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[VietlawOnline] - Weekly Newsletter No. 523 from 24 - 30 Aug. 2021
Covid-19:
Operation options for enterprises in HCMC amid the Covid-19 pandemic from August 23rd, 2021

Dispatch 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

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:

- Regulations in details on tasks of Vietnam forces participating in peacekeeping force of the United Nations

Analysis - Classification

- Remarks relating to HS codes of some goods items

Civil Status

- New regulations on registration of residence

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

- Entities allowable operating in Ho Chi Minh city during the social distancing period from August 15, 2021 to September 15th, 2021

- It is prioritized to grant certificates of free sales to drug for treatment of Covid-19 patients

- Guidelines for home-based care of F0 cases (version 1.3)

- 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

- Guidelines for use of customs procedure codes

Design - Architecture

- Guidelines for determination of costs of formulation and implementation of architecture management regulations

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

- Regarding PIT on Covid-19 quarantine-related expenses

Immigration

- There are more 9 nations from which Covid-19 vaccination certificates shall be exempt from consular legalization

Labour - Employment

- Supplements to the policy supporting trade union members and workers affected by the COVID-19 pandemic

Market Management

- How to determine essential goods and services

Medical

- From August 1st, 2021: Medical equipment shall be entitled to 5% VAT without the Ministry of Health’s certification

Non-trade

- Regarding management of low value goods sent by express delivery services

Pharmaceutical - Cosmetics

- Code of Pharmaceutical Ethics

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, 2021

Dispatch 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

Posted: 22/8/2021 8:01:07 AM | Latest updated: 25/8/2021 1:58:39 PM (GMT+7) | LuatVietnam: 5274 | Vietlaw: 523

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

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. 10 laws pertaining to business and investment shall be amended

Resolution No. 94/NQ-CP dated August 20th, 2021 of the Government on the Session on elaboration of laws in August 2021

Posted: 23/8/2021 1:39:32 PM | Latest updated: 26/8/2021 2:18:08 PM (GMT+7) | LuatVietnam: 5279 | Vietlaw: 523

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.

nexto  Procedures for approval of foreign honorary consuls in Vietnam (9/5/2022) 

nexto  Financial strategy by 2030 (25/4/2022) 

nexto  Resolution on regular meeting of the government – February 2022: Regulations on tax will be amended (1/4/2022) 

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

3. From August 1st, 2021: Medical equipment shall be entitled to 5% VAT without the Ministry of Health’s certification

Official letter No. 4069/TCHQ-TXNK dated August 18th, 2021 of the General Department of Vietnam Customs regarding value added tax (VAT)

Posted: 19/8/2021 3:44:00 PM | Latest updated: 26/8/2021 7:52:48 AM (GMT+7) | LuatVietnam: 5278 | Vietlaw: 523

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 .

nexto  From January 1st, 2022: It is required to disclose prices of medical devices on the Ministry of Health’s website (6/4/2022) 

nexto  Regarding VAT rate applicable to medical equipment (18/3/2022) 

nexto  List of medical supplies used for epidemic prevention and control subject to suspension of the business of temporary import, re-export from March 15th, 2022 (10/2/2022) 

nexto  Guidelines on medical affairs in schools (9/2/2022) 

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)

Posted: 18/8/2021 8:08:55 AM | Latest updated: 26/8/2021 2:18:33 PM (GMT+7) | LuatVietnam: 5273 | Vietlaw: 523

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).

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) 

5. Guidelines for use of customs procedure codes

Dipatch No. 4032/TCHQ-GSQL dated August 16th, 2021 of the General Department of Customs regarding use of customs procedure codes

Posted: 18/8/2021 2:45:42 PM | Latest updated: 19/1/2022 12:06:02 PM (GMT+7) | LuatVietnam: 5275 | Vietlaw: 523

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”).

nexto  It is allowable to move cargo to another customs checkpoint if the seaport where the cargo is stored is backlogged or at risk of backlog (8/7/2022) 

nexto  Guidelines for use of customs procedure codes (19/8/2021) 

nexto  Guidelines on declaration of quantity and units on export customs declaration (8/1/2021) 

nexto  Regulations on inspecting imports and exports with container scanners (26/11/2020) 

6. It is prioritized to grant certificates of free sales to drug for treatment of Covid-19 patients

Official 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

Posted: 16/8/2021 11:26:26 AM | Latest updated: 20/8/2021 7:15:52 AM (GMT+7) | LuatVietnam: 5271 | Vietlaw: 523

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.

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) 

7. Entities allowable operating in Ho Chi Minh city during the social distancing period from August 15, 2021 to September 15th, 2021

Official 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

Posted: 16/8/2021 7:17:46 AM | Latest updated: 19/8/2021 1:59:06 PM (GMT+7) | LuatVietnam: 5271 | Vietlaw: 523

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

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. There are more 9 nations from which Covid-19 vaccination certificates shall be exempt from consular legalization

Official 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.

Posted: 17/8/2021 1:44:36 PM | Latest updated: 2/7/2022 2:06:10 PM (GMT+7) | LuatVietnam: 5272 | Vietlaw: 523

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.

