Legal Document Updates in English (01/2022)

REDUCE 37 CHARGE AND FEE RATES

The Ministry of Finance promulgates the Circular No. 120/2021/TT-BTC prescribing the rates of a number of charges and fees aiming to support and remove difficulties for subjects affected by the COVID-19 pandemic on December 24, 2021.

Accordingly, reduce from 10-50% of the rates of 37 charges and fees to support and remove difficulties for subjects affected by the COVID-19 pandemic. Specifically, reduce 10% of road tolls applicable to trucks, special-use cars, and trailers; charge for appraisal of conditional business in the fields of aquatic feed and aquaculture environment treatment products; charges in food safety; etc. in comparison with the one specified by current regulations.

Also, reduce 30% of charge for appraisal of business conditions in technical inspection of occupational safety; and

training in occupational safety and health; charges in the health sector; road tolls applicable to commercial passenger vehicles (passenger cars, buses for mass transit); etc.

Besides, fee for grant of permits for sending of guest workers abroad to work for a definite term; fee for submission of a registration application for protection of intellectual property rights; fee for grant of protection titles and certificates of registration of industrial property rights transfer contracts; fee for issuance of citizen’s identity cards; charge for settlement of independent requests of persons with related rights and obligations; etc. are reduced by 50%.

This Circular takes effect from January 01, 2022, until the end of June 30, 2022.

TOTAL NUMBER OF EXTRA WORKING HOURS OF AN EMPLOYEE MUST NOT EXCEED 300 HOURS/YEAR

This highlight content is prescribed by the Ministry of Labor, Invalids and Social Affairs in the Circular No. 18/2021/TT-BLDTBXH dated December 15, 2021, prescribing working time and rest time for employees doing seasonal production jobs or processing goods under orders.

Specifically, the maximum daily standard working hours and extra working hours as follows: The total number of standard working hours and extra working hours in a day must not exceed 12 hours; The total number of standard working hours and extra working hours in a week must not exceed 72 hours; The total number of extra working hours in a month must not exceed 40 hours; The total number of extra working hours in a year of each employee must not exceed 300 hours.

Employees are entitled to at least one day off (24 consecutive hours) a week. In seasonal-work months or when goods must be urgently processed for export under orders, if weekly days off cannot be arranged, the employer must ensure at least 04 days off every month for employees.

Annually, based on the standard working time in a year, employers shall make a plan to determine the number of daily standard working hours of each employee in the following cases: The number of daily standard working hours is 8 hours; The number of daily standard working hours may be more than 8 hours but must not exceed 12 hours; The number of daily standard working hours may be from 4 hours to less than 8 hours; A whole day-off is allowed.

This Circular takes effect on February 01, 2022.

ENTERPRISES SENDING VIETNAMESE WORKERS ABROAD MUST MAKE A DEPOSIT OF VND 2 BILLION

On December 10, 2021, the Government issues the Decree No. 112/2021/ND-CP detailing a number of articles and measures to implement the Law on Vietnamese Guest Workers.

Accordingly, an enterprise providing the service of sending Vietnamese workers aboard as guest workers shall deposit VND 2,000,000,000 (two billion Vietnam dong) at a bank, foreign bank branch legally established and licensed to operate in Vietnam.

Besides, enterprises assigning branches to provide the service of sending Vietnamese workers abroad as guest workers must deposit another amount of VND 500,000,000 (five hundred million Vietnam dong) for each assigned branch.

COMMERCIAL BANKS MUST DEVELOP PROCEDURES
FOR TRADING INTEREST RATE DERIVATIVE PRODUCTS BY ELECTRONIC MEANS

The Circular No. 25/2021/TT-NHNN amending and supplementing a number of articles of the Circular No. 01/2015/TT-NHNN dated January 06, 2015, stipulating trading and provision of interest rate derivative products of commercial banks and foreign bank branches is issued on December 31, 2021 by the State Bank of Vietnam.

Specifically, commercial banks and foreign bank branches trading and providing interest rate derivative products by electronic means must develop procedures for trading and providing interest rate derivative products by electronic means in compliance with this Circular, the law on anti-money laundering, e-transactions and relevant laws,

ensuring client confidentiality and safety for commercial banks’ and foreign bank branches’ activities.

