Legal Document Updates in English (10/2021)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

18/2021/TT-BTC

Circular No. 18/2021/TT-BTC dated March 11, 2021 of the Ministry of Finance on defining the rates and remittance of charges for appraisal of grant of licenses for trading of civil cryptographic products and services, certificates of standard conformity of civil cryptographic products, certificates of technical-regulation conformity of civil cryptographic products

 

To reduce the charge for grant of licenses for trading of civil cryptographic services in 2021

Page 2

LABOR - SALARY

 

LABOR - SALARY

2

09/2020/TT-BLDTBXH

Circular No. 09/2020/TT-BLDTBXH dated November 12, 2020 of the Ministry of Labor, Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Labor Code on minor workers

 

13 easy jobs that persons aged under 15 years can perform

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

316/QD-TTg

Decision No. 316/QD-TTg dated March 09, 2021 of the Prime Minister on approval of the pilot application of using telecommunications accounts to pay for small-value goods and services

 

Pilot application of Mobile Money accounts for payment of goods

Page 2

NATURAL RESOURCES - ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

4

11/2021/ND-CP

Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government providing the assignment of given sea areas to organizations and individuals for marine resource exploitation and use

 

Total extended period of sea area assignment duration must not exceed 20 years

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

5

33/2020/TT-BYT

Circular 33/2020/TT-BYT dated December 31, 2020 of the Ministry of Health on promulgating the List of medical devices subject to safe and technical inspection

 

6 medical devices subject to safe and technical inspection

Page 3

SECURITIES

 

SECURITIES

6

155/2020/ND-CP

Decree No. 155/2020/ND-CP dated December 31, 2020 of the Government on detailing and guiding the implementation of a number of articles of the Law on Securities

 

Total value of the shares registered for initial public offering is at least VND 50 billion

Page 3

POLICY

 

POLICY

7

01/NQ-CP

Resolution No. 01/NQ-CP dated January 01, 2021 of the Government on major tasks and solutions guiding the realization of the socio-economic development plan and the State budget estimate in 2021

 

In 2021, per capita GDP shall be increased to 3,700 USD

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE

TO REDUCE THE CHARGE FOR GRANT OF LICENSES
FOR TRADING OF CIVIL CRYPTOGRAPHIC SERVICES IN 2021

The Ministry of Finance issues the Circular No. 18/2021/TT-BTC dated March 11, 2021 on defining the rates and remittance of charges for appraisal of grant of licenses for trading of civil cryptographic products and services, certificates of standard conformity of civil cryptographic products, certificates of technical-regulation conformity of civil cryptographic products.

To be specific: From March 11, 2021 to the end of December 21, 2021, enterprises, when submitting dossiers of application for grant of licenses for trading of civil cryptographic products and services, certificates of standard conformity of civil cryptographic products; certificates of

 

technical-regulation conformity of civil cryptographic products, shall pay charges equal to 90% of charge rates specified in the Circular No. 249/2016/TT-BTC.

From January 01, 2022, to pay the charges for appraisal of grant of licenses for trading of civil cryptographic products and services, certificates of standard conformity of civil cryptographic products, certificates of technical-regulation conformity of civil cryptographic products according to the charge rates defined in the Circular No. 249/2016/TT-BTC.

This Circular takes effect from March 11, 2021, until the end of December 31, 2021.

Ü  LABOR - SALARY

13 EASY JOBS THAT PERSONS AGED UNDER 15 YEARS CAN PERFORM

The Circular No. 09/2020/TT-BLDTBXH detailing and guiding the implementation of a number of articles of the Labor Code on minor workers is issued by the Ministry of Labor, Invalids and Social Affairs on November 12, 2020.

Accordingly, the Ministry of Labor, Invalids and Social Affairs issues a List of 13 easy jobs that persons aged between full 13 years and under 15 years can perform. To be specific: Performing arts; Sports athletes; Programming software; Traditional occupations such as painting dots on ceramic glaze, sawing clamshells, do paper making, conical hats making, etc. (excluding the use of toxic chemicals); Cattle grazing on the farm; Thread cutting, button making,

 

embroidery, packing into boxes of handmade textile products, etc.

Besides, the Ministry also promulgates a List of 69 jobs that are harmful to physical, intellectual or personality development of minors, including directly refining non-ferrous metal ores (copper, lead, tin, mercury, zinc, silver); burning and out of the coke furnace; burning steam locomotives; collection of waste industrial alcohol production; dyeing, steaming fabric; quarrying, beating stone manually, picking up rock on the mountain, etc.

This Circular takes effect on March 15, 2021.

Ü  FINANCE – BANKING

PILOT APPLICATION OF MOBILE MONEY ACCOUNTS FOR PAYMENT OF GOODS

The Decision No. 316/QD-TTg on approval of the pilot application of using telecommunications accounts to pay for small-value goods and services is issued by the Prime Minister on March 09, 2021.

Accordingly, subjects of the pilot application of using telecommunications accounts to pay for small-value goods and services (Mobile Money) are enterprises possessing licenses for providing e-wallet services and licenses for establishment of public terrestrial mobile telecommunications network using radio frequency bands or subsidiary companies permitted to use the parent companies’ infrastructure, network and telecommunications data by the parent companies that are licensed for establishing public terrestrial mobile telecommunications network using radio frequency bands.

