VietlawOnline
[VietlawOnline] - Weekly Newsletter No. 530 from 12 - 18 Oct. 2021
Covid-19:
Solutions for restoration of manufacturing operation of enterprises must be approved by provincial People’s Committees

Directive No. 27/CT-TTg dated October 2nd, 2021 of the Prime Minister on manufacturing restoration in industrial manufacturing facilities during Covid-19 epidemic management

This Directive requests enterprises in industrial parks, economic zones, export-processing zones, etc. to closely coordinate with provincial People’s Committees in agreeing on solutions for manufacturing, commodity circulation, travelling and accommodating of workers in the course of restoration of manufacturing operation.

In addition, this Directive also assigns ministries, branches, localities to help enterprises restoring their manufacturing and business operations through these measures:

- To promptly establish the Steering Committee for Manufacturing Restoration that is the agency affiliated to provincial People’s Committee to directly manage local enterprises;

- To consider reopening necessary services to serve workers;

- To promptly distributing vaccine for workers in enterprises;

- To issue specific regulations on distancing and testing during manufacturing and business operations of enterprises;

- To facilitate foreign experts and workers to enter Vietnam.

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

- Scheme for renovation of single-window system and inter-agency single-window system for handling administrative procedures

Air Freight:

- Regulations on cooperation in management of aviation infrastructure assets invested by the State

- Prices of some aviation services shall be reduced in 2021

Building construction:

- New guidelines on determination of structure maintenance costs

Business Management:

- There will be policies to support enterprises implementing the "three on the spot" model

Cars - Motorcycles:

- It is required to apply for permission from the Prime Minister upon importing used auto components for research

Construction:

- Requirements upon making fire prevention and fighting designing for works according to foreign standards

Covid-19:

- New guidelines on quarantine with regard to individuals travelling from one province to another These are new guidelines of the Ministry of Health on testing and quarantining for COVID-19 management for individuals travelling between infected areas

- It is required to continue controlling the entering and leaving Ho Chi Minh City and some southern provinces after September 30th

- Solutions for restoration of manufacturing operation of enterprises must be approved by provincial People’s Committees

- Ha Noi allows many business and service facilities to reopen from September 21st, 2021

- Amendments to the Guidelines on diagnosis and treatment for COVID-19

- New criteria for evaluation of safety and prevention against Covid-19 at food and drink establishments (in Ho Chi Minh city)

- Regarding allowance for participation in Covid-19 prevention and control, cost of SARS-CoV-2 screening tests and prices for Covid-19 vaccination services

- List of medicines for outpatient treatment at home for persons infected with COVID-19

- The guidelines on COVID-19 immunization screening

- Vietnamese citizens returning from neighboring countries shall be given financial support to cover costs of concentrated quarantine and Covid-19 testing

Economics:

- Regarding the Government’s regular meeting in June 2021

Education - Training:

- Rights and duties of Vietnamese students studying abroad

Foreign Investment:

- Regarding procedures for performing both wholesaling and retailing by FDI enterprises

Foreign laborers:

- Bases for calculation, declaration and finalization of PIT incurred by foreign workers

Labour - Employment:

- Measures for Occupation investigation of 2022

Land and Housing:

- [Merged] - Regulation on management and use of apartment buildings

Marine Transportation:

- Master plan on Vietnam's seaport system development in the 2021 - 2030 period

Planning:

- Master plan on the road network for the 2021-2030 period

Real estates trading:

- There is no requirement of minimum residential land area in a commercial housing construction project

Tax of Land:

- Land rents payable in 2021 of enterprises affected by Covid-19 shall be reduced by 30%

Unemployment Insurance:

- Conditions for entitlement to and rates of financial aid from unemployment insurance fund

- Procedures for applying for financial aid from the unemployment insurance fund

New documents

1. Bases for calculation, declaration and finalization of PIT incurred by foreign workers

Official letter No. 3880/TCT-DNNCN dated October 8th, 2021 of the General Department of Taxation regarding determination of personal income tax (PIT)

Posted: 11/10/2021 9:01:49 AM | Latest updated: 11/10/2021 3:22:26 PM (GMT+7) | LuatVietnam: 5309 | Vietlaw: 530

The calculation, declaration and finalization of PIT incurred by a foreign worker that is a resident in Vietnam shall be carried out according to the following regulations:

- Criteria for determination of a resident, based on clause 1 Article 1 of Circular No. 111/2013/TT-BTCstatus2 ;

- Tax period of a foreign worker that is a resident, determined according to point a clause 1 Article 6 of Circular No. 111/2013/TT-BTCstatus2 ;

- Responsibilities to withhold, declare and pay tax, carried out according to point b.3 clause 1 Article 25 of Circular No. 111/2013/TT-BTCstatus2 ;

- Time, bases for making tax finalization, applying point e.2 clause 2 Article 26 of Circular No. 111/2013/TT-BTCstatus2 .

nexto  Exchange rate used for conversion of salary in foreign currency applicable in the first 6 months of 2022: VND 23,134/USD (14/1/2022) 

nexto  Conditions for entry for short-term work visits of foreigners from December 24th, 2021 (16/3/2022) status1

nexto  From 2022: Social insurance contribution rate of foreign employee shall be 30% (25/12/2021) 

nexto  Regarding PIT incurred by a foreign worker (28/12/2021) 

