Legal Document Updates in English (26/2020)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

107/2020/QH14

Resolution No. 107/2020/QH14 dated June 10, 2020 of the National Assembly on extension of the time limit for agricultural land use tax exemption prescribed in the Resolution No. 55/2010/QH12 dated November 24, 2010 of the National Assembly on agricultural land use tax exemption and reduction amended and supplemented by the Resolution No. 28/2016/QH14 dated November 11, 2016 of the National Assembly

 

To extend the time limit for agricultural land use tax exemption to the end of 2025

Page 2

INVESTMENT

 

INVESTMENT

2

113/2020/QH14

Resolution No. 113/2020/QH14 dated June 18, 2020 of the National Assembly on the recognition and enforcement of judgments issued by Dispute Settlement Body under the Investment Protection Agreement between the Socialist Republic of Vietnam, of the one part, and the European Union and its Member States, of the other part in Vietnam

 

Recognition and enforcement of judgments under the Investment Protection Agreement

Page 2

3

103/2020/QH14

Resolution No. 103/2020/QH14 dated June 08, 2020 of the National Assembly on ratifying the Investment Protection Agreement between the Socialist Republic of Vietnam, of the one part, and the European Union and its Member States, of the other

 

To ratify the Investment Protection Agreement between Vietnam and the European Union

Page 2

COMMERCE

 

COMMERCE

4

 

102/2020/QH14

 

Resolution No. 102/2020/QH14 dated June 08, 2020 of the National Assembly on ratification of the Free Trade Agreement between the Socialist Republic of Vietnam and European Union

 

To ratify the Free Trade Agreement between Vietnam and European Union

Page 2

EDUCATION – TRAINING – VOCATIONAL TRAINING

 

EDUCATION – TRAINING – VOCATIONAL TRAINING

5

71/2020/ND-CP

Decree No. 71/2020/ND-CP dated June 30, 2020 of the Government on providing the roadmap for raising qualification standards for teachers of early childhood, primary and lower secondary schools

 

From 2031, 100% of primary and lower secondary teachers must graduate from universities

Page 3

IMMIGRATION

 

IMMIGRATION

6

75/2020/ND-CP

Decree No. 75/2020/ND-CP dated July 01, 2020 of the Government on detailing a number of articles 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

 

Not to grant temporary residence certification to foreigners entering Vietnam through automated control gates

Page 3

 

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE

TO EXTEND THE TIME LIMIT FOR
AGRICULTURAL LAND USE TAX EXEMPTION TO THE END OF 2025

On June 10, 2020, the National Assembly adopts the Resolution No. 107/2020/QH14 on extension of the time limit for agricultural land use tax exemption prescribed in the Resolution No. 55/2010/QH12 dated November 24, 2010 of the National Assembly on agricultural land use tax exemption and reduction amended and supplemented by the Resolution No. 28/2016/QH14 dated November 11, 2016 of the National Assembly.

 

Specifically, to extend the time limit for agricultural land use tax exemption prescribed in the Resolution No. 55/2010/QH12 dated November 24, 2010 of the National Assembly on agricultural land use tax exemption and reduction amended and supplemented by the Resolution No. 28/2016/QH14 dated November 11, 2016 of the National Assembly to December 31, 2025.

This Resolution takes effect on January 01, 2021.

Ü  INVESTMENT


RECOGNITION AND ENFORCEMENT OF JUDGMENTS UNDER THE INVESTMENT PROTECTION AGREEMENT

On June 18, 2020, the National Assembly promulgates the Resolution No. 113/2020/QH14 on the recognition and enforcement of judgments issued by Dispute Settlement Body under the Investment Protection Agreement between the Socialist Republic of Vietnam, of the one part, and the European Union and its Member States, of the other part in Vietnam.

Specifically, this Resolution prescribes the recognition and enforcement in Vietnam of judgments issued by investment Dispute Settlement Body in accordance with Section B Chapter 3 of the Investment Protection Agreement between the Socialist Republic of Vietnam, of the one part, and the European Union and its Member States, of the other part in Vietnam.

 

Accordingly, Judgments issued within 5 years from the Agreement’s effective date or for a longer period under decisions of the Committees established according to Article 4.1 of the Agreement for the defendant being the Socialist Republic of Vietnam shall be considered awards of foreign arbitrators.

Besides, from the Agreement’s effective date, Judgments issued for the defendant being the European Union or a member of the European Union shall be recognized as a legally valid judgment of the Vietnamese Court.

This Resolution takes effect on the effective date of the Agreement.

TO RATIFY THE INVESTMENT PROTECTION AGREEMENT
BETWEEN VIETNAM AND THE EUROPEAN UNION

On June 08, 2020, the National Assembly promulgates the Resolution No. 103/2020/QH14 on ratifying the Investment Protection Agreement between the Socialist Republic of Vietnam, of the one part, and the European Union and its Member States, of the other.

