Legal Document Updates in English (01/2021)

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietnam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

140/2020/ND-CP

Decree No. 140/2020/ND-CP dated November 30, 2020 of the Government on amending and supplementing a number of articles of the Decree No. 126/2017/ND-CP dated November 16, 2017 of the Government on transformation of state enterprises and single member limited liability companies with 100% state enterprise-invested charter capital into joint stock companies; the Decree No. 91/2015/ND-CP dated October 13, 2015 of the Government on investment of state capital in enterprises and management and use of capital and assets at enterprises and the Decree No. 32/2018/ND-CP dated March 08, 2018 of the Government on amending and supplementing a number of articles of the Decree No. 91/2015/ND-CP

 

To supplement conditions for equitizing enterprises with 100% state owned charter capital

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

2

112/2020/TT-BTC

Circular No. 112/2020/TT-BTC dated December 29, 2020 of the Ministry of Finance providing a number of charge and fee rates to support and remove difficulties for business and production, ensure social security in response to the COVID-19 pandemic

 

To reduce 29 fees and charges from 50-100% until the end of June, 2021

Page 2

3

146/2020/ND-CP

Decree No. 146/2020/ND-CP dated December 18, 2020 of the Government amending and supplementing Article 5 of the Government’s Decree No. 20/2011/ND-CP of March 23, 2011, detailing and guiding the implementation of the National Assembly’s Resolution No. 55/2010/QH12 of November 24, 2010, on agricultural land use tax exemption and reduction

 

To extend the period of application of the land grades for calculation of agricultural land use tax

Page 3

LAND – HOUSING

 

LAND – HOUSING

4

148/2020/ND-CP

Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government on amending and supplementing a number of decrees detailing the implementation of the Land Law

 

To add order of leasing land at civil airports

Page 3

5

132/2020/QH14

Resolution No. 132/2020/QH14 dated November 17, 2020 of the National Assembly on piloting a number of policies to remove problems and backlog in the management and use of land for national defense and security purpose in combination with production labor and economic construction activities

 

Units using land for national defense purpose are not allowed to transfer or lease land use rights

Page 3

POLICY

 

POLICY

6

2205/QD-TTg

Decision No. 2205/QD-TTg dated December 24, 2020 of the Prime Minister approving the Program on Development of Intellectual Assets through 2030

 

By 2030, the number of applications for registration of trademarks by enterprises will increase by 8-10%

Page 4

7

178/NQ-CP

Resolution No. 178/NQ-CP dated December 12, 2020 of the Government on the Government’s regular meeting in November 2020

 

The Ministry of Health is requested to accelerate the payment for hospital fees on the public service portal

Page 4

 

SUMMARY:

 

Ü  ENTERPRISE

TO SUPPLEMENT CONDITIONS FOR EQUITIZING ENTERPRISES
WITH 100% STATE OWNED CHARTER CAPITAL

The Government issues the Decree No. 140/2020/ND-CP on amending and supplementing a number of articles of the Decree No. 126/2017/ND-CP dated November 16, 2017 of the Government on transformation of state enterprises and single member limited liability companies with 100% state enterprise-invested charter capital into joint stock companies; the Decree No. 91/2015/ND-CP dated October 13, 2015 of the Government on investment of state capital in enterprises and management and use of capital and assets at enterprises and the Decree No. 32/2018/ND-CP dated March 08, 2018 of the Government on amending and supplementing a number of articles of the Decree No. 91/2015/ND-CP on November 30, 2020.

Accordingly, conditions for equitizing are supplemented as follows: For enterprises subject to the reorganization and handling of real estate in accordance with the law on management and use of public property, there must be plan for reorganizing and handling house and land under the scope of reorganization and handling of houses and land

 

approved by the competent authorities in accordance with the law on management and use of public property.

In addition, when transferring capital by transferring stocks on the securities market, the time limit for the Stock Exchange to disclose information on trading shares of the enterprise’s capital transfer to investors is at least 20 days before the date of capital transfer.

Besides, before June 30, 2021, based on regulations on determination of charter capital and additional investment in capital for enterprises with 100% state owned charter capital that are operating, enterprises with 100% state owned charter capital shall make a plan to determine the charter capital and additional investment capital sources to report to the owner representing agencies for submission to the Prime Minister to consider, decide and organize the implementation of additional investment in capital and adjust the charter capital as prescribed.