2. New guidelines on quarantine with regard to individuals travelling from one province to another These are new guidelines of the Ministry of Health on testing and quarantining for COVID-19 management for individuals travelling between infected areas

Dispatch No. 8318/BYT-DP dated October 3rd, 2021 of the Ministry of Health regarding testing and quarantining for COVID-19 management for individuals travelling between infected areas

Posted: 4/10/2021 10:56:28 AM | Latest updated: 7/10/2021 10:41:23 AM (GMT+7) | LuatVietnam: 5303 | Vietlaw: 530

Accordingly, for individuals moving from areas with high risks or areas with risks to areas with moderate risks or lower, if they have fully vaccinated for COVID-19, upon arriving at another area, they will monitor health at home for 7 days and conduct test twice on the 1st and the 7th day. For individuals who have not received sufficient COVID-19 vaccine shots, Departments of Health shall rely on epidemiology assessment to allow the individuals to quarantine at home for 14 days and conduct test once every 2 or 3 days.

For individuals leaving from areas with risks to areas with equivalent risks or areas under new normal, if they have received sufficient COVID-19 vaccination shot, upon arriving at another area, they shall monitor health at home within 14 days without having to conduct periodical tests. For individuals who have not been sufficiently vaccinated for COVID-19, they have to quarantine at home for 7 days, continue to monitor health in the next 14 days and conduct test twice.

For individuals moving from areas with low risks to areas with higher risks: local Departments of Health of areas that receive individuals arriving at the areas shall rely on local epidemiology assessment and epidemic situations to provide guidelines on monitoring, quarantining, and collecting test specimen if necessary.

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

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

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

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

3. Solutions for restoration of manufacturing operation of enterprises must be approved by provincial People’s Committees

Directive No. 27/CT-TTg dated October 2nd, 2021 of the Prime Minister on manufacturing restoration in industrial manufacturing facilities during Covid-19 epidemic management

Posted: 4/10/2021 8:06:40 AM | Latest updated: 7/10/2021 10:41:20 AM (GMT+7) | LuatVietnam: 5303 | Vietlaw: 530

This Directive requests enterprises in industrial parks, economic zones, export-processing zones, etc. to closely coordinate with provincial People’s Committees in agreeing on solutions for manufacturing, commodity circulation, travelling and accommodating of workers in the course of restoration of manufacturing operation.

In addition, this Directive also assigns ministries, branches, localities to help enterprises restoring their manufacturing and business operations through these measures:

- To promptly establish the Steering Committee for Manufacturing Restoration that is the agency affiliated to provincial People’s Committee to directly manage local enterprises;

- To consider reopening necessary services to serve workers;

- To promptly distributing vaccine for workers in enterprises;

- To issue specific regulations on distancing and testing during manufacturing and business operations of enterprises;

- To facilitate foreign experts and workers to enter Vietnam.

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

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

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

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

4. Conditions for entitlement to and rates of financial aid from unemployment insurance fund

Decision No. 28/2021/QD-TTg dated October 1st, 2021 of the Prime Minister on policies on aid for workers and employers affected by Covid-19 from unemployment insurance fund

Posted: 4/10/2021 8:10:04 AM | Latest updated: 7/1/2022 10:06:02 AM (GMT+7) | LuatVietnam: 5303 | Vietlaw: 530

This Decision regulates eligible beneficiaries, conditions, procedures, forms, etc. in relation to implementation of the policy on reduction in unemployment insurance contributions (contributed by enterprises) and financial aid given to workers affected by Covid-19 from the surplus of unemployment insurance fund under Resolution No. 116/NQ-CP.

Accordingly, enterprises that are participating in unemployment insurance before October 1st, 2021 facing difficulties from the Covid-19 pandemic shall be entitled to the reduction in unemployment insurance contributions from 1% to 0% for 12 months (from October 1st, 2021 to September 30th, 2022). Every month, social insurance authorities shall reduce the contribution rates for such enterprises.

For employees, they shall be entitled to receive financial aid from the unemployment insurance fund only when they still participate in unemployment insurance by September 30th, 2021 or have stopped participating in unemployment insurance due to termination of their employment contracts within the period from January 1st, 2020 to end of September 30th, 2021.

However, employees that are entitled to the financial aid do not include people working at state agencies and non-business public service providers.

The financial aid shall be from 1,800,000 VND/person – 3,300,000 VND/person, in which, the former shall be applied to employees whose unemployment insurance contribution period is less than 12 months while the latter shall be applied to employees whose unemployment insurance contribution period is at least 132 months.

This Decision takes effect from October 1st, 2021.

* Eff. date: Friday, October 1, 2021

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

nexto  Regarding identification of financing beneficiaries of unemployment fund (14/10/2021) 

nexto  It is not required to submit applications upon reduction in contribution rate to UI Fund for 12 months (8/11/2021) 

nexto  Procedures for applying for financial aid from the unemployment insurance fund (30/11/2021) status2

nexto  Conditions for entitlement to and rates of financial aid from unemployment insurance fund (7/10/2021) 

5. Procedures for applying for financial aid from the unemployment insurance fund

Dispatch No. 3068/BHXH-CSXHstatus2 dated October 1st, 2021 of Vietnam Social Security regarding implementation of Decision No. 28/2021/QD-TTg of the Prime Ministerstatus2

Posted: 4/10/2021 8:15:20 AM | Latest updated: 30/11/2021 9:26:47 AM (GMT+7) | LuatVietnam: 5303 | Vietlaw: 530

This document is to specify process of, procedures for, reduction in unemployment insurance contribution and provision of financial aid from the unemployment insurance fund under Decision No. 28/2021/QD-TTg .

