Legal Document Updates in English (17/2020)

THE CHARGE FOR EXPLOITING AND USING
 DATA ON ENVIRONMENT IS UP TO VND 9.145 MILLION

Accordingly, the charge rates for exploiting and using data on environment ranges from VND 12,000 - VND 9,145,000. The highest rate is VND 9,145 million, applied to the exploitation and use of database of environment thematic of 1/250,000; 1/500,000; 1/1,000,000 scale. The lowest rate is VND 12,000, applied to organization and individual exploiting meteorological parameters of automatic continuous fixed monitoring station.

FROM JUNE 15, THE AREA
 OF AN 18 HOLES STANDARD GOLF COURSE MUST NOT EXCEED 90 HECTARES
 

On April 27, 2020, the Government issues the Decree No. 52/2020/ND-CP on investment for construction and commercial operation of golf course.

To be specific, the area of a standard golf course (18 holes) must not exceed 90 hectares (on average, not more than 5 hectares per hole); the area of a golf course project being built for the first time must not exceed 270 ha (for 54 holes). In addition, investor must complete the construction of the golf course within 36 months (for an 18 hole golf course) or within 48 months (for other golf courses) from the date of land lease decision.

The project on Golf course in a midland and mountainous region shall be allowed to use no more than 05 hectares of single crop land, the construction site must be dispersed

and must meet the conditions for protection and development of rice land, conditions for land lease and change of land use purpose in accordance with the land law.

Remarkably, the Government prohibits the activities of abusing the commercial operation of golf course to organize illegal betting and gambling activities. And moreover, land used for national defense and security purposes; land for construction of industrial parks, industrial clusters, concentrated information technology parks and hi-tech parks; land within the scope of dike protection and coastal protection corridor...shall not allowed to be used for construction of golf course.

This Decree takes effect on June 15, 2020.

THERE IS NO LIMIT TO THE NUMBER
OF PAGES IN A VOUCHER MADE ON PUBLIC SERVICE
 

On March 31, 2020, the Ministry of Finance issues the Circular No. 19/2020/TT-BTC on amending and supplementing a number of Articles of the Ministry of Finance’s Circular No. 77/2017/TT-BTC dated July 28, 2017 on providing guidance on the State budget accounting regime and the State Treasury operations.

Particularly, the Ministry of Finance stipulates additional requirements for the formulation of accounting voucher: There is no limit to the number of pages in a voucher which is made on public service.

In addition, the time of closing the annual State budget revenue and expenditure settlement reports is divided into 03 stages instead of 02 stages as before. To be specific:

First stage - Closing time-out data for adjusting the settlement: The data is taken until the end of March 31 o

the following year. The report shall be saved as a file and at the affiliated unit of the State Treasury where the report is made.

Second stage - Closing source data: The data is taken until the end of March 31 of the following year. The report shall be saved as a file and at the affiliated unit of the State Treasury where the report is made.

Third stage - Closing the final settlement data: The data shall be finalized on November 30 of the following year. The report shall be saved as a file and at the affiliated unit of the State Treasury where the report is made. After November 30, if the settlement data of the previous year is adjusted in accordance with the competent agency's decision, there must be a demonstration.

This Circular takes effect on May 15, 2020.

FROM 2020 TO 2024, IMPORT QUOTA
 FOR HCFC SUBSTANCES IS 2,600 TONS PER YEAR
 

On March 16, 2020, the Ministry of Industry and Trade promulgates the Circular No. 05/2020/TT-BTC on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BTM-BTNMT dated July 11, 2005, of the Ministry of Industry and Trade and the Ministry of Natural Resource and Environment, guiding the management of the import, export and temporary import for re-export of ozone layer depleting substances in pursuance to the Montreal Protocol on Substances that Deplete the Ozone Layer.

Accordingly, the quota for importing HFC substances for a year from January 01, 2020 to December 31, 2028 shall be managed under license of the Ministry of Industry and Trade as follow:

Firstly, from 2020 to 2024, annual import quota for HCFC substances is 2,600 tons.

Secondly, from 2025 to 2028, the import quota shall be decrease to 1,300 tons per year.

