Legal Document Updates in English (02/2021)

NOT TO GRANT PERMIT
FOR FOREIGN EMPLOYEES WORKING IN VIETNAM LESS THAN 30 DAYS

The Government issues the Decree No.152/2020/ND-CP dated December 30, 2020 providing regulations on foreign employees working in Vietnam and recruitment, management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

One of the highlight contents is the provision on granting permit for foreign employees working in Vietnam. Accordingly, a foreign employee who is the owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more; foreigner who enters Vietnam to work as specialist, manager, executive or technical employee for fewer than 30 days per entry and not exceeding 3 times in a year, etc. shall be exempted from work permit.

In addition, those who are exempted from work permit also include: Volunteers; Relatives of members of foreign representative missions in Vietnam or foreign employees entering Vietnam are certified by the Ministry of Education and Training to teach and research, etc.

For the cases subject to work permit, the validity period of a granted work permit must not exceed 2 years. In case of re-grant, the validity period of a work permit re-granted must equal the validity period of the granted work permit minus the foreign employee’s working period counted by the time of request for re-grant of the work permit. The permit is extended once for a maximum period of 2 years.

This Decree takes effect on February 15, 2021.

TO SUSPEND FLIGHTS FROM COUNTRIES
WHERE THE NEW VARIANTS OF SARS-COV-2 VIRUS ARE REPORTED

On January 05, 2021, the Prime Minister issues the Directive No. 01/CT-TTg on strengthening the prevention and control of COVID-19 pandemic.

Accordingly, the Prime Minister requests to suspend flights from countries and territories where the new variants of SARS-CoV-2 virus are reported and the pandemic development is complicated such as England and South Africa to Vietnam. The Ministry of Foreign Affairs shall assume the prime responsibility for, and direct the strict implementation of reviewing cases of citizens who are living in other countries and wish to return home, ensuring to settle for the correct subjects; pay attention to carry out citizen protection and create favorable conditions to return home for elderly without relatives, those who are in difficulties, those who go abroad for medical treatment, and those whose visas or contracts are expired or those whose studying time is end, etc.

The Ministry of Transport shall assume the prime responsibility for, and direct the serious implementation of provisions on pandemic prevention and control before, during and after the flight carrying people entering Vietnam, ensure to early detect and take appropriate measures for confirmed cases and cases with risks of infection that entering Vietnam by airplanes. In case of detecting a new confirmed case, the Ministry of Health, the Ministry of National Defence and People’s Committees of concerned provinces and centrally-run cities shall quickly trace and take necessary measures to prevent the pandemic from spreading in the community.

Besides, Chairpersons of People’s Committees of provinces and centrally-run cities shall focus on directing the strict implementation of wearing masks in public areas and imposing sanctions on those who fail to wear masks as prescribed; prohibiting mass gatherings and festival organization is restricted, etc.

GUIDANCE ON SARS-COV-2 INFECTION PREVENTION
IN MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS

On December 14, 2020, the Ministry of Health issues the Decision No. 5188/QD-BYT on promulgating the Guidance on prevention and control of SARS-CoV-2 in medical examination and treatment establishments.

Specifically, persons who do not have respiratory symptoms should avoid gathering and avoid coming to crowded places frequently; keep a distance at least 2 meters off any person having respiratory symptoms (for example: coughing, sneezing). When coughing or sneezing, cover the mouth and nose with the elbow or with tissue, which must be immediately discarded after using and hand hygiene is required; avoid touching hands to eyes, nose, and mouth, etc.

Besides, the Ministry of Health also provides guidance on droplet precautions. To be specific:

Firstly, the patient must be arranged in a separate isolation room. If there is no separate room, this patient should be arranged in the same room with patients of the same pathogen but must keep a minimum distance of 2 meters.

Secondly, patient transportation out of the isolation room must be minimized. In case of transportation, the patient must wear medical mask, use the special pathway to avoid infection to other healthcare workers, patients and people, etc.

This Decision takes effect on the signing date.

PEOPLE HAVING RESPIRATORY SYMPTOMS
SHOULD NOT USE HANDS TO COVER MOUTH WHEN COUGHING

According to the Ministry of Health’s recommendations, all patients or healthcare workers having any respiratory symptom must apply the principles of respiratory hygiene, including: Cover the mouth and nose with tissue when coughing and sneezing, and then discard it into the waste bin. In case no tissue is available, a person may cough onto the upper side of the elbow, not use the hand to cover mouth when coughing.

The patient who has symptoms of coughing or sneezing should wear medical mask when having close contact (<2m) or the healthcare worker examining a patient who has risk of COVID-19 via droplet transmission. Concurrently, wash hands after having contact with excretions. Stand or sit at least 2 meters apart from a COVID-19 confirmed or suspected patient.