Besides, credit institutions and foreign bank branches shall be entitled to use interest rate derivative products if satisfying one of the following conditions: Having internal regulations on risk management, specifying the limit of interest rate risk, stop loss limit; total interest rate risk exposure limit for interest rate derivative products; Controlling the net loss limit on using interest rate derivative products.

This Circular takes effect on February 14, 2022.

NON-REFUNDABLE ODA SHALL BE PRIORITIZED FOR EPIDEMIC PREVENTION

On December 16, 2021, the Government issues the Decree No. 114/2021/ND-CP on management and use of official development assistance (ODA) and concessional loans of foreign donors.

In accordance with this Decree, non-refundable ODA shall be prioritized for implementation of programs and projects on socio-economic infrastructure development; capacity building; support for formulation of policies and institutions and reforms; prevention, control and mitigation of natural disasters, epidemic prevention; adaptation to climate change; green growth; creative innovation; social security; etc.

ODA loans shall be prioritized for programs and projects in the fields of health, education, vocational education, adaptation to climate change, environmental protection, and construction of essential economic infrastructure facilities which are incapable of directly recovering invested funds.

Besides, concessional loans shall be prioritized for programs and projects that use loans for on-lending under regulations on on-lending of ODA and foreign concessional loans of the Government; and programs and projects to be covered by state budget expenditures in the field of socio-economic infrastructure development.

Additionally, to allocate all ODA loans and foreign preferential loans from the central budget for programs and projects to be covered by central budget expenditures. For investment programs and projects to be covered by local budget expenditures, ODA or foreign concessional loans shall be partially or wholly on-lent under regulations on on-lending of ODA and foreign concessional loans of the Government.

This Decree takes effect on the signing date.

PEOPLE IN SOCIAL DISTANCING AREAS
MAY SUBMIT SCANNED DOCUMENTS FOR CUSTOMS CLEARANCE

This noticeable content is prescribed in the Circular No. 121/2021/TT-BTC dated December 24, 2021 of the Ministry of Finance providing regulations on customs procedures applicable to goods imported for the prevention and control of COVID-19 pandemic, submission of documents in customs dossiers, and physical inspection of exported and imported goods amidst the COVID-19 pandemic.

Accordingly, documents in a customs dossier for goods imported or exported under Clause 5, Article 1 of the Circular No. 39/2018/TT-BTC must be submitted in paper form, customs declarants may submit scanned copies confirmed by digital signatures via the Customs e-Data Processing System when carrying out customs procedures.

The submission of scanned documents is allowed in the following cases: Customs declarants or Customs Branches with addresses in areas under social distancing, isolation, or lockdown measure as notified by

competent agencies for COVID-19 prevention and control; The time for submission of documents in the customs dossier occurs during the announcement of the competent agency on the implementation of social distancing, isolation, or lockdown measures.

In such case, a scanned copy of the competent agency's written notice on the application of social distancing, isolation, or lockdown measure, confirmed by the customs declarant's digital signature is required. Besides, customs declarants must submit additional paper documents in customs dossiers of imported or exported goods within 30 days after registering the customs declarations, or 05 working days from the date of ending the social distancing, isolation or lockdown as notified by the competent agency (in some cases).

This Circular takes effect on the signing date.

THE TARIFF QUOTA FOR UNMANUFACTURED TOBACCO IN 2022 IS 65,156 TONS

The Ministry of Industry and Trade issues the Circular No. 24/2021/TT-BCT providing the principle of administering the import of salt, birds’ eggs and unmanufactured tobacco in 2022 within tariff quotas on December 16, 2021.

Specifically, the quantity of salt, birds’ eggs and unmanufactured tobacco to be imported in 2022 within tariff quotas for unfertilized eggs; salt (temporarily allocated for the first phase in 2022) and unmanufactured tobacco is 63,860 dozen; 80,000 tons and 65,156 tons, respectively.

Besides, import tariff quotas for salt shall be allocated to traders for direct use as materials for production of chemicals

and drugs and medical products; import tariff quotas for birds’ eggs shall be allocated to traders that wish to import birds’ eggs; import tariff quotas for unmanufactured tobacco shall be allocated to traders that possess cigarette production licenses granted by the Ministry of Industry and Trade and wish to use imported unmanufactured tobacco for cigarette production.

