Legal Document Updates in English (30/2021)

A WORKING SHIFT OF AN EMPLOYEE IN THE PIT MINE MUST NOT EXCEED 9.5 HOURS PER DAY

On July 16, 2021, the Ministry of Industry and Trade issues the Circular No. 04/2021/TT-BCT prescribing working time and rest time for employees doing jobs in pit mines.

Accordingly, a working shift of an employee in the pit mine must not exceed 9.5 hours per day; a working time of an employee at the production location in the pit mine must not exceed 07 hours per day and 42 hours per week.

Besides, the total working hours of working shifts and overtime working hours must not exceed 12 hours per day;

and the overtime working hours must not exceed 300 hours per year. The organization of overtime work shall be agreed by employees and comply with Articles 59 and 62 of the Government’s Decree No. 145/2020/ND-CP.

Employers shall send annual reports to the Ministry of Industry and Trade before January 15 and irregular reports at the request of competent agencies.

This Circular takes effect on September 01, 2021.

3 CASES IN WHICH THE CONDOMINIUMS SHALL BE DEMOLISHED TO CONSTRUCT NEW ONES

On July 15, 2021, the Government issues the Decree No. 69/2021/ND-CP on renovation and reconstruction of condominiums.

Accordingly, the Government specifies 03 cases in which the condominiums shall be demolished to construct new condominiums or other works under planning, including: Condominiums that shall be urgently demolished due to incidents, natural disasters, fire and explosion in accordance with the law provisions; Condominiums which have expired, or those that have not expired but received inspection and conclusion on the relocation or demolition by a provincial-level competent agency as prescribed; Condominiums whose one of the main structural components, including foundations, columns, walls, ceilings, and beams, is damaged and does not meet the requirements for normal use, which are not yet subject to demolition as prescribed in Clause 2 of this Article but located in the same areas with those subject to demolition

as prescribed in Clause 2, Article 110 of the Law on Housing.

In addition, if, in the old locations of condominiums which are subject to demolition, construction works other than condominiums are planned to be built, the condominium owners may choose between monetary compensation or resettlement at other locations. If the owners choose resettlement in other locations, they may be arranged in resettlement housing projects or commercial housing projects in the same commune-level areas; if there is no such housing project in the commune-level area, they shall be resettled in the same district-level area; if there is no such housing project in the district, they may be resettled in the neighboring district or, upon the wish of the condominium owners, they may be entitled to buy, rent, or rent-purchase social houses in the locality in accordance with the law provisions on housing.

This Decree takes effect from September 01, 2021.

5 GROUPS OF LOANS OF A CREDIT INSTITUTION OR FOREIGN BANK BRANCH

The State Bank of Vietnam issues the Circular No. 11/2021/TT-NHNN providing the classification of assets, risk provisioning levels and methods and use of provisions for handling risks in operations of credit institutions and foreign bank branches on July 30, 2021.

Accordingly, a credit institution or foreign bank branch shall classify loans into the following 5 groups: Group 1 - Pass; Group 2 - Special mention; Group 3 - Sub-standard; Group 4 - Doubtful; Group 5 - Potential loss. The classification of loans must fully satisfy the following requirements: Having an internal credit-rating system suitable to its business operations, customers and types of risk of loans, and having tested this system for at least 01 year; Having a risk provisioning policy; etc.

Besides, a credit institution or foreign bank branch shall use risk provisions to handle risks in the following cases: Its institutional customers are dissolved or go bankrupt under law or its individual customers are dead or missing; Loans are classified into group 5 (potential loss).

After a minimum period of 05 years, from the date of using provisions to handle risks and after taking all measures but the debts are unable to recovered, credit institutions, foreign bank branches shall be allowed to decide to release the risk-handled debt off the off-balance sheet.

This Circular takes effect from October 01, 2021.

AMENDING THE APPLICATION FOR VALUATION PRACTICE REGISTRATION FOR VALUERS

The Ministry of Finance promulgates the Circular No. 60/2021/TT-BTC on amending and supplementing a number of articles of the Circular No. 38/2014/TT-BTC dated March 28, 2014 on guiding a number of articles of the Government's Decree No. 89/2013/ND-CP dated August 06, 2013 detailing a number of articles of the Law on Price regarding valuation on July 21, 2021.

According to this Circular, for a valuation enterprise’s valuers being foreigners, certified copies of their work permits issued to foreign workers by competent Vietnamese agencies with the working period in conformity with the term of the labor contracts must be included in the valuation enterprise’s application for valuation practice registration for its valuers. To annul documents proving that the valuers are permitted to reside in Vietnam according to the law regulations on foreigners’ entry in, exit from and residence

in Vietnam, with the remaining time limit of the paper being at least 02 months in the application.

Additionally, the application must have a list of at least 10 sets of valuation brief reports and valuation result reports signed by a valuer in the previous year, except cases such as: The valuer practicing for under 06 months in the previous year; the valuer being in the list of valuers fully qualified to practice the valuation in the registration year announced by the Ministry of Finance, etc.

