Legal Document Updates in English (21/2020)

FROM JULY 10, TO IMPOSE THE INCENTIVE DUTY RATE
OF 0% FOR MANY IMPORTED COMPONENTS FOR AUTOMOBILE ASSEMBLE
 

On May 25, 2020, the Government promulgates the Decree No. 57/2020/ND-CP on amending and supplementing a number of articles of the Decree No. 122/2016/ND-CP dated September 01, 2016 on the Export Tariff, the Preferential Import Tariff and the list of commodity items and their specific duty rates, combined duty rates and out-of-quota duty rates and the Decree No. 125/2017/ND-CP dated November 16, 2017 on amending and supplementing a number of articles of the Decree No. 122/2016/ND-CP.

To be specific, at the time of registering customs declarations, the customs declarants shall declare and pay import duty of imported raw materials, supplies and components at ordinary duty rates, preferential duty rates or especially preferential duty rates under current regulations, not yet apply the duty rate of 0%.

TO REDUCE THE RATES
OF MANY AVIATION CHARGES AND FEES
 

On May 27, 2020, the Ministry of Finance issues the Circular No. 46/2020/TT-BTC on providing for the rates and remittance of aviation charges and fees in order to remove difficulties for enterprises affected by the Covid-19 pandemic.

Regarding charge rates for registration of security transactions involving aircraft and appraisal charge rates for grant of certificates and licenses in civil aviation operations; grant of licenses for entry into and exit from restricted areas in airports and airfields, the charge rates to be remitted are equal 80% of the current charge rates.

The above-mentioned reduction shall be applied from May 27, 2020 until the end of December 31, 2020. From January 01, 2021, the charge and fee rates to be remitted shall comply with the current regulations.

FROM JULY 15, MORE TYPES OF DOCUMENTS CAN BE REPLACED
 IN THE DOSSIER OF REQUEST FOR UNEMPLOYMENT ALLOWANCE
 

On May 29, 2020, the Government issues the Decree No. 61/2020/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 on detailing a number of articles of the Law on Employment regarding unemployment insurance.

Accordingly, the Government supplements many types of documents to be used in the dossier of request for unemployment allowance. To be specific: in addition to the labor contract or the decision on work cessation, a worker may submit an original or a certified true copy or a copy enclosed with an original for comparison of one of the following documents to certify about the termination of a labor contract or working contract:

Firstly, the confirmation of an employer, which contains specific contents on information about the worker; type of

the signed labor contract; reason and time of termination of a labor contract with the worker.

Secondly, the confirmation of the competent State agency about the dissolution or bankruptcy of an enterprise or a cooperative or the decision on dismissal or demotion of titles appointed in case the worker is the manager of the enterprise or cooperative.

Especially, if the worker does not have documents confirming the termination of the labor contract because the unit employing such worker has no legal representative and the person authorized by the legal representative, the Department of Labor, War Invalids and Social Affairs or the provincial Social Security shall send a written request to the Department of Planning and Investment for certifying and response about the above-mentioned contents within 10 working days.

 
THE CONTRIBUTION RATE TO THE OCCUPATIONAL ACCIDENT
 AND DISEASE INSURANCE FUND IS AT LEAST 0.3%
 

On May 27, 2020, the Government issues the Decree No. 58/2020/ND-CP on the rate of contribution to the occupational accident and disease insurance fund.

Accordingly, the normal contribution rate to the occupational accident and disease insurance Fund equal to 0.5% of the salary fund used as a basis for payment of social insurance premiums (applicable to the employees who are cadres, civil servants, public employees, and persons of the armed forces of Party and State agencies, etc.). The contribution rate equal to 0.3% of the salary fund used as a basis for payment of social insurance premiums shall be applicable to the enterprises that satisfy the conditions as prescribed.

