Legal Document Updates in English (13/2020)

TO REDUCE 50% OF THE TRANSACTION FEES
FOR THE INTERBANK PAYMENT SYSTEM UNTIL DECEMBER 31, 2020
 

On March 31, 2020, the State Bank of Vietnam promulgates the Circular No. 04/2020/TT-NHNN on amending and supplementing a number of Articles of the Circular No. 26/2013/TT-NHNN dated December 05, 2013, of the State Bank of Vietnam on promulgating the State Bank of Vietnam’s Payment Services Fee Schedule.

Accordingly, the State Banks adds regulations on the reduction of 50% of the transaction fees for the interbank payment system. To be specific: To reduce 50% of the payment fees at Points 1.1 and 1.2, Section 1 “Transaction fees for the interbank payment system” in Part III “Fees for

FROM MAY 20, 2020, WORKERS ARE PROHIBITED
FROM GOING ABROAD TO DO MASSAGE
 

This new content is prescribed by the Government in the Decree No. 38/2020/ND-CP dated April 03, 2020 on detailing and guiding the implementation of a number of Articles of the Law on Vietnamese Guest Workers under Contract.

Accordingly, the workers are prohibited from going abroad to do massage at the restaurants, hotels, or entertainment centers. Besides, they are banned from doing the following jobs abroad: The works that must frequently contact with explosives, toxic substances in practice of non-ferrous metal ores, frequently contact with manganese, dioxide mercury; The hunting of predators, crocodiles, sharks; The works of shrouding, the corpse bury, corpses burning,

graves loading and The works that are often in the poor air, strong pressures…

The workers working abroad are not allowed to work in the following areas: Areas under war or at risk of hostilities, areas being contaminated with radiation, areas being poisoned and areas with particularly dangerous epidemics.

In addition, the Decree also stipulates that the enterprise proving the guest work service must be established and operates in accordance with the law of Vietnam and have the legal capital of not less than VND 05 billion; owner, all members and shareholders are domestic investors.

TO SUPPLEMENT 01 INVESTMENT INCENTIVES LINE
 

On March 30, 2020, the Government issues the Decree No. 37/2020/ND-CP on supplementing the List of sectors and trades eligible for investment incentives issued together with the Decree No. 118/2015/ND-CP of the Government dated November 12, 2015 on detailing and guiding the implementation a number of Articles in the Law on Investment.

Accordingly, to supplement 01 line in to the List of sectors and trades eligible for investment incentives issued together with the Decree No. 118/2020/ND-CP. To be specific, lines

and trades supplemented in the List including: Investment on trading in product distribution chains of small- and medium-sized enterprises; Investment on trading of incubation institution of small- and medium-sized enterprises; Investment on trading of technical support institution of small- and medium-sized enterprises; Investment on trading of common working space for small- and medium-sized enterprises on creative start-up.

TO GUIDE PAYMENT AND MONEY TRANSFER ACTIVITIES
RELATED TO THE GOODS TRANSSHIPMENT BUSINESS
 

On March 30, 2020, the State Bank of Vietnam promulgates the Circular No. 02/2020/TT-NHNN on providing guidance on the payment and money transfer activities related to the goods transshipment business.

Accordingly, a trader is only permitted to pay and transfer money in the same transshipment transaction in accordance with the goods purchase contract and the sale contract of such goods at the same permitted bank.

Concurrently, a trader is prohibited from using vouchers of one goods transshipment transaction to purchase foreign

currencies, make a payment and transfer money at many permitted banks.

On the other hand, the State Bank also stipulates the specific responsibility of the permitted banks. To be specific: When conducting transactions of selling foreign currencies, payment and money transfer related to the goods transshipment business for customers, the permitted banks shall be responsible for reviewing, inspecting and storing documents and vouchers in compliance with actual transactions to ensure the supply of foreign exchange services to be performed as prescribed.

This Circular takes effect on May 15, 2020.

TO EXEMPT FROM SPECIALIZED INSPECTION
FOR GOODS WITH CUSTOMS VALUE LESS THAN VND 1 MILLION
 

On March 30, 2020, the State Bank of Vietnam promulgates the Circular No. 02/2020/TT-NHNN on providing guidance on the payment and money transfer activities related to the goods transshipment business.

Accordingly, a trader is only permitted to pay and transfer money in the same transshipment transaction in accordance with the goods purchase contract and the sale contract of such goods at the same permitted bank.

Concurrently, a trader is prohibited from using vouchers of one goods transshipment transaction to purchase foreign

currencies, make a payment and transfer money at many permitted banks.

On the other hand, the State Bank also stipulates the specific responsibility of the permitted banks. To be specific: When conducting transactions of selling foreign currencies, payment and money transfer related to the goods transshipment business for customers, the permitted banks shall be responsible for reviewing, inspecting and storing documents and vouchers in compliance with actual transactions to ensure the supply of foreign exchange services to be performed as prescribed.

This Circular takes effect on May 15, 2020.

4 KEY FOCAL POINTS OF TOURIST INVESTMENT IN DA NANG
 

This content is prescribed in the Decision No. 393/QD-TTg dated March 18, 2020 of the Prime Minister on approving the adjusted overall master plan on socio-economic development of Da Nang city through 2020, with a vision toward 2030.

Specific objectives on economic by 2020, Da Nang strives to reach economic growth in the 2016-2020 period of 8-9% per year; economic structure: service sector, 64-65%, industry-construction sector, 33-34%, and agricultural sector, 1-2%.

Regarding environment, the rate of collected and treated solid wastes will reach 95%; the rate of domestic wastewater collected and treated up to prescribed standards before being discharged into the environment will reach 60.

Da Nang shall focus on developing sea tourism with diversified resort models; meetings, incentives, conferences and exhibitions (MICE) tourism which is driven by the organization of international events and a highly competitive business environment and ecotourism, and tours to learn regional history and culture...

