Legal Document Updates in English (26/2021)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

47/2021/TT-BTC

Circular No. 47/2021/TT-BTC dated June 24, 2021 of the Ministry of Finance providing a number of charge and fee rates to support and remove difficulties for subjects affected by the COVID-19 pandemic

 

To reduce 50% of the fee rate for grant of citizen’s identity card until the end of December 31

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

2

03/2021/TT-BCT

Circular No. 03/2021/TT-BCT dated June 11, 2021 of the Ministry of Industry and Trade providing guidance on the pilot auction of import tariff quota on sugar in 2021

 

108,000 tons of import tariff quota for sugar are put for pilot auction in 2021

Page 2

CONSTRUCTION

 

CONSTRUCTION

3

04/2021/TT-BXD

Circular No. 04/2021/TT-BXD dated June 30, 2021 of the Ministry of Construction prescribing guidelines for exporting minerals for use as building materials

 

Enterprises exporting minerals must submit annual reports before January 15 every year

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

4

2279/UBND-VX

Official Dispatch No. 2279/UBND-VX dated July 08, 2021 of the People's Committee of Ho Chi Minh City on implementing measures to prevent and control the COVID-19 pandemic in line with the Prime Minister’s Directive No. 16/CT-TTg dated March 31, 2020

 

HCMC: Impose 15-day social distancing under the Directive 16/CT-TTg from July 09

Page 3

5

5389/BYT-MT

Official Dispatch No. 5389/BYT-MT dated July 07, 2021 of the Ministry of Health regarding the receipt of people returning from Ho Chi Minh City

 

People returning from HCMC must be quarantined at home for 7 days

Page 3

SECURITIES

 

SECURITIES

6

51/2021/TT-BTC

Circular No. 51/2021/TT-BTC dated June 30, 2021 of the Ministry of Finance guiding obligations of organizations and individuals in the foreign investment activities on Vietnam securities market

 

Foreign investors' trading representatives must not directly make investment decisions until receiving trading orders

Page 3

POLICY

 

POLICY

7

23/2021/QD-TTg

Decision No. 23/2021/QD-TTg dated July 07, 2021 of the Prime Minister providing regulations on the implementation of policies to support employees and employers hit by the COVID-19 pandemic

 

Supporting conditions for employees having to stop working due to COVID-19

Page 4

 

 

 

8

68/NQ-CP

Resolution No. 68/NQ-CP dated July 01, 2021 of the Government on policies to support COVID-19-hit employees and employers

 

An employee taking unpaid leave due to COVID-19 is supported up to VND 3.71 million

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE

TO REDUCE 50% OF THE FEE RATE
FOR GRANT OF CITIZEN’S IDENTITY CARD UNTIL THE END OF DECEMBER 31

The Ministry of Finance issues the Circular No. 47/2021/TT-BTC providing a number of charge and fee rates to support and remove difficulties for subjects affected by the COVID-19 pandemic on June 24, 2021.

Accordingly, from July 01, 2021 to the end of December 31, 2021, to reduce 50% of the following charge and fee rates: Fee rates for issuance of license for establishment and operation of banks; Fee rates for grant of construction capacity certificates to organizations; Charge rates for registration for using foreign numeral code and barcode; Fee rates for grant of citizen’s identity cards, etc.

 

Noticeably, airport and airfield exploitation franchise charge rates; fee rates for exit from and entry into airports and airfields applicable to foreign flights to Vietnamese airports; charge rates for food safety and hygiene work; and appraisal charge rates for conditional business in the field of feed, environmental remediation products used in aquaculture shall be entitled to a 90% deduction.

From January 01, 2022 onward, the charge and fee rates shall comply with the original Circulars and amending, supplementing or replacing Circulars (if any).

This Circular takes effect on July 01, 2021, to the end of December 31, 2021.

Ü  EXPORT – IMPORT

108,000 TONS OF IMPORT TARIFF QUOTA FOR SUGAR ARE PUT FOR PILOT AUCTION IN 2021

Guidance on the pilot auction of import tariff quota on sugar in 2021 is provided in the Ministry of Industry and Trade’s Circular No. 03/2021/TT-BCT dated June 11, 2021.

To be specific, the volume of import tariff quota for sugar put for pilot auction in 2021 is 108,000 tons. The principles, order and procedures for property auction must comply with the law on property auction as suitable to the characteristics of property put up for auction. The Ministry of Industry and

 

Trade shall form a Council for pilot auction of import tariff quota on sugar in 2021 to administer the auction.