DURING COVID-19 PANDEMIC: APPLY PHOTO OR SCAN COPY OF C/O
MAY BE ALLOWED FOR CUSTOMS CLEARANCE
 

On May 27, 2020, the Ministry of Finance issues the Circular No. 47/2020/TT-BTC on promulgating the deadline for submission of documents on certification of origin and forms of documents on certification of origin of imported goods amid the outbreak of the acute respiratory caused by a new strain of Corona virus (COVID-19).

To be specific, in case imported goods are subject to special preferential tax rates, customs declarants shall submit documents on certification of origin as follows:

Firstly, the certificate on the origin of goods (C/O) using the digital signature and electronic seal. Customs agencies shall accept C/O with the digital signature and electronic seal provided that competent agencies of the exporting countries have informed of the issue of C/O with the digital signature and electronic seal and provided customs agencies their electronic portals or other methods to lookup C/O.

Secondly, photo or scan version of C/O. Customs agencies shall accept C/O photo/scan versions provided that competent agencies of the exporting countries have informed of the use of C/O photo/scan versions and provided C/O photo/scan versions or provided customs agencies their electronic portals or other examination methods to determine the validity of C/O.

Noticeably, in cases where it is compulsory to submit documents on certification of origin of imported goods, as prescribed in Clause 2, Article 4 of the Circular No. 38/2018/TT-BTC, custom declarants are allowed to submit a C/O photo/ scan version for customs clearance. Customs declarants shall be responsible for submitting an original version of C/O within 180 days from the day on which the import customs declaration form is registered.

TO REDUCE 50% OF REGISTER FEE
FOR DOMESTIC MANUFACTURED AND ASSEMBLED AUTOMOBILE
 

This is the new content issued by the Government in the Resolution No. 84/NQ-CP regarding the tasks and solutions to continue to remove difficulties in production and business, accelerate the disbursement of public investment and ensure social order and safety in the context of Covid-19 pandemic on May 29, 2020.

Continue to remove difficulties for production business, accelerate the disbursement of public investment, ensuring order an entire society to only maintain growth momentum of the economy, striving to achieve the highest goals, the socio-economic development tasks have been set by the National Assembly through the following tasks and solutions:

Foremost, not to criminalize economic and civil relations. At the same time, reduce 15% of the land rent to be paid in 2020 for enterprises, organizations, households and

individuals that are directly leased land by the State according to Decision or contract of competent State agency in the form of annual rent payment, who has to stop production and business due to the effect of Covid-19 pandemic.

Next, to exempt the guarantee fee arising in 2020 for government-guaranteed loans to aviation enterprise with no outstanding loans until December 31, 2019.

In addition, the Government also decides to reduce by 50% the price takeoff, landing ships flying and operating services prices fly away, come for flights flying inland from March to the end of September, 2020 and reduce 2% interest rates for direct loans, indirect loans for small and medium enterprises from the Small and Medium Enterprises Development Fund…

 
TO CONDUCT AUTOMATED CLEARINGHOUSE
 FOR RETAIL PAYMENT TRANSACTIONS BEFORE DECEMBER 15
 

Accordingly, the Prime Minister request the State Bank of Vietnam to direct the construction and development of the automated clearinghouse for retail payment transactions (ACH), officially put into operation and deploying the service before December 15, 2020. Besides, the State Bank also needs to continue to study and apply know-your-customer (KYC) solutions using electronic devices; concurrently, to

strengthen the inspection, supervision, monitoring, prevention and combating of money laundering, etc.

THE GOVERNMENT AGREES TO SIGN
THE MEMORANDUM OF UNDERSTANDING WITH THE WEF
 

This content is prescribed by the Government in the Resolution No. 78/NQ-CP dated May 22, 2020, regarding the Government of the Socialist Republic of Vietnam signing a Memorandum of Understanding with the World Economic Forum (WEF) on the Fourth Industrial Revolution Connected Center of Vietnam.