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) 

9. Guidelines for receiving, transporting, preserving, and using Covid-19 vaccine

Decision No. 478/QD-QLD dated August 10th, 2021 of Drug Administration on guidelines for receiving, transporting, preserving, and using Covid-19 vaccine

Posted: 11/8/2021 7:37:49 AM | Latest updated: 26/8/2021 7:53:02 AM (GMT+7) | LuatVietnam: 5268 | Vietlaw: 523

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

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) 

10. It is exempt from trade union fee for those who are paid salary lower than regional minimum wages

Dispatch No. 2475/TLD dated August 10th, 2021 of Vietnam General Confederation of Labour regarding adding persons exempt from trade union fee payment

Posted: 12/8/2021 3:23:15 PM | Latest updated: 23/8/2021 2:55:20 PM (GMT+7) | LuatVietnam: 5269 | Vietlaw: 523

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.

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) 

11. Supplements to the policy supporting trade union members and workers affected by the COVID-19 pandemic

Decision No. 3022/QD-TLDstatus1 dated August 9th, 2021 of the Presidents of Vietnam General Confederation of Labor on amendment to some Articles of Decision No. 2606/QD-TLDstatus1 dated 19/5/2021 by Presidium of Vietnam General Confederation of Labour on emergency financing for members and workers affected by the COVID - 19 epidemic in the fourth outbreak from April 27, 2021status1

Posted: 12/8/2021 3:26:31 PM | Latest updated: 20/12/2021 9:01:17 AM (GMT+7) | LuatVietnam: 5269 | Vietlaw: 523

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.

nexto  Support policies for poor households to develop production and go abroad to work (10/6/2022) 

nexto  Some notes in relation to new overtime working cap (28/4/2022) 

nexto  Conditions for receiving rent support for employees in industrial zones (8/4/2022) 

nexto  Overtime cap shall be increased to 300 hours/year and 60 hours/month (1/4/2022) 

12. Ho Chi Minh City shall strive to control the outbreak before September 1st, 2021

Resolution 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

Posted: 10/8/2021 3:38:40 PM | Latest updated: 23/8/2021 1:55:56 PM (GMT+7) | LuatVietnam: 5267 | Vietlaw: 523

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

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) 

13. Regarding management of low value goods sent by express delivery services

Dispatch 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

Posted: 19/8/2021 8:26:45 AM | Latest updated: 20/8/2021 7:16:13 AM (GMT+7) | LuatVietnam: 5274 | Vietlaw: 523

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-CPstatus2 .

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.

nexto  Regarding import duty on gifts received from abroad (30/10/2018) 

nexto  Regarding location of carrying out procedures for import of wine (22/6/2017) 

nexto  Gifts and goods sent by express delivery service valued less than VND 500,000 are still subject to import, export duties (6/1/2017) 

nexto  Gifts or donation from overseas shall be exempted from tax for value not exceeding VND 30 million (13/3/2014) 

14. New schedule of food safety fees applied from September 19th, 2021

Circular 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

Posted: 11/8/2021 11:17:04 AM | Latest updated: 23/8/2021 2:54:50 PM (GMT+7) | LuatVietnam: 5272 | Vietlaw: 523

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-BTCstatus1 dated November 14th, 2016; Circular No. 117/2018/TT-BTC dated November 28th, 2018; Circular No. 75/2020/TT-BTCstatus1 dated August 12th, 2020; Point 2 Part I of the fee schedule specified in Article 5 of the Circular No. 44/2018/TT-BTCstatus2 dated May 7th, 2018.

* Eff. date: Sunday, September 19, 2021

nexto  Addition of violations against regulations on food safety subject to penalty from January 1st, 2022 (25/1/2022) 

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) 

15. Guidelines for determination of costs of formulation and implementation of architecture management regulations

Circular 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

Posted: 3/8/2021 3:35:05 PM | Latest updated: 23/8/2021 1:58:01 PM (GMT+7) | LuatVietnam: 5262 | Vietlaw: 523

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.

nexto  Foreigners practicing architecture in Vietnam for more than 6 months must converse their architecture practicing certificates (24/3/2021) 

nexto  General regulations on architecture design dossier (10/8/2020) 

nexto  New regulations on architectural structures and architecture practicing (21/7/2020) 

nexto  Regarding VAT rate applicable to services provided for construction works outside Vietnam (3/7/2019) 

16. Regarding land rent exemption policy applicable to aquatic processing projects

Official 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

Posted: 24/8/2021 11:00:26 AM | Latest updated: 26/8/2021 7:52:32 AM (GMT+7) | LuatVietnam: 5278 | Vietlaw: 523

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-BTCstatus2 , the General Department of Taxation notes that this regulation is to determine entities not liable to VAT, not applying to determine entities entitled to investment incentives.