The Ministry of Finance also amends regulations on the time limit of storage of valuation dossiers. Specifically, it shall be at least 10 years from the date of issuance of valuation brief reports. According to the current regulations, such time limit shall only be applied to paper valuation dossiers; electronic database shall be stored permanently.

This Circular takes effect on September 03, 2021.

HANOI EXTENDS SOCIAL DISTANCING UNTIL 6:00 ON AUGUST 23, 2021

This highlight content is prescribed in the Official Telegram No. 18/CD-UBND dated August 06, 2021 of Hanoi People’s Committee, on continuing the imposition of social distancing measure in the City for COVID-19 pandemic prevention and control.

Specifically, the social distancing measure shall be extended until 6:00 on August 23, 2021, for the COVID-19 pandemic prevention and control. Every citizen is requested to stay at the place of residence to effectively prevent the disease from spreading during the social distancing period.

Agencies, units, organizations, enterprises, and unions located in the City must arrange their cadres, civil servants, public employees, and employees to use information technology to work from home; only cases of necessity, such as performing combat duties, standing agency watches, processing confidential documents and other

necessary tasks as required, shall be allowed to work at the office.

Also in accordance with this Official Telegram, the vaccination must be organized in a quick, safe, and effective manner; citizens shall be provided with guidance on actively preparing and declaring sufficient information before being vaccinated; those who have had regular health check-up records, and people without underlying diseases shall be provided with guidance to sign commitments to reduce screening time.

Besides, the Chairman of Hanoi People’s Committee also requests to review and requisition eligible buildings, education institutions, construction works, etc. as establishments to receive confirmed cases (asymptomatic cases) with a capacity of 30,000 patient beds and continue reviewing to increase the capacity to 50,000 patient beds when necessary.

TO SHORTEN CONCENTRATED QUARANTINE PERIOD FOR FULLY VACCINATED ENTRANTS

According to the Official Dispatch No. 6288/BYT-MT dated August 04, 2021 of the Ministry of Health, on shortening concentrated quarantine period for fully vaccinated entrants, fully vaccinated entrants fully meet the following conditions shall only be subject to 7-day concentrated quarantine and another 7 days for self-monitoring their health status:

- Possessing a certificate of a negative SARS-CoV-2 RT-PCR test (by RT-PCR/RT-LAMP method) issued within 72 hours before exiting by the competent agency of the country where the entrant was vaccinated.

- Possessing a certificate of having received full doses of COVID-19 vaccine (the last dose must be taken at least 14 days and no more than 12 months before the entry time)

An entrant who was infected with SARS-CoV-2 (having a certificate of positive test for SAR-COV-2 by RT-PCR method of single sample no more than 6 months up to the time of entry) is required to present a certificate of recovery from SARS-CoV-2 or equivalent papers confirming the recovery from SARS-CoV-2 issued by the competent agency of the country where he/she was treated.

COMMUNITY-BASED COVID GROUPS: NOT ENTER CITIZENS’ HOUSES
AND KEEP A DISTANCE OF MORE THAN 2 METERS

The Decision No. 3638/QD-BYT on promulgating the “Interim Guidance on Surveillance and Prevention of COVID-19” is issued by the Ministry of Health on July 30, 2021.

Accordingly, to add the content of “vaccination against COVID-19 according to the indications and instructions as prescribed” in the specific preventive measures for COVID-19 prevention and control. The Ministry of Health requires to quickly and thoroughly investigate and trace close contacts (F1 cases) and persons in contact with close contacts (F2 cases) of confirmed cases without exception.

Additionally, the Steering Committees for COVID-19 prevention and control of provinces, districts and communes, relevant agencies and units must mobilize all sources to ensure fast and effective tracing. Tracing must be carried out as soon as possible, immediately after receiving information about

the confirmed case. To trace according to principles and methods provided in the “Handbook for tracing people in contact with persons positive with SARS-CoV-2 virus” promulgated by the Ministry of Health.

In addition, regulations on prevention of the infection for community-based COVID groups are defined as follows: Members of community-based COVID groups must wear masks, use the hand sanitizer, and face shields (if any); not enter the citizens’ houses; only knock on doors, stand outside the house, ask the citizens to wear masks and keep a distance as far as possible upon communication (the minimum distance of more than 2 meters is required). Also, they should make Zalo groups with households which they are in charge of for daily report and contact.

This Decision takes effect on the signing date.

SUPPORT FOR ELECTRICITY CUSTOMERS AFFECTED BY COVID-19
THROUGH REDUCTION IN ELECTRICITY BILLS

On July 31, 2021, the Government issues the Resolution No. 83/NQ-CP on the plan on support for electricity customers through reduction (the fourth time) in electricity bills and electricity prices.

In accordance with this Resolution, the Government agrees to the plan on support for electricity customers affected by the COVID-19 pandemic through reduction (the fourth time) in electricity bills and electricity prices as proposed by the Ministry of Industry and Trade.

The Government also assigns the Ministry of Industry and Trade to assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, organizing the implementation of the plan according to the law-specified order and procedures and relevant regulations, ensuring stringency, proper beneficiaries, and avoidance of abuse of the policy for personal gain; and take the entire responsibility for the reported and proposed contents and data.

This Resolution takes effect on the signing date.