To be specific: To agree with contents of the Memorandum of Understanding between the Government of the Socialist Republic of Vietnam with the World Economic Forum on the Fourth Industrial Revolution Connected Center of Vietnam.

The Government authorizes the Minister of Information and Communications to sign in the above-mentioned Memorandum of Understanding with the World Economic Forum. Concurrently, the Ministry of Finance shall provide guidance and allocate funding from the State budget for the Ministry of Information and Communications to contribute an annual fee of the first year (equivalent to USD 01 million) to the World Economic Forum. Such amount shall be paid within 06 months from the date of announcement of the Agreement and the opening date of the Fourth Industrial Revolution Connected Center of Vietnam…

JUDGMENT EXECUTION IS STILL ORGANIZED
EVEN WHEN THE SUMMONED PERSON IS INTENTIONAL ABSENCE
 

This content is prescribed by the Government in the Decree No. 55/2020/ND-CP on detailing a number of articles of the Law on Execution of Criminal Judgments regarding judgment execution against commercial legal persons on May 22, 2020.

Accordingly, within 03 working days from the date on which the judgment execution decision is received, the criminal judgment execution agency must send a written summon to the legal representative of the commercial legal person to notify and request a judgment execution.

In case the summoned person cannot be present according to the request for summoning due to the force majeure reasons or objective disincentives, he/she must report in writing and such absence must be approved in writing by the criminal judgment execution agency. In such case, the

criminal judgment execution agency may postpone the working session to another time but must not exceed 10 days from the date on which the judgment execution decision is received.

Noticeably, in case the summoned person intentionally does not show up within the time limit for the summoning, the criminal judgment execution agency shall make a record of the absence and continue to carry out the judgment execution.

In addition, within 03 working days from the date on which the judgment execution decision is received, the criminal judgment execution agency must prepare a judgment execution file for each commercial legal person.

37 BORDER GATES
 ALLOW FOREIGN TO ENTRY AND EXIT BY E-VISA
 

On May 25, 2020, the Government issues the Resolution No. 79/NQ-CP on providing the List of countries whose citizens are eligible for pilot grant of e-visas and list of border gates permitting foreigners’ entry into and exit with e-visas.

The List of countries whose citizens are eligible for pilot grant of e-visas as prescribed in Clause 10 Article 1 of the Law on amending and supplementing a number of Articles of the Law on Foreigners’ entry into, exit from, transit through and residence in Vietnam dated November 25, 2019 includes: Argentina; Ireland; Iceland; Austria; Poland; Belarus; Brazil; Canada; Chile; Cuba; Italia; Latvia; Mexico; Peru; France…

In addition, this Resolution also details the List of international border gates allow foreign to entry and exit with e-visas, include:

Firstly, 08 airway border gates: Noi Bai, Tan Son Nhat, Cam Ranh, Da Nang, Cat Bi, Can Tho, Phu Quoc, Phu Bai.

Secondly, 16 roadway border gates: Tay Trang (Dien Bien); Mong Cai (Quang Ninh); Huu Nghi (Lang Son); Lao Cai (Lao Cai); Na Meo (Thanh Hoa); Cau Treo (Ha Tinh); La Lay (Quang Tri); Lao Bao (Quang Tri); Xa Mat (Tay Ninh); Ha Tien (Kien Giang); Song Tien (An Giang); Moc Bai (Tay Ninh); Bo Y (Kon Tum); Nam Can (Nghe An); Cha Lo (Quang Binh); Tinh Bien (An Giang).

Thirdly, 13 port border gates: Hon Gai Port (Quang Ninh); Cam Pha Port (Quang Ninh); Hai Phong Port (Hai Phong City); Nghi Son Port (Thanh Hoa); Vung Ang port (Ha Tinh); Chan May Port (Thua Thien Hue); Danang Port (Danang City); Nha Trang port (Khanh Hoa); Quy Nhon Port (Binh Dinh); Ho Chi Minh City Port Ho Chi Minh City); ...