Besides, the Ministry of Industry and Trade shall issue a written notice on assigning the right to use the import tariff quota on sugar to auction-winning traders after receiving the auction Council’s report on auction results.

This Circular takes effect from July 26, 2021 to December 31, 2021.

Ü  CONSTRUCTION

ENTERPRISES EXPORTING MINERALS MUST SUBMIT ANNUAL REPORTS
BEFORE JANUARY 15 EVERY YEAR

On June 30, 2021, the Ministry of Construction issues the Circular No. 04/2021/TT-BXD prescribing guidelines for exporting minerals for use as building materials.

Accordingly, minerals used as building materials for export having legal origins include minerals mined under a License for mining, a License to fully exploit minerals or an enclosed Decision on mining minerals issued by a competent state agency which is still effective in accordance with law regulations on minerals.

Mineral exporting enterprises must make annual reports (or irregular reports at the request of competent agencies) and submit them to the Departments of Construction to report to provincial-level People's Committees (where such

 

enterprises perform export activities) in accordance with the specified form before January 15 every year. Annually (or irregularly at the request of competent agencies) provincial-level People's Committees shall report on the situation of mineral exporting in accordance with the specified form before January 30 every year.

In addition, the list, specifications and technical criteria of minerals used as building materials for export are specified in Appendix I issued together with this Circular (except for minerals temporarily imported for re-export, border-gate transfer or transit).

This Circular takes effect from August 28, 2021.

Ü  MEDICAL – HEALTH

HCMC: IMPOSE 15-DAY SOCIAL DISTANCING UNDER THE DIRECTIVE 16/CT-TTG FROM JULY 09

The People’s Committee of Ho Chi Minh City (HCMC) issues the Official Dispatch No. 2279/UBND-VX on implementing measures to prevent and control the COVID-19 pandemic in line with the Prime Minister’s Directive No. 16/CT-TTg dated March 31, 2020.

Accordingly, the People’s Committee of HCMC shall impose social distancing measures in the entire City under the Directive No. 16/CT-TTg within 15 days from 00:00 on July 09, 2021, according to the principle that all families, residential groups - people’s groups, neighborhoods - hamlets, communes - wards - townships, urban - rural districts and Thu Duc City shall be isolated from one another.

All citizens shall be requested to stay at home, except the cases of absolute necessity such as: Going out to purchase foodstuffs, pharmaceuticals and other essential goods and services; Medical emergencies, medical examination and

 

treatment; disasters, fires, funerals, etc. Anyone leaving home must wear a mask, wash hands with soap or an antiseptic solution; gatherings of more than 02 people in public places or outside of offices and hospitals shall be banned, and a minimum distance of 02 meters between two people shall be maintained.

All types of non-essential services and businesses shall continue to be suspended; wholesale and traditional markets that do not meet the safety criteria for pandemic prevention and control, shall be temporarily closed and remedial measures shall be taken. Lottery ticket sales of lottery agents and lottery ticket venders in the City, as well as take-out food services shall be suspended within 15 days from 00:00 on July 09, 2021.

PEOPLE RETURNING FROM HCMC MUST BE QUARANTINED AT HOME FOR 7 DAYS

This content is prescribed by the Ministry of Health in the Official Dispatch No. 5389/BYT-MT dated July 07, 2021 regarding the receipt of people returning from Ho Chi Minh City (HCMC).

Due to the complicated and unpredictable developments of the COVID-19 pandemic in HCMC which continues spreading rapidly to some neighboring localities in recent days, it is necessary to take drastic actions to timely repel and control the pandemic.

Accordingly, the Ministry of Health requests:

- All people returning from HCMC (except for those who travel from other provinces and cities and pass through HCMC but do not stop or park) shall be considered as people in close contact with close contacts of the confirmed case and must be quarantined at home for 07 days from the date of return to their localities, and continue to self-monitor their health for the next 07 days.

 

Concurrently, they must be tested three times, in the 1st day, the 3rd day and the 6th day during the home quarantine period. During the self-monitoring of health, they are requested to avoid being in contact with surrounding people or participating in crowded events.

Especially, if showing any signs of fever, cough, sore throat, shortness of breath or loss of taste, they must immediately notify the nearest medical establishments for timely instruction and settlement as prescribed.

- The People’s Committee of HCMC shall discuss and reach an agreement with People’s Committees of provinces and cities before sending people from HCMC to other provinces and cities, and at the same time, arrange vehicles to transport them, ensuring requirements on COVID-19 pandemic prevention and control.

- With regard to drivers of vehicles transporting goods into or out of the City, it is required to comply with the pandemic prevention and control requirements as guided by the Ministry of Health.