Accordingly, enterprises shall take responsibility to prepare and submit a List of workers requesting for financial aid that are participating in social insurance by September 30, 2021.

In which, the List of workers requesting for financial aid shall be made by using Form No. 02 under Decision No. 28/2021/QD-TTg and submitted within 5 working days from the date on which the List certifying workers that are participating in social insurance sent by social insurance authority is received (using Form No. 01 under Decision No. 28/2021/QD-TTg) in case where information of the workers are not changed in comparison with the List of the social insurance authority.

If there are changes in information of the workers in comparison with the List sent by the social insurance authority, enterprises have to produce the List using Form No. 03 under Decision No. 28/2021/QD-TTg and submit it by November 10, 2021, at the latest.

For workers who have ceased to participate in social insurance as a result of terminating employment contracts or working contracts from January 1, 2020 to September 30, 2021, they shall themselves apply for the financial aid by using Form No. 04 of Decision No. 28/2021/QD-TTg by December 20, 2021 at the latest. The applications for financial aid shall be submitted to social insurance authority of districts/provinces.

Amendments to the forms promulgated together with this Dispatch from Form No. 02a/BHXH to Form No. 09c/BHXH by the forms promulgated together with Dispatch No. 3818/BHXH-CSXH dated November 25th, 2021.

nexto  Regarding identification of financing beneficiaries of unemployment fund (14/10/2021) 

nexto  It is not required to submit applications upon reduction in contribution rate to UI Fund for 12 months (8/11/2021) 

nexto  Procedures for applying for financial aid from the unemployment insurance fund (30/11/2021) status2

nexto  Conditions for entitlement to and rates of financial aid from unemployment insurance fund (7/10/2021) 

6. It is required to continue controlling the entering and leaving Ho Chi Minh City and some southern provinces after September 30th

Official Telegraph No. 1265/CD-TTg dated September 30th, 2021 of the Prime Minister on continuation of control measures for individuals entering and leaving Ho Chi Minh City, Binh Duong Province, Dong Nai Province, and Long An Province

Posted: 1/10/2021 7:58:47 AM | Latest updated: 7/10/2021 9:50:00 AM (GMT+7) | LuatVietnam: 5302 | Vietlaw: 530

Because the epidemic situations in Ho Chi Minh City and Binh Duong, Dong Nai, and Long An provinces remain complicated, the Prime Minister telegraphs to request the continuation of controlling people entering and leaving these localities.

Governments of Ho Chi Minh City and the aforesaid 3 provinces must agree and organize solutions for individuals entering and leaving the city and provinces safely and thoroughly.

In addition, the Prime Minister also requests the aforesaid city, provinces to continue closely cooperating in bringing workers and employees from their hometown back to Ho Chi Minh City and the provinces to restore manufacturing and business operations.

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

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

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

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

7. Prices of some aviation services shall be reduced in 2021

Circular No. 21/2021/TT-BGTVT dated September 26th, 2021 of the Ministry of Transport on price and price range of aviation services at airports and aerodromes of Vietnam from January 1, 2021 to December 31, 2021 inclusively

Posted: 27/9/2021 10:40:51 AM | Latest updated: 7/10/2021 1:44:47 PM (GMT+7) | LuatVietnam: 5300 | Vietlaw: 530

This Circular is to reduce prices of some aviation services from January 1st, 2021 to December 31st, 2021.

Accordingly, prices of aircraft landing and take-off services for domestic flights shall be reduced by 50% in comparison with the prices specified at Circular No. 53/2019/TT-BGTVT .

With regard to prices of aviation services under the lists regulated in Clause 2 and Clause 3 Article 1 of Circular No. 53/2019/TT-BGTVT, it is allowable applying the minimum price of VND 0 and the maximum price according to Circular No. 53/2019/TT-BGTVT.

This Circular takes effect from the date of its signing.

* Eff. date: Sunday, September 26, 2021

nexto  Amendments, supplements to regulations on management and provision of air navigation services (1/1/2022) 

nexto  Conditions for operation of airports and aerodromes from (9/2/2022) 

nexto  Packages of tax reduction, exemption given to aviation enterprises affected by Covid-19 (11/12/2021) 

nexto  Regulations on maintenance of aeronautical facilities from January 15th, 2022 (21/12/2021) 

8. Rights and duties of Vietnamese students studying abroad

Decree No. 86/2021/ND-CP dated September 25th, 2021 of the Government on travelling abroad of Vietnamese nationals for studying, teaching, conducting scientific research, and performing academic exchange

Posted: 28/9/2021 9:56:18 AM | Latest updated: 6/5/2022 6:06:15 AM (GMT+7) | LuatVietnam: 5301 | Vietlaw: 530

This Decree provides for standards, rights, duties and responsibilities of Vietnamese students travelling abroad for studying at least 3 consecutive months and Vietnamese teachers, lecturers travelling abroad for teaching, conducting scientific research, and performing academic exchange.

Accordingly, with regard to Vietnamese students travelling abroad for studying, they must have degrees, certificates for specialty and foreign languages satisfactory to scholarship programs and must obtain agreement from supervisory agencies.

