Legal Document Updates in English (10/2022)

IMPORT TARIFF QUOTAS APPLICABLE TO
RICE, DRIED TOBACCO LEAVES ORIGINATED FROM CAMBODIA

The Ministry of Industry and Trade promulgates the Circular No. 06/2022/TT-BCT prescribing the import of rice and dried tobaccos originated from the Kingdom of Cambodia under the 2021 and 2022 tariff quotas on February 28, 2022.

Accordingly, the total tariff quotas for items eligible for special preferential import duty rates in 2021 and 2022 shall be 300,000 tons of rice, for rice in the husk (paddy or rough) (HS Code: 1006.10) and brown rice (HS Code: 1006.20). The total tariff quotas shall be 3,000 tons, for tobacco leaves, not stemmed (HS Code: 2401.10) and tobacco leaves which have been partly or wholly stemmed (HS Code: 2401.20).

The import tariff quota for 2021 shall be applied to declarations registered with the customs authority from January 01, 2021 to the end of December 31, 2021. The

import tariff quota for 2022 shall be applied to declarations registered with the customs authority from January 01, 2022 to the end of December 31, 2022.

Tax administration agencies shall settle over-paid tax amounts under the current law for importers who already registered customs declarations of the commodity items prescribed from January 01, 2021, to before April 15, 2022, fully satisfy the condition for enjoyment of the special preferential import duty rates specified, and paid the higher duty rates.

This Circular takes effect from April 15, 2022 to the end of December 31, 2022.

LIST OF CONTACT POINTS FOR IMPLEMENTATION OF THE RECP AGREEMENT

On March 10, 2022, the Prime Minister issues the Decision No. 328/QD-TTg designating contact points for implementation of the Regional Economic Comprehensive Partnership Agreement (RECP).

Specifically, in the field of trade in goods, the Ministry of Industry and Trade shall act as a contact point for provisions on import duties of member countries of the RCEP Agreement, general provisions, and provisions on import and export management; the Ministry of Finance shall act as a contact point for provisions on Vietnam’s import duty; the Ministry of Agriculture and Rural Development shall act as a contact point for provisions related to agricultural products.

Regarding temporary movement of natural persons, the Ministry of Labor, Invalids and Social Affairs shall act as a contact point for provisions related to the subjects stated in

the Schedules of Specific Commitments on Temporary Movement of Natural Persons; the Ministry of Public Security shall act as a contact point for provisions related to licensing and processing of applications for entry, etc. The Ministry of Finance shall be in charge of schedules of tariff commitments.

In the course of implementation of the RCEP Agreement, if it is necessary to revise the List of contact points for implementation of the RCEP Agreement to suit reality, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related agencies in, summing up and reporting the revisions to the Prime Minister for consideration and decision.

This Decision takes effect from the signing date.

3 CONTENTS OF CLIMATE CHANGE IMPACT ASSESSMENT

On January 07, 2022, the Ministry of Natural Resources and Environment promulgates the Circular No. 01/2022/TT-BTNMT, detailing the implementation of the Law on Environmental Protection regarding climate change response.

Accordingly, contents of climate change impact assessment include: Assessment of the impacts of climate change on natural systems, including land, water, minerals, forests, biodiversity, marine life and islands, natural resources, and other environmental factors; Assessment of the impacts of climate change on the economic system; Assessment of the impacts of climate change on social systems.

Besides, ministries managing sectors and fields shall establish and organize a meeting of the appraisal council for the greenhouse gas inventory results at the sectoral level.

Members of the appraisal council include representatives of ministries managing sectors and fields, the Ministry of Natural Resources and Environment, relevant ministries and experts with appropriate expertise.

Members of the appraisal council shall assess the results of greenhouse gas inventory according to the following principal contents: The adequacy of greenhouse gas inventory contents, information and data; The conformity in identification of emission sources and greenhouse gas sinks; The conformity of greenhouse gas inventory method, applicable emission coefficient, quality control method, assurance of quality, greenhouse gas emission data and information system of ministries managing sectors and fields; The accuracy and reliability of greenhouse gas inventory results.

This Circular takes effect from the signing date.

COVID-19 PATIENTS ARE NOT ALLOWED TO LEAVE HOME

This noticeable content is provided in the Decision No. 616/QD-BYT dated March 15, 2022 of the Ministry of Health on the correction of the Minister of Health's Decision No. 604/QD-BYT dated March 14, 2022, promulgating "the Guidance on home-based management of people infected with COVID-19".

Accordingly, people infected with COVID-19 must avoid leaving the isolation room and they are not allowed to leave home. If leaving the isolation room, they must wear facemasks and keep a safe distance from others in the same household.

This Decision takes effect from the signing date.

