Legal Document Updates in English (18/2022)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

31/2022/ND-CP

Decree No. 31/2022/ND-CP dated May 20, 2022 of the Government on interest rate support from the State budget for loans of enterprises, cooperatives and business households

 

Provide 2% interest rate support package for enterprises

Page 2

2

03/2022/TT-NHNN

Circular No. 03/2022/TT-NHNN dated May 20, 2022 of the State Bank of Vietnam guiding commercial banks to implement interest rate support according to the Government's Decree No. 31/2022/ND-CP dated May 20, 2022 on interest rate support from the State budget for loans of enterprises, cooperatives, business households

 

Guide commercial banks to implement interest rate support for enterprises’ loans

Page 2

INSURANCE

 

INSURANCE

3

69/NQ-CP

Resolution No. 69/NQ-CP dated May 19, 2022 of the Government on the assignment of targets to increase the number of social insurance participants

 

Assign targets to increase the number of social insurance participants

Page 2

LAND – HOUSING

 

LAND – HOUSING

4

10/2022/QD-TTg

Decision No. 10/2022/QD-TTg dated April 06, 2022 of the Prime Minister prescribing orders and procedures for approving the change of land use purpose of land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares; land for special-use forests, watershed protection forests with an area under 50 hectares

 

Order for approving the use purpose change of under-50 hectare land for special-use forests

Page 3

FINANCE – BANKING

 

FINANCE – BANKING

5

23/2022/TT-BTC

Circular No. 23/2022/TT-BTC dated April 06, 2022 of the Ministry of Finance guiding the state financial management for foreign non-refundable aid belonging to the State budget revenues

 

Financial management of aid amounts in cash to support the budget

Page 3

EXPORT – IMPORT

 

EXPORT – IMPORT

6

493/QD-TTg

Decision No. 493/QD-TTg dated April 19, 2022 of the Prime Minister on approval of the goods import and export strategy toward 2030

 

Goods export growth rate shall be on average of 6-7% per year in the 2021-2030 period

Page 3

COMMERCE

 

COMMERCE

7

08/2022/TT-BCT

Circular No. 08/2022/TT-BCT dated May 20, 2022 of the Ministry of Industry and Trade repealing the Circular No. 28/2011/TT-BCT dated July 21, 2011 of the Minister of Industry and Trade on guiding the management of petrol and oil trading in border areas

 

Repeal the Circular guiding the management of petrol and oil trading in border areas

Page 4

CULTURE – SPORT – TOURISM

 

CULTURE – SPORT – TOURISM

8

30/2022/ND-CP

Decree No. 30/2022/ND-CP dated May 19, 2022 of the Government prescribing the management model of national tourist areas

 

3 types of organizations managing national tourist areas

Page 4

 

SUMMARY:

 

Ü ENTERPRISE

PROVIDE 2% INTEREST RATE SUPPORT PACKAGE FOR ENTERPRISES

This noticeable is prescribed in the Government’s Decree No. 31/2022/ND-CP dated May 20, 2022, on interest rate support from the State budget for loans of enterprises, cooperatives and business households.

Specifically, enterprises, cooperatives and business households falling into one of the following cases shall be entitled to interest rate support:

Firstly, having a purpose of using loans belonging to one of the sectors registered for trading as prescribed in the Decision No. 27/2018/QD-TTg, including: aviation, transportation and storage (H), tourism (N79), accommodation and food service (I), education and training (P), etc.; including construction activities directly serving the above-mentioned economic sectors but excluding construction activities for the purpose of real estate business specified in the economic sector (L) under the Decision No. 27/2018/QD-TTg.

Secondly, having a purpose of using loans to perform social housing projects or projects of building houses for workers,

 

or renovation of old condominiums in the lists synthesized and announced by the Ministry of Construction.

The support interest rate for customers is 2%/year, calculated on the loan balance and the actual interest rate support term. The support duration shall be counted from the date of disbursement of the loan amounts to the time the customer fully pays the loan principal and/or interest as agreed between the commercial bank and the customer, in line with the announced funding source for interest rate support, but no later than December 31, 2023.

By the payment deadline of each interest payment term, the commercial bank shall reduce for the customer an amount that is equal to the loan interest amount provided with interest rate support in the period under the instructions of the State Bank of Vietnam. The Governor of the State Bank of Vietnam shall guide commercial banks to provide interest rate support, specifying management methods to ensure the total supported amount not exceeding 40,000 billion VND.

