Legal Document Updates in English (27/2021)

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NUMBER

TITLE

 

In This Updates:

FINANCE – BANKING

 

FINANCE – BANKING

1

09/2021/TT-NHNN

Circular No. 09/2021/TT-NHNN dated July 07, 2021 of the State Bank of Vietnam amending and supplementing a number of Articles of the Circular No. 42/2015/TT-NHNN dated December 31, 2015 of the Governor of the State Bank of Vietnam prescribing regulations on open-market operations

 

Notice on sale of bills shall be uploaded no later than 13:30 on the bidding date

Page 2

COMMERCE

 

COMMERCE

2

1163/QD-TTg

Decision No. 1163/QD-TTg dated July 13, 2021 of the Prime Minister approving the domestic trade development Strategy through 2030, with a vision towards 2045

 

By 2030, the average growth rate of total retail sales of consumer goods is 13.0 - 13.5%/year

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

3

969/TTg-KGVX

Official Dispatch No. 969/TTg-KGVX dated July 17, 2021 of the Prime Minister regarding the imposition of social distancing measure for pandemic prevention and control in a number of localities

 

To impose social distancing measure in 16 Southern provinces from 00:00 on July 19

Page 2

4

5599/BYT-MT

Official Dispatch No. 5599/BYT-MT dated July 14, 2021 of the Ministry of Health on shortening the quarantine period, piloting home quarantine of F1 cases, managing the provision of treatment for COVID-19 patients

 

New guidance on pilot home quarantine of F1 cases

Page 3

5

2337/UBND-TH

Official Dispatch No. 2337/UBND-TH dated July 13, 2021 of the People's Committee of Ho Chi Minh City on suspension of operation of enterprises in the City that fail to meet the COVID-19 pandemic prevention and control requirements

 

HCMC: Enterprises failing to satisfy COVID-19 prevention requirements must suspend operations from July 15

Page 3

INTELLECTUAL PROPERTIES

 

INTELLECTUAL PROPERTIES

6

03/2021/TT-BNNPTNT

Circular No. 03/2021/TT-BNNPTNT dated June 22, 2021 of the Ministry of Agriculture and Rural Development amending and supplementing a number of articles of the Circular No. 16/2013/TT-BNNPTNT dated February 28, 2013 of the Minister of Agriculture and Rural Development on the protection of plant variety rights

 

To supplement documents in an application for protection of plant variety rights

Page 3

FOREIGN AFFAIRS

 

FOREIGN AFFAIRS

7

64/2021/ND-CP

Decree No. 64/2021/ND-CP dated June 30, 2021 of the Government on the conclusion and implementation of international agreements in the name of general departments or departments under ministries or ministerial-level agencies; professional agencies of provincial-level People’s Committees; district-level People’s Committees; commune-level People’s Committees in border regions; provincial-level bodies of organizations

 

Contents of the international agreements in the name of general departments

Page 4


 

SUMMARY:

 

Ü FINANCE – BANKING

NOTICE ON SALE OF BILLS SHALL BE UPLOADED
NO LATER THAN 13:30 ON THE BIDDING DATE

On July 07, 2021, the State Bank of Vietnam issues the Circular No. 09/2021/TT-NHNN amending and supplementing a number of Articles of the Circular No. 42/2015/TT-NHNN dated December 31, 2015 of the Governor of the State Bank of Vietnam prescribing regulations on open-market operations.

Specifically, before each open-market operation-related bidding session, the State Bank (the operation centre) shall notify the purchase or sale of valuable papers for its members. For a session of sale (issuance) of State Bank bills, in addition to notifying its members, the operation centre shall post the notice on sale (issuance) of State Bank bills on

 

the State Bank’s e-portal no later than 13:30 on the bidding date.

Provisions on the bidding method for the sale (issuance) of State Bank bills through open-market operations also are supplemented as follows: The State Bank shall follow the method of bidding by interest rate; the State Bank shall sell (issue) State Bank bills according to the method of bidding by volume in case the State Bank needs to announce interest rates of State Bank bills in order to realize monetary policy targets.

This Circular takes effect on August 25, 2021.

Ü COMMERCE

BY 2030, THE AVERAGE GROWTH RATE OF
TOTAL RETAIL SALES OF CONSUMER GOODS IS 13.0 - 13.5%/YEAR

The Decision No. 1163/QD-TTg approving the domestic trade development Strategy through 2030, with a vision towards 2045 is promulgated by the Prime Minister on July 13, 2021.

