Legal Document Updates in English (25/2021)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

 

45/2021/TT-BTC

 

Circular No. 45/2021/TT-BTC dated June 18, 2021 of the Ministry of Finance guiding the application of Advance Pricing Agreement (APA) mechanism in tax administration of enterprises having transactions with related parties

 

APA application in tax administration of enterprises having transactions with related parties

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

2

3092/QĐ-BYT

Decision No. 3092/QD-BYT dated June 25, 2021 of the Ministry of Health on the pilot implementation of “the Guidance for quarantine to prevent and control the COVID-19 pandemic for people on entry”

 

Pilot 7-day quarantine in Quang Ninh for the persons on entry satisfying the defined conditions

Page 2

3

 

10/CT-UBND

 

Directive No. 10/CT-UBND dated June 19, 2021 of the People's Committee of Ho Chi Minh City on tightening and strengthening measures to prevent and control the COVID-19 pandemic in Ho Chi Minh City

 

Ho Chi Minh City: Not gather in groups of more than 3 people in public places

Page 2

4

4352/BYT-MT

Official Dispatch No. 4352/BYT-MT dated May 28, 2021 of the Ministry of Health guiding the quarantine and testing in industrial parks and factories

 

20% of employees in industrial parks shall be randomly tested for COVID-19

Page 3

POLICY

 

POLICY

5

17/CT-TTg

Directive No. 17/CT-TTg dated June 24, 2021 of the Prime Minister on mechanism of interdisciplinary coordination among committees, ministries, sectors and the People’s Committees of 28 coastal provinces and centrally run cities in information exchange and processing in order to ward off, then stop the violations of regulations against illegal, unreported and unregulated fishing (IUU) in foreign territorial waters

 

Coordination among ministries and 28 coastal provinces to ward off violations against illegal fishing

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

6

58/NQ-CP

Resolution No. 58/NQ-CP dated June 08, 2021 of the Government on the Government’s regular meeting in April 2021

 

Medical staff directly injecting COVID-19 vaccine shall be entitled to a maximum allowance of 150,000 VND/day

Page 3

 

 

SUMMARY:

 

Ü ENTERPRISE

APA APPLICATION IN TAX ADMINISTRATION OF ENTERPRISES
HAVING TRANSACTIONS WITH RELATED PARTIES

On June 18, 2021, the Ministry of Finance issues the Circular No. 45/2021/TT-BTC guiding the application of Advance Pricing Agreement (APA) mechanism in tax administration of enterprises having transactions with related parties.

Specifically, taxpayers shall submit dossiers of request for APA application as prescribed. For dossiers of request for bilateral or multilateral APA application, taxpayers shall be responsible for the uniformity of the content between the dossiers submitted to the Vietnam tax agency and the dossiers submitted to the counterpart tax agency by the related parties within the scope of request for APA application.

Besides, the General Department of Taxation shall appraise taxpayers’ dossiers of request for APA application to check,

 

compare, determine and evaluate the completeness, accuracy, lawfulness, rationality and validity of the information and data provided by the taxpayers in order to make a valuation on the method of determining prices of the related-party transaction, the selected comparable object suitable for determining the price level, profit ratio or profit distribution rate for transactions within the request for APA application.

The signed APA shall be binding upon both the tax agency and the taxpayer. Its validity period is 03 tax years maximum but must not exceed the actual number of years the taxpayer has operated and declared, paid enterprise income tax in Vietnam.

This Circular takes effect on August 03, 2021.

Ü MEDICAL – HEALTH

PILOT 7-DAY QUARANTINE IN QUANG NINH
FOR THE PERSONS ON ENTRY SATISFYING THE DEFINED CONDITIONS

The Decision No. 3092/QD-BYT on the pilot implementation of “the Guidance for quarantine to prevent and control the COVID-19 pandemic for people on entry” is promulgated by the Ministry of Health on June 25, 2021.

Accordingly, the persons on entry as prescribed in this Decision (excluding those who work in Vietnam for less than 14 days) shall be applied the guidance for quarantine to prevent and control the COVID-19 pandemic in Quang Ninh from July 01, 2021 to July 31, 2021.

To be specific, a 7-day quarantine shall be applied to the persons fully satisfying the two following conditions: Having been fully vaccinated against COVID-19 or having recovered from COVID-19; Having a RT-PCR test result negative for SARS-CoV-2 and positive anti-SARS-CoV-2 result in the first day after entry. A 14-day concentrated quarantine shall be applied to others.

The persons on entry shall make medical declaration through VHD/Bluezone apps on smartphones or on the website https://tokhaiyte.vn within 36 hours prior to the

 

scheduled departure time at the gates of departure and save the QR code on their smartphones, or print the QR code (for special cases) to present at the border gates.

In addition, right at the border gates, they shall be medically separated, receive SIM cards, install and turn on VHD and Bluezone apps (bluetooth and GPS must be always turned on), receive and wear smart bracelets (for the case of not using a smartphone).

In concentrated quarantine establishments, the quarantined persons on entry must identify their faces/voice on VHD app 03 times a day according to 03 time frames (7:00 - 9:00, 13:00 - 15:00, 19:00 - 21:00) and update the medical declaration if there are health-related abnormalities. Besides, people who have been fully vaccinated against COVID-19 or have recovered from COVID-19 shall be arranged to separate areas in the quarantine areas.

This Decision takes effect on the signing date.

HO CHI MINH CITY: NOT GATHER IN GROUPS OF MORE THAN 3 PEOPLE IN PUBLIC PLACES

On June 19, 2021, the People’s Committee of Ho Chi Minh City issues the Directive No. 10/CT-UBND on tightening and strengthening measures to prevent and control the COVID-19 pandemic in Ho Chi Minh City.

