. The proposal for elaboration of the Law amending, supplementing the Law on Radio frequency; 3. The proposal for elaboration of the Law amending laws to remove difficulties in business and investment amid the Covid-19 pandemic; 4. The proposals for amendments, supplements to 188 Decrees of the Government, 20 Decisions of the Prime Minister, 135 Circulars in relation to fields subject to the state management of 21 Ministries, ministerial-level agencies; 5. The draft Decree on collection of charges for granting the right to use radio frequencies, auctions, licensing, transfer of right to use radio frequencies with regard to frequency companies. Accordingly, with regard to the amended Law on insurance business, the Government requested to adjust regulations on provision of microinsurance products; the contribution to compulsory insurance premiums among specialized laws, etc. With regard to the business and investment sectors, the Government agreed to elaborate the Law amending 10 Laws, including: the Customs Law; the Law on Excise tax; the Law on Enforcement of Civil Judgments; Law on Investment; Law on Public investment; the Law on Bidding; the Law on Public – Private Partnership Investment; the Law on providing assistance for small and medium-sized enterprises; the Law on Enterprises; the Electricity Law in order to completely resolve existing conflicts among laws. This Law project shall be added to the Program for elaboration of laws in 2021.
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3. From August 1st, 2021: Medical equipment shall be entitled to 5% VAT without the Ministry of Health’s certificationOfficial letter No. 4069/TCHQ-TXNK dated August 18th, 2021 of the General Department of Vietnam Customs regarding value added tax (VAT) According to the amendments at Circular No. 43/2021/TT-BTC, from August 1st, 2021, with regard to medical equipment, devices requesting for application of 5% VAT, it is not required to obtain the Ministry of Health’s certification. If the medical equipment, devices have any of the following documents, they shall be entitled to 5% VAT: import permit/circulation registration certificate/notice on receipt of standard declaration or they belong to the list of medical equipment attached to Circular No. 14/2018/TT-BYT .
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4. Guidelines for home-based care of F0 cases (version 1.3)Dispatch No. 5718/SYT-NVY dated August 17th, 2021 of Department of Health of Ho Chi Minh city regarding update on “Guidelines for home-based care of F0 cases” (version 1.3) Under the new guidelines, the F0 case under 50 years old that is asymptomatic or experiences mild symptoms shall be eligible for home isolation. Previously, it was only applied to those who are under 45 years old. In addition, health agencies established “SpO2 measuring and oxygen providing stations” in neighborhoods to provide oxygen for F0 cases while they wait for the quick response team. Regarding prescription for home-based covid-19 treatment, the guidelines for use of Molnupiravir 400mg is updated (take the drug twice a day for 05 consecutive days: 01 tablet in the morning and 01 tablet in the afternoon).
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5. Guidelines for use of customs procedure codesDipatch No. 4032/TCHQ-GSQL dated August 16th, 2021 of the General Department of Customs regarding use of customs procedure codes The declaration of customs procedure codes on the customs declarations for export of imported goods (that have not undergone processing), the General Department of Customs Vietnam provides guidelines as follows: - In case the exporter is the initial importer or a person authorized by the initial importer to export the goods and the goods are eligible for cancellation of export duty, refund of import duty, use code B13 – Export of imported goods. - In case the exporter does not wish to follow procedures for cancellation of export duty, refund of import duty, or the exporter is not the initial importer or a person authorized by the initial importer to export the goods, use code B11 – Export for sale. For the export declaration using code B13, at the section “Phần ghi chú” (“Notes”) or “ghi chép khác” (“other notes”), it is required to enter accurate information and import declaration number and specify “Hàng hóa thuộc đối tượng không thu thuế xuất khẩu, hoàn thuế nhập khẩu” (“The goods are eligible for cancellation of export duty, refund of import duty”). For the export declaration using code B11, at the section “Phần ghi chú” (“Notes”) or “ghi chép khác” (“other notes”), it is required to specify “Tờ khai này không sử dụng để thực hiện các thủ tục không thu thuế xuất khẩu, hoàn thuế nhập khẩu” (“This declaration is not used for completion of procedures for cancellation of export duty, refund of import duty”).