COVID-19 PATIENTS MAY LEAVE ISOLATION AREAS

On March 14, 2022, the Ministry of Health issues the Decision No. 604/QD-BYT on promulgating the “Guidance on home-based management of people infected with COVID-19”.

Accordingly, people infected with COVID-19 shall be subject to home-based management if they satisfy the following criteria: Having no underlying disease, or having an underlying disease but being treated stably; Being able to take care of themselves (such as eating, bathing, washing clothes, cleaning, etc.) and monitor their health status, etc. In cases where people infected with COVID-19 are unable to take care of themselves, their families must have caregivers who meet the prescribed criteria.

People infected with COVID-19 or their caregivers shall notify health stations of communes and wards or facilities in

TOURISTS TRAVELING TO VIETNAM MUST HAVE HEALTH INSURANCE
OR TRAVEL INSURANCE COVERING COVID-19 TREATMENT

This highlight content is prescribed by the Ministry of Culture, Sports and Tourism in the Plan No. 829/PA-BVHTTDL dated March 15, 2022, on resumption of tourism in the new normal.

Accordingly, international tourists traveling to Vietnam must meet the following requirements: Having health insurance or travel insurance that covers COVID-19 treatment with a minimum liability of 10,000 USD; Making health declarations before entering the country and using the health declaration app (PC-COVID app), taking anti-pandemic measures during their stay in Vietnam; Self-monitoring their health within 10 days from the date of entry, etc.

Also in accordance with this Plan, tourists entering Vietnam by air must be tested negative for SARS-CoV-2 (except for

children under 2 years of age) before departure within 72 hours if they take RT-PCR/RT-LAMP tests, or within 24 hours if they take rapid antigen tests for SARS-CoV-2 virus, with the results thereof certified by the countries where the tests are conducted. Those who enter Vietnam by land, sea, railway must take the tests as mentioned above.

Especially, children under 2 years of age shall be exempted from the SARS-CoV-2 testing requirement and shall be allowed to enter Vietnam and participate in activities outside their accommodations with their parents and relatives, regardless they have been vaccinated against COVID-19, or infected with SARS-CoV-2.

VIETNAM RESUMES VISA EXEMPTION FOR CITIZENS FROM 13 COUNTRIES

On March 15, 2022, the Government issues the Resolution No. 32/NQ-CP on visa exemption for citizens of the Federal Republic of Germany, the French Republic, the Italian Republic, the Kingdom of Spain, the United Kingdom of Great Britain and Northern Ireland, the Russian Federation, Japan, the Republic of Korea, the United Kingdom of Denmark, the Kingdom of Sweden, the Kingdom of Norway, the Republic of Finland and the Republic of Belarus.

Accordingly, to exempt visa for citizens of the Federal Republic of Germany, the French Republic, the Italian Republic, the Kingdom of Spain, the United Kingdom of Great Britain and Northern Ireland, the Russian Federation, Japan, the Republic of Korea, the United Kingdom of Denmark,

the Kingdom of Sweden, the Kingdom of Norway, the Republic of Finland and the Republic of Belarus entering Vietnam for a sojourn of 15 days, counting from the date of entry, regardless of their passport types and entry purposes, provided they meet all the conditions prescribed by Vietnam’s law.

In addition, the policy on entry visa exemption for citizens of the above-mentioned countries shall be implemented for 3 years from March 15, 2022 to the end of March 14, 2025, and will be considered for extension in accordance with Vietnam’s law.

This Resolution takes effect from the signing date.

SARS-COV-2 TESTING REQUIREMENTS FOR PEOPLE ENTERING VIETNAM

The Ministry of Health promulgates the Official Dispatch No. 1265/BYT-DP regarding the prevention and control of COVID-19 pandemic for people entering Vietnam on March 15, 2022.

Specifically, people entering Vietnam by air must have a negative result of SARS-CoV-2 test (except for children under 2 years of age) before departure within 72 hours if they take RT-PCR/RT-LAMP tests, or within 24 hours if they take rapid antigen tests for SARS-CoV-2 virus, with the results thereof approved by the countries where the tests are conducted.

People entering Vietnam by other routes (land, waterway, railway) must take the tests as required for people entering by air. In cases where they do not have negative test results for SARS-CoV-2 as required, the tests (RT-PCR/RT-LAMP tests or rapid antigen tests) for SARS-CoV-2 virus must be conducted within the first 24 hours after they enter Vietnam.

Children under 2 years of age are exempt from the SARS-CoV-2 testing requirement and shall be allowed to enter Vietnam and participate in activities outside of their accommodations with their parents and relatives, regardless of whether they have been vaccinated against COVID-19, or infected with SARS-CoV-2, or not.