Vietnamese students must not exploit studying; have to return training costs according to regulations in case of failure to complete studying obligations or failure to comply with job assignment of competent authority.

With regard to Vietnamese teachers, lecturers travelling abroad for teaching, conducting scientific research, they must comply with decision assigning teaching jobs, scientific research tasks; contribute to social insurance, health insurance, person income tax (if any), and other mandatory costs according to applicable regulations of the Government, otherwise provided by international agreements.

In addition, they must not exploit teaching, scientific research, and academic exchange in foreign countries to work or stay overseas illegally except for cases where duration of stay abroad must be extended due to sickness, war, conflict, natural disasters, or epidemic;;

This Decree takes effect from December 1st, 2021 and abrogates Decision No. 05/2013/QD-TTgstatus1 dated January 15th, 2013.

* Eff. date: Wednesday, December 1, 2021

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

nexto  Overseas education consulting training program (26/4/2022) 

nexto  Program of development of system of quality assurance and accreditation for pedagogical universities and colleges in period of 2022 – 2030 (29/3/2022) 

nexto  Preschool children in Ho Chi Minh city would go to school from February 2022 (21/1/2022) 

nexto  New Regulation on establishment and operation of independent nursery education institutions (1/4/2022) 

9. Land rents payable in 2021 of enterprises affected by Covid-19 shall be reduced by 30%

Decision No. 27/2021/QD-TTg dated September 25th, 2021 of the Prime Minister on reduction in land rents payable in 2021 for entities affected by the Covid-19 pandemic

Posted: 28/9/2021 1:43:29 PM | Latest updated: 19/4/2022 12:06:15 PM (GMT+7) | LuatVietnam: 5305 | Vietlaw: 530

This is the new policy, which has been just approved by the Prime Minister, applicable to enterprises that are directly leasing land from the State and making payment for land rents annually.

However, the reduction of 30% shall be only calculated on the land rents payable in 2021. The reduction shall not be made on outstanding land rents of the years prior to 2021 and late payment interests (if any).

Enterprises whose 2021’s land rents have been reduced under other forms, the reduction of 30% shall be calculated on the remaining payable land rents (after the land rents have been reduced under the other forms).

The application for reduction in land rents payable in 2021 shall be submitted by December 31st, 2021 at the latest.

This Decision takes effect from the date of its signing.

* Eff. date: Saturday, September 25, 2021

nexto  Issues relating to a reduction of 30% in land rents payable in 2021 due to impact of Covid-19 (16/2/2022) 

nexto  Regarding non-agricultural land use tax policy (21/2/2022) 

nexto  Regarding land rent reduction under Decision No. 27/2021/QD-TTg (14/2/2022) 

nexto  Regarding land rent exemption, reduction given to labor-intensive projects (23/2/2022) 

10. Regulations on cooperation in management of aviation infrastructure assets invested by the State

Circular No. 20/2021/TT-BGTVT dated September 22nd, 2021 of the Ministry of Transport on promulgating regulations on cooperation between enterprise assigned to manage aviation infrastructure assets and authority performing state management of aviation activities

Posted: 24/9/2021 8:56:24 AM | Latest updated: 4/10/2021 3:38:41 PM (GMT+7) | Vietlaw: 530

These Regulations regulate rules, contents and responsibility for cooperation between Civil Aviation Authority of Vietnam and Airports Corporation of Vietnam in management, use and operation of State-invested aviation infrastructure assets.

This Circular takes effect from November 10th, 2021.

* Eff. date: Wednesday, November 10, 2021

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

nexto  Amendments, supplements to regulations on management and provision of air navigation services (1/1/2022) 

nexto  Conditions for operation of airports and aerodromes from (9/2/2022) 

nexto  Packages of tax reduction, exemption given to aviation enterprises affected by Covid-19 (11/12/2021) 

nexto  Regulations on maintenance of aeronautical facilities from January 15th, 2022 (21/12/2021) 

11. Master plan on Vietnam's seaport system development in the 2021 - 2030 period

Decision No. 1579/QD-TTg dated September 22nd, 2021 of the Prime Minister on approving the overall master plan on Vietnam's seaport system development in the 2021 - 2030 period, with a vision toward 2050

Posted: 24/9/2021 2:48:53 PM | Latest updated: 7/10/2021 10:41:05 AM (GMT+7) | Vietlaw: 530

This Decision takes effect from the date of its singing.

nexto  Regarding withholding tax on brokerage commission (3/1/2022) 

nexto  Master plan on Vietnam's seaport system development in the 2021 - 2030 period (6/10/2021) 

nexto  Surcharges collected together with international freight shall be exempt from VAT (1/10/2021) 

nexto  Amendments to regulations on maritime fees and charges (27/9/2021) 

12. Amendments to the Guidelines on diagnosis and treatment for COVID-19

Decision No. 4498/QD-BYT dated September 21st, 2021 of the Ministry of Health on amendments to guidelines on diagnosis and treatment of Covid-19 caused by novel Corona virus (SARS-CoV-2)

Posted: 21/9/2021 11:26:59 AM | Latest updated: 9/4/2022 5:06:07 PM (GMT+7) | LuatVietnam: 5296 | Vietlaw: 530

This Decision is to amend, supplement to the Guidelines on diagnosis and treatment for COVID-19 promulgated at Decision No. 3416/QD-BYT dated July 14th, 2021, including guidelines on use of antiviral drugs at Sub-section 6.6 and monoclonal antibody at Sub-section 6.7.