Accordingly, to ratify the Investment Protection Agreement between the Socialist Republic of Vietnam, of the one part, and the European Union and its Member States, of the other signed on June 30, 2019 in Hanoi, Vietnam. The Agreement includes 4 Chapters and 13 Appendices.

 

Specifically, to apply directly all contents of the Agreement, except for Clauses 2, 3, 4 and 5 Article 3.57 Chapter 3 of the Agreement; to issue the National Assembly’s Resolution on the recognition and enforcement of judgments issued by Dispute Settlement Body under the Agreement in Vietnam to implement Clauses 2, 3, 4 and 5 Article 3.57 Chapter 3 of the Agreement.

This Resolution takes effect on June 08, 2020.

Ü  COMMERCE


TO RATIFY THE FREE TRADE AGREEMENT BETWEEN VIETNAM AND EUROPEAN UNION

On June 08, 2020, the National Assembly issues the Resolution No. 102/2020/QH14 on ratification of the Free Trade Agreement between the Socialist Republic of Vietnam and European Union.

Accordingly, to ratify the Free Trade Agreement between the Socialist Republic of Vietnam and European Union signed on June 30, 2019 in Hanoi, Vietnam. The Agreement comprises 17 Chapters, 8 Appendices, 2 Protocols, 02 Understandings and 4 Joint Declarations.

 

To be specific: After 03 years from the effective date of the Agreement, Clauses 1 and 2, Article 4 and Article 9 of Appendix 2-B on motor vehicles and motor vehicles parts and equipment shall be directly applied; 05 years after the effective date of the Agreement, Clause 3, Article 4 of Appendix 2-B on motor vehicles and motor vehicles parts and equipment shall be directly applied…

This Resolution is adopted on June 08, 2020.

Ü  EDUCATION – TRAINING – VOCATIONAL TRAINING

FROM 2031, 100% OF PRIMARY AND LOWER SECONDARY TEACHERS
MUST GRADUATE FROM UNIVERSITIES

On June 30, 2020, the Government issues the Decree No. 71/2020/ND-CP on providing the roadmap for raising qualification standards for teachers of early childhood, primary and lower secondary schools.

To be specific: The roadmap for raising qualification standards for early childhood teachers shall be implemented from July 01, 2020 to the end of December 31, 2020 and divided into two stages:

Stage 1: From July 01, 2020 to the end of December 31, 2025: At least 60% of early childhood teachers are under training or complete the training program and are granted a college diploma in teacher training;

Stage 2: From January 01, 2026 to the end of December 31, 2030: To implement with the remaining teachers to ensure that 100% of early childhood teachers complete the training

 

program and are granted a college diploma in teacher training.

Besides, the Government also provides the roadmap for raising qualification standards for primary and lower secondary teachers so that from 2031, 100% teachers completing the training program shall be granted a bachelor’s diploma.

Noticeably, teachers sent to the training program for raising qualification standards shall be supported institution fees, entitled to 100% of salary and policies and allowance as prescribed. However, such teachers must commit to perform their tasks and works in early childhood education institutions or general education institutions after completing the training program for a period of at least 02 times the training time.

This Decree takes effect on August 18, 2020.

Ü  IMMIGRATION

NOT TO GRANT TEMPORARY RESIDENCE CERTIFICATION
TO FOREIGNERS ENTERING VIETNAM THROUGH AUTOMATED CONTROL GATES

This content is prescribed by the Government in the Decree No. 75/2020/ND-CP dated July 01, 2020 on detailing a number of articles 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.

In accordance with this Decree, immigration control units shall grant temporary residence certification to foreigners on entry by appending a seal to their passports or loose visas. In case foreigners entering Vietnam through automated control gates, immigration control units shall refuse to grant temporary residence certification.

This Decree also guides the grant of visas for foreigners entering border gate economic zones, coastal economic zones and wishing to travel to another destination in Vietnam. To be specific: They shall, through inviting or guaranteeing agencies, organizations and individuals in

 

Vietnam, carry out procedures for grant of visa at immigration offices as prescribed.

In case foreigners entering Vietnam under treaties to which Vietnam is a contracting party without commercial presence or partners in Vietnam, they shall access to the portal of immigration and carry out the following steps: To fill information for the grant of visas, upload images and pages with personal information of passports; To upload documents proving that they are subjects of application of such treaties; To receive the electronic dossier codes from immigration offices.

Within 02 working days after receiving the sufficient information of request for grant of visas, immigration offices shall transfer such information to the agency assigned to be in charge of implementing treaties by the Government.

This Decree takes effect on July 01, 2020.

 

 

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