Ü  SECURITIES

FOREIGN INVESTORS' TRADING REPRESENTATIVES
MUST NOT DIRECTLY MAKE INVESTMENT DECISIONS UNTIL RECEIVING TRADING ORDERS

The Circular No. 51/2021/TT-BTC guiding obligations of organizations and individuals in the foreign investment activities on Vietnam securities market is promulgated by the Ministry of Finance on June 30, 2021.

According to the Circular, foreign investors, their trading representatives must ensure that investment transactions in the Vietnam’s securities market and transactions conducted by affiliated persons and groups of affiliated foreign investors are not aimed at creating sham supply or demand, manipulating securities prices and other prohibited trading acts prescribed by law regulations.

When conducting transactions for foreign investors, trading representatives of such foreign investors shall strictly follow trading and payment directions of foreign

 

investors, and refrain from directly making investment decisions, including selection of securities type, amount, price and trading time, until they receive trading orders and investment directions of foreign investors.

Additionally, in case they provide services or participate in securities auctions as authorized by foreign investors, securities companies must separate trading orders and investment directions of foreign investors from those of domestic investors (if any) and their own ones, ensuring the observance of the law regulations on the rate of foreign holding in Vietnamese enterprises.

This Circular takes effect on August 16, 2021.

Ü  POLICY

SUPPORTING CONDITIONS FOR EMPLOYEES HAVING TO STOP WORKING DUE TO COVID-19

The Decision No. 23/2021/QD-TTg providing regulations on the implementation of policies to support employees and employers hit by the COVID-19 pandemic is promulgated by the Prime Minister on July 07, 2021.

Accordingly, employees who have their labor contracts terminated but are not eligible for unemployment benefits shall be entitled to support if they are participating the compulsory social insurance in the month preceding the time of terminating their labor contracts and have their labor contracts terminated during the period of between May 01, 2021 and the end of December 31, 2021, but are not eligible for unemployment benefits, except for the cases: Employees unilaterally terminate their labor contracts in contravention of

 

law; They are entitled to pension, monthly working capacity loss allowance.

Besides, an employee who has to stop working shall be supported if he/she fully meets the following conditions: He/she is working under labor contracts and has to stop working in accordance with Clause 3, Article 99 of the Labor Code and subject to quarantine or isolated in lockdown areas at the request of the competent State agency within 14 days or more during the period from May 01, 2021 to the end of December 31, 2021. He/she is participating in compulsory social insurance in the month preceding the month he/she stops working under Clause 3, Article 99 of the Labor Code.

This Decision takes effect from the signing date.

AN EMPLOYEE TAKING UNPAID LEAVE DUE TO COVID-19 IS SUPPORTED UP TO VND 3.71 MILLION

On July 01, the Government issues the Resolution No. 68/NQ-CP on policies to support COVID-19-hit employees and employers.

Accordingly, employers are entitled to pay 0% of the salary fund, which serves as the basis for paying social insurance premiums, to the Insurance Fund for Labor Accidents and Occupational Diseases for 12 months (from July 01, 2021 to the end of June 30, 2022) for the employees who are subject to labor accident and occupational disease insurance (except for some specific cases). The employers shall use all amounts obtained from the reduction above-mentioned to support their employees in the fight against the COVID-19 pandemic.

For employees who work at enterprises, cooperatives, public non-business units covering their own recurrent expenditures or their own investment and recurrent expenditures, people-founded and private preschools, kindergartens, primary schools, lower secondary high schools, upper secondary high schools and vocational schools which are temporarily suspended at the request of competent State agencies for the COVID-19 pandemic

 

prevention and control, if they have their labor contracts suspended or take unpaid leave within the term of their labor contracts in 15 consecutive days or more during the period from May 01, 2021 to the end of December 31, 2021, and such suspension or unpaid leave begins during the period from May 01, 2021 to the end of December 31, 2021; and they are paying compulsory social insurance up to the time right before the above suspension or unpaid leave, they shall be entitled to one-off support as follows: VND 1,855,000/person for labor contract suspension or unpaid leave ranging from 15 consecutive days to less than 01 month; and VND 3,710,000/person for labor contract suspension or unpaid leave of 01 month or more.

Besides, employees working under labor contracts who are out of work in accordance with Clause 3, Article 99 of the Labor Code and subject to medical quarantine or isolated in lockdown areas at the request of competent State agencies within 14 days or more during the period from May 01, 2021 to the end of December 31, 2021; if they are paying compulsory social insurance up to the time right before they are out of work, they shall be entitled to a one-off support of VND 1,000,000/person, etc.

 

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