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6. It is prioritized to grant certificates of free sales to drug for treatment of Covid-19 patientsOfficial letter No. 9491/QLD-DK dated August 16th, 2021 of the Drug Administration of Vietnam regarding priority to grant certificates of free sale to drugs which are being studied by countries for treatment of Covid-19 patients The Drug Administration of Vietnam announces that it will give priority and shorten time of consideration for granting certificates of free sale to drugs which are being studied by countries for Covid-19 prevention and treatment (such as drugs containing Molnupiravir, Favipiravir, Remdesivir, etc.), thereby pharmaceutical companies should promptly submit the application for registration of marketing authorization. In addition, if there are difficulties and problems relating the submission of application for registration of marketing authorization of drugs for Covid-19 prevention and treatment, units may propose solutions to remove difficulties to the Drug Administration of Vietnam.
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7. Entities allowable operating in Ho Chi Minh city during the social distancing period from August 15, 2021 to September 15th, 2021Official letter No. 2718/UBND-VX dated August 15th, 2021 of the People’s Committee of Ho Chi Minh city regarding further application of the social distancing measure in the whole City to drastically prevent and control the COVID-19 pandemic Ho Chi Minh city’s administration assumes that the COVID-19 pandemic still progresses complicatedly, it is required to further implement the social distancing in the whole City for another month, from 00:00 of August 16th until the end of September 15th, 2021. However, it additionally allows some entities to operate from 6:00 to 18:00 every day, including: - Food production establishments (such as bread, tofu, noodles, etc.); - Notarial practicing organizations; - Companies providing the following services: security; maintenance, repairing and responding to infrastructure and equipment systems of agencies, buildings and condominiums; - Insurance business (only performing activities in relation to assessment, making claim dossiers and settling insurance benefits for clients); air ticket offices; - Private clinics; For groups delivering essential goods, shippers are allowed to travel, transport goods among districts/rural districts. In addition, persons who are in charge of delivering and receiving goods of food processing establishments, food and foodstuff retail stores are also allowed to travel in the period; From 18:00 to 6:00 of the next day, the people are requested to stay at home; stores and business establishments must be further suspended, except the following cases: - Vaccination, emergency, forces in charge of pandemic prevention and control; - Employees of supermarkets, stabilization stores, and convenience stores that are allowed to circulate to prepare logistics tasks, arrange goods and clean and disinfect business areas; - Flight crews on a business trip according to the plan of the licensed flight; officers and employees of the units affiliated to Vietnam Airlines Corporation in the Southern region to perform the task of serving flights carrying cargos, medical devices and vaccines; - Employees of enterprises producing and providing essential goods and services (food, foodstuffs, medical supplies and equipment); persons delivering medical supplies and equipment; - Employees of units providing food portions for charity kitchens, treatment establishments, quarantine establishments, hospitals, and medical establishments for pandemic prevention and control; - Urban environmental sanitation workforces; forces in charge of handling incidents in relation to electricity, water, information systems, traffic works and technical infrastructure; - Vehicles transporting essential goods; vehicles carrying forces performing pandemic prevention and control tasks; shuttles transporting workers at enterprises that are implementing “1 route - 2 destinations”; vehicles transporting materials and goods of logistics enterprises; For enterprises in the City they will themselves take the initiative in reviewing conditions for ensuring pandemic prevention and control requirements in order to register with the district-level People's Committees, Authorities of export processing zones, industrial parks, etc. regarding eligibility for operation under the plans mentioned in Plan No. 2715/KH-UBND dated August 15th, 2021. * Eff. date: Monday, August 16, 2021
