Legal Document Updates in English (01/2021)

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

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

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

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.

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.