This Decision takes effect from the date of its signing.

* Eff. date: Tuesday, September 21, 2021

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

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

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

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

13. Requirements upon making fire prevention and fighting designing for works according to foreign standards

Official letter 3906/BXD-KHCN dated September 21st, 2021 of the Ministry of Construction regarding application of foreign standards in construction activities

Posted: 5/10/2021 10:42:42 AM | Latest updated: 6/10/2021 11:37:40 AM (GMT+7) | LuatVietnam: 5305 | Vietlaw: 530

According to opinions of the Ministry of Construction, investors may select foreign standards to apply to construction works in Vietnam, including standards on designing of safety solutions to fire prevention and fighting.

However, it is required to note that foreign standards on designing of safety solutions to fire prevention and fighting for construction works must be equivalent to or higher than QCVN 06:2021/BXD of Vietnam. If contents in foreign standards have lower requirements, it is required to apply according to QCVN 06:2021/BXD.

In addition, upon selection of foreign standards to apply, it is required the evaluation of compatibility, synchronization and the compliance with national technical regulations in the course of making construction design notes for works according to regulations at Decree 15/2021/ND-CP.

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

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

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

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

14. Ha Noi allows many business and service facilities to reopen from September 21st, 2021

Directive No. 22/CT-UBND dated September 20th, 2021 of the People’s Committee of Ha Noi City on revision to Covid-19 epidemic management in hanoi city in the new normal

Posted: 21/9/2021 8:24:52 AM | Latest updated: 12/10/2021 9:03:46 AM (GMT+7) | LuatVietnam: 5300 | Vietlaw: 530

Because the Covid-19 situation in Ha Noi is practically managed, the People’s Committee Ha Noi announces that it does not apply regulations on classifying into regions; do not examine travel documents for organizations, individuals, and enterprises moving within the City.

In addition, from 6 a.m. of September 21st, 2021, Ha Noi allows the reopening of many commodity and necessary service provider; markets, supermarkets, convenience stores, mini-supermarkets, department stores, grocery stores, and agricultural product chains; drug, medical equipment, perishable goods stores serving medical examination and inspection, and epidemic management; medical examination and inspection, banking service providers, state treasury, and service providers related to banking operations, enterprises assistance, securities, postal, telecommunication, transportation, import, export auxiliary services, rehabilitation facilities, and social security facilities; barbers; sale, repair, cleaning facilities for automobiles, motorbikes, traffic vehicles, electronic appliances, and domestic equipment; stationery, book, equipment, and studying equipment business facilities; construction material and equipment stores; business activities on electronic commercial platforms, using online delivery services; food and drink service providers (takeaway only).

With regard to enterprises in the City, they may assign 50% of employees to work at office.

However, these transportation services are still suspended: passenger transportation on road and waterway: bus, taxi, contract vehicle, tourism coach, interprovincial coach, inland waterway station, passenger motorbike transportation; except for cases of: serving epidemic management, public affairs, foreign affairs, and worker and expert transportation.

Notably, business and service facilities that are allowed to resume operation must fully comply with the guidelines on Covid-19 management at the Annex enclosed herewith.

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

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

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

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

15. It is required to apply for permission from the Prime Minister upon importing used auto components for research

Official letter No. 10710/BTC-TCHQ dated September 16th, 2021 of the Ministry of Finance regarding import of used auto components, spare parts

Posted: 17/9/2021 4:39:26 PM | Latest updated: 5/10/2021 3:44:15 PM (GMT+7) | LuatVietnam: 5305 | Vietlaw: 530

According Section II.9.a Annex I of Decree No. 69/2018/ND-CP, used auto spare parts belong to the List of prohibited imports. If enterprises wish to import used auto spare parts to serve analysis, testing, research, etc. they have to apply for the permission from the Prime Minister.

Accordingly, in case an enterprise (including exporting processing enterprise) needs to import used auto spare parts to serve analysis, testing, research of causes of errors, etc. it needs to be permitted by the Prime Minister.

With regard to discarded products obtained from the process of testing, research, etc. the Ministry of Finance notes that enterprises have to destruct all discarded products and report to customs authorities before the destruction.

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

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

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

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

16. New criteria for evaluation of safety and prevention against Covid-19 at food and drink establishments (in Ho Chi Minh city)

Decision No. 3326/QD-BCDstatus1 dated September 15th, 2021 of the People’s Committee of Ho Chi Minh city on promulgation of criteria for evaluation of safety and prevention against covid-19 at food and drink establishments, and food trading establishments in Ho Chi Minh city status1

Posted: 22/9/2021 9:45:03 AM | Latest updated: 27/10/2021 3:53:38 PM (GMT+7) | LuatVietnam: 5296 | Vietlaw: 530

This Decision provides for new criteria for evaluation of safety and prevention against Covid-19 at food and drink establishments in Ho Chi Minh city, including food stalls in supermarkets, food stores and convenience stores.

Accordingly, food and drink establishments and food stalls in Ho Chi Minh city shall be allowed to operate only when they meet all criteria regulated at this Decision.