Remarkably, the Ministry also supplements 01 Article on import quota of HFC substances. To be specific, from 2020 to 2022, importing of HFC shall be the base for establishing basis quota and the volume of import is unlimited; in 2023, the import quota shall be equal to the average of annual import (2020 + 2021 + 2022)/3 of HFC substances HFC + 65% basis consumption level of HCFC substances.

This Circular takes effect on May 01, 2020

This provision is promulgated by the Prime Minister in the Directive No. 19/CT-TTg dated April 24, 2020 on continuing to implement measures to prevent and control the COVID-19 pandemic in the new situation.

Accordingly, to effectively implement measures to prevent and control the pandemic, at the same time, restart and continue economic development, ensuring social security and stability, the Prime Minister requests:

First, to loosen the restrictive measures that have been carried out to serve the prevention and control of pandemic in line with the pandemic developments; to restore socio-economic activities on the basis of ensuring good control of pandemic, especially in Hanoi City, Ho Chi Minh City and big cities. To continue to stop all festival activities, religious

ceremonies, sports leagues and crowded events in public areas, stadiums and unnecessary big events.

In addition, to temporarily suspend operations of non-essential service businesses (such as amusement parks, entertainment centers, beauty establishments, karaoke, massage parlors, bars, dancing halls, etc.). On the other hand, services and trade establishments (such as wholesale, retail, lotteries, hotels, accommodation establishments, restaurants, etc.) and sports practice areas, relics and scenic spots may resume operations but must carry out measures to prevent and control the pandemic.

Noticeably, Provinces and municipal cities having risk of infection must not gather more than 20 people in public places other than the area of office, school, hospital; remain the minimum distance of 01 meter between each other upon having communication.

TO AMEND AND SUPPLEMENT REGULATIONS
ON MANAGEMENT AND ASSURANCE OF FLIGHT OPERATIONS
 

On April 23, 2020, the Ministry of Transport issues the Circular No. 09/2020/TT-BGTVT on amending and supplementing a number of Articles of the Minister of Transport's Circular No. 19/2017/TT-BGTVT dated June 06, 2017 on providing regulations on management and assurance of flight operations.

Accordingly, the Ministry of Transport supplements regulations on aviation data content. To be specific: Content of aviation data and aviation information including processes and legal provisions; airports and heliports; airspace; ATS flight path; flight procedures by a device; radio navigation systems and equipment; obstacles; terrain and geographic information. Besides, the Ministry also

supplements provisions on digital data set, include: AIP data set; Data set on terrain; Data set on obstacles; Airport mapping data set; Data set of flight procedures by the equipment.

In addition, this Circular also supplements some tasks of supervisors of flight safety. Specifically, a supervisor of a flight safety shall be granted a supervisor card to perform their tasks, including one or more of the following specific tasks as prescribed in Article 263 of the Circular No. 19/2017/TT-BGTVT and tasks in the aeronautical data field (new regulations).

This Circular takes effect on June 15, 2020.

CONDITIONS TO BE ENTITLED TO
UNEMPLOYMENT FINANCIAL SUPPORT DUE TO COVID-19
 

On April 24, 2020, the Prime Minister promulgates the Decision No. 15/2020/QD-TTg on providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic.

An employee shall be entitled to financial support if fully meets the following conditions:

Firstly, has signed in a labor contract or working contract before April 01, 2020 and is participating in compulsory social insurance;

Secondly, has terminated the labor contract or working contract from April 01, 2020 to the end of June 15, 2020 but is not eligible for unemployment benefit as prescribed by law;

Thirdly, has no income or his/her income is lower than the near-poverty level as prescribed.

In additions, this Decision also states that, laborer without labor contract who becomes unemployed shall be supported if fully meets the following conditions: become unemployed and his/her income from April 01, 2020 to June 30, 2020 is lower than the near-poverty, legal residence in locality; being employee works in the non-agricultural field, belonging to one of the following cases: peddling, retailing without fixed locations; collecting rubbish and scrap; goods loading and transportation; mobile lottery retail…

This Decree takes effect on the signing date, Regimes prescribed in this Decision shall be applied from April 01, 2020.