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8. There are more 9 nations from which Covid-19 vaccination certificates shall be exempt from consular legalizationOfficial letter No. 3100/LS-PL dated August 13th, 2021 of the Consular Department regarding Forms of written certification of vaccination certificates and updated List of Forms of vaccination certificates/proofs of recovery from COVID-19 of foreign countries. Following 10 nations that have introduced Covid-19 vaccination certificates (Official letter No. 2974/LS-PL dated August 6th, 2021), the Consular Department continues to update more nations that have just introduced Forms of vaccination certificates, including: 1. The Federative Republic of Brazil: National certificate of Covid-19 vaccination; 2. The Democratic Socialist Republic of Sri Lanka: Vaccination certificate; 3. Czech Republic: National certificate of vaccination; The EU Digital COVID Certificate; 4. The Kingdom of Morocco: Digital vaccination certificate; 5. The Kingdom of Saudi Arabia: Medical record of Covid-19 vaccination; 6. The Republic of Armenia: Vaccination certificate; 7. The Federal Republic of Germany: The EU Digital COVID Certificate/Yellow vaccination booklet; 8. Russian Federation: Vaccination certificate; 9. The United Kingdom of Great Britain and Northern Ireland: Certificate of Covid-19 vaccination of regions (England, Wales, Scotland, and Northern Ireland). Persons on entry into Vietnam that have any of the aforesaid certificates of vaccination, they shall be eligible to use them as the default without the consular legalization (Official letter No. 2974/LS-PL dated August 6th, 2021). With regard to certificates of vaccination that have not yet introduced in Vietnam and ineligible for consular legalization, overseas Vietnamese representative missions shall grant the written certification to entrants as the basis for shortening their quarantine duration.
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9. Guidelines for receiving, transporting, preserving, and using Covid-19 vaccineDecision No. 478/QD-QLD dated August 10th, 2021 of Drug Administration on guidelines for receiving, transporting, preserving, and using Covid-19 vaccine These guidelines include these parts 1. Receiving vaccine 2. Preserving vaccine in refrigerators 3. Preserving diluents 4. Preserving vaccine in ultra-low freezers 5. Preserving vaccine in ultra-low freeze temperature in thermal containers 6. Monitoring vaccine preservation temperature 7. Frosting and defrosting ice-packs 8. Packing vaccine in cold boxes 9. Transporting vaccine with refrigerated trucks 10. Transporting vaccine with cold boxes 11. Maintaining refrigerators 12. Responding to emergencies 13. Allocating and distributing vaccine 14. Checking vaccine and diluents 15. Recalling and storing vaccine separately 16. Responding to issues during transportation 17. Transporting COVID-19 vaccine from airports to storage facilities 18. Returning vaccine containers to manufacturers. This Decision takes effect from the day of signing. * Eff. date: Tuesday, August 10, 2021
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10. It is exempt from trade union fee for those who are paid salary lower than regional minimum wagesDispatch No. 2475/TLD dated August 10th, 2021 of Vietnam General Confederation of Labour regarding adding persons exempt from trade union fee payment For the purpose of further sharing difficulties with trade unionists due to the Covid-19 pandemic, Vietnam General Confederation of Labour agreed to grant trade union fee exemption to trade unionists of service providers and enterprises whose pay rates are lower than regional minimum wages. The policy on trade union fee exemption shall be applied during the trade unionists are paid salary lower than regional minimum wages. The trade union fee exemption due to COVID-19 is applicable from May 1st, 2021 to December 31st, 2021 inclusive.
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11. Supplements to the policy supporting trade union members and workers affected by the COVID-19 pandemicDecision No. 3022/QD-TLD According to the amendments at this Decision, trade union members and workers that are F0 cases under treatment, F1 cases under quarantine shall be also given an assistance up to VND 3 million/F0 case and VND 1.5 million/F1 case. Trade union members and workers who are deceased due to COVID-19 from April 27th, 2021 are entitled to VND 5,000,000/person of assistance. For trade union members and workers who left Southern provinces to go back to their hometowns from August 1st, 2021, Federations of Labour of provinces and central-affiliated cities where they return shall consider providing each of them with an amount of up to VND 500,000. Officials of supervisory trade unions, trade union members and workers mobilized for COVID-19 prevention and control are entitled to from VND 100,000 to VND 150,000/person/day but not exceed VND 2,000,000 VND/person. This Decision takes effect from the date of its signing. * Eff. date: Monday, August 9, 2021 This Decision shall be expired from December 15th, 2021, replaced by Decision No. 3749/QD-TLD dated December 15th, 2021.