With regard to establishments serving food and drink at place, they must additionally meet these criteria: the area of the eating area must be sufficient to ensure there is at least 4 m2 of space for each person and the distance between 02 persons is at least 2 m or there shall be a partition between 02 persons.

With regard to employees, customers, shippers, they must comply with the Ministry of Health’s guidelines for Covid-19 prevention and control such as vaccination, negative Covid-19 test result.

This Decision comes into force from the day on which it is signed and supersedes Decision No. 1369/QD-BCD dated April 23rd, 2020.

* Eff. date: Wednesday, September 15, 2021

This Decision shall be expired from Oct. 15, 2021, replaced by Decision No. 3585/QD-BCD dated15/10/2021.

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

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

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

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

17. There is no requirement of minimum residential land area in a commercial housing construction project

Official letter No. 3692/BXD-QLN dated September 13th, 2021 of the Ministry of Construction regarding implementation of procedures for approving investment guidelines and approving an investor executing a commercial housing construction project.

Posted: 29/9/2021 10:20:18 AM | Latest updated: 7/10/2021 10:41:17 AM (GMT+7) | LuatVietnam: 5306 | Vietlaw: 530

According to clause 5 Article 1 of Decree No. 30/2021/ND-CP, if an investor is eligible to act as a project owner and has the rights to use land falling into 3 cases below, investment guidelines shall be approved at the same time of recognition of commercial housing construction project owner:

(1) Have lawful residential land use right;

(2) Have lawful rights to use residential land and other types of land permitted by the competent authority to be repurposed into residential land;

(3) Receive transfer of residential land use rights for commercial housing construction.

Accordingly, the aforesaid provision does not regulate the ratio of minimum residential land area to total land area for execution of the commercial housing construction project.

However, according to Article 14 of 2014 Law on Housing, housing development projects must be suitable to construction planning, land use planning and must be included in local housing development programs, plans.

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

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

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

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

18. The guidelines on COVID-19 immunization screening

Decision No. 4355/QD-BYTstatus1 dated September 10th, 2021 of the Ministry of Health on Provisional guidelines on COVID-19 immunization screeningstatus1

Posted: 13/9/2021 9:54:38 AM | Latest updated: 21/12/2021 2:54:00 PM (GMT+7) | LuatVietnam: 5288 | Vietlaw: 530

This Decision provides for new guidelines on COVID-19 immunization screening

Accordingly, the new guidelines adjust the measurement of blood pressure, pulse measurement, and counting of breaths of persons who come to have COVID-19 immunization

Specifically, it is only required to measure blood pressure of individuals having history of hypertension/hypotension, individuals having underlying medical conditions related to cardiovascular diseases, and individuals older than 65 years of age. Under the earlier guidelines, all persons who come to have COVID-19 immunization were measured blood pressure.

To measure pulse, count breaths of individuals having history of heart failure or having any irregularity such as chest pain, dyspnea, etc. Under the earlier guidelines, the measurement, counting of breaths were performed with regard to all individuals having underlying medical conditions.

This Decision comes into force from the day of signing. To annul Decision No. 3802/QD-BYT dated August 10th, 2021.

* Eff. date: Friday, September 10, 2021

This Decision shall be expired from December 21st, 2021, replaced by Decision No. 5785/QD-BYT dated December 21st, 2021.

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

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

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

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

19. New guidelines on determination of structure maintenance costs

Circular No. 14/2021/TT-BXD dated September 8th, 2021 of the Ministry of Construction on promulgates Circular providing guidelines on determining structure maintenance costs

Posted: 13/9/2021 4:21:36 PM | Latest updated: 11/10/2021 9:57:44 AM (GMT+7) | LuatVietnam: 5290 | Vietlaw: 530

This Circular provides for guidelines on determining structure maintenance costs under Article 35 of Decree No. 06/2021/ND-CP .

Accordingly, Article 3 of this Circular specifies that estimates on structure maintenance costs consist of: costs for annual maintenance works, structure repair costs, consultancy costs serving structure maintenance, other costs, and maintenance costs under responsibilities of owners or individuals managing, using structures.

In addition, this Circular also supplements percentage of costs for annual maintenance works with regard to agriculture and rural development works (from 0.16-0.32).

With regard to structure repair costs, in case structure repair requires at least VND 500 million in cost, estimates on structure repair costs shall conform to Circular providing guidelines on provisions regarding identification and management of construction investment costs. In case structure repair requires less than VND 500 million in costs, estimates on structure repair costs shall be determined according to clause 4 Article 3 of this Circular.

Maintenance management costs shall be identified equaling 3.5% of total costs for annual maintenance works and structure repair costs; consultancy costs serving structure maintenance and other costs.

This Circular takes effect from November 1st, 2021 and replaces Circular No. 03/2017/TT-BXDstatus1 dated March 16th, 2017.

* Eff. date: Monday, November 1, 2021

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

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

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

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

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

20. [Merged] - Regulation on management and use of apartment buildings

Merged Document No. 05/VBHN-BXD dated September 7th, 2021 of the Ministry of Construction on promulgating Regulation on management and use of apartment buildings

Posted: 29/9/2021 11:33:31 AM | Latest updated: 11/10/2021 10:25:57 AM (GMT+7) | Vietlaw: 530

This document is to merge the amendments, supplements of Circular No. 22/2016/TT-BXD dated July 1st, 2016; Circular No. 28/2016/TT-BXDstatus2 dated December 15th, /2016; Circular No. 06/2019/TT-BXD dated October 31st, 2019; Circular No. 07/2021/TT-BXD dated June 30th, 2021 into Circular No. 02/2016/TT-BXD dated February 15th, 2016 of the Ministry of Construction on promulgating Regulation on management and use of apartment buildings.