According to this Decision, objectives of domestic trade development include: The added value of domestic trade will achieve an average growth rate of about 9.0 - 9.5%/year by 2030, it will contribute about 15.0 - 15.5% to the country’s GDP; Total retail sales of consumer goods and services will achieve an average growth rate of 13.0 - 13.5%/year; by 2030; The revenue exchanged through e-commerce will

 

account for about 10.5 - 11% of the total retail sales of consumer goods and services of the whole economy; etc.

Besides, key tasks and solutions to develop domestic trade shall be as follows: Completing institutions, policies, improving business and investment environment, and managing trading activities in accordance with international commitments; Increasing domestic final consumer demand, developing distribution enterprises, linking circulation with production; Developing e-commerce and types of commerce based on digital platforms; etc.

This Decision takes effect on the signing date.

Ü MEDICAL – HEALTH

TO IMPOSE SOCIAL DISTANCING MEASURE
IN 16 SOUTHERN PROVINCES FROM 00:00 ON JULY 19

The Prime Minister issues the Official Dispatch No. 969/TTg-KGVX regarding the imposition of social distancing measure for pandemic prevention and control in a number of localities on July 17, 2021.

In the face of the complicated development of the COVID-19 pandemic, for the purpose of protecting and taking care of people’s health, the Prime Minister agrees to allow Can Tho City and the following provinces: Binh Phuoc, Tay Ninh, Ba Ria - Vung Tau, Tien Giang, Long An, Vinh Long, Dong Thap, Ben Tre, Hau Giang, An Giang, Bac Lieu, Soc Trang, Tra Vinh, Ca Mau and Kien Giang to impose social distancing measure in line with the Prime Minister’s Directive No. 16/CT-TTg  within 14 days.

Therefore, apart from Ho Chi Minh City, Binh Duong province and Dong Nai province that have been applied social distancing measure, the Prime Minister agrees to allow 16 Southern provinces as mentioned above to apply social distancing measure.

 

The time to start applying the social distancing measure shall be decided by Chairpersons of People’s Committees of the above-mentioned provinces and city, but not later than 0:00 on July 19, 2021.

Regarding provinces and cities that are applying the social distancing measure before the issuing date of this Official Dispatch, Chairpersons of provincial-level People's Committees shall proactively and promptly report competent authorities before deciding on continuing to implement the approved social distancing period or extending the social distancing period like the above-mentioned provinces and city.

Concurrently, the Prime Minister also requests to pay attention to ensure the source of medical supplies, equipment, and human resources, especially health staff, doctors; not let any people lack food, clothing or necessities; pay special attention to improve treatment efficiency, prioritizing resources for severe cases.

NEW GUIDANCE ON PILOT HOME QUARANTINE OF F1 CASES

The Ministry of Health promulgates the Official Dispatch No. 5599/BYT-MT on shortening the quarantine period, piloting home quarantine of F1 cases, managing the provision of treatment for COVID-19 patients on July 14, 2021.

Accordingly, the quarantine period for F1 cases and people on entry (except for special cases) shall be cut from 21 days to 14 days. In addition, to pilot home quarantine for F1 cases with some contents as follows:

Firstly, warning signs in red background and yellow letters “QUARANTINE AREA FOR COVID-19 PREVENTION AND CONTROL"; and yellow containers with an infectious waste symbol, labeled “SARS-CoV-2 HAZARDOUS WASTE" shall be placed in front of the house used for home quarantine.

 

People subject to home quarantine must comply with the requirements such as: Not leaving their rooms during the quarantine period, not being in contact with family members as well as others, not touching pets; Installing, turning on and making health declaration on a daily basis on VHD or Bluezone app during the quarantine period; Measuring body temperatures, checking heath status and updating it on VHD or Bluezone app on a daily basis. In case the quarantined people do not have smartphones, they must daily report to health staff through the provided telephone number…

Also, they must not share personal belongings such as bowls, chopsticks, spoons, cups, toothbrushes and towels with others and be taken samples and tested for SARS-CoV-2 at least 03 times, on the 1st day, 7th day and 14th day from the first day of quarantine. After completing the quarantine period, they must continue monitoring their health at home according to regulations.

