Legal Document Updates in English (21/2022)

SUPPLEMENT EXPENDITURES FOR FORMULATING 10-YEAR ADMINISTRATIVE REFORM OUTLINES

This content is prescribed in the Ministry of Finance’s Circular No. 33/2022/TT-BTC dated June 09, 2022, amending and supplementing a number of articles of the Minister of Finance's Circular No. 26/2019/TT-BTC dated May 10, 2019, guiding the formulating, management, usage and finalization of budget for state administrative reform.

Specifically, to add regulations on expenses for formulating outlines for 10-year administrative reform programs and plans; formulating thematic and periodical administrative reforms reports.

Regarding expenses for formulating outlines for 10-year administrative reform programs and plans; expenses for the formulation of administrative reform monitoring and evaluating indicators for ministries, central authorities, and localities; expenses for organizing meetings to give opinions

and appraisal of outlines for 10-year administrative reform programs and plans, etc., the regulations on the level of expenses for the formulation of programs, projects, and plans specified in the Joint Circular No. 14/2014/TTLT-BTC-BTP shall be complied with.

Besides, expenses for formulating electronic information to serve the propaganda on administrative reform shall comply with regulations on management of investment in information technology application using state budget capital and relevant laws; economic-technical norms in the field of information and communications instead of the Circular No. 194/2012/TT-BTC.

This Circular takes effect on August 15, 2022.

ADJUST REGULATIONS ON COLLECTION AND USE OF CHARGES FOR TELECOMMUNICATIONS OPERATION RIGHT

On June 09, 2022, the Ministry of Finance issues the Circular No. 32/2022/TT-BTC amending and supplementing a number of articles of the Ministry Finance’s Circular No. 273/2016/TT-BTC dated November 14, 2016, on defining the collection rates, exemption, regime of collection, remittance, management and use of charges for telecommunications operation rights and fees for grant of telecommunications service business licenses and licenses for telecommunications operations.

Accordingly, charge and fee collectors shall declare the collected charge and fee amounts on a monthly basis and make final accounts on an annual basis as specified in the Law on Tax Administration and the Government’s Decree No. 126/2020/ND-CP detailing a number of articles of the Law on Tax Administration. Charge and fee collectors shall remit 100% of the collected charge and fee amounts to the State Budget according to chapters, subsections of the State Budget Index. As in the previous regulations, charge and fee collectors shall declare the collected charge and fee amounts

on a monthly basis and make final accounts on an annual basis under the instructions provided in the Circular No. 156/2013/TT-BTC and Decree No. 83/2013/ND-CP.

In addition, units assigned to collect charges by the Ministry of Information and Communications shall remit 100% of the collected charge amounts to the State Budget. Funding for service provision and charge collection shall be included in State budget estimates of the collectors based on state budget expenditure norms under regulations of law.

In case the collectors are  subject to allocation of fixed operating funds from charge revenues under  Clause 1 Article 4 of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016, on detailing and guiding a number of articles of the Law on Fees and Charges, they shall retain 4% of the total collected charge amount to spend on providing service, and collecting charge, the remaining 96% shall be remitted into the State budget.

This Circular takes effect from August 01, 2022.

INCREASE REGION-BASED MINIMUM WAGE LEVELS FROM JULY 01

The Decree No. 38/2022/ND-CP prescribing region-based minimum wage levels applicable to employees working under labor contracts is issued on June 12, 2022 by the Government.

Accordingly, monthly region-based minimum wage levels applicable to employees are increased to 4,680,000 VND/month; 4,160,000 VND/month; 3,640,000 VND/month and 3,250,000 VND/month in region I; region II; region III and region IV, respectively.

Hourly region-based minimum wage levels are 22,500 VND/hour; 20,000 VND/hour; 17,500 VND/hour and 15,600 VND/hour in region I; region II; region III and region IV, respectively.

For workers who are paid on a daily or weekly basis, or who are paid based on piece work or products turned out, their salary, when converted into the monthly or hourly rate, must not be lower than the

monthly or hourly minimum wage level. To be specific:

The salary converted into the monthly rate shall be equal to the weekly wage multiplied by 52 weeks, divided by 12 months; or the daily wage multiplied by the number of normal working days in a month; or the salary paid based on piece work or products turned out in the normal working hours of the month.

The salary converted into hourly rate shall be equal to the weekly or daily wage, divided by the number of normal working hours in a week or a day; or the salary that is paid based on piece work or products turned out divided by the number of working hours in the normal working time for the production or piece work implementation.

This Decree takes effect on July 01, 2022.

AMENDMENT TO DOSSIERS OF APPLICATION FOR DOMESTIC SHIPPING LICENSES

On June 16, 2022, the Ministry of Transport issues the Circular No. 08/2022/TT-BGTVT on amending and supplementing a number of articles of Circulars related to business activities in the maritime sector.

Accordingly, for the procedures for registering the transportation of passengers on fixed waterway transportation routes from mainland shores to islands, an organization or individual shall send the dossier of registering the transportation of passengers on fixed routes directly or via postal system to the regional Maritime Administration or through online public service system.

Such a dossier includes: Registration document for the operation of transporting passengers; Written consensus or contract signed with the organization managing port, harbor serving means entering for embarking and disembarking passengers; Copies enclosed with originals for comparison or legally valid electronic copies issued by competent authorities of certificates as specified.

Within 05 working days after receiving full dossier, the regional Maritime Administration shall review the dossier, in case of sufficient dossier in accordance with regulation, it shall send a written approval for transportation of passengers on fixed routes directly or via postal system or through online public service system to the organization or individual. If the dossier is incomplete or invalid, it shall return the dossier and issue the written reply, clearly stating reason thereof.

For the shipping agency contract or the foreign shipowner’s agent appointment letter or the ship charter contract between the foreign shipowner and the Vietnamese legal person in the dossier of application for domestic shipping licenses, 01 copy from the original book or copy enclosed with original for comparison or a legally valid electronic copy issued by competent authorities (instead of 01 notarized copy of the shipping agency contract or 01 certified copy as specified by the recent regulations) is required.

This Circular takes effect on June 16, 2022.