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12. Ho Chi Minh City shall strive to control the outbreak before September 1st, 2021Resolution No. 86/NQ-CP dated August 6th, 2021 of the Government on urgent solutions for Covid-19 prevention and control to implement Resolution No. 30/2021/QH15 dated July 28, 2021 by the 15th National Assembly Under this Resolution, the Government assigned that Ho Chi Minh city to Ho Chi Minh City shall strive to control the outbreak before September 15th, 2021. Binh Duong, Long An and Dong Nai shall strive to control the outbreak before September 1st, 2021. Other provinces and cities shall strive to control the outbreak before August 25th, 2021. For localities quarantined according to Directive 15 and Directive 16, within the first 14 days of the quarantine, it is required to identify and protect “green zones”; have measures and roadmaps to change “yellow zones” into “green zones” and “orange zones” into “yellow zones” and narrow “red zones”; within 28 days, regain control of local situation and isolate “red zones” as narrowly as possible. In relation to COVID-19 vaccines, the Ministry of Health shall promptly distribute vaccines to provinces and cities, prioritizing those with high number of cases, high fatality, complicated situation and fast infection, large cities and those with multiple industrial parks The Ministry of Labor, Invalids and Social Affairs shall regularly review and update to not miss any person who requires support or lacks food, closely follow the situation and actual requirements to revise support eligibility and minimize administrative procedures for these tasks. At Article 2 of this Resolution, the Government also approved mechanisms for marketing authorization and customs clearance of COVID-19 vaccines and drugs. This Resolution takes effect from July 28th, 2021 to the end of December 31st, 2022. * Eff. date: Wednesday, July 28, 2021
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13. Regarding management of low value goods sent by express delivery servicesDispatch No. 3923/TCHQ-GSQL dated August 6th, 2021 of the General Department of Customs regrading enhance management of low value goods sent by express delivery services Aiming to prevent from taking advantage of duty-free policy for goods valued at under 1,000,000 VND sent by express delivery services, the General Department of Vietnam announces that in case a shipment under 1 master bill contains multiple packages under separate house bills of the same owner and the total customs value of these packages exceeds 1.000.000 VND, the entire shipment shall be subject to import duty and not eligible for the duty exemption policy according to Clause 2 Article 29 of Decree No. 134/2016/ND-CP In addition, the General Department of Vietnam Customs also requests for intensification of inspection, supervision and control of low value goods sent by express delivery services if there are the following signs: - Inadequate or unclear information about the consignee: (i) the consignee address is missing, inadequate or false, (ii) ID number or equivalent document number is missing; - Goods are regularly sent to consignees that have the same address, phone number, ID number (or equivalent document number) or unclear address; - Organizations and individuals that frequently import goods by express delivery services (receiving goods more than once per day); - Goods are divided into smaller packages to achieve the duty-free values.
