Legal Document Updates in English (10/2020)

TO SPEND 250 TRILLION OF CREDIT SUPPORT FOR ENTERPRISES AFFECTED BY THE COVID-19 EPIDEMIC
 

This content is prescribed by the Prime Minister in the Directive No. 11/CT-TTg on urgent tasks and solutions to remove difficulties for production and business ensure social security in response to the Covid-19 epidemic dated March 04, 2020.

In order to prevent, control and minimum the impact of the Covid-19 epidemic, remove difficulties for production and business, implement socio-economic development tasks, the Prime Minister requests Ministers, Heads of ministerial-level agencies, Chairpersons the People's Committees of provinces and municipalities and enterprise community to:

Firstly, the State Bank of Vietnam needs to timely apply supportive measures such as rescheduling time limit of payment, exemption and reducing of paying interest rate, keeping the debt group, reducing fees... for customers who are in difficulties due to the effects of the Covid-19 epidemic (firstly, the credit support package is about VND 250 trillion).

Next, the Prime Minister requires the Vietnam Social Insurance to preside and coordinate with relevant agencies to guide the suspension of contribution of social insurance for subjects affected by the Covid-19 epidemic until the end of June or December, 2020 and the interest of such late payment shall not be applied.

Noticeably, the Ministry of Industry and Trade is responsible for strengthen inspecting and strictly handling cases of smuggling, commercial fraud and speculation on goods, causing artificial scarcity, counterfeit goods and pirated goods in the market, especially essential commodities in epidemic prevention and control such as masks, dry hand sanitizers, and medical supplies. Besides, the Ministry of Industry and Trade needs to coordinate with the Ministry of Finance to continue ensuring customs clearance, support border provinces to facilitate goods clearance activities.

EMPLOYER PAYS WORKERS LESS THAN THE REGION-BASED MINIMUM WAGES
SHALL BE FINED UP TO VND 75 MILLION
 

On March 01, 2020, the Government promulgates the Decree No. 28/2020/ND-CP on providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract.

Accordingly, fines shall be imposed upon any employer who pays workers less than the region-based minimum wages prescribed by the Government, according to one of the following levels: From VND 20 million to VND 30 million if the violation involves 01 - 10 workers; From VND 30 million to VND 50 million if the violation involves 11 - 50 workers; A fine from 50 million VND to VND 75 million, if the violation concerns 51 workers or more. Besides, the employer fails

to notify the workers at least 10 days in advance before changing the methods of payment of salary also be fined from VND 02 million to VVND 05 million.

In addition, this Decree also regulates that a fine of from VND 01 million to VND 03 million shall be imposed upon any employer that temporarily assigns employee to perform another job which is not stated in the labor contract without notifying an employee 03 working days in advance or failing to notify clearly the time of temporary work or job placement which is not suitable to the health and gender of the employee.

This Decree takes effect on April 15, 2020.

THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY
SHALL HAVE SPECIFIC REGIME TO SHORTEN TIME OF LAND COMPENSATION
 

This content is prescribed by the Government in the Resolution No. 27/NQ-CP dated March 09, 2020 on approving the pilot application of specific mechanisms and processes to shorten the time for compensation, support, resettlement and handover of ground of the land recovery project in Ho Chi Minh City.

Accordingly, the Government permits the People’s Committee of Ho Chi Minh City to pilot the application of specific mechanisms and processes to shorten the time for compensation, support, resettlement and handover of ground of land recovery project in Ho Chi Minh City with the following contents:

Firstly, the People’s Committee of Ho Chi Minh City shall promulgate a land price adjustment coefficient at the beginning of the annual period to make a plan of compensation, support, resettlement to consult people whose land is recovered.

Secondly, such land price adjustment coefficient is only meaningful in making a plan of compensation, support, resettlement to consult people whose land is recovered and it is not the specific land price of the type of recovered land at the time of land recovery decision.

This Resolution takes effect on the signing date.

3 CONDITIONS FOR RESCHEDULING THE DEBT PAYMENT TERM DUE TO THE COVID-19 EPIDEMIC
 

On March 13, 2020, the State Bank of Vietnam promulgates the Circular No. 01/2020/TT-NHNN on providing regulations on the credit institutions and foreign bank branches’ debt rescheduling, exemption and reduction of interest rates and fees, keeping the debt group in order to support customers affected by the Covid-19 epidemic.

Specifically, debts with the rescheduled repayment term are the principal balance and/or interest that fully meet the following conditions:

Firstly, arising from the lending activities and financial lease.

