Legal Document Updates in English (08/2022)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

13/2022/TT-BTC

Circular No. 13/2022/TT-BTC dated February 28, 2022 of the Ministry of Finance detailing a number of articles of the Government's Decree No. 10/2022/ND-CP dated January 15, 2022, on registration fee

 

Registration fee rate from the second time on for motorcycles is 1%

Page 2

LABOR - SALARY

 

LABOR - SALARY

2

19/NQ-CP

Resolution No. 19/NQ-CP dated February 16, 2022 of the Government promulgating the National Program on Occupational Safety and Health for the 2021-2025 period

 

By 2025, over 80% of people suffering occupational accidents will receive compensations

Page 2

ACCOUNT - AUDIT

 

ACCOUNT - AUDIT

3

206/QD-BTC

Decision No. 206/QD-BTC dated February 24, 2022 of the Ministry of Finance on application of e-invoices in 57 provinces and centrally-run cities

 

From April, 2022, apply e-invoices in 57 provinces and centrally-run cities

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

4

05/2022/TT-BCT

Circular No. 05/2022/TT-BCT dated February 18, 2022 of the Ministry of Industry and Trade providing the Rules of Origin within the framework of the Regional Comprehensive Economic Partnership

 

Rules of Origin within the framework of the RCEP

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

5

151/SYT-NVY

Official Dispatch No. 151/SYT-NVY dated January 06, 2022 of the Department of Health of Ho Chi Minh City on updating the “Guidance on medical bags for COVID-19 patients undergoing treatment at home” (Version 1.7)

 

Molnupiravir and Favipiravir should not be used for women planning to become pregnant

Page 3

CULTURE – SPORT – TOURISM

 

CULTURE – SPORT – TOURISM

6

920/BYT-DP

Official Dispatch No. 920/BYT-DP dated February 26, 2022 of the Ministry of Health on giving comments on the Draft Plan for resumption of tourism in the new normal

 

Not require COVID-19 test for tourists under 2 years old traveling to Vietnam

Page 3

INDUSTRY

 

INDUSTRY

7

131/QD-BCT

Decision No. 131/QD-BCT dated January 28, 2022 of the Ministry of Industry and Trade on promulgating the avoidable cost tariff in 2022

 

Avoidable cost tariff in 2022

Page 4

 

SUMMARY:

 

Ü TAX – FEE – CHARGE

REGISTRATION FEE RATE FROM THE SECOND TIME ON FOR MOTORCYCLES IS 1%

This provision is prescribed by the Ministry of Finance in the Circular No. 13/2022/TT-BTC dated February 28, 2022, detailing a number of articles of the Government's Decree No. 10/2022/ND-CP dated January 15, 2022, on registration fee.

Specifically, registration fee rate applicable to motorcycles of organizations and individuals in centrally-run cities, provincial cities, and towns in which provincial-level People’s Committees are headquartered is 5% for first-time payment of registration fee. Registration fee from the second time on for motorcycles shall be paid at the rate of 1%.

In case motorcycles whose owners declared and paid registration fee at 2% then transfer their motorcycles to organizations or individuals in centrally-run cities, provincial cities, and towns in which provincial-level People’s Committees are headquartered, registration fee shall be paid

 

at 5%. In case motorcycle owners paid registration fee at 5%, registration fee for the subsequent transfers shall be paid at 1%.

Noticeably, the Circular also provides guidance on determining registration fee calculation prices for houses. In which, the registration fee calculation prices for condominiums exclude expenses for maintenance of sections under common ownership in the condominiums. If the expenses for maintenance of sections under common ownership in the condominium are not separated in the house purchase and sale contract and invoice, the registration fee calculation prices shall be the total house purchase prices stated in the invoice or contract.

This Circular takes effect on March 01, 2022.

Ü LABOR - SALARY

BY 2025, OVER 80% OF PEOPLE SUFFERING OCCUPATIONAL ACCIDENTS
WILL RECEIVE COMPENSATIONS

On February 16, 2022, the Government issues the Resolution No. 19/NQ-CP promulgating the National Program on Occupational Safety and Health for the 2021-2025 period.