This Circular takes effect from February 01, 2022, through December 31, 2022.

ALLOW REMOTE MEDICAL EXAMINATION AND TREATMENT FOR COVID-19 PATIENTS

On December 30, 2021, the National Assembly Standing Committee issues the Resolution No. 12/2021/UBTVQH15 on allowing the application of a number of health-related mechanisms and policies for the prevention and control of COVID-19 pandemic.

Accordingly, to allow the method of remote medical examination and treatment for COVID-19 patients and those who cannot go to medical examination and treatment establishment due to COVID-19 pandemic. Remote medical examination and treatment activities must be carried out by persons who have been granted a medical practice certificate, medical examination and licensed treatment establishment satisfying requirements for medical equipment and information infrastructure.

Also in accordance with this Resolution, persons mobilized or assigned to participate in COVID-19 prevention and control who are infected with COVID-19, and persons subject

to medical quarantine after working period at COVID-19 collection and treatment establishments shall be entitled to salary, wage, allowance according to their salaries and contributions as prescribed by law during the COVID-19 treatment period or medical quarantine period with the current benefit rate from the Social insurance fund and State budget.

Noticeably, the National Assembly Standing Committee adds medical equipment for the prevention and control of COVID-19 pandemic in the List of goods and services subject to price valorization. Based on actual situation, the Government shall specify medical equipment serving the prevention and control of COVID-19 pandemic that are applied price valorization measures.

This Resolution takes effect on the signing date.

MEASURES FOR COVID-19 PREVENTION APPLICABLE TO PEOPLE ON ENTRY IN HANOI

On December 28, 2021, Hanoi People's Committee issues the Official Dispatch No. 4697/UBND-KGVX on taking measures for COVID-19 prevention and control applicable to people on entry.

In accordance with this Official Dispatch, people on entry who have received full doses of COVID-19 vaccines or have recovered from COVID-19 shall self-monitor their health at their places of residence (including houses, hotels, motels, resorts, representative agencies’ headquarters, dormitories, guest houses of production and business establishments, etc.) without contacting surrounding people or leaving their places of residence within the first 3 days after entering Vietnam. On the 3^rd day after entering Vietnam, they shall be tested for SARS-CoV-2. If the test result is negative, they shall continue to monitor their health until the end of the 14^th day from the entry date.

Unvaccinated people on entry or those who have not received full doses of COVID-19 vaccines shall be subject to 7-day quarantine at the places of residence from the date of entry; and shall be tested for SARS-CoV-2 on the 3^rd and 7^th days. If the test result is negative, they shall continue to monitor their health until the end of the 14^th day.

For people on entry aged under 18, or people on entry aged 65 and older, pregnant women and people with underlying medical conditions (without being monitored or treated at health establishments), who are unvaccinated or have not received full doses of COVID-19 vaccines, they shall be quarantined with their parents/caregivers. The caregivers must be fully vaccinated or have recovered from COVID-19 and sign a commitment to voluntarily quarantine with people on entry after receiving explanations on the infection risks, etc.

VACCINE PASSPORT’S QR CODE SHALL EXPIRE AFTER 12 MONTHS FROM THE DATE OF CREATION

The Decision No. 5772/QD-BYT on promulgating the template and procedure for issuance of “Vaccine passports” is issued on December 20, 2021 by the Ministry of Health.

Specifically, the procedure for grant of Vaccine passports for citizens consists of 3 steps: Vaccination establishments review, verify and authenticate information about vaccinated people; Vaccination establishments digitally sign COVID-19 vaccination data on the COVID-19 Immunization Management Platform; The General Department of Preventive Medicine under the Ministry of Health digitally sign the certificate of vaccination against COVID-19.

Information to be displayed on a Vaccine passport includes: Full name; Date of birth; Nationality; Targeted disease; Number of vaccine shots; Date of vaccination; Dose number; Vaccines; Vaccine products; Vaccine suppliers or manufacturers; Code of the certificate. The data would be e-signed, encrypted and presented through a 2D QR code. QR codes shall expire after 12 months from the date of creation; etc.

This Decision takes effect on the signing date.