This Decree takes effect on November 30, 2020.

Ü  TAX – FEE – CHARGE

TO REDUCE 29 FEES AND CHARGES FROM 50-100%
UNTIL THE END OF JUNE, 2021

On December 29, 2020, the Ministry of Finance issues the Circular No. 112/2020/TT-BTC providing a number of charge and fee rates to support and remove difficulties for business and production, ensure social security in response to the COVID-19 pandemic.

Accordingly, from January 01, 2021, until the end of June 30, 2021, 29 fees and charges shall continue to be reduced from 50-100%. To be specific:

Firstly, appraisal charge rates for construction investment projects and basic designs shall be equal to 50% of the charge rates specified in the Circular No. 209/2016/TT-BTC, prescribing the rates and the collection, remittance, management and use of appraisal charges for construction investment projects and basic designs.

Secondly, appraisal charge rates for grant of international tour operator licenses or domestic travel service business

 

licenses and appraisal charge rates for grant of tour guide’s cards shall equal to 50% of the charge rates specified in Clauses 1 and 2, Article 4 of the Minister of Finance’s Circular No. 33/2018/TT-BTC dated March 30, 2018.

Thirdly, customs charge rates and fee rates for exit from and entry into airports and airfields applicable to foreign flights to Vietnamese airports shall be equal to 90% of the charge and fee rates specified in Article 4 of the Circular No. 194/2016/TT-BTC, prescribing the rates and regimes for collection and remittance of customs charge and fee for exit from and entry into airports and airfields applicable to foreign flights to Vietnamese airports, etc.

From July 01, 2021, the charge and fee rates specified in the above Table shall comply with the original Circulars.

This Circular takes effect from January 01, 2021, until the end of June 30, 2021.


TO EXTEND THE PERIOD OF APPLICATION OF
THE LAND GRADES FOR CALCULATION OF AGRICULTURAL LAND USE TAX

The Decree No. 146/2020/ND-CP on amending and supplementing Article 5 of the Government’s Decree No. 20/2011/ND-CP of March 23, 2011, detailing and guiding the implementation of the National Assembly’s Resolution No. 55/2010/QH12 of November 24, 2010, on agricultural land use tax exemption and reduction is issued by the Government on December 18, 2020.

According to the Decree, to extend the period of application of the land grades for calculation of agricultural land use tax

 

prescribed and applied from 2011 to the end of 2020 to the end of December 31, 2025.

For localities for which adjustments to the land grades for calculation of agricultural land use tax have been approved by the Prime Minister under regulations, such regulations shall be implemented through the end of December 31, 2025.

The Decree takes effect on January 01, 2021.

Ü  LAND – HOUSING

TO ADD ORDER OF LEASING LAND AT CIVIL AIRPORTS

The Government issues the Decree No. 148/2020/ND-CP dated December 18, 2020 on amending and supplementing a number of decrees detailing the implementation of the Land Law.

Grounds for airport authorities to allocate or lease land include: A certificate granted by provincial-level People's Committee for the airport authorities; The classification and form of land allocation and lease; Airport and airfield master plans approved by competent agencies; Investors in construction of airports and airfields or works at airports and airfields that are determined in accordance with law provisions; Demand for land use, land use term indicated in the approved investment projects, written requests for land allocation or land lease; Dossiers of request for land allocation or land lease as prescribed.

 

In addition, the extension of land lease term shall be conducted based on the airport and airfield master plans already approved by competent agencies and the land use demands of the land-using organizations and individuals. At least 06 months before the expiration of the land lease term, the land-using organizations or individuals shall send 01 set of dossiers to request the extension of land lease term in person or via the post system or by other suitable forms to the airport authorities.

Within a period of 15 days (instead of 30 days by recent regulations) after receiving a complete and valid dossier, the natural resources and environment agency shall send an appraisal document to the investor for compilation of a dossier of request for land allocation, land rent or change of land use purpose.

This Decree takes effect on February 08, 2021.