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14. New schedule of food safety fees applied from September 19th, 2021Circular No. 67/2021/TT-BTC dated August 5th, 2021 of the Ministry of Finance on prescribing food safety fees and collection, transfer, management and use thereof From September 19th, 2021, food safety fees shall be applied according to the new rates as follows: - Fee for processing of applications for registration of product declaration is VND 1,500,000/ application/ product. Fee for processing of applications for registration of product declaration with respect to mixed food additives is VND 500,000/ application/product. - Fee for certification of imported food shipment is VND 300,000/ shipment (for normal inspection); from VND 1,000,000/shipment to VND 10,000,000/ shipment (for tightened inspection). - Fee for processing of applications for certificates of exported foods is VND 1,000,000/ application/ certificate. - Fee for processing of applications for certificate of fulfillment of food safety requirements of food trading establishments is VND 1,000,000/ application/ applicant. - Fee for processing of applications for certificate of fulfillment of food safety requirements of food & beverage service providers is from VND 700,000 to VND 1,000,000/ application/applicant. - Fee for processing of applications for certificate of fulfillment of food safety requirements of food producers is VND 2,500,000/ application/ applicant. Particularly, for small food producers, the fee is VND 500,000/ application/ applicant; for producers of health supplements under GMP instructions, the fee is VND 22,500,000/ application/ applicant. - Fee for assessment of contents of advertisement for foods, food additives, and processing aids is VND 1,100,000/ application/ product. This Circular takes effect from September 19th, 2021. To abrogate Circular No. 279/2016/TT-BTC * Eff. date: Sunday, September 19, 2021
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15. Guidelines for determination of costs of formulation and implementation of architecture management regulationsCircular No. 08/2021/TT-BXD dated August 2nd, 2021 of the Ministry of Construction on providing instructions about the approach for determination of costs of formulation and implementation of architecture management regulations This Circular provides guidelines for determination of costs of formulation and implementation of regulations on architecture management according to the provisions of Decree No. 85/2020/ND-CP Accordingly, costs of formulation of architecture management regulations are determined on the basis of the dimensional quantity, the cost norm promulgated in Appendix I to this Circular and adjustment coefficients (if any). Costs of review of architecture management regulations shall be defined as 5% of costs of formulation of architecture management regulations. This Circular takes effect from September 17th, 2021. * Eff. date: Friday, September 17, 2021 Please be informed that the attachments are neither translated nor included in the English file.
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16. Regarding land rent exemption policy applicable to aquatic processing projectsOfficial letter No. 2816/TCT-CS dated July 27th, 2021 of the General Department of Taxation regarding land rent exemption policy applicable to aquatic processing projects Relating to the determination of whether the processing from fresh aquatic products that have been frozen and processing from fresh products into cooked products are aquatic processing activities, the General Department of Taxation requests to carry out, based on the guidelines provided at Official letter No. 1274/TCTK-PPCD dated September 22nd, 2020 and Official letter No. 7365/BNN-CBTTNS dated October 23rd, 2020. Regarding the regulation on “products preliminarily processed by ordinary methods” at clause 1 Article 4 of Circular No. 219/2013/TT-BTC
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17. Standards for awarding titles to high-achieving sports athletesCircular No. 06/2021/TT-BVHTTDL dated July 22nd, 2021 of the Ministry of Culture, Sports and Tourism on the standards for awarding titles to high-achieving sports athletes Posted: 27/7/2021 9:20:31 AM | Latest updated: 23/8/2021 1:55:34 PM (GMT+7) | Vietlaw: 523
This Circular takes effect from September 15th, 2021 To replace Decision No. 15/2005/QD-UBTDTT dated January 7th, 2005, Decision No. 707/2005/QD-UBTDTT dated April 20th, 2005, Decision No. 1035/2005/QĐ-UBTDTT dated May 18th, 2005, Decision No. 2206/2005/QD-UBTDTT dated November 16th, 2005, Decision No. 2209/2005/QD-UBTDTT dated November 17th, 2005, Decision No. 829/2006/QD-UBTDTT dated May 5th, 2006, Decision No. 889/2006/QD-UBTDTT dated May 17th, 2006 * Eff. date: Wednesday, September 15, 2021
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18. How to determine essential goods and servicesOfficial letter No. 4349/BCT-TTTN dated July 21st, 2021 of the Ministry of Industry and Trade regarding essential goods, services The Ministry of Industry and Trade assumes that, the determination of “essential goods, services” in order to apply measures for Covid-19 prevention and control shall be based on these regulations: - Definition of “essential goods, services” at Clause 3 Article 4 of the Law on Prices No. 11/2012/QH13 - Essential goods and services mentioned at Official letter No. 2601/VPCP-KGVX dated April 3rd, 2020, including: food; medicines; petrol and oil; electricity; water, fuel, etc.; services directly related to banking operation and enterprise support (notarizing, lawyers, registry offices, registration for secured transactions, etc.); stock exchanges; post and telecommunications; services supporting transportation, import and export of goods; medical examination and treatment services, funeral services, etc.