Accordingly, specific targets by 2025 of the Program are follows: To annually reduce by 4% the number of fatal occupational accidents; To annually increase by 5% the number of laborers receiving occupational health checks; Over 80% of people suffering occupational accidents or diseases will receive compensations and allowances as provided by law; All fatal occupational accidents will be reported, investigated and handled, etc.

 

Besides, the Program also sets out key tasks and solutions to implement the Program, including: Improving the system of policies and laws and raising the capacity to inspect, examine and supervise, and provide public services of, occupational safety and health; Intensifying provision of information, public communication and training to improve awareness about occupational safety and health; Intensifying research, and provision of consultations and support for improvement of working conditions and prevention and control of occupational accidents and diseases.

This Resolution takes effect from the signing date.

Ü ACCOUNT - AUDIT

FROM APRIL, 2022, APPLY E-INVOICES
IN 57 PROVINCES AND CENTRALLY-RUN CITIES

This content is defined in the Decision No. 206/QD-BTC dated February 24, 2022 of the Ministry of Finance on application of e-invoices in 57 provinces and centrally-run cities.

According to this Decision, from April, 2022, implementing the application of e-invoices for enterprises, economic organizations, business households and individuals in 57 provinces and centrally-run cities (except for a number of cases ineligible as prescribed) such as An Giang; Ba Ria - Vung Tau; Bac Giang; Bac Kan; Bac Lieu; Thai Binh; Thai Nguyen; Thanh Hoa; Thua Thien Hue; etc.

Additionally, Tax Departments of 57 provinces and cities shall be responsible for reporting to People's Committees of

 

their respective provinces and cities to establish Steering Committees for the application of e-invoices in the localities mentioned in this Decision that are headed by the leaders of the provinces and cities and have members being representatives of leaders of the Tax Departments and relevant departments, agencies and sectors.

Also, reviewing and classifying taxpayers being enterprises, economic organizations, business households and individuals in the locality who are users of e-invoices as regulated to notify each unit of implementation contents right from the first date of implementation; etc.

This Decision takes effect on the signing date.

Ü EXPORT – IMPORT

RULES OF ORIGIN WITHIN THE FRAMEWORK OF THE RCEP

The Ministry of Industry and Trade issues the Circular No. 05/2022/TT-BCT, providing the Rules of Origin within the framework of the Regional Comprehensive Economic Partnership (RCEP) on February 18, 2022.

Accordingly, for preferential tariff treatment, the importer shall submit a valid proof of origin to the customs authority of the importing Party. Goods originating in the exporting Party with a customs value not exceeding 200 USD or the equivalent amount or higher in the importing Party’s currency shall not be required a proof of origin, provided that the importation is not a consecutive sequence or the consignment is not intentionally subdivided for the purpose of evading the submission of the proof of origin to the competent authority

Also in accordance with this Circular, packaging materials and containers for transportation purposes shall not be taken into account in determining the originating status of any

 

good. In case a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is packaged for retail sale shall be taken into account as originating materials or non-originating materials of the good, as the case may be, in calculating the regional value content of the good, etc.

Besides, in order to verify the origin of imported goods, competent authorities of an importing Party may conduct an inspection or a verification of origin of imports by one or more of the following forms: Sending a written request to the importer for more information; Sending a written request to the exporter or producer for more information; Sending a written request to the C/O issuing authority or organization or the competent authority of the exporting Party for more information, etc.

This Circular takes effect on April 04, 2022.

Ü MEDICAL – HEALTH

MOLNUPIRAVIR AND FAVIPIRAVIR SHOULD NOT BE USED
FOR WOMEN PLANNING TO BECOME PREGNANT

The Official Dispatch No. 151/SYT-NVY on updating the “Guidance on medical bags for COVID-19 patients undergoing treatment at home” (Version 1.7) is promulgated by the Department of Health of Ho Chi Minh City on January 06, 2022.