Those who do not have respiratory symptoms should avoid gathering and avoid coming to crowded places frequently;

keep a distance at least 2 meters off any person having respiratory symptoms (for example: coughing, sneezing), etc. At the same time, do hand hygiene regularly with alcohol-based solution for unsoiled hands or with soap and water for soiled hands.

Those who have respiratory symptoms are recommended to wear medical mask and to have to visit hospital as soon as possible in case of fever, cough, dyspnea, etc. and use and manage masks properly, avoiding risks of transmission related to the improper use and discard of mask.

The above-mentioned guidance is issued together with the Decision No. 468/QD-BYT dated February 19, 2020 of the Ministry of Health on promulgating the Guidance on prevention and control of acute respiratory infection caused by coronavirus 2019 (COVID-19) at medical examination and treatment establishments, which takes effect on the signing date.

DRIVERS MUST LOG ON THE ITINERARY TRACKING DEVICE
BEFORE STARTING THE VEHICLE

The Circular No. 12/2020/TT-BGTVT on providing regulations on the organization and management of by-automobile transport activities and road transport support services is issued by the Ministry of Transport on May 29, 2020.

This Circular defines that the driver shall use his/her driving identification card to log on the vehicle’s itinerary tracking device via its card reader before starting the vehicle to perform the transport task. At the same time, he/she must check at least the following key contents to ensure the technical safety situation of the vehicle: the itinerary monitoring devices and cameras installed in vehicles, the steering system, wheels, brake system; light and horn system; information displayed in vehicles.

The person directly operating transport activities of an enterprise or cooperative or an officer in charge of management of a transport business unit shall check the driver's licenses; certificates of technical safety and environmental protection inspection; vehicle registration certificate, etc. Also, to notify to the driver about customers’ transport requirements and contents to be noticed for traffic safety assurance (if any). Testing the alcohol concentration and narcotics for the driver can be performed if units are equipped with testing devices and equipment.

This Circular takes effect on July 15, 2020.

A PRIVATE LIBRARY PROVIDING PUBLIC LIBRARY SERVICES
MUST HAVE AT LEAST 2,000 BOOKS

On August 18, 2020, the Government issues the Decree No. 93/2020/ND-CP detailing a number of articles of the Law on Libraries.

Specifically, a private library providing public library services must have at least 2,000 books (including digital documents); have area and infrastructure facilitate preservation of information resources, and library facilities with reading spaces of at least 25 m² for library users; librarians must possess an upper secondary or higher degree; at least 1 librarian possesses librarianship qualifications, etc.

Additionally, criteria for determination of an important state-funded library prioritized for investment by the State include: At least 6,000 people register to use the library, borrow information resources, or use electronic and digital documents at the library, outside the library and online; at least 1,000,000 turns of people visit the library and access its website;

At least 80% of library professional activities and library services have applied science and technology; the library has established its portal or website; and organized its online public access catalog (OPAC); at least 30% of library services are provided online, etc.

Besides, a private library showing a sign of violation shall be suspended operation for a definite term based on the severity of the violation. At least 15 working days before the expiration of the operation suspension period, the library subject to operation suspension shall report on remediation of its violation to the issuer of the suspension decision. Upon the expiration of the operation suspension period, if the library subject to operation suspension fails to report on the remediation of its violations, the suspension decision issuer shall issue a decision on termination of operation of the library.

This Decree takes effect on October 05, 2020.

FROM NOVEMBER 15, A DEPARTMENT MAY BE ESTABLISHED
WHEN HAVING A WORKLOAD THAT REQUIRES AT LEAST 15 OFFICERS

This new content is prescribed in the Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 01, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies.

Accordingly, a department may be established when having a workload that requires the allocation of at least 15 civil servant payroll positions. Besides, the Government also allows to establish a division under a bureau/agency/authority of a ministry when having a workload that requires the allocation of at least 7 civil servant payroll positions; a division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry when having a workload that requires the allocation of at least 5 civil servant payroll positions.

In addition, a division under a bureau/agency/authority of a ministry having between 7 and 9 civil servant payroll positions may have 1 deputy head; that having between 10 and 15 civil servant payroll positions

may have no more than 2 deputy heads; and that having 16 or more civil servant positions may have no more than 3 deputy heads. Concurrently, a division under a sub-bureau/sub-agency/sub-authority of a bureau/agency/authority of a ministry having between 5 and 7 civil servant payroll positions may have 1 deputy head; and that having 8 or more civil servant payroll positions may have no more than 2 deputy heads.

Noticeably, in the course of reorganizing their structures, merged or consolidated organizations and units may have the number of deputy heads larger than prescribed, provided that when a deputy head retires or is transferred to another working position, such organizations and units may not add their deputy heads and shall take solutions to adjust and rearrange the excessive number of deputy heads so that within 3 years from the date of merger or consolidation, such organizations and units have the number of deputy heads in compliance with law.

This Decree takes effect on November 15, 2020.