Especially, four focal points of tourist investment include: Son Tra will become a high-class eco-tourism site, associating tourism with conservation of nature and biodiversity; Da Nang Bay will become a "sea urban center" with unique characteristics; Downtown, shopping streets and traditional restaurants; and Entertainment projects, peripheral tourist sites and regional connectivity activities.

This Decision takes effect on the signing date.
 

C/O MUST BE ISSUED 03 DAYS AFTER EXPORTATION
 

On March 30, 2020, the Ministry of Industry and Trade promulgates the Circular No. 07/2020/TT-BCT on amending and supplementing a number of Articles of the Circular No. 31/2015/TT-BCT dated September 24, 2015 of the Ministry of Industry of Trade on the implementation of rules of origin in the Agreement establishing the ASEAN – Australia – New Zealand Free Trade Area.

Accordingly, the Ministry of Industry and Trade amends the regulation on duration of issuing C/O in Appendix III of the Circular No. 31/2015/TT-BCT. To be specific, the C/O shall be issued as soon as possible to, but no later than three (03) working days after the date of exportation; in the former regulation, this duration shall be calculated from the date of exportation.

In addition, the Ministry of Industry and Trade also supplements the regulation on interpretation of regulation related to the implementation of the Chapter on Rules of Origin. Those instructions and unanimous interpretations shall be alternative agreed by the member countries or be agreed on the report of the implementation meeting of the Sub-Commission on Rules of origin (RC-ROO), the Commission of the Goods (CTG) and the Federal Joint Commission (FJC) within the framework of the implementation of the Agreement. Those instructions shall be the basis for C/O issuing agencies and real customs authorities in implementation.

IMPORTED LIQUOR IN TANK
SHALL NOT BE AFFIXED WITH STAMP
 

On March 23, 2020, the Ministry of Finance issues the Circular No. 15/2020/TT-BTC on instruction of printing, issuance, management and use of stamps for liquor produced for domestic consumption and for imported liquor.

Accordingly, there are 03 cases that not require to affix stamp on the packaging of liquor product: Liquor manually produced for sale to enterprises having liquor industrial production licenses for further processing; Imported semi-finished liquors as prescribed in Article 3 of the Decree No. 105/2017/ND-CP; Imported liquors as prescribed in Article 13 of the Decree No. 105/2017/ND-CP.

In addition, this Circular also regulates that the stamp shall be affixed across the position where the liquor can be taken on the packaging of liquor product (on the cap of the bottle, lid of the jar, opening cover of the can, the tap of the barrel

or similar position) to ensure that when the bottle opened, the stamp shall be torn and not reusable. In case of importing large barrel and tank for extracting into bottles or producing finished liquor, such barrel and tank shall not have to be affixed with stamps.

The importing enterprise shall carry out and bear responsibility on stamp affix for bottled liquor which imported through border gate. The enterprise shall report to the customs agency where register importing procedures for actual quantity before clearance.  For finished liquors in barrel and tank imported for domestic bottle, enterprise shall carry out and bear responsibility on stamp affix for imported liquor at establishments of such enterprise before being marketed for consumption.

This Circular takes effect on May 07, 2020.

PERSON PARTICIPATING IN THE COVID-19 PANDEMIC PREVENTION
SHALL BE ENTITLED TO AN ALLOWANCE OF ABOUT VND 300,000/DAY
 

This is the important content that has been approved by the Government in the Resolution No. 37/NQ-CP dated March 29, 2020 on some specific regimes in prevention and control of the COVID-19 pandemic.

Accordingly, the pandemic prevention and control allowance of VND 300,000/day, including weekends and holidays is provided for: A person directly examining, diagnosing and treating the infected cases in the medical examination and treatment establishment.

In additional, the pandemic prevention and control allowance of VND 200,000/day, including weekends and holidays is provided for: A person transiting patients and patient’s samples; preserving patient’s corpses; washing

cloth, doctors and patients’ clothes; health staff carrying out epidemiological surveillance and medical surveillance at home and medical isolation establishments as directed by state management agencies...

Besides, the Government also decides the meal allowance for the isolated person is VND 80,000/day during the isolation period. A person subject to medical isolation shall be provided with free drinking water, face towels, medical masks, hand sanitizers, oral antiseptic solutions, toothbrushes, shower soaps and other essentials to meet daily needs during the isolation period with total costs of VND 40,000/day.

This Resolution takes effect on the signing date.
 

THE PLAN ON IMPLEMENTATION OF THE UNITED NATIONS’ GLOBAL COMPACT
 FOR SAFE, ORDERLY AND REGULAR MIGRATION
 

On March 20, 2020, the prime Minister issues the Decision No. 402/QD-TTg on promulgating the plan on implementation of the United Nations’ Global Compact for Safe, Orderly and Regular Migration.

Accordingly, to on implementation of the United Nations’ Global Compact for Safe, Orderly and Regular Migration (GCM), the Government shall carry out the following tasks:

At first, to post on the Ministry of Foreign Affairs’ web-portal clear and transparent information about migration (including guidance, advices, recommendations, and warnings about international migration; foreign labor markets; visa policies; rights of migrants, etc.).

In addition, to study incorporating migration-related contents in population and housing censuses for making additional migration surveys. Simultaneously, to apply information technology in registration of, and provision of assistance to, overseas Vietnamese citizens, with a view to providing basic information about Vietnamese citizens migrating abroad for different purposes.

Besides, the Government also requires that relevant agencies shall review legal documents concerning international migration before proposing competent authorities to revise or annul them or promulgate new ones to suit practical conditions and promptly address problems arising in the course of implementation of the GCM.

This Decision takes effect on the date of its signing.