Accordingly, the People’s Committee of Ho Chi Minh City requests heads of departments and agencies, and Chairpersons of People's Committees of Thu Duc city and other districts to: Ban the gatherings of more than three people in public places and outside offices, schools, and hospitals; Request local residents to refrain from going outside, except for food, medicine, emergency care, or working at factories or workshops, or otherwise guided by the Department of Health;

 

Halt public passenger transportation (road, inland waterway); Cancel unimportant meetings. If in-person meetings and events are required, they should gather no more than 10 people, except for particularly important meetings that are permitted by the local authorities.

Also in accordance with this Directive, establishments manufacturing and providing essential goods and services for the City’s residents as well as factories and workshops are allowed to operate, but they must ensure a safe distance of at least 1.5 meters between every two employees, all employees must wear face masks at work, and the workplaces must be disinfected and well-ventilated, etc.

20% OF EMPLOYEES IN INDUSTRIAL PARKS SHALL BE RANDOMLY TESTED FOR COVID-19

This content is prescribed in the Official Dispatch No. 4352/BYT-MT dated May 28, 2021 of the Ministry of Health, guiding the quarantine and testing in industrial parks and factories.

In accordance with this Official Dispatch, production and business establishments and industrial parks are required to organize SARS-CoV-2 rapid antigen tests on a weekly basis for involved subjects and report results to the provincial-level Departments of Health. Those who are required to be tested on a weekly basis include: All employees participating in providing services for production and business establishments in industrial parks such as catering, hotel and accommodation services for experts, transportation of materials and goods, repair and maintenance of machinery, etc.; 20% of employees in

 

production and business establishments, industrial parks, and bedsits of at-risk employees shall be randomly tested.

Vehicles used to transport employees must meet requirements on pandemic prevention and control, including social distancing (using less than 50% of transport capacity), opening windows (if any) and limiting the use of air conditioners, cleaning and disinfecting vehicles after each trip and implementing 5K rules.

Also, the pilot implementation of centralized quarantine shall be applied for Bac Ninh and Bac Giang provinces as follows: When the number of F1 cases exceeds the local quarantine capacity, a centralized quarantine institution (lockdown area) may be applied in the area or location where a large number of F1 employees stay (dormitories, bedsits with a large number of employees), etc.

Ü POLICY

COORDINATION AMONG MINISTRIES AND 28 COASTAL PROVINCES
TO WARD OFF VIOLATIONS AGAINST ILLEGAL FISHING

The Prime Minister issues the Directive No. 17/CT-TTg on June 24, 2021 on mechanism of interdisciplinary coordination among committees, ministries, sectors and the People’s Committees of 28 coastal provinces and centrally run cities in information exchange and processing in order to ward off, then stop the violations of regulations against illegal, unreported and unregulated fishing (IUU) in foreign territorial waters.

Accordingly, in order to resolutely prevent and put an end to the violation of regulations against IUU fishing in foreign territorial waters by Vietnamese fishing ships and fishermen, the Prime Minister requests the Ministry of Agriculture and Rural Development to coordinate and exchange information related to the management of fishing ships and fishermen exploiting marine products on sea; results of fishery cooperation against IUU fishing with other countries, international and regional organizations.

 

Besides, the People’s Committees of 28 coastal provinces and centrally-run cities shall coordinate and exchange information of local fishing ships already registered and inspected; installed with journey supervising equipment, marked; granting, extension, renewal, withdrawal of marine product exploitation licenses as well as the situation and results of handling local fishing ships and fishermen encroaching upon foreign seas as well as local cases with signs of brokering and connecting the dispatches of Vietnamese fishermen and fishing ships for illegal fishing in foreign sea areas.

In addition, the information exchange, reception and processing shall comply with the assigned tasks of units and not be interrupted 24 hours/day (in unexpected or emergency cases), by appropriate modes prescribed by law (written documents, telephone calls, fax, email, etc.).

Ü ADMINISTRATIVE

MEDICAL STAFF DIRECTLY INJECTING COVID-19 VACCINE
SHALL BE ENTITLED TO A MAXIMUM ALLOWANCE OF 150,000 VND/DAY

The Resolution No. 58/NQ-CP on the Government’s regular meeting in April 2021 is issued by the Government on June 08, 2021.

The COVID-19 prevention and control in May 2021, socio-economic situation in May and the first 5 months of 2021, medium-term public investment plan for 2021 – 2025, and the Scheme on expressway construction in the 2021 - 2025 period, and orientation to 2030 are key contents in the Government’s regular meeting in May.

Specifically, the Government requests to implement the motto "5K+vaccine" and promote the vaccination. At the same time, agree to apply a specific allowance at the rate of 7,500 VND/dose (maximum 150,000 VND/person/day) for medical staff who directly inject COVID-19 vaccine in the Free Immunization Program in public health facilities.

An allowance for pandemic prevention of 300,000 VND/person/day or 200,000 VND/person/day

 

and an allowance of 120,000 VND/person/day shall be provided for students at medical universities, colleges, intermediate training schools, and people with medical expertise volunteering in COVID-19 prevention and control, depending on each task.

Regarding socio-economic situation, the macroeconomic conditions were relatively stable; inflation was under control; the average consumer price index (CPI) in 5 months increased by 1.29% over the same period last year; credit growth reached 4.67%; State budget revenue reached nearly 50% of the year estimate; index of industrial production (IIP) in 5 months was estimated to grow by 9.9%, etc.a

At the meeting, the Government also agrees with contents of the Scheme on expressway construction in the 2021 - 2025 period, and orientation to 2030, assigns Ministry of Transport to complete the Scheme to submit to the Political Bureau before submitting it to the National Assembly.

 

 

 

 

 

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