Legal Document Updates in English (29/2022)

EXCLUDE SUPPORT FOR COVID-19 PREVENTION AND CONTROL UPON ENTERPRISE CLASSIFICATION

This remarkable content is defined in the Resolution No. 87/NQ-CP dated July 18, 2022 of the Government on removing difficulties and problems related to classification of state-owned enterprises contributing to and supporting Covid-19 pandemic prevention and control.

Specifically, the Government agrees that state-owned enterprises contributing to the Vietnam Fund for Vaccination Prevention of Coronavirus Disease 2019 and supporting Covid-19 pandemic prevention and control shall be entitled to exclude their contributions, support for the pandemic prevention and control upon calculating criteria on operational efficiency assessment and enterprise classification as specified the Decree No. 87/2015/ND-CP.

The considered scope of exclusion includes: Expenses for, and contributions to, the pandemic prevention

and control with adequate documents as prescribed in the Government’s Decree No. 44/2021/ND-CP; Revenue reductions due to exemption or reduction of service charges or prices to support citizens and enterprises during the pandemic period according to the Government’s general policies or the Prime Minister’s directions.

Regarding calculation of criteria on operational efficiency assessment and enterprise classification, enterprises’ contributions and support shall be excluded in the year of assessment and classification in which their operation results are affected.

This Resolution takes effect from the signing date and is applicable to the operational efficiency assessment and enterprise classification in 2021 and 2022.

REDUCE UP TO 10% OF PREFERENTIAL IMPORT DUTY RATES APPLICABLE TO PETROLEUM PRODUCTS

On August 08, 2022, the Government issues the Decree No. 51/2022/ND-CP amending the preferential import duty rates applicable to petroleum products under heading 27.10 in the Preferential Import Tariff promulgated together with the Government's Decree No. 57/2020/ND-CP dated May 25, 2020, amending and supplementing a number of articles of the Government’s Decree No. 122/2016/ND-CP of September 1, 2016, on the Export Tariff, the Preferential Import Tariff and the list of commodity items and their specific duty rates, compound duty rates and out-of-quota import duty rates, and Decree No. 125/2017/ND-CP of November 16, 2017, amending and supplementing a number of articles of Decree No. 122/2016/ND-CP.

Specifically, the preferential import duty rate applicable to a certain of petroleum products such as RON

97 and above (2710.12.11); RON 90 and above, but below RON 97 (2710.12.12); other RON (2710.12.13); Tetrapropylene (2710.12.40); Alpha olefins (2710.12.91), etc. is 20%. The duty rate applicable to motor spirit, unleaded (HS codes from 2710.12.21 to 2710.12.29) also is reduced from 20% to 10%.

Besides, the duty rate of 5% shall be applied to topped crudes; lubricating oils for aircraft engines; lubricating greases; transformer and circuit breakers oils, etc. The duty rate of 7% shall be applied to automotive diesel fuel; other diesel fuels; fuel oils; aviation turbine fuel (jet fuel) having a flash point of 23°C or more; aviation turbine fuel (jet fuel) having a flash point of less than 23°C, etc.

This Decree takes effect from the date of its signing.

FROM SEPTEMBER 17 TO THE END OF 2023,
REDUCE 50% OF CHARGE FOR AUTHENTICATION OF INFORMATION ON CITIZENS

On August 03, 2022, the Ministry of Finance promulgates the Circular No. 48/2022/TT-BTC prescribing the rates, collection, remittance, management and use of charges for exploitation and use of information in the national population database.

In accordance with this Circular, from January 01, 2024 onwards, the charge rate for authentication of information on citizens, exploitation of information results shall be VND 1,000/information field.

From September 17, 2022 to the end of December 31, 2023, the applicable charge rates shall be equal to 50% of the above-mentioned charge rates.

Such charge rates shall be applicable to the followings: Authentication of information on citizens via SMS, electronic documents, paper documents (product SPDC01); SMS notifying the results of information requested to be exploited (product SPDC02); Electronic documents notifying the results of information requested to be exploited via the public service portal (product SPDC03); Electronic documents notifying the results of information requested to be exploited via the software applications (product SPDC04); Paper documents notifying the results of information requested to be provided (product SPDC05).

This Circular takes effect on September 17, 2022.

12 MEDICAL DEVICES SERVING COVID-19 PANDEMIC PREVENTION AND CONTROL IN EMERGENCY CASES

The Ministry of Health issues the Circular No. 06/2022/TT-BYT defining the list and issuance of registration numbers of medical devices serving COVID-19 pandemic prevention and control in emergency cases on August 01, 2022.