This Decree takes effect on the date of its signing.

GUIDE COMMERCIAL BANKS TO IMPLEMENT
INTEREST RATE SUPPORT FOR ENTERPRISES’ LOANS

On May 20, 2022, the State Bank of Vietnam issues the Circular No. 03/2022/TT-NHNN guiding commercial banks to implement interest rate support according to the Government's Decree No. 31/2022/ND-CP dated May 20, 2022 on interest rate support from the State budget for loans of enterprises, cooperatives, business households.

Specifically, by the payment deadline of each interest payment term, commercial banks may provide interest rate support to customers by one of the following methods:

Firstly, directly reducing the customer's loan interest amount that is equal to the loan interest amount provided with interest rate support.

Secondly, collecting the entire loan interest from the customer in the period and refund the customer the loan interest amount provided with interest rate support on the same day of interest collection. In case where the collection

 

of loan interest in the period is performed after working hours of commercial banks, the refund may be done on the next day.

Noticeably, commercial banks provide interest rate support to customers in the order prioritizing the time the interest is paid within the announced interest rate support limit, whichever comes first. In case during the interest rate support process, the remaining interest rate support amount is not enough to support interest payment obligations at the same time of debt repayment, the commercial banks shall provide interest rate support in the order that the customers who have signed the loan agreements should be supported first, and officially announce that on the website of such commercial banks.

This Circular takes effect from May 20, 2022.

Ü INSURANCE

ASSIGN TARGETS TO INCREASE THE NUMBER OF SOCIAL INSURANCE PARTICIPANTS

The Resolution No. 69/NQ-CP on the assignment of targets to increase the number of social insurance participants is issued on May 19, 2022 by the Government.

Accordingly, People’s Committees at all levels shall continue to base themselves on the criteria and methods for setting targets specified in the Government’s Resolution No. 102/NQ-CP of August 3, 2018, to set targets to increase the number of social insurance participants in their localities and submit them to the same-level People’s Councils for inclusion in their annual socio-economic development targets.

Besides, the Ministry of Labor, Invalids and Social Affairs shall guide, monitor, examine and urge localities to set and implement targets to increase the number of social insurance participants under regulations;

 

and annually summarize the implementation of targets to increase the number of social insurance and unemployment insurance participants of localities, as well as problems arising in the course of implementation for reporting to the Prime Minister.

The Vietnam Social Security shall urge and direct provincial-level social insurance agencies to proactively coordinate with related local agencies and units in setting and implementing targets to increase the number of social insurance participants so as to achieve the objectives set forth under Resolution No. 28-NQ/TW of May 23, 2018, of the 7th Plenum of the XIIth Party Central Committee, on reform of social insurance policies, and relevant regulations.

This Resolution takes effect on the date of its signing.

Ü LAND – HOUSING

ORDER FOR APPROVING THE USE PURPOSE CHANGE OF
UNDER-50 HECTARE LAND FOR SPECIAL-USE FORESTS

The Prime Minister promulgates the Decision No. 10/2022/QD-TTg prescribing orders and procedures for approving the change of use purpose of land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares; land for special-use forests, watershed protection forests with an area under 50 hectares on April 06, 2022.

Accordingly, this Decision applies to cases of changing the use purpose of land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares in Hai Phong city and Can Tho city; cases of changing the use purpose of land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares; land for special-use forests, watershed protection forests with an area under 50 hectares in Nghe An province and Thanh Hoa province.

The investor or project owner wishing to change the land use purpose shall register the demand for land use at the district-level People's Committee where the project is implemented. The district-level People's Committee shall be responsible

 

for summarizing and submitting to the Department of Natural Resources and Environment for carrying out the procedures for changing the land use purpose. For a project in the area of 02 districts or more, the project owner or investor shall register directly with the Department of Natural Resources and Environment where the project is implemented.

Within 15 days from the date on which a complete and valid dossier to carry out the procedures for changing the land use purpose is received, the Department of Natural Resources and Environment shall coordinate with the related organizations and agencies to consult their issues. Within 15 days from the date on which the consultation process is completed, to summarize, explain, collect opinions and compile a dossier and submit such dossier to the provincial-level People's Committee for appraisal and submit the appraised dossier to provincial-level People's Council for consideration and approval.

This Decision takes effect from the date of signing.

