Legal Document Updates in English (09/2020)

TOTAL EXPENSES FOR THE SUPERVISION CONSULTANCY
 MUST NOT EXCEED THE NORMS OF CONSTRUCTION SUPERVISION EXPENSES
 

This content is prescribed in the Circular No. 02/2020/TT-BTC dated January 06, 2020 on providing guidance on the use of funds related to the dredging operations within seaport water under the management of the Ministry of Transport in combination with product recall of the Ministry of Finance.

Accordingly, the investor selected to execute the project shall pay the expenses for the activities of investment preparation and project implementation. After selecting the independent consultant to supervision the implementation of the project contract, the investor, supervision consultancy agency and the Vietnam Maritime Administration shall enter into the contract of 03 Parties to deploy and perform.

TO RAISE THE APPRAISAL FEES OF MANY LICENSES
 IN THE MEDICAL SECTOR FROM APRIL 06
 

On February 20, 2020, the Ministry of Finance issues the Circular No. 11/2020/TT-BTC on amending and supplementing a number of Articles of the Circular No. 278/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on providing for fees in medical sector, and the collection, payment, management and use thereof.

Accordingly, to raise the fee for processing applications for license to conduct experiments on insecticidal and germicidal chemicals and preparations for household and medical use from VND 02 million to VND 3.5 million/application. In addition, fee for processing new applications for sale registration certificates of insecticidal and germicidal chemicals and preparations for household and medical use raises from VND 8 million to VND 11 million/application

Specially, fee for processing applications for certificate of advertising contents for insecticidal and germicidal chemicals and preparations for household and medical use reduces from VND 1 million to VND 600,000.

Some fees do not change, to be specific: Fee for verifying the eligibility for Certificate of Free Sale of insecticidal and germicidal chemicals and preparations for household and medical use is VND 2 million/time; Fee for processing applications for license to import insecticidal and germicidal preparations for household and medical use is VND 2 million/application; Fee for the declaration of eligibility to produce preparations, to conduct testing/ experiment for/ on preparations, or to provide preparations-used insecticidal and germicidal service is VND 300,000/application.

This Circular takes effect on April 06, 2020.

MEDICAL MASKS ARE ONLY EXPORTED
 FOR THE PURPOSE OF AID
 

The Government issues the Resolution No. 20/NQ-CP on February 28, 2020 on applying the regime of grant of export license for medical masks in the period of prevention and control of COV-19 epidemic.

Accordingly, the Government requests the Ministry of Health to apply the regime of grant of export license for medical masks in the period of prevention and control of COV-19 epidemic. Medical masks are only exported for the purposes of international support and aid which are performed by the

Government of Vietnam (maximum of 25% of the quantity is for the purpose of export, the 75% remain is for the works of prevention and control of epidemics within our country).

This Resolution shall not apply to the export activities of processing enterprises which have already been granted certificates of investment and enterprises processing medical masks for foreign traders under the processing contracts signed before March 01, 2020.

 
INSPECTING CYCLE OF CARS IMPORTED FROM COUNTRIES
APPLYING SELF-CERTIFICATION SYSTEM IS 36 MONTHS
 

Accordingly, the Ministry of Transport amends and supplements provisions on inspection and testing of samples of automobile in Clause 2, Article 5 of the Circular No. 03/2018/TT-BGTVT. Specifically, the inspecting and testing cycle of automobiles imported from countries applying certification system according to type and self-certification system is 36 months. Contents of inspection include: The

consistency of the contents of ex-works quality inspection sheets of actual automobiles of the same type in the lot; the status of chassis and engine numbers of each automobile in the imported lot of automobiles; to take on a random basis the sample automobile...

In case a lot of imported automobiles is not subject to the testing method of sampling, the inspection shall be performed according to the method of probability. Contents of inspection of this method are similar to the above method. This testing may be replaced by the testing and comparison of the structures of the sample automobiles with those tested via the manufactures’ software by the reporting units.

This Circular takes effect on April 15, 2020. 

TO ADJUSTED GENERAL MASTER PLAN
ON CONSTRUCTION OF VAN DON ECONOMIC ZONE
 

On February 17, 2020, the Prime Minister issues the Decision No. 266/QD-TTg on approving the adjusted general master plan on construction of Van Don economic zone through 2040.

Accordingly, the scale of the master plan shall cover the natural area of Van Don district on around 2,171.33km2, of which the natural land area is 581.83km2 and sea area, 1,589.5km2.

Forecasts about population size and land that by 2040, the population of Van Don will be 300,000-500,000 (including 180,000-300,000 permanent residents and 120,000-200,000 converted permanent residents). The land area to be used

for construction of functional sub-zones will be around 12,050ha.

The spatial development structure of Van Don economic zone will be divided into 2 sub-zones, namely Cai Bau island and Van Hai archipelago, embracing 5 development belts which are: Belt reserved for high-grade eco-convalescence activities; Belt for eco-tourism associated with protection of natural heritages; Belt for service, culture and recreation urban centers (east of Cai Bau island); Belt for service, hi-tech industrial trade and logistics services (west of Cai Bau island); and Belt reserved for expansion of the western area (within the boundaries of Cam Pha city and Tien Yen district).

This Decision takes effect on the signing date.

BY 2025, THERE ARE LEAST 1 TO 2 VIETNAM’S COMMERCIAL BANKS
 BEING AMONG 100 BIGGEST BANKS IN ASIA
 

On February 19, 2020, the Prime Minister issues the Decision No. 283/QD-TTg on approving the Scheme for the 2020 Plan to restructure the service industry with orientations towards 2025.

Accordingly, the Prime Minister sets goals for 2020. To be specific: Commercial banks will basically acquire self-capital level under Basel II standards, with at least 12 - 15 commercial banks applying Basel II by standard methods; with at least 1 to 2 commercial banks being among 100 biggest banks (in total assets) in Asia. By 2025, the total cash amount on total payment will be under 8%; the bad debt rate of the entire credit institution system will be under 3%...

Regarding to the labor domain, the Prime Minister also sets the targets that the proportion of trained service employees with certificates will approximate 25% by 2020, which will be about 30- 35% by 2025. By 2025, the vocational training will be annually given to about 4.6 million people on average, at least 85% of the trainees will be employed or earn higher productivity and incomes after training; concurrently to raise the educational quality in accordance with the objectives of the program and textbook renewal and industrial revolution 4.0.

This Decision takes effects on the signing date.

PEOPLE WITH NEGATIVE TEST RESULTS
WITH NCOV SHALL BE ISOLATED FOR 14 DAYS
 

On February 07, 2020, the Ministry of Health issues the Decision No. 344/QD-BYT on promulgating “the Guidance on the health quarantine at quarantine establishments for the prevention and control of the acute pneumonia caused by new a strain of Coronavirus (nCoV)”.

Accordingly, quarantined people with positive test results shall be transferred to medical establishments for the management, treatment and quarantine; people with negative test results shall be monitored at home and at their places of residence until reaching 14 days. Quarantined people shall be responsible for measuring their body temperature at least 2 times (morning, afternoon) a day and recording into the tracking form. Used face masks, tissues of the quarantined people must be separately dispose into

waste bins for infectious wastes and such bins must have caps.

Quarantine subjects include: People coming from or traveling across Hubei Province, China who enter Viet Nam within 14 days, from the date of entry; Vietnamese people coming from or traveling across China (except for Hubei Province) who return to Viet Nam within 14 days, from the date of entry. Quarantine areas for people coming from or traveling across Hubei Province, China who enter Viet Nam must be arranged separately from the quarantine areas of other subjects. Quarantine period is 14 days, starting from the date of entry.

This Decision takes effect on the signing date.

ROM APRIL 20, THE SELLING PRICE
FOR A BIDDING DOSSIER MUST NOT EXCEED VND 20 MILLION
 

This content is prescribed by the Government in the Decree No. 25/2020/ND-CP on detailing a number of Articles of the Law on Bidding concerning investor selection dated February 28, 2020.

In accordance with this Decree, for domestic bidding, the selling price (including tax) for a bidding dossier or dossier of requirements must not exceed VND 20 million; the price for a set of dossier of invitation to prequalification must not exceed VND 5 million. For international bidding, the selling price (including tax) for a bidding dossier or dossier of requirements must not exceed VND 30 million; the price for a set of dossier of invitation to prequalification must not exceed VND 10 million.

In addition, expenses for making and appraisal of dossiers of invitation to prequalification; evaluation of dossiers for

participation in prequalification; appraisal of prequalification results are prescribed as follows:

Firstly, the expense for making a dossier of invitation to prequalification is 0.02% of the total investment, which must be at least VND 10 million and at most VND 100 million.

Secondly, the expense for appraising a dossier of invitation to prequalification is 0.01% of the total investment, which must be at least VND 10 million and at most VND 50 million...

Besides, the payment for the Advisory Council to settle investors’ appeals about investor selection results is 0.02% of the total investment of the appealing investor, which must be at least VND 20 million and at most VND 200 million.

This Decree takes effect on April 20, 2020.

FROM APRIL 15, SCIENTIST NEED TO SATISFIES MORE STANDARD
TO BE CONSIDERED AND SELECTED AS TOP-NOTCH SCIENTIST
 

On March 01, 2020, the Government promulgates the Decree No. 27/2020/ND-CP on amending and supplementing a number of Articles of the Government’s Decree No. 40/2014/ND-CP dated May 12, 2014, on employing and honoring of scientists and technologists and the Government’s Decree No. 87/2014/ND-CP dated September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.

Accordingly, individuals work in the field of science and technology shall be considered and selected as top-notch scientists when satisfies the following criteria:

Foremost, having the ability to gather and mobilize excellent scientific staff, lead the research teams in implementing ideas of scientific research, develop new technologies to develop and lead a discipline or a science major.

rankings of UK-based Quacquarelli Symonds or the UK-based Times Higher Education World University Rankings.

Simultaneously, such individual must being scientists who have instructed at least 05 PhD students; Holding doctorates or higher degrees; Being a member of the Editorial Board of prestigious international science journals as prescribed by the Ministry of Science and Technology; or having an H index (according to Google Scholar) of 10 or higher; or winning an international prestigious science and technology award in accordance with the regulations of the Ministry of Science and Technology; or having at least 10 scientific papers published in prestigious international scientific journals as prescribed by the Ministry of Science and Technology…

This Decree takes effect on April 15, 2020.