Accordingly, the Ministry of Health promulgates the list of 12 medical devices serving COVID-19 pandemic prevention and control in emergency cases as specified in Clause 3, Article 29 of the Decree No. 98/2021/ND-CP. A number of medical devices in the list shall be: High-performance ventilator, invasive and non-invasive ventilator, non-invasive ventilator, HFNC oxygen machine, portable ventilator; PCR machine; Chemicals (biological products) for operation of PCR machines for testing for SARS-CoV-2.

Additionally, SARS-CoV-2 rapid antigen/antibody test kit; continuous renal replacement therapy (CRRT) machine; mobile X-ray equipment; blood gas analyzer (that may measure electrolytes, lactate, hematocrit); patient monitor with ≥ 5 parameters; electric syringe pump, infusion pump; defibrillators with pacing option; blood clotting time testing machine; and cardiac output monitor are also in the above-mentioned list.

Besides, the form of certificates of registration of type-C and type-D medical devices serving COVID-19 pandemic prevention and control in emergency cases is added in this Circular.

This Circular takes effect on August 01, 2022.

MORE WORKS FOR PASSENGER TRANSPORT VEHICLES DEPARTING FROM STATIONS

On July 15, 2022, the Ministry of Transport issues the Circular No. 17/2022/TT-BGTVT amending and supplementing a number of articles of the Minister of Transport's Circular No. 12/2020/TT-BGTVT dated May 29, 2020, providing regulations on the organization and management of by-automobile transport activities and road transport support services.

Accordingly, the Ministry of Transports adds works to be settled for vehicles when departing from stations as follows: Departure on time according to the operation chart announced by the route management agency. Escape tools must be equipped on the vehicle; fire prevention and fighting safety

requirements for road motor vehicles prescribed in Decree No. 136/2020/ND-CP must be ensured.

Besides, provincial-level Departments of Transport shall manage and organize the printing of by-automobile transport business licenses, using the provided form; grant and re-grant by-automobile transport business licenses to the passenger and goods transport business units in localities. Concurrently, manage and organize the printing of badges and signboards according to forms or specific taxi badges of localities; grant and re-grant badges and signboards according to regulations.

This Circular takes effect from September 15, 2022.

MORE EXCEPTIONS WHERE COPYRIGHTS ARE NOT INFRINGED

The Law No. 07/2022/QH15 amending and supplementing a number of articles of the Law on Intellectual Property is promulgated by the National Assembly on June 16, 2022.

Accordingly, to add cases of use of published works where permission and payment of royalties are not required, but information about the authors’ name and the work origin is required such as: Duplication of works by authors for scientific research or teaching purposes and for non-commercial purposes (this provision does not apply in the case of duplication by copying devices); Reasonable duplication of a part of works by copying devices for scientific research or teaching purposes and for non-commercial purposes; Reasonable use of works for illustration in lectures, publications, performances, phonograms, video recordings, broadcasts for teaching purposes; etc.

Remarkably, additional regulations on authors and co-authors shall be as follows: An author is a person who directly creates a work. Where two or more people directly co-create a work with the intention that their contributions are combined into a complete whole, those persons are co-authors. A person who supports, gives suggestions or provides materials for another person to create a work is not the author or co-author.

The exercise of moral rights and economic rights for a work with co-authors must be agreed upon by the co-authors, unless the work has a separate part that can be separated for independent use without prejudice to the work of other co-authors or otherwise provided by other laws.

This Law takes effect on January 01, 2023.

AQUATIC ANIMAL PRODUCTS USED AS SAMPLES SHALL BE EXEMPTED FROM QUARANTINE

This highlight content is prescribed by the Ministry of Agriculture and Rural Development in the Circular No. 06/2022/TT-BNNPTNT dated July 28, 2022, amending and supplementing a number of articles of Circulars providing regulations on quarantine of aquatic animals and animal products.

Specifically, aquatic animal products subject to quarantine include: Aquatic animal products (including embryo, egg, semen and larvae products of aquatic species) in fresh, chilled or frozen form; Other aquatic animal products subject to quarantine as requested by the importing countries or the provisions of the treaties to which Vietnam has signed or acceded to.

Besides, the Circular also amends and supplements the list of aquatic animals and animal products exempted from quarantine, including imported aquatic animals and animal products through the diplomatic channel; aquatic animal products imported for use as materials for export processing or export production; aquatic animal products used as samples; aquatic animal products imported for display at fairs or exhibitions; aquatic animal products being exported food that is recalled or returned.

This Circular takes effect from September 11, 2022.