Legal Document Updates in English (31/2020)

TO REDUCE ENVIRONMENT PROTECTION TAX
FOR JET FUEL UNTIL THE END OF 2020

On July 27, 2020, the National Assembly Standing Committee issues the Resolution No. 979/2020/UBTVQH14 on amending and supplementing Sub-section 2, Section I of the Environment Protection Tariffs prescribed in Clause 1, Article 1 of the Resolution No. 579/2018/UBTVQH14 dated September 26, 2018 of the National Assembly Standing Committee on the Environment Protection Tariffs.

In accordance with this Resolution, the environment protection tax rate for jet fuel which is VND 2,100/liter, shall be applied from August 01, 2020 until the end of December 31, 2020; the environment protection tax rate for jet fuel which is VND 3,000/liter, shall be applied from January 01, 2021.

This Resolution takes effect on August 01, 2020.

THE MAXIMUM INTEREST OF CALL RATE APPLICABLE
TO VND DEPOSITS IS 6.0%/YEAR

On May 12, 2020, the State Bank of Vietnam issues the Decision No. 920/QD-NHNN on maximum interest of call rate applicable to VND deposits at credit institutions, foreign bank branches for borrowers to meet the capital demand in service of a number of economic sectors and industries as prescribed in the Circular No. 39/2016/TT-NHNN dated December 12, 2016.

Accordingly, the maximum interest of call rate applicable to VND deposits as prescribed in Clause 2, Article 13 of the Circular No. 39/2016/TT-NHNN applied by the credit institutions, foreign bank branches (except for

people’s credit fund and micro financial institution) is 5.0 % per annum. People’s credit fund and micro financial institution shall apply the maximum interest of call rate applicable to VND deposits of 6.0% per annum.

The signed credit contracts and loan agreement documents shall continue to be implemented under the signed credit contracts and loan agreements in accordance with the law at the time of contract and agreement signing.

This Decision takes effect on May 13, 2020.

TO REDUCE 0.5% OF THE MAXIMUM INTEREST RATE APPLICABLE
TO DEPOSITS WITH TERM OF 1-6 MONTHS

On May 12, 2020, the State Bank of Vietnam issues the Decision No. 919/QD-NHNN on the maximum interest rate applicable to VND deposits of organizations and individuals at credit institutions and foreign bank branches as prescribed in the Circular No. 07/2014/TT-NHNN dated March 17, 2014.

Accordingly, the maximum interest rate applicable to call deposits and deposits with term of less than one month to be of 0.2% per annum, reduced 0.3% in comparison with the previous provision (0.5% per annum).

In addition, the maximum interest rate applicable to deposits with term of one month to less than six months is reduced 0.5% to 4.25% per annum; for People’s credit funds and micro-financial institutions, the maximum interest rate applicable to deposits with term of one month to less than six months shall be 4.75% per annum.

This Decision takes effect on May 13, 2020.

03 CASES OF ADJUSTING THE FUND FOR ORDERING SERVICES
FOR MANAGEMENT AND MAINTENANCE OF INLAND WATERWAYS

On May 11, 2020, the Minister of Transport promulgates the Circular No. 10/2020/TT-BGTVT on providing placement of orders, or bidding for provision of public products and services on management and maintain the national inland waterway covered by state budget funds for regular expenditures.

Accordingly, funding for ordering services for management and maintenance of inland waterways shall be adjusted only in the following cases: The State changes the mechanism and policy on salary; The State adjusts economic and technical norms, expenses norms, prices, unit price of public services, changing the quantity and volume of public services ordered; Causes of force majeure

as prescribed by law affecting the provision of public services.

The provision for public service for managing and maintaining the national inland waterway shall be conducted by the method of bidding. Except for the procedure for remedy of natural disasters and guarantee of waterway transport in the first stage shall be implement as prescribed in the Circular No. 12/2018/TT-BGTVT. The Vietnam Inland Water Administration shall organize the supervision, acceptance, payment and settlement of public services for the management and maintenance of national inland waterways.

This Circular takes effect on July 01, 2020.

03 TYPES OF DRUGS USED FOR EXECUTION OF DEATH SENTENCES

The Government issues the Decree No. 43/2020/ND-CP on April 08, 2020, prescribing the execution of death sentences by lethal injection.

Accordingly, a dose of lethal injection drugs consists of 3 types, to be specify: Drugs that cause unconsciousness; Drugs that paralyze the movement system; Drugