Legal Document Updates in English (09/2022)

GOODS EXPORTED FROM VIETNAM TO PERU SHALL BE ELIGIBLE FOR PREFERENTIAL EXPORT TARIFFS

The Decree No. 21/2022/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 57/2019/ND-CP dated June 26, 2019 on the Preferential Export Tariffs and Special Preferential Import Tariffs for implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the CPTPP) during 2019-2022 is promulgated by the Government on March 10, 2022.

Accordingly, goods exported from Vietnam to the Republic of Peru, with transport documents (copies), showing the destination in the Republic of Peru, and having an import customs declaration proving the import of the goods lot

exported from Vietnam into the Republic of Peru shall be eligible for preferential export duty rates under CPTPP.

Also, goods imported to Vietnam from the Republic of Peru shall be eligible for special preferential import duty rates under CPTPP if such goods are specified in the Special Preferential Import Tariffs or the List of used cars subject to import quotas for CPTPP implementation and their special preferential import duty rates specified in this Decree; are transported to Vietnam directly from the Republic of Peru; satisfy the rules of origin and having documents certifying the origin of goods under CPTPP.

This Decree takes effect on the signing date.

FROM JANUARY 17, FINE UP TO VND 75 MILLION FOR THE ACT OF MISTREATING DOMESTIC WORKERS

This noticeable content is provided in the Government’s Decree No. 12/2022/ND-CP dated January 17, 2022, providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract.

Specifically, a fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on any employer that commits the acts of mistreating, sexually harassing, extracting forced labor or using violence against domestic workers but not seriously enough to be examined for penal liability.

A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that fails to reach a written agreement with the leadership board of the grassroots-level workers’ representative organization when unilaterally terminating the labor contract, transferring a worker to another job or dismissing a worker who is a member of the

leadership board of the grassroots-level workers’ representative organization, but not seriously enough to be examined for penal liability, unless the two parties cannot reach an agreement.

Besides, a fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that commits the acts of forging or falsifying the contents in dossier for enjoyment of social insurance and unemployment insurance benefits for self-seeking purposes from the social insurance and unemployment insurance regimes but not seriously enough to be examined for penal liability. The fine shall be imposed for each dossier being forged or falsified but the total fine shall not exceed VND 75,000,000.

This Decree takes effect from January 17, 2022.

CONSTRUCTION CONTRACTORS MUST BUY
COMPULSORY CIVIL LIABILITY INSURANCE FOR THIRD PARTIES FROM JULY 01

This content is stipulated in the Government’s Decree No. 20/2022/ND-CP dated March 10, 2022, amending and supplementing a number of articles of the Government’s Decree No. 119/2015/ND-CP dated November 13, 2015, prescribing compulsory insurance in construction investment activities.

According to the new provisions, from July 01, 2022, in addition to compulsory insurance for workers working on the construction sites, construction contractors shall have to buy compulsory civil liability insurance for third parties. Duration of compulsory civil liability insurance for third party is a specific span, counting from the date of starting to the date of finishing the construction time, based on the construction contract and written in the insurance contract.

The minimum insurance sum of the compulsory civil liability insurance for third parties is prescribed as follows: The minimum insurance sum for damage to health and life is 100,000,000 dong/person/case, and there is no limit to the number of loss cases.

In case a damaged work is valued at less than one thousand billion dong, the minimum insurance sum for property damage and related legal costs (if any) is 10% of the value of the work for the entire insurance duration, and there is no limit to the number of loss cases. For a work valued at one thousand billion dong or more, the minimum insurance sum for property damage and related legal costs (if any) is one hundred billion dong for the entire insurance duration and there is no limit to the number of loss cases.

Compulsory insurance contracts in construction investment activities, civil liability insurance contracts for third parties signed before the effective date of this Decree shall continue to be performed in accordance with the law at the time of entering into insurance contracts.

This Decree takes effect on July 01, 2022.

AGREEMENTS ON THE INSURANCE PREMIUM DEBT WITHOUT COLLATERAL MAY BE ALLOWABLE

On February 28, 2022, the Ministry of Finance promulgates the Circular No. 14/2022/TT-BTC on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 50/2017/TT-BTC dated May 15, 2017 guiding the implementation of the Government’s Decree No. 73/2016/ND-CP dated July 01, 2016 on detailing the implementation of the Law on Insurance Business and the Law on Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Ministry of Finance’s Circular No. 04/2021/TT-BTC dated January 15, 2021 detailing a number of articles of the Government’s Decree No. 03/2021/ND-CP dated January 15, 2021 on compulsory insurance for motor vehicle owner’s civil liability.

Accordingly, insurance buyers and insurance enterprises may reach agreements on change of the time limit for insurance premium payment or on the insurance premium

debt without collateral or guarantee of insurance premium payment if the following conditions are fully satisfied:

Specifically, insurance buyers or insurance enterprises are in localities placed under the social distancing prescribed in the Directive No. 15/CT-TTg, Directive No. 16/CT-TTg dated March 31, 2020 or in blockade areas for COVID-19 control according to the competent authority’s document or in localities where the COVID-19 risk level is high or very high in accordance with the Resolution No. 128/NQ-CP dated October 11, 2021. And the obligation of insurance premium payment arises in the period from January 01, 2021 until the Prime Minister announces the end of the COVID-19 pandemic.

In all cases, the time limit of premium payment does not exceed the insurance period under the insurance contract.

This Circular takes effect on the signing date.

STUDENTS ARE NOT REQUIRED TO TEST BEFORE RETURNING TO SCHOOLS

This highlight content is prescribed by the Ministry of Health in the Official Dispatch No. 796/BYT-MT dated February 21, 2022, regarding guidance on COVID-19 prevention and control when organizing on-site learning.

Specifically, education institutions are not allowed to force all students to test before returning to schools for on-site learning; test is only required for suspected cases (those with symptoms of fever, cough, dyspnoea, etc., or other suspected symptoms) or those who have been in contact with F0 cases.

Besides, this Official Dispatch also provides guidance in case of detecting an F0 case in school. To be specific: Students (other than F1 cases) who have a negative rapid antigen test result shall go to school normally. F1 cases whose rapid antigen test results are negative shall be subject to home quarantine and monitor health at home or places of residence for 5 days and shall be tested on the 5^th day, in case they have received at least 2 doses of COVID-19 vaccines, with the last dose given for at least 14 days, or

have been recovered from COVID-19 within 3 months. Those whose test results are negative for SARS-CoV-2 on the 5^th day are allowed to return to schools.

Unvaccinated F1 cases or F1 cases who are not fully vaccinated shall be subject to home quarantine and monitor health at home or places of residence for 7 days and shall be tested on the 7^th day. Those whose test results are negative for SARS-CoV-2 on the 7^th day are allowed to return to schools.

For preschools, kindergartens or childcare groups, if there is one child in the class of who tests positive for SARS-CoV-2 (F0 case) by rapid antigen method, all children in that class shall be quarantined and monitored their health at home or places of residence for 7 days and tested on the 7^th day. Those who are tested negative for SARS-CoV-2 on the 7^th day are allowed to return to schools, the schools and their parents shall continue monitoring the children’s health for the next 3 days, etc.

GENERAL CONDITIONS TO OPEN TRAINING DISCIPLINES AT BACHELOR’S, MASTER’S AND DOCTOR’S DEGREES

Circular No. 02/2022/TT-BGDDT defining the conditions, order and procedures for opening and suspending training disciplines at bachelor’s, master’s and doctor’s degrees is promulgated by the Ministry of Education and Training on January 18, 2022.

Accordingly, upon opening a training discipline at bachelor’s, master’s or doctor’s degree, a training institution must meet general conditions for training discipline and training level to be opened, lectures, physical foundations. Also, the training program of the discipline to be opened is developed, appraised, and promulgated to ensure compliance with the regulations of the Ministry of Education and Training, meeting the standard training program of the field, group of disciplines, training disciplines and complying with the Vietnamese Qualifications Framework.

In addition, the training institution must have a specialized unit at the faculty level or equivalent to manage professional

activities, lecturers, learners for the training discipline to be opened; meet the minimum requirements to be ready to shift to online teaching. And the council of the training institution has passed a resolution approving the policy of opening the training discipline of the training institution.

Addition to the above general conditions, the training institution opening training discipline at bachelor’s degree must have at least 1 permanent lecturer with doctor’s degree in appropriate discipline with at least 3 years of experience in training management or university teaching, and in charge of leading the development, organization and implementation of training programs; at least 5 PhDs who are permanent lecturers with appropriate professional qualifications to lead the teaching of the program; etc.

This Circular takes effect from March 4, 2022.

ONE MORE BORDER GATE APPLYING CUSTOMS DECLARATIONS FOR INCOMING OR OUTGOING PASSENGERS

The Decision No. 209/QD-BTC on supplementation of the List of border gates applying customs declarations used for incoming or outgoing passengers is promulgated by the Ministry of Finance on February 25, 2022.

Specifically, to add Le Thanh international border gate (managed by Customs Department of Gia Lai-Kon Tum) that

applies customs declarations used for incoming or outgoing passengers, made according to the form provided in the Ministry of Finance’s Circular No. 120/2015/TT-BTC, which was amended and supplemented under Circular No. 52/2017/TT-BTC.

This Decision takes effect on the date of its signing.