Legal Document Updates in English (06/2022)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

10/2022/ND-CP

Decree No. 10/2022/ND-CP dated January 15, 2022 of the Government on registration fee

 

Registration fee rate applicable to battery electric cars is 0% in 3 years from March 01, 2022

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

01/2022/TT-NHNN

Circular No. 01/2022/TT-NHNN dated January 28, 2022 of the State Bank of Vietnam amending and supplementing a number of articles of the Circular No. 21/2013/TT-NHNN dated September 9, 2013 of the Governor of the State Bank of Vietnam, providing for the operational network of commercial banks

 

Commercial banks must disclose information within 7 working days before inaugurating transaction offices

Page 2

NATURAL RESOURCES - ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

3

01/2022/QD-TTg

Decision No. 01/2022/QD-TTg dated January 18, 2022 of the Prime Minister on promulgating the list of sectors, greenhouse gas-emitting establishments subject to greenhouse gas inventory

 

List of sectors subject to greenhouse gas inventory

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

4

465/BVHTTDL-TCDL

Official Dispatch No. 465/BVHTTDL-TCDL dated February 17, 2022 of the Ministry of Culture, Sports and Tourism on providing guidance on piloting welcoming international tourists to Vietnam in the second phase

 

Requirements for tourists to Vietnam until March 14, 2022

Page 3

CULTURE – SPORT – TOURISM

 

CULTURE – SPORT – TOURISM

5

43/TB-VPCP

Notice No. 43/TB-VPCP dated February 16, 2022 of the Government Office on Deputy Prime Minister Vu Duc Dam's conclusion at the meeting on the plan for resumption of tourism

 

Resume tourism from March 15, 2022

Page 3

POLICY

 

POLICY

6

167/QD-TTg

Decision No. 167/QD-TTg dated February 08, 2022 of the Prime Minister approving the 2022-2025 Program on support for private enterprises in sustainable business

 

Raise the average labor productivity to around 7%/year by 2025

Page 3

JUSTICE

 

JUSTICE

7

02/2022/TT-BTP

Circular No. 02/2022/TT-BTP dated February 08, 2022 of the Ministry of Justice providing guidance on selection of property auction organizations

 

6 criteria for selection of property auction organizations

Page 4

 

SUMMARY:

 

Ü TAX – FEE – CHARGE

REGISTRATION FEE RATE APPLICABLE TO BATTERY ELECTRIC CARS IS 0%
IN 3 YEARS FROM MARCH 01, 2022

This is a highlight content in the Decree No. 10/2022/ND-CP on registration fee promulgated by the Government on January 15, 2022.

Specifically, to add the registration fee rates (%) applicable to battery electric cars as follows: Within 3 years from March 01, 2022, the first-time registration fee rate is 0%; within the subsequent 2 years, the first-time registration fee rate shall be equal to 50% of the rate applicable to cars operated by gasoline or diesel with the same number of seats.

Also in accordance with this Decree, registration fee rates (%) for many types of properties will remain at current levels. For ships, including badges, motor boats, tug ships, push ships, submarines, submersibles; boats, including yachts; aircraft, the rate is 1%. For hunting rifles and guns used to

 

exercise and play sports; land and houses; motorcycles, the rates shall be 2%; 0.5% and 2%, respectively.

Besides, the General Department of Taxation shall digitally sign electronic data on registration fee payment via the State Treasury, commercial banks or intermediary payment service-providing organizations and post such data on the National Public Service Portal. Such data may be used instead of paper documents for traffic police agencies, natural resources and environment agencies and other competent state agencies to access and exploit for handling administrative procedures related to registration of property ownership or use rights.

The Decree takes effect on March 01, 2022.

Ü FINANCE – BANKING

COMMERCIAL BANKS MUST DISCLOSE INFORMATION
WITHIN 7 WORKING DAYS BEFORE INAUGURATING TRANSACTION OFFICES

This highlight content is prescribed by the State Bank of Vietnam in the Circular No. 01/2022/TT-NHNN dated January 28, 2022, amending and supplementing a number of articles of the Circular No. 21/2013/TT-NHNN dated September 9, 2013 of the Governor of the State Bank of Vietnam, providing for the operational network of commercial banks.

Specifically, commercial banks shall inaugurate the operation of domestic branches, transaction offices after satisfying the requirements, completing the procedures for branch operation registration (for branches) or notifying the establishment of business locations (for transaction offices) in accordance with the provisions of law.

 

Within 7 working days before the expected date of inaugurating the domestic branch or transaction office specified in this Article, the commercial bank must disclose information on its e-portal and the State Bank’s e-portal, a daily newspaper in 3 consecutive issues or an electronic newspaper of Vietnam.

Besides, the commercial bank shall decide on a change of the name of a domestic branch or transaction office; within 5 working days after the domestic branch or transaction office operates under the new name, it must send a written report on this change to the State Bank branch of the locality where the domestic branch or transaction office is located.

This Circular takes effect on March 15, 2022.

Ü NATURAL RESOURCES - ENVIRONMENT

LIST OF SECTORS SUBJECT TO GREENHOUSE GAS INVENTORY

On January 18, 2022, the Prime Minister issues the Decision No. 01/2022/QD-TTg on promulgating the list of sectors, greenhouse gas-emitting establishments subject to greenhouse gas inventory.

Accordingly, 5 lists of sectors, greenhouse gas-emitting establishments subject to greenhouse gas inventory are issued, including: The list of sectors subject to greenhouse gas inventory; The list of greenhouse gas-emitting establishments subject to greenhouse gas inventory in the industry and trade sector, transport sector; construction sector, natural resources and environment sector.