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19. Regarding construction operating license of foreign contractorsOfficial letter No. 2450/BXD-HDXD dated June 29th, 2021 of the Ministry of Construction regarding construction operating license of foreign contractors With regard to foreign contractors executing projects in Vietnam, they just have to apply for the construction license if the projects are those regulated at Clauses 20, 21 Article 2 of the Law on Construction No. 50/2014/QH13 If projects are not construction projects, the foreign contractors shall not have to apply for the construction license upon executing such projects. “Construction investment activities” mean a process of conducting construction activities including construction, repair and renovation of a construction works (Clause 20 Article 2 of the Law on Construction) “Construction activities” cover construction planning, formulation of a investment project to construct a works, construction survey, construction design, construction, construction supervision, project management, selection of contractors, pre-acceptance test, handover of the works for exploitation or use, its warranty and maintenance and other activities related to its construction.
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20. New regulations on registration of residenceDecree No. 62/2021/ND-CP dated June 29th, 2021 of the Government on elaboration to the Law on Residence This Decree elaborates 2020 Law on Residence regarding: 1. Residence of individuals living, working on ships, vessels, or other mobile vehicles. 2. Residence of individuals who lack permanent and temporary residence. 3. Documents proving legal residence, and documents proving relationship. 4. Documents and procedures for removing permanent residence. 5. Documents and procedures for removing temporary residence. 6. Development, management, and utilization of database on residence Accordingly, individuals who lack permanent, temporary residence must immediately declare residence information with residence registry authority of current residence. Documents proving legal residence when registering residence may use any of the documents regulated at Article 5 of this Circular such as documents proving land use rights, ownership of house; construction permit, residential real estate purchase agreements, documents on gift of charitable houses, provision of houses, etc. This Decree takes effect from July 1st, 2021 and replaces Decree No. 31/2014/ND-CP dated April 18th, 2014. * Eff. date: Thursday, July 1, 2021
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21. Remarks relating to HS codes of some goods itemsOfficial letter No. 3220/TCHQ-TXNK dated June 25th, 2021 of the General Department of Vietnam Customs regarding guidelines for, rectification of goods classification Because enterprises often wrongly declare HS codes of the following goods items, the General Department of Vietnam requests customs department of provinces/cities to review, examine and re-classify according to the following guidelines: - Single Speaker, not yet installed in box, used for installing in speaker boxes for transformation of audio frequency sign into sound, must be classified into heading 85.18, HS code 8518.29.90 (MFN 15%) rather than HS code 8518.90.30 (MFN 10%). - Onagre capsules are food preparations in liquid form made of vegetable oil with the main ingredients including Onagre Oil, D-Alpha tocopherol, suitable to be classified into heading 15.17, subheading 1517.90, HS code 1517.90.69 (MFN 30%) rather than HS code 2106.90.72 (MFN 15%). - Fan filter unit of a diameter of 36cm, attached to motor model OR430, a capacity of 400W, a voltage of 220V, 100% new, suitable to be classified into heading 84.14, subheading 8414.59" - - Other", subheading " - - - Of a capacity not exceeding 125kW", subheading "- - - - Other”, HS code 8414.59.41 with regard to fans having protective nets or 8414.59.49 with regard other fans. Cases of wrong declaration of HS codes, import duty are required to make adjustments and subject to retroactive collection of duty and sanction (if any).