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

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

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

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

21. Master plan on the road network for the 2021-2030 period

Decision No. 1454/QD-TTg dated September 1st, 2021 of the Prime Minister on approving the master plan on the road network for the 2021-2030 period, with a vision toward 2050

Posted: 6/10/2021 1:35:37 PM | Latest updated: 7/10/2021 10:41:43 AM (GMT+7) | Vietlaw: 530

This Decision takes effect from the date of its signing.

* Eff. date: Wednesday, September 1, 2021

nexto  National technical regulation on construction planning (23/9/2021) 

nexto  Annoucement of new National Technical Regulations on construction planning (23/9/2021) 

nexto  Scheme for development of climate-smart cities in Vietnam (31/3/2021) 

nexto  National Urban Classification Plan for period of 2021 - 2030 (24/2/2022) 

22. List of medicines for outpatient treatment at home for persons infected with COVID-19

Decision No. 4109/QD-BYTstatus1 dated August 26th, 2021 of the Ministry of Health on provisional guidelines on “List of medicines for outpatient treatment at home for persons infected with Covid-19”status1

Posted: 27/8/2021 9:45:18 AM | Latest updated: 9/2/2022 10:55:48 AM (GMT+7) | LuatVietnam: 5281 | Vietlaw: 530

This Decision announces the List of medicines for outpatient treatment at home for persons infected with COVID-19, including:

1) Antipyretic, analgesic drugs;

2) Medicine for balancing electrolytes;

3) Medicine for boosting health and resistance;

4) Throat disinfectant;

5) Antiviral drugs;

6) Corticosteroid anti-flammatory medicine;

7) Anticoagulant.

Details of the aforesaid medicines are provided at List enclosed with this Decision.

Notably, Corticosteroid anti-flammatory medicine and anticoagulant must be used according to the prescription.

This Decision takes effect from the date of signing.

* Eff. date: Thursday, August 26, 2021

This Decision shall be expired from January 31st, 2022, replaced by Decision No. 261/QD-BYTstatus1 dated January 31st, 2022.

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

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

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

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

23. Measures for Occupation investigation of 2022

Decision No. 909/QD-TCTK dated August 16th, 2021 of the General Statistics Office of Vietnam on occupation investigation measures for 2022

Posted: 26/8/2021 10:42:30 AM | Latest updated: 5/10/2021 3:42:33 PM (GMT+7) | Vietlaw: 530

This Decision announces measures for Occupation investigation of 2022 in 63 provinces and central-affiliated cities, conducted by General Statistics Office of Vietnam.

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

nexto  From March 1st, 2022: Trade unions no longer provide assistance for employees infected with Covid-19 (15/3/2022) 

nexto  Process of collecting labor supply - demand information applicable from March 10th, 2022 (25/4/2022) 

nexto  Many violations against regulations on labour shall be sanctioned from January 17th, 2022 (28/3/2022) 

24. There will be policies to support enterprises implementing the "three on the spot" model

Resolution No. 88/NQ-CP dated August 12th, 2021 of the Government on the Government’s regular virtual meeting with provinces on socio-economic situtation in July and 7 months of 2021

Posted: 17/8/2021 3:51:25 PM | Latest updated: 6/10/2021 9:00:36 AM (GMT+7) | LuatVietnam: 5272 | Vietlaw: 530

At the regular meeting in July 2021, the Government requested the Ministry of Finance to consider proposing policies to support enterprises that carry out the "three on the spot" and “1 road, 2 places” production models and submit to competent authorities for decision-making on solutions to extend, exempt or reduce taxes, fees, charges, and land rents, etc. to continue supporting the people and businesses affected by Covid-19.

In addition, the Government assigned the Ministry of Labor - Invalids and Social Affairs to consider expand the beneficiaries, scale and duration of support policies regulated at Resolution No. 68/NQ-CPstatus2 .

nexto  Criteria for identification of SMEs are remained unchanged but there are more assistance policies (14/9/2021) 

nexto  There will be policies to support enterprises implementing the "three on the spot" model (6/10/2021) 

nexto  Regarding determination of related-party transaction (21/7/2021) 

nexto  Issues relating to provision of legal assistance for enterprises (21/6/2021) 

25. Regarding the Government’s regular meeting in June 2021

Resolution No. 75/NQ-CP dated July 14th, 2021 of the Government on Government’s regular virtual meeting with provinces – June 2021

Posted: 15/7/2021 9:48:15 AM | Latest updated: 6/10/2021 9:01:33 AM (GMT+7) | Vietlaw: 530

At the regular meeting in June 2021, the Government discussed socio-economic situation in the first 6 months of the year and directions, tasks for the last 6 months of 2021.

nexto  Socio-Economic Development Plan during the 5-year period from 2021 to 2025 (14/10/2021) 

nexto  5-year socio-economic development plan during the 2021 – 2025 period (10/9/2021) 

nexto  Regarding the Government’s regular meeting in June 2021 (6/10/2021) 

nexto  Strategy for domestic trade development by 2030 (15/7/2021) 