HCMC: ENTERPRISES FAILING TO
SATISFY COVID-19 PREVENTION REQUIREMENTS MUST SUSPEND OPERATIONS FROM JULY 15

The Official Dispatch No. 2337/UBND-TH on suspension of operation of enterprises in the City that fail to meet COVID-19 pandemic prevention and control requirements is issued by the People's Committee of Ho Chi Minh City (HCMC) on July 13, 2021.

To effectively implement the "dual goals" - both pandemic prevention and control, and economy promotion and development, in which the goal of ensuring the people's health is foremost; an enterprise located in the City may continue its production activities if meeting the following conditions:

 

Firstly, the enterprise may conduct the production and quarantine its employees on spot with the “3-on-spot” motto: On-spot production, meal and rest.

Secondly, the enterprise ensures the motto “one way - two destinations”: Only one way of concentrated transport of workers from the place of production to their place of residence (that may be dormitories, hotels, concentrated accommodation).

Besides, enterprises not satisfying the mentioned requirements must suspend their operation from 00:00 on July 15, 2021 (Thursday) until another direction is issued.

Ü INTELLECTUAL PROPERTIES

TO SUPPLEMENT DOCUMENTS IN AN APPLICATION
FOR PROTECTION OF PLANT VARIETY RIGHTS

The Ministry of Agriculture issues the Circular No. 03/2021/TT-BNNPTNT amending and supplementing a number of articles of the Circular No. 16/2013/TT-BNNPTNT dated February 28, 2013 of the Minister of Agriculture and Rural Development on the protection of plant variety rights on June 22, 2021.

Specifically, to supplement documents in an application for protection of plant variety rights as follows: An application form for plant variety protection; A declaration of the distinctness, uniformity and stability testing techniques; A letter of authorization; Photos of the sample variety: at least 03 9cm x 15cm color photos which show 3 distinct characteristics of the variety to be registered; Documents proving the right to register; A document proving the priority, in cases where the application has a claim for priority; Documents evidencing payment of fees and charges.

Besides, a plant variety is considered no longer novel after 12 months from the date on which it is permitted for production and trading in Vietnam. Plant varieties for
 

production and trading comprise officially recognized varieties; varieties whose names are included in the list of plant varieties permitted for production and trading in Vietnam; varieties issued with the recognition decision or privileged circulation recognition; varieties whose circulation is self-declared and published on the website of the Department of Plant Production.

Before issuing the plant variety protection title, the applicant is entitled to amend and supplement the application for protection in the following cases: Amending and supplementing the application without changing its nature: a spelling error in the name or address of the applicant, owner or author of the plant variety or name of the plant variety; Changing name and address of the applicant, owner or author of the plant variety with legal grounds; Changing name and address of the applicant at the owner's request, changing name or address of the owner or author of the plant variety due to transfer of the application under a contract or through inheritance.

This Circular takes effect on August 06, 2021.

Ü FOREIGN AFFAIRS

CONTENTS OF THE INTERNATIONAL AGREEMENTS IN THE NAME OF GENERAL DEPARTMENTS

The Decree No. 64/2021/ND-CP on the conclusion and implementation of international agreements in the name of general departments or departments under ministries or ministerial-level agencies; professional agencies of provincial-level People’s Committees; district-level People’s Committees; commune-level People’s Committees in border regions; provincial-level bodies of organizations is promulgated by the Government on June 30, 2021.

According to the Decree, the international agreements are demonstrated in writing, stating the intention of cooperation through specific activities within the scope of functions, tasks and powers of such attached units. The international agreements shall each include the following principal contents: The appellation of the document; names of the signing parties; fields, contents and modes of cooperation; the effect time and validity duration; the signing date, location and language; the full names and positions of the signatory representatives.

Besides, agencies and organizations concluding international agreements shall abide by the regime of

 

reporting on the situation and projection of conclusion and implementation of international agreements annually or unexpectedly as follows: the departmental-level agencies shall send reports to the international cooperation-coordinating units of ministries; the provincial department-level agencies shall send reports to the provincial-level external affairs offices; the provincial-level bodies of organizations shall send reports to offices in charge of external affairs activities of the provincial-level bodies of organizations, and concurrently to the provincial-level external affairs offices; etc.

Additionally, the provincial-level bodies of organizations shall publicize their international agreements in form of publishing them on the portals or websites of organizations, publicizing them on the mass media or other appropriate forms, except for cases of non-publication, non-publicity according to law or agreement with the foreign signatories.

This Decree takes effect on July 01, 2021.

 

 

 

 

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