 

Greenhouse gas-emitting establishments subject to greenhouse gas inventory must proactively provide relevant information and send it to the Ministry of Natural Resources and Environment for reviewing total energy consumption and operating capacity; summarizing and reporting to the Prime Minister for consideration and decision on the adjustment and update to the list.

This Decision takes effect on the signing date.

Ü MEDICAL – HEALTH

REQUIREMENTS FOR TOURISTS TO VIETNAM UNTIL MARCH 14, 2022

The Ministry of Culture, Sports and Tourism promulgates the Official Dispatch No. 465/BVHTTDL-TCDL on providing guidance on piloting welcoming international tourists to Vietnam in the second phase on February 17, 2022.

In accordance with this Official Dispatch, foreigners, overseas Vietnamese, and Vietnamese citizens traveling by charter flights or regular international commercial flights in the period until March 14, 2022 are allowed to participate in the Program for piloting welcoming international tourists if satisfying the following requirements:

- Participating in the tours of the selected international tourism enterprises;

- Having a certificate of full COVID-19 vaccination recognized by a Vietnam-based competent agency, with the last dose given within 14 days and not more than 12 months from the date of exiting the country. Or obtaining a certificate of recovery from COVID-19 or equivalent paper proving the recovery from COVID-19 which is granted by the competent agency of the country where the treatment is provided, and recognized by Vietnam. The duration from hospital discharge to the date of exit must not exceed 6 months;

 

- Having a negative SARS-CoV-2 test result (by RT-PCR/RT-LAMP method) within 72 hours before exiting the country which is certified by the competent agency of the country where the test is conducted (except children under 2 years old);

- Having health insurance or travel insurance that covers COVID-19 treatment with the minimum liability of 20,000 USD;

- Fully meeting conditions for exit and entry in accordance with Vietnam's law on entry and exit; etc.

In addition, unvaccinated tourists who are under 18 years old, aged 65 years or more, pregnant women or persons with underlying medical conditions (without being monitored or treated at health establishments), or those who have not received full doses of COVID-19 vaccines are allowed to enter Vietnam, provided that they accompany their parents, legal guardians or caregivers who are fully vaccinated or have recovered from COVID-19; and must strictly comply with testing requirements and regulations on COVID-19 prevention and control.

Ü CULTURE – SPORT – TOURISM

RESUME TOURISM FROM MARCH 15, 2022

The Notice No. 43/TB-VPCP on Deputy Prime Minister Vu Duc Dam's conclusion at the meeting on the plan for resumption of tourism is issued on February 16, 2022 by the Government Office.

Accordingly, the Deputy Prime Minister agrees with the Ministry of Culture, Sports and Tourism's proposal and opinions from ministries and agencies attending the meeting on reopening tourism in the new normal according to directions of the Government and Prime Minister on “flexible

 

and safe adaptation to, and effective control over the COVID-19 pandemic” from March 15, 2022.

The Ministry of Culture, Sports and Tourism is requested to assume the prime responsibility for, and coordinate with relevant ministries and agencies in, providing consistent content and regulations on welcoming international tourists; complete and urgently announce the plan on resumption of tourism, urgently report in detail to the Government and the Prime Minister on the visa policy applicable to international tourists entering Vietnam.

Ü POLICY

RAISE THE AVERAGE LABOR PRODUCTIVITY TO AROUND 7%/YEAR BY 2025

On February 08, 2022, the Prime Minister promulgates the Decision No. 167/QD-TTg approving the 2022-2025 Program on support for private enterprises in sustainable business.

Accordingly, specific objectives to 2025 include: Supporting the development of at least 10 instruments and solutions for measurement, assessment and recognition of sustainable business enterprises; thereby giving support to about 10,000 private enterprises for sustainable business; contributing to the achievement of energy consumption saving level of 5.0%- 7.0% of the total national energy consumption; raising the average labor productivity to around 7%/year; Attracting lawful resources, especially from enterprise community for materialization of initiatives towards sustainable business, etc.

 

Activities of the Program include: Compiling documents, disseminating information and communications via mass media, social networks in order to raise the awareness of society and enterprise community about sustainable business; Organizing refresher courses to raise the awareness and qualification of the contingent of cadres, civil servants and public employees involving in sustainable business support and management activities, etc. Funds for implementation of the Program include: Contributed or donated funds and other lawful financial sources of organizations, individuals and enterprises participating in the Program, domestic and foreign investment funds for implementation of the Program, etc.

This Decision takes effect after its signing.

Ü JUSTICE

6 CRITERIA FOR SELECTION OF PROPERTY AUCTION ORGANIZATIONS

On February 08, 2022, the Ministry of Justice issues the Circular No. 02/2022/TT-BTP providing guidance on selection of property auction organizations.

Specifically, 6 criteria for selection of property auction organizations include: Criteria of having physical foundations and equipment necessary for property auction; Criteria of having feasible and effective auction plan; Criteria of having capacity, experience and prestige; Criteria of having appropriate auction remuneration and auction expenses; Being on the Ministry of Justice-publicized list of property auction organizations, etc.

Besides, within 12 months from the date of dossier submission, if the property auction organization falls into one

 

of the following cases, the following procedures shall be followed:

Firstly, if an auctioneer of the organization is administratively sanctioned for violating regulations on property auction activities, such property auction organization shall be deducted 5% of total score for each auctioneer sanctioned for administrative violations.

Secondly, the property auction organization failing to disclose information of the property auction on the National web portal on property auction as announced by the competent authorities shall be deducted 20% of total score, etc.

This Circular takes effect on March 25, 2022.

 

 

 

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