26. Regarding allowance for participation in Covid-19 prevention and control, cost of SARS-CoV-2 screening tests and prices for Covid-19 vaccination services

Resolution No. 58/NQ-CP dated June 8th, 2021 of the Government on Government’s regular meeting of May 2021

Posted: 9/6/2021 9:43:59 AM | Latest updated: 27/4/2022 5:06:19 PM (GMT+7) | LuatVietnam: 5222 | Vietlaw: 530

At the regular meeting in May 2021, the Government agreed these issues:

- Approval of a specific allowance for medical staff who directly inject Covid-19 vaccine (at the maximum rate of 150,000 VND/person/day); cost norms for people with medical expertise volunteering in Covid-19 prevention and control (from 200,000 VND - 300,000 VND/person/day); Support for meals and living expenses during volunteer period (120,000 VND/person/day).

- People, who had to pay the cost of SARS-CoV-2 screening tests at concentrated medical quarantine facilities as prescribed in Resolution No. 16/NQ-CP dated February 8, 2021 and Resolution No. 48/NQ-CP dated May 6, 2021 shall continue to monitor their health at home. After the mandatory quarantine period had ended, they have to pay cost of SARS-CoV-2 screening tested according to related regulations of epidemic prevention and control.

- Prices for voluntary COVID-19 vaccination services must comply with Resolution No. 21/NQ-CP dated February 26, 2021 and Decree No. 104/2016/ND-CPstatus2 dated July 1, 2016.

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

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

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

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

27. Vietnamese citizens returning from neighboring countries shall be given financial support to cover costs of concentrated quarantine and Covid-19 testing

Resolution No. 48/NQ-CP dated May 6th, 2021 of the Government on Government’s regular meeting of April 2021

Posted: 10/5/2021 7:49:16 AM | Latest updated: 7/4/2022 9:06:21 AM (GMT+7) | Vietlaw: 530

At the regular meeting in April 2021, the Government discussed these issues:

- Covid-19 pandemic prevention and control;

- The socio-economic situation in April and the first 4 months of 2021;

- The proposed Five-Year Socio-Economic Development Plan in 2021-2025;

- The revision of Law on Emulation and Commendation;

- The proposal to revise Law on Protection of Consumers' Rights

...

Accordingly, Vietnamese citizens returning from neighboring countries by land shall receive support from the State budget to cover costs, for transportation from arrival sites to a concentrated quarantine facility, screening test for SARS-CoV-2, and other benefits at mandatory quarantine facilities.

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

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

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

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

28. Scheme for renovation of single-window system and inter-agency single-window system for handling administrative procedures

Decision No. 468/QD-TTg dated March 27th, 2021 of the Prime Minister on approving scheme for renovation of single-window system and inter-agency single-window system for handling administrative procedures

Posted: 30/3/2021 8:20:29 AM | Latest updated: 8/3/2022 2:06:02 PM (GMT+7) | Vietlaw: 530

This Decision takes effect from the date on which it is signing.

* Eff. date: Saturday, March 27, 2021

nexto  Scheme for renovation of single-window system and inter-agency single-window system for handling administrative procedures (11/10/2021) 

nexto  Guidance on classification and assessment of cooperatives (20/2/2020) 

nexto  General procedures for handling administrative procedures at One-stop Shops (4/12/2018) 

nexto  New process of formulation and promulgation of legislative documents (14/10/2021) status1

29. Regarding procedures for performing both wholesaling and retailing by FDI enterprises

Official letter No. 7814/BCT-KH dated September 26th, 2018 of the Ministry of Industry and Trade regarding guidelines on implementation of regulations of Decree No. 09/2018/ND-CP

Posted: 4/10/2018 2:29:00 PM | Latest updated: 14/10/2021 9:44:03 AM (GMT+7) | LuatVietnam: 4568 | Vietlaw: 530

According to clause 1 Article 6 of Decree No. 09/2018/ND-CP, a foreign direct investment (FDI) enterprise is only entitled to perform the wholesale distribution right after it registered this right on the documents as prescribed under the Law on Investment and the Law on Enterprises.

In addition, according to point a clause 1 Article 5 of Decree No. 09/2018/ND-CP, the FDI enterprise has to apply for the license upon performing the retail distribution right.

Accordingly, in case the FDI enterprise wishes to the perform the combined business model (it performs both wholesaling and retailing) to trade multi functional goods items (they may be used for various purposes such as production, consumption, etc.), the FDI enterprise needs to register to perform the wholesaler distribution right and applies for a license to perform the retail distribution right

The concepts “wholesaling”, “retailing” are construed as follows (Clause 6, clause 7 Article 3 of Decree No. 09/2018/ND-CP):
- "Wholesaling" involves selling goods to wholesalers, retailers and other merchants, organizations; excluding retailing.
- "Retailing" involves selling goods to individual, household, other organization for consumption.

nexto  Regarding foreign investor’s purchase of capital contributed in a real estate company in Vietnam (19/4/2022) 

nexto  Regarding import duty refund for FDI enterprise’s goods sold to a third country (12/3/2022) 

nexto  New regulation on inspection of FDI enterprises and projects from April 1st, 2022 (4/4/2022) 

nexto  Law on amendments, supplements to the Law on Investment, the Law on Housing, the Law on Enterprises, etc. (2022) (22/3/2022) 


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