Legal Document Updates in English (12/2022)

BY 2025, STRIVE TO ENSURE THE REVENUE
FROM ENTERPRISE RESTRUCTURING OF AT LEAST 248,000 BILLION DONG

This is one of the targets mentioned in the Decision No. 360/QD-TTg dated March 17, 2022 of the Prime Minister on approving the Scheme on “Restructuring state-owned enterprises (SOEs), focusing on state-owned corporations and economic groups in the 2021-2025 period”.

According to the Decision, a number of key targets by 2025 shall be as follows: Basically complete the rearrangement and conversion of SOEs ownership; ensure the revenue from enterprise restructuring into the State budget in the 2021-2025 period being at least 248,000 billion dong in accordance with the Resolution No. 23/2021/QH15; basically handle the weaknesses, losses, projects and works that are behind schedule, the inefficient investments, and prolonged

losses of state-owned corporations and economic groups, and SOEs; etc.

Besides, tasks and solutions for achievement of the above objectives include: Develop a five-year, annual plan for the forms of rearrangement and conversion of ownership; completely address the situation of scattered investment, investment spreading outside the main business lines; Pilot the selection of a number of enterprises after equitization that are eligible and of reasonable size to register for trading and list on regional and world stock markets; etc.

This Decision takes effect from the date of signing.

FROM APRIL 01, THE ENVIRONMENTAL PROTECTION TAX RATE IS REDUCED
BY VND 2,000/LITER OF PETROL

The National Assembly Standing Committee promulgates the Resolution No. 18/2022/UBTVQH15 on the environmental protection tax rates imposed on petrol, oil and grease on March 23, 2022.

According to this Resolution, reduce the environmental protection tax rates imposed on petrol (except for ethanol), diesel oil, fuel oil, lubricant oil and grease by 50% from April 01, 2022 until the end of December 31, 2022. Reduce the environmental protection tax rate imposed on kerosene by 70% from April 01, 2022 to the end of December 31, 2022.

SERVICE CHARGE FOR MAINTAINING THE SYSTEM CHECKING
DIGITAL CERTIFICATE VALIDATION STATUS IS VND 3,000/MONTH/1 DIGITAL CERTIFICATE

This content is defined in the Circular No. 19/2022/TT-BTC dated March 23, 2022 of the Ministry of Finance prescribing the rates, collection, remittance, management and use of the service charges for maintaining the system checking digital certificate validation status.

Accordingly, the rate of service charge for maintaining the system checking digital certificate validation status shall be VND 3,000/month/1 digital certificate granted to a subscriber being an organization or enterprise (excluding individuals) by an enterprise providing digital signature authentication services.

The charging time starts from the month the digital certificate issued to the subscriber takes effect to the month preceding

EMPLOYEES ARE ENTITLED TO A HOUSING RENTAL ASSISTANCE OF UP TO VND 3 MILLION

This highlight content is provided by the Prime Minister in the Decision No. 08/2022/QD-TTg dated March 28, 2022, on implementation of housing rental assistance policy for employees.

Specifically, employees who are currently working in industrial parks and export processing zones or key economic zones shall be entitled to a housing rental assistance of VND 500,000/person/month, provided that they fully meet the following conditions: Staying in a rental apartment from February 01, 2022, to June 30, 2022; Having an indefinite-term labor contract or a labor contract with a term of 1 month or more, that is signed and commenced before April 01, 2022; Being participating in compulsory social insurance in the month preceding the time the enterprise prepares the list of employees.

Besides, employees returning to the labor market who are currently working for enterprises, cooperatives or business households with business registration in industrial parks and

INCREASE MAXIMUM ANNUAL OVERTIME TO 300 HOURS FROM APRIL 01

On March 23, 2022, the National Assembly Standing Committee promulgates the Resolution No. 17/2022/UBTVQH15 on employees’ monthly, annual overtime hours in the context of prevention and control of the COVID-19 pandemic and socio-economic recovery and development.

Accordingly, the employer may request the employee for overtime work for more than 200 hours but not exceeding 300 hours in 01 year in case of obtaining the employee’s consent, except for the following cases:

Firstly, employees from full 15 years old to under 18 years old;

Secondly, employees being persons with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities;

Thirdly, employees who practice or perform heavy, hazardous or dangerous occupations or jobs, or extremely heavy, hazardous or dangerous occupations or jobs;

Fourthly, the female employee is at the 7^th month or more of her pregnancy, or at the 6^th month or more of her pregnancy if she works in a highland, deep-lying, remote, border or island area;

Fifthly, the female employee is raising a child under 12 months old.

In addition, in case the employer, who is allowed to use the employee for overtime for a maximum of 300 hours in 01 year, requests and obtains the employee’s consent, he/she may use the employee for overtime work for more than 40 hours but not exceeding 60 hours in 01 month.

This Resolution takes effect on April 01, 2022.

AGREE TO EXTEND EFFECT OF RESOLUTION 42
ON PILOT HANDLING OF NON-PERFORMING LOANS

On March 25, 2022, the Government issues the Resolution No. 45/NQ-CP approving the proposal for formulating a National Assembly’s Resolution on extension of the effect of the National Assembly’s Resolution No. 42/2017/QH14 on pilot handling of non-performing loans of credit institutions.

Specifically, the Government approves the State Bank of Vietnam’s proposal for formulating a National Assembly’s Resolution on extension of the effect of the National Assembly’s Resolution No. 42/2017/QH14 dated June 21, 2017 on pilot handling of non-performing loans of credit institutions.

Besides, to assign the State Bank of Vietnam to assume the prime responsibility for, and coordinate with related agencies in, expeditiously studying and formulating a National Assembly’s Resolution on extension of the effect of the National Assembly’s Resolution No. 42/2017/QH14 of June 21, 2017, on pilot handling of non-performing loans of credit institutions, for submission to the National Assembly under regulations, ensuring the quality, effectiveness, promptness and compliance with prescribed order and procedures and laws.

This Resolution takes effect on the date of its signing.

AMEND A NUMBER OF PROVISIONS ON FILM IMPORT

The Decree No. 22/2022/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes is promulgated on March 25, 2022 by the Government.

Accordingly, the Ministry of Culture, Sports and Tourism shall license the import of films for dissemination or distribution nationwide under law. In accordance with current regulations, the Ministry of Culture, Sports and Tourism Motion shall license the import of pictures and television films for dissemination or distribution nationwide or in two or more localities.

GUIDANCE ON RESUMPTION OF REGULAR DOMESTIC AIR FLIGHTS
FOR SAFE ADAPTATION TO COVID-19

The Ministry of Transport issues the Decision No. 372/QD-BGTVT promulgating the Interim Guidance on resumption of regular domestic air flights for safe, flexible adaptation to, and effective control over the COVID-19 pandemic on March 24, 2022.

This Interim Guidance applies to the resumption of regular domestic air flights for safe, flexible adaptation to, and effective control over the COVID-19 pandemic. Subjects of application of the Guidance include state management agencies, anti-pandemic forces, airlines, airports and airfields of Vietnam; organizations and individuals involved in domestic air transport activities.

For operating frequency of regular domestic air routes, Vietnamese airlines are allowed to operate flights with a

frequency according to the market’s demands, airlines’ capacity and in conformity with airport infrastructure and infrastructure for air navigation assurance.

Aircrew (pilot and flight attendants), passengers involved in domestic air transport must comply with “5K message”; health declaration in accordance with the Ministry of Health’s regulations; COVID-19 pandemic prevention and control measures in accordance with the guidance of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health; and requirements and guidance on testing and isolation of the Ministry of Health and local health agencies.

This Decision takes effect on the signing date.