Legal Document Updates in English (07/2022)

NEW REGULATIONS ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS
ON CONSTRUCTION WORK COMMENCEMENT

The Decree No. 16/2022/ND-CP on sanctioning of administrative violations related to construction is promulgated by the Government on January 28, 2022.

According to the Decree, a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts of violations: Failing to send a written notice of the commencement date (enclosed with copies of construction permits and construction design dossiers) to competent agencies; Failing to notify or notifying competent agencies of the commencement date later than the prescribed deadline, or sending a notification without construction design dossiers enclosed as regulated in case of exemption from construction permit; etc.

Except the construction of single-detached houses, the act of commencing the construction work but failing to satisfy one of the requirements, including the availability of the

construction site for entire or partial transfer according to the project schedule; the construction contract signed between the project owner and the contractor; measures to ensure safety and environmental protection in the execution of construction shall be imposed a fine ranging from VND 30,000,000 to VND 50,000,000.

Besides, remedial measures applicable to the above acts of violations include: Forcible handover of construction site according to the project schedule; forcible signing of a construction contract between the project owner and the contractor; forcible preparation of measures to ensure safety and environmental protection during construction for the violations.

This Decree takes effect from the signing date.

ADD PROVISIONS ON MANAGEMENT OF PRODUCT AND GOODS TRACEABILITY

On January 21, 2022, the Government issues the Decree No. 13/2022/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018, detailing the implementation of a number of articles of the Law on Product and Goods Quality and the Government’s Decree No. 86/2012/ND-CP dated October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Metrology.

Accordingly, the state management of product and goods traceability is prescribed as follows: The Ministry of Science and Technology shall provide guidance on improving

technical capacity for product and goods traceability activities; prescribe the system of product and goods traceability to ensure data connection and sharing; manage the use of product trace codes, location trace codes and data carriers, etc.

Besides, provincial-level People’s Committees shall coordinate with the line ministries in applying the implementation of product and goods traceability activities in their localities. Based on manageable needs, line ministries shall identify products and goods to be traced for origin and announce them publicly on the line ministries’ e-portals.

This Decree takes effect from March 15, 2022.

THE NEWEST PRICES FOR SARS-COV-2 TESTING SERVICES

On February 18, 2022, the Ministry of Health promulgates the Circular No. 02/2022/TT-BYT prescribing prices for SARS-CoV-2 testing services.

Accordingly, for SARS-CoV-2 rapid antigen test with single sample, the maximum payment for service price, including direct costs and costs for salary payment plus costs for biological products used for SARS-CoV-2 testing is VND 78,000/test (instead of VND 109,700 as regulated before). For testing for SARS-CoV-2 by automated or semi-automated immunoassay analyzers for single sample, the maximum payment is VND 178,900/test (VND 186,600/test before).

In case of testing for SARS-CoV-2 by Real-time RT-PCR technique with single sample testing, the maximum service

price payment is VND 501,800/test (instead of VND 518,400 as regulated before). The maximum testing prices for testing for SARS-CoV-2 by Real-time RT-PCR technique for pooled sample testing with 2, 3, 4 and 5 samples per pool at the place of taking samples are VND 223,300; VND 175,100; VND 151,000 and VND 136,600 per test, respectively.

Besides, the maximum testing prices for SARS-CoV-2 by Real-time RT-PCR technique for pooled sample testing with 2, 3, 4 and 5 samples per pool at a laboratory are VND 257,000; VND 208,800; VND 184,700 and VND 170,300 per test, respectively.

This Circular takes effect on February 21, 2022.

FULLY VACCINATED F1 CASES SHALL ONLY BE SUBJECT TO 5-DAY HOME QUARANTINE

This highlight content is prescribed by the Ministry of Health in the Official Dispatch No. 762/BYT-DP dated February 21, 2022, regarding medical isolation for COVID-19 cases and quarantine for close contacts.

Specifically, persons who have received at least 2 doses of COVID-19 vaccines, with the last dose given within 14 days, or have recovered from COVID-19 within 3 months up to the time such persons are identified F1 cases, shall be subject to 5-day quarantine at home, places of residence or other areas eligible for quarantine from the last date of exposure; be undergone SARS-CoV-2 tests with PCR or antigen method that are carried out by health staff or themselves under the health staff's direct supervision or indirect supervision through remote devices, on the 5^th day.

If the result is negative, F1 cases shall continue to monitor their health for the next 5 days, and strictly

comply with the 5K Message. Any abnormal symptoms related to health (such as fever; cough; sore throat; stuffy or runny nose; myalgia, fatigue, chills; reduction or loss of taste or smell; headache; diarrhoea; dyspnoea; acute respiratory infection) should be reported to the health agencies for monitoring, testing and handling according to regulations.

Unvaccinated persons or those who have not received full doses of COVID-19 vaccines shall be subject to 7-day quarantine at home, places of residence or other areas eligible for quarantine from the last date of exposure; be undergone SARS-CoV-2 tests with PCR or antigen method that are carried out by health staff or themselves under the health staff's direct supervision or indirect supervision through remote devices, on the 7^th day, etc.

INTERNATIONAL TOURISTS ENTERING VIETNAM
MUST HAVE A HEALTH INSURANCE WITH THE MINIMUM LIABILITY OF 20,000 USD

The Official Dispatch No. 414/BVHTTDL-TCDL on receiving comments for the Draft Plan and Proposal for resumption of tourism is promulgated by the Ministry of Culture, Sports and Tourism on February 11, 2022.

According to the Draft Plan and Proposal, until March 14, 2022, international tourists entering Vietnam must participate the package tours of the selected international tourism enterprises, service providers within the first three or seven days; have a certificate of full COVID-19 vaccination as regulated or obtain a certificate of recovery from COVID-19 or equivalent papers as specified. The duration from hospital discharge to the date of exit must not exceed 6 months.

Also, international tourists must have a health insurance or travel insurance that covers COVID-19 treatment with the minimum liability of 20,000 USD; have 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); and fully meet conditions for exit and entry.

Besides, unvaccinated tourists who are under 18 years old, aged 65 years or more, pregnant women or persons with underlying medical condition, or those who have not received full doses of COVID-19 vaccines are allowed to enter Vietnam, provided that they accompany with 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 according to regulations.