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22. Regulations in details on tasks of Vietnam forces participating in peacekeeping force of the United NationsDecree No. 61/2021/ND-CP dated June 25th, 2021 of the Government on elaborating to Resolution No. 130/2020/QH14 dated November 13, 2020 of National Assembly on participation to peacekeeping force of the United Nations Posted: 28/6/2021 7:23:04 AM | Latest updated: 20/8/2021 2:36:01 PM (GMT+7) | Vietlaw: 523
This Decree regulates in details tasks and powers of commanding officers of Vietnam forces in peacekeeping force of United Nations; color and signature of equipment and vehicles used for training and mission deployment; procedures for the Ministry of National Defense, the Ministry of Public Security to submit reports to the Government regarding assignment, revision, and withdrawal of peacekeeping force of United Nations. This Decree takes effect from July 1st, 2021. * Eff. date: Thursday, July 1, 2021
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23. Special discount given to each shipment shall not be exempt from import dutyOfficial letter No. 3234/TCHQ-TXNK dated June 25th, 2021 of the General Department of Vietnam Customs regarding discount given to imports The General Department of Vietnam Customs assumes that, with regard to a special discount given to each specific imported shipment applicable to each specific buyer rather than a common discount policy applicable to all buyers, it shall not be considered to be deducible discount upon calculation of duty as regulated at point d clause 2 Article 15 of Circular No. 39/2015/TT-BTC In addition, if in the import contract does not regulate in details how about conditions for discount, it also fails to meet the regulations on dossier of consideration for reduction of dutiable value of imported goods according to point d.2.4 clause 2 Article 15 of Circular No. 39/2015/TT-BTC
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24. Code of Pharmaceutical EthicsCircular No. 08/2021/TT-BYT dated June 25th, 2021 of the Ministry of Health on Code of Pharmaceutical Ethics This Code comprises 7 Articles below: - Article 1. Comply with regulations and law relating to practicing pharmacy - Article 2. Train and improve one’s self - Article 3. Professional responsibilities - Điều 4. Secure patient information - Article 5. Relationship of pharmacy practitioners with colleagues, socio-professional organizations - Article 6. Relationship with pharmacy practitioners - Article 7. Relationship with other relevant agencies, organizations, and individuals This Circular takes effect from August 13th, 2021 and replaces Decision No. 2397/QD-BYT dated August 10th, 1999. * Eff. date: Friday, August 13, 2021
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25. Regarding conditions for conducting import/export on the spot by FDI enterprisesOfficial letter No. 1643/HQTPHCM-GSQL dated June 25th, 2021 of the Customs Department of Ho Chi Minh city regarding guidelines on customs procedure According to the Customs Department of Ho Chi Minh city, Circular No. 04/2007/TT-BTM guiding the import/export on the spot foreign - invested enterprises now is still effective. Accordingly, when an FDI enterprise exports products on the spot or imports on the spot machinery, equipment, tools, production materials, it must meet all conditions as regulated at Circular No. 04/2007/TT-BTM, especially the condition on contract of import/export on the spot.
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26. Issues relating to declaration of HS codes pending analysis resultOfficial letter No. 3189/TCHQ-TXNK dated June 24th, 2021 of the General Department of Vietnam Customs regarding declaration of HS codes pending result of analysis, assessment According to Article 46 of Circular No. 38/2015/TT-BTC Right after receiving the result of analysis, assessment, if the HS codes are different the enterprise has to make additional declaration according to the accurate HS codes and pay the differences of tax (if any). Notably, if the enterprise voluntarily makes the additional declaration of HS codes as soon as receiving the analysis, assessment result, late payment interest shall be exempt. In contrast, the customs authority shall impose tax and the enterprise shall be subject to late payment interest and fines (if any).
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27. Regarding PIT on Covid-19 quarantine-related expensesOfficial letter No. 22844/CTHN-TTHT dated June 24th, 2021 of the Department of Taxation of Ha Noi city regarding personal income tax (PIT) on Covid-19 quarantine-related expenses paid for workers According to Official letter No. 5032/TCT-CS dated November 26th, 2020, Covid-19 quarantine-related expenses paid by an enterprise on behalf of a foreign expert shall be considered to be benefits given to the foreign expert, thereby they shall be subject to PIT according to point dd.7 clause 2 Article 2 of Circular No. 111/2013/TT-BTC The enterprise may include such expenses into deductible expenses if in the contract has the agreement according to which it pays house rents on behalf of the foreign expert and there are adequate invoices, payment documents.
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