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) 

17. Standards for awarding titles to high-achieving sports athletes

Circular 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

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

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

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

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

18. How to determine essential goods and services

Official letter No. 4349/BCT-TTTN dated July 21st, 2021 of the Ministry of Industry and Trade regarding essential goods, services

Posted: 26/7/2021 1:00:42 PM | Latest updated: 20/8/2021 2:37:54 PM (GMT+7) | LuatVietnam: 5258 | Vietlaw: 523

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/QH13status2 . Accordingly, "essential goods, services” mean goods, services cannot lack for manufacture, life, national defense, security, including: main raw material, fuel, materials, services for manufacture, circulation; products satisfy basic demands of human and defense, security."

- 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.

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) 

19. Regarding construction operating license of foreign contractors

Official letter No. 2450/BXD-HDXD dated June 29th, 2021 of the Ministry of Construction regarding construction operating license of foreign contractors

Posted: 6/7/2021 11:16:11 AM | Latest updated: 20/8/2021 2:35:28 PM (GMT+7) | LuatVietnam: 5244 | Vietlaw: 523

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/QH13status2 .

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.

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) 

20. New regulations on registration of residence

Decree No. 62/2021/ND-CP dated June 29th, 2021 of the Government on elaboration to the Law on Residence

Posted: 30/6/2021 10:57:37 AM | Latest updated: 20/8/2021 2:35:36 PM (GMT+7) | LuatVietnam: 5237 | Vietlaw: 523

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

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) 

21. Remarks relating to HS codes of some goods items

Official letter No. 3220/TCHQ-TXNK dated June 25th, 2021 of the General Department of Vietnam Customs regarding guidelines for, rectification of goods classification

Posted: 30/6/2021 8:11:20 AM | Latest updated: 20/8/2021 2:36:49 PM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 523

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).

nexto  Remarks relating to HS codes of some goods items (2/7/2021) 

nexto  Amendments to regulations on commodity analysis, classification (2/3/2021) 

nexto  Notice of goods classification result shall be only valid within 3 years (7/3/2021) 

nexto  Some errors in classification of goods and imposition of HS codes (16/11/2020) 

22. Regulations in details on tasks of Vietnam forces participating in peacekeeping force of the United Nations

Decree 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

nexto  Regulation on immigration control of persons entering or exiting Vietnam on national defense and security transport for national defense and security purposes (1/7/2020) 

nexto  Regulations on prohibited airspaces and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles (16/6/2020) 

nexto  Polucy on development of security industry (10/6/2020) 

nexto  Law on Military Reserve Forces (13/12/2019) 

23. Special discount given to each shipment shall not be exempt from import duty

Official letter No. 3234/TCHQ-TXNK dated June 25th, 2021 of the General Department of Vietnam Customs regarding discount given to imports

Posted: 6/7/2021 8:25:44 AM | Latest updated: 20/8/2021 2:36:56 PM (GMT+7) | LuatVietnam: 5244 | Vietlaw: 523

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-BTCstatus2 .

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-BTCstatus2 .

nexto  [Merged] - Regulation on sales promotion, trade fairs and exhibitions (25/3/2020) 

nexto  Regarding conditions for deduction of discounts for imported goods (19/8/2018) 

nexto  New regulations on sales promotion, trade fairs and exhibitions (27/5/2018) 

nexto  It is required to present reasons for discount on exported goods in contract (6/5/2019) 

24. Code of Pharmaceutical Ethics

Circular No. 08/2021/TT-BYT dated June 25th, 2021 of the Ministry of Health on Code of Pharmaceutical Ethics

Posted: 25/6/2021 3:56:36 PM | Latest updated: 10/5/2022 12:06:13 PM (GMT+7) | LuatVietnam: 5237 | Vietlaw: 523

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

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) 

25. Regarding conditions for conducting import/export on the spot by FDI enterprises

Official letter No. 1643/HQTPHCM-GSQL dated June 25th, 2021 of the Customs Department of Ho Chi Minh city regarding guidelines on customs procedure

Posted: 29/6/2021 8:47:42 AM | Latest updated: 20/8/2021 2:36:03 PM (GMT+7) | LuatVietnam: 5237 | Vietlaw: 523

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.

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

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

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

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

26. Issues relating to declaration of HS codes pending analysis result

Official 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

Posted: 25/6/2021 1:36:11 PM | Latest updated: 20/8/2021 2:37:24 PM (GMT+7) | LuatVietnam: 5237 | Vietlaw: 523

According to Article 46 of Circular No. 38/2015/TT-BTCstatus2 , with regard to imported goods subject to analysis, assessment in order to accurately determine HS codes, enterprise may temporarily pay tax based on the HS codes it declared.

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).

nexto  Issues relating to refund of import duty (26/4/2022) 

nexto  Issue relating to duty reduction for goods damaged due to conflagration (9/5/2022) 

nexto  Conditions for late submission of customs documents amid the Covid-19 pandemic (4/1/2022) 

nexto  Regarding destruction of raw materials imported for export production (26/7/2021) 

27. Regarding PIT on Covid-19 quarantine-related expenses

Official 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

Posted: 1/7/2021 7:15:47 AM | Latest updated: 20/8/2021 2:36:30 PM (GMT+7) | LuatVietnam: 5238 | Vietlaw: 523

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-BTCstatus2 .

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.

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) 


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