Specifically, COVID-19 patients undergoing treatment at home must fully meet 2 clinical criteria. Firstly, having asymptomatic or mild symptoms (without respiratory distress: SpO2 ≥ 97% when breathing air, respiratory rate ≤ 20 breaths per minute). Secondly, being from 3 months to 64 years old, without underlying medical conditions, pregnancy, or obesity, having received full doses of vaccines; those who do not fully satisfy the above-mentioned conditions may be quarantined at home, provided that they have a stable underlying medical condition, don't have any abnormal symptoms, have received full doses of COVID-19 vaccines

 

or have received the first dose of COVID-19 vaccine for 14 days and wish to be quarantined at home.

Drugs for COVID-19 treatment at home include 3 bags (A, B, C): The bag A includes common drugs such as antipyretics drugs and supplements; The bag B includes anti-inflammatories and anticoagulants; The bag C includes an antiviral drug used under the Ministry of Health's Program on the controlled use of Molnupiravir in the community for COVID-19 patients with mild symptoms.

Remarkably, Molnupiravir should not be used for women who are pregnant or plan to become pregnant or breastfeeding. Favipiravir should not be used for those who are pregnant or plan to become pregnant, breastfeeding, have severe liver or kidney failure.

Ü CULTURE – SPORT – TOURISM

NOT REQUIRE COVID-19 TEST
FOR TOURISTS UNDER 2 YEARS OLD TRAVELING TO VIETNAM

This highlight content is prescribed by the Ministry of Health in the Official Dispatch No. 920/BYT-DP dated February 26, 2022, on giving comments on the Draft Plan for resumption of tourism in the new normal.

Specifically, tourists entering Vietnam who are children under 2 years old shall not be subject to test and are allowed to participate in outdoor activities with their parents or relatives (those who meet the prescribed requirements), regardless they are vaccinated or have never been infected with SARS-CoV-2.

Tourists who are persons aged 65 years or more, pregnant women, or persons with underlying medical conditions (without being monitored or treated at health establishments) shall be subject to travel restrictions until the new recommendations are given; and must receive full doses of COVID-19 vaccines before entering Vietnam.

Also in accordance with this Official Dispatch, tourists aged 12 years or more must have received full doses of COVID-19 vaccines, with the last dose given within 14 days and not more than 6 months up to the date of entry, or have been infected with SARS-CoV-2;

 

have a negative SARS-CoV-2 test result (by RT-PCR/RT-LAMP method) within 72 hours before entering Vietnam which is certified by the competent authority of the country where the test is conducted.

Within the first 24 hours (after entering Vietnam), tourists must stay at their places of residence (without leaving there), and conduct tests for SARS-CoV-2. After 24 hours, in case of having to leave the places of residence, tourists must conduct a test for SARS-CoV-2 (rapid antigen or PCR test) on a daily basis and have a negative test result within 72 hours (before leaving their places of residence), at the same time, continue to strictly self-monitor their health until the end of the 10th day, and regularly comply with the 5K rules. Tourists who do not leave their places of residence within 72 hours (after entering Vietnam) shall only have to conduct tests for SARS-CoV-2 twice (one on the first date of entry and the second on the third date of entry). If the test results are both negative, tourists may leave their places of residence after 72 hours from the time of entering Vietnam, however, they still have to strictly self-monitor their health until the end of the 10th day and regularly comply with the 5K rules.

Ü INDUSTRY

AVOIDABLE COST TARIFF IN 2022

On January 28, 2022, the Ministry of Industry and Trade issues the Decision No. 131/QD-BCT on promulgating the avoidable cost tariff in 2022.

Accordingly, the electrical energy costs in the North; Central and the South on peak hours at dry season are VND 726/kWh; VND 720/kWh and VND 749/kWh, respectively. The electrical energy costs in the above-mentioned areas on peak hours at rainy season are VND 703/kWh; VND 707/kWh and VND 727/kWh, respectively. Capacity cost for all three regions is VND 1,932/kWh.

 

The avoidable cost tariff is not inclusive of water resource taxes, forest environment service fee, charge for granting water exploitation right and value-added taxes. The Buyer shall be responsible for paying the Seller the water resource taxes, forest environment service fee, charge for granting water exploitation right and value-added taxes.

This avoidable cost tariff takes effect from January 01, 2022 to December 31, 2022.

 

 

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