Secondly, incurring the obligation to pay the principal debts and/or interest during the period from January 23, 2020 to the next day after 03 months from the date of announcement of the Covid-19 epidemic termination by the Prime Minister.

Thirdly, the customer is unable to pay the principal debts and/or interest in due time according to the signed contract,

loan agreement or financial leasing agreement due to the revenue and income affected by the Covid-19 epidemic.

Within that, the debt rescheduling shall be carried out with the debit balance if the debit balance is overdue during the period from January 23, 2020 to the next day after 15 days from the effective day of this Circular...

Credit institutions and foreign bank branches shall decide the exemption and reduction of interest and fees in accordance with the internal regulations on the debit balance arising from the activities of credit extension (except for the activities of purchase and investment of corporate bonds) for which the obligations of payment of principal debts and/or interest are due within the period from January 23, 2020 to the next day after 03 months from the date on which the Prime Minister announces the Covid-19 epidemic's termination.

This Circular takes effect on March 13, 2020.

TO TEMPORARILY HALT UNILATERAL VISA EXEMPTION FOR VIETNAMESE RESIDING IN 8 FOREIGN COUNTRIES
 

On March 11, 2020, the Prime Minister issues the Directive No. 13/CT-TTg on continuing to promote the prevention and control of the COVID-19 epidemic in the new situation.

In accordance with this Directive, in order to minimum the spreading, ready and actively to prevent and control of the epidemic on a large scale, to best protect health and lives of the people, the Prime Minister requires to temporarily halt unilateral visa exemption and validity of visa exemption certificates granted to Vietnamese citizens residing overseas and foreigners being Vietnamese spouses and children in: Denmark, Norway, Finland, Sweden, England,

France, Germany and Spain. All passengers enter into Vietnam shall have to make compulsory medical declaration and early isolate for cases coming from or traveling to epidemic areas.

In addition, flights from Vietnam to epidemic areas and vice versa, including foreign airlines shall be minimized, tourist activities also be strictly managed, ensuring safety. On the other hand, the Prime Minister also requests to postpone oversea duty tours; special cases must be approved by the Prime Minister and warns the people not to go aboard, especially to the epidemic areas.

MASTER PLAN ON DEVELOPMENT OF THE AIRPORT SYSTEM IN THE 2021-2030 PERIOD
 

On March 04, 2020, the Prime Minister issues the Decision No. 336/QD-TTg on approving the task of formulating the overall master plan on development of the national system of airports and aerodromes in the 2021-2030 period, with a vision toward 2050.

Accordingly, the Prime Minister approves the task of formulating the overall master plan with scope of research is the whole national boundaries belonging to Vietnam’s sovereignty. The master plan is formulated with the objectives: To study the overall master plan to develop the national system of airports and aerodromes to 2050, and devise an appropriate investment roadmap to meet transport demands and security; concurrently, to study and propose major solutions regarding mechanisms and policies for development of the system of airports and aerodromes.

The master plan must include contents about analyzing and evaluating elements, natural conditions, resources, and context, and evaluate the current situation of the national system of airports and aerodromes nationwide. Besides, the master plan also need to research air transport forecasting methods. Based on that, to forecast the development trends, and determine the relevant demand and requirements, ensuring the country's development. At the same time, evaluating the connectivity among the national system of airports and aerodromes in the civil aviation sector.

This Decision takes effect on the signing date.

THE CERTIFICATION STATEMENT MUST BE WRITTEN RIGHT UNDER THE CERTIFICATED SIGNATURE
 

The Ministry of Justice promulgates the Circular No. 01/2020/TT-BTP on detailing and guiding the implementation of a number of Articles of the Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government on grant of duplicates from master registers, certification of copies from originals, certification of signatures and certification of contracts and transactions on March 03, 2020.

To be specific, this Circular detailing and guiding the implementation of granting of duplicates from master registers; certification of signatures; approval the list of translators; certification of contracts and transactions and certification competence in island districts.

Accordingly, the certification statement must be written right under the signature which is certificated or the following page on the paper and document that bear the certificated signature. In case the certification statement is written in the

following page, seal shall be appended on every two adjoining pages of the papers and the documents have certificated signature and the page which bear the certification statement.

In case papers and documents are signed by more than one person, the signatures of all persons who have signed the papers or documents must be certificated.

A new remarkable content is that the Division of Justice shall revise the list of translators annually. In case the translator is no longer qualified or no longer collaborate in translation with the Division of Justice from more than 12 months without any reasonable explanation, the Division of Justice shall issue a written suggestion to remove such person from the list of translation collaborators.

This Decree takes effect on April 20, 2020.