UNITS USING LAND FOR NATIONAL DEFENSE PURPOSE
ARE NOT ALLOWED TO TRANSFER OR LEASE LAND USE RIGHTS

On November 17, 2020, the National Assembly promulgates the Resolution No. 132/2020/QH14 on piloting a number of policies to remove problems and backlog in the management and use of land for national defense and security purpose in combination with production labor and economic construction activities.

Specifically, it is not allowed to use the land for national defense and security purpose to contribute capital with land use rights for performance of joint venture or association contracts. Units, military and police enterprises using land for national defense and security purpose in combination with production labor and economic construction activities are not allowed to transfer, donate or lease land use rights or transfer, donate, lease, mortgage or contribute capital with land-attached assets, or arbitrarily change land use purposes.

 

A joint venture or association contract or project that is effective, consistent with local master plans and meets requirements of military, national defense and security tasks shall continue to be implemented until the expiry of the signed joint venture or association contract or project and according to the following provisions:

Firstly, in case the joint venture or association contract or project continues to be implemented but the State recovers land ahead of schedule according to the signed project or contract for socio-economic development for the national and public benefits, it shall not be compensated for land, but compensated for the residual value of land-attached assets.

Next, when the term of a joint venture or association contract or project expires, no extension is allowed.

This Resolution takes effect on February 01, 2021.

Ü  POLICY

BY 2030, THE NUMBER OF APPLICATIONS
FOR REGISTRATION OF TRADEMARKS BY ENTERPRISES WILL INCREASE BY 8-10%

This above objective is set in the Decision No. 2205/QD-TTg dated December 24, 2020 by the Prime Minister approving the Program on Development of Intellectual Assets through 2030.

The general objective of the Program is to utilize intellectual property as an important tool to improve the national competitiveness, create an environment inducive to innovation, and promote economic, cultural and social development.

By 2030, the number of applications for registration for protection of inventions of research institutes and universities will increase by 16-18% on annual average; the number of

 

applications for registration for protection of plant varieties will increase by 12-14% in average; the number of applications for registration of trademarks of Vietnamese enterprises will increase by 8-10% on annual average.

In order to achieve the above-mentioned objective, it is required to intensify activities that create intellectual assets and improve quality of human resources for innovation and intellectual property; step up the registration for protection of intellectual assets at home and abroad; concurrently, form and build an intellectual property culture in society.

This Decision takes effect on the signing date.


THE MINISTRY OF HEALTH IS REQUESTED TO ACCELERATE
THE PAYMENT FOR HOSPITAL FEES ON THE PUBLIC SERVICE PORTAL

On December 12, 2020, the Government issues the Resolution No. 178/NQ-CP on the Government’s regular meeting in November 2020.

Accordingly, the Government agrees with the proposal of the Ministry of Planning and Investment on allowing ministries, central and local agencies which by September 30, 2020, have been disbursed less than 60% of the plan assigned at the beginning of the year, to continue disbursing the remaining capital within the total capital in 2020 assigned by the Prime Minister.

The Government also asks ministries, branches, and localities to continue to fulfill the targets and tasks set out in 2020 that are prescribed in the Resolution No. 17/NQ-CP and the Notice No. 339/TB-VPCP, striving to achieve the target of providing at least 30% of online public services at level 4 in 2020.

 

Concurrently, the Ministry of Health needs to complete the autonomy scheme of Cho Ray Hospital and Viet Duc Hospital, and report to the Prime Minister before December 15, 2020; put into operation 02 Facility Projects (2) of Bach Mai Hospital and Viet Duc Hospital in Ha Nam; accelerate the implementation of the pilot online payment for hospital fees on the national public service portal.

Besides, the Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and relevant ministries and agencies in, researching and formulating policies and support levels on health insurance for children under 16 years old, especially for children suffering from dangerous diseases according to the socio-economic development circumstances in each period, etc.

 

 

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: cskh@luatvietnam.vn. Customers can study all information on LuatVietnam service via address: english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82, Duy Tan Street, Cau Giay District, Hanoi. Tel: 0938 36 1919
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (
028) 399 507 24 - Fax: (028) 399 507 27
Email: cskh@luatvietnam.vn

 

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html . You will receive the final confirmation before un-list your email address in our system.