 

Enterprises piloting to provide Mobile Money service to deposit money into the Mobile Money account at sale points; deposit money into the Mobile Money account from the customer's checking account; withdraw money into the Mobile Money account at sale points; transfer money between customers’ Mobile Money accounts within the same system of the piloting enterprises; etc.

Besides, such pilot application shall be carried out nationwide, in which the piloting enterprises must give priority to the pilot application of Mobile Money service in rural, mountainous, remote, border areas and islands of Vietnam. The piloting period is 02 years from the time on which the first piloting enterprise is approved to deploy the Mobile Money service.

This Decision takes effect on the signing date.

Ü  NATURAL RESOURCES - ENVIRONMENT

TOTAL EXTENDED PERIOD OF SEA AREA ASSIGNMENT DURATION
MUST NOT EXCEED 20 YEARS

The Decree No. 11/2021/ND-CP providing the assignment of given sea areas to organizations and individuals for marine resource exploitation and use is issued on February 10, 2021 by the Government.

Accordingly, the duration for sea area assignment shall be considered and decided in every specific case based on the application for sea area assignment, investment project, and duration specified in the written permission for the exploitation and use of marine resources issued by competent state agencies, but must not exceed 30 years.

With regard to investment projects approved by competent state agencies or decided on investment policies, granted investment registration certificates or investment certificates

 

that have the duration exceeding 30 years, the duration for sea area assignment shall be considered and decided for more than 30 years but must not exceed the investment duration stated in written approvals or decisions on investment policies, investment registration certificates or investment certificates (except for investment projects on marine aquaculture).

Besides, the duration for sea area assignment may be extended for multiple times, but the total extension duration must not exceed 20 years.

This Decree takes effect on March 30, 2021.

Ü  MEDICAL – HEALTH

6 MEDICAL DEVICES SUBJECT TO SAFE AND TECHNICAL INSPECTION

The Ministry of Health issues the Circular 33/2020/TT-BYT on promulgating the List of medical devices subject to safe and technical inspection on December 31, 2020.

Specifically, the List includes: Ventilator; Anaesthesia ventilator; Electric scalpel; Infant incubator; Defibrillator and Dialysis machine.

 

Besides, Ventilators, anaesthesia ventilators and electric scalpels that are purchased before September 01, 2021 must be completely inspected before December 31, 2022. Infant incubators, defibrillators and dialysis machines purchased before September 01, 2022 must be completely inspected before December 31, 2023.

This Circular takes effect on March 01, 2021.

Ü  SECURITIES

TOTAL VALUE OF THE SHARES REGISTERED
FOR INITIAL PUBLIC OFFERING IS AT LEAST VND 50 BILLION

The Decree No. 155/2020/ND-CP on detailing and guiding the implementation of a number of articles of the Law on Securities is promulgated by the Government on December 31, 2020.

Accordingly, shareholders of a public company registering for public offering of stocks and issuing organizations must open a frozen account to receive securities payments of the offering or issuance at a bank or foreign bank branch, except for the case of issuing stocks to exchange, to pay dividends, to increase the share capital from the equity source or issuing bonus stocks for employees.

Besides, conditions for initial public offering of shares of public securities investment company include: total value of the shares registered for offering is at least VND 50 billion; have issue plan and plan for use of capital raised from the offering; must be supervised by the Supervisory Bank;

 

shares for public offering must be listed on the Stock Exchange after the end of the offering; securities investment fund management company has at least two people operating securities investment company; etc.

In addition, measures of prohibiting institutions or persons from carrying out securities and securities market activities for a definite term or for good comprise: prohibiting the offering or issuance of securities for a definite term or for good; prohibiting the listing or registration of securities transactions for a definite term or for good; prohibiting the securities trading, providing services on securities and the securities market; prohibiting the performance of audits for entities with public interests in the securities sector for a definite term or for good; etc.

This Decree takes effect on January 01, 2021.

Ü  POLICY

IN 2021, PER CAPITA GDP SHALL BE INCREASED TO USD 3,700

On January 01, 2021, the Government issues the Resolution No. 01/NQ-CP on major tasks and solutions guiding the realization of the socio-economic development plan and the State budget estimate in 2021.

Accordingly, by 2021, the percentage of people with health insurance coverage, percentage of trained workers and forest coverage rate shall be about 91%, 66% and 42%, respectively; per capita GDP shall be about USD 3,700; Gross Domestic Product (GDP) growth rate shall be about 6.5% (increased 0.5% compared to the plan); and the social labor productivity growth shall be about 4.8%, etc.

Besides, the Government shall continue to review and appropriately narrow down the range of industries and fields that the State holds 100% of capital. At the same time, refine

 

mechanisms and policies, step up the process of restructuring, equitizing and divesting state capital from enterprises as well as equitizing public service delivery units that could meet the conditions; focus on thoroughly handling inefficient, loss-making projects.

On the other hands, for the purpose of Covid-19 pandemic prevention and control, the Government requests to control border, propagate to raise awareness about pandemic prevention and control, etc. Concurrently, accelerate the process of research and international cooperation in developing vaccine and devise a solution so that the people could be vaccinated as soon as possible.

 

 

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