Ü FINANCE – BANKING

FINANCIAL MANAGEMENT OF AID AMOUNTS IN CASH TO SUPPORT THE BUDGET

The Circular No. 23/2022/TT-BTC guiding the state financial management for foreign non-refundable aid belonging to the State budget revenues is issued on April 06, 2022 by the Ministry of Finance.

According to this Circular, for aid amounts in cash to support the budget, the Ministry of Finance shall, based on aid treaties and agreements, coordinate with sponsors in disbursing aid to the State budget and transferring foreign currencies to the centralized foreign currency fund of the State budget.

For targeted budget support aid amount, after disbursing to the State budget according to the above-mentioned provisions, if the aid is permitted by competent authorities to be used for specific programs or projects, based on the approved state budget revenue and expenditure estimate,

 

the decision on approval of the program or project and the implementation schedule of a specific program or project, the program or project owner shall withdraw estimates from the State Treasury according to regulations.

Besides, for aid amounts in cash for programs, projects and non-projects implemented by Vietnamese program and project owners, the disbursement of aid from an account opened at the State Treasury or a commercial bank shall be based on the aid agreement, the decision approving the program, project or non-project by competent authorities and state budget expenditure estimates; implementation progress of programs and projects and confirmation of expenditure control by the State Treasury.

This Circular takes effect on May 20, 2022.

Ü EXPORT – IMPORT

GOODS EXPORT GROWTH RATE SHALL BE ON AVERAGE OF
 6-7% PER YEAR IN THE 2021-2030 PERIOD

On April 19, 2022, the Prime Minister promulgates the Decision No. 493/QD-TTg on approval of the goods import and export strategy toward 2030.

Accordingly, the Strategy’s specific objectives include: Goods export growth rate shall be on average of 6-7% per year in the period of 2021-2030; Goods import growth rate shall be on average of 5-6% per year in the period of 2021-2030; To balance the trade balance in the period of 2021-2025, towards maintaining a sustainable trade surplus in the period of 2026-2030, etc.

Besides, the orientation of goods export includes promoting in-depth restructuring of exported goods,

 

accelerating industrialization and modernization; increasing the proportion of exported products with added value, with science - technology content, high innovation content, green economic products, circulatory economy, eco-friendly products.

Funding sources for the implementation of the Strategy shall be arranged from the following sources: state budget, enterprise capital, sponsorship, aid and other lawfully mobilized capital sources as prescribed by law; in which the state budget is partly supportive according to its balancing ability.

This Decision takes effect from the signing date.

Ü COMMERCE

REPEAL THE CIRCULAR GUIDING THE MANAGEMENT
OF PETROL AND OIL TRADING IN BORDER AREAS

The Ministry of Industry and Trade issues the Circular No. 08/2022/TT-BCT on May 20, 2022.

Specifically, repealing the Circular No. 28/2011/TT-BCT dated July 21, 2011 of the Minister of Industry and Trade on guiding the management of petrol and oil trading in border areas.

 

The Director of the Domestic Market Department, heads of units under the Ministry of Industry and Trade, relevant agencies, organizations and individuals shall be responsible for implementing this Circular.

This Circular takes effect on the signing date.

Ü CULTURE – SPORT – TOURISM

3 TYPES OF ORGANIZATIONS MANAGING NATIONAL TOURIST AREAS

The Decree No. 30/2022/ND-CP prescribing the management model of national tourist areas is promulgated on May 19, 2022 by the Government.

Accordingly, types of organizations managing national tourist areas include: National tourist area management units under the management of ministries or ministerial-level agencies; National tourist area management boards under the management of the People Committees of provinces or centrally-run cities (hereinafter referred to as the provincial-level People Committees); Enterprises investing in the formation of national tourist areas.

The organizational structure and operation of enterprises investing in the formation of national tourist areas shall comply with the law provisions on enterprises and relevant laws. Enterprises investing in the formation of national tourist areas have the following duties and powers: To maintain

 

order and safety for tourists, fire prevention and fighting, rescue; To study, evaluate and determine the capacity of the national tourist areas in order to manage and organize the efficient, sustainable exploitation and use of tourism resources.

Besides, such enterprises also provide tour guide services for tourists; provide auxiliary services for the development of national tourist areas; develop products and brands of the national tourist areas; international cooperation programs; organize promotional activities to introduce the national tourist areas; run tourist support centers, provide information related to the national tourist areas; manage activities of tour guides at the sites, etc.

This Decree takes effect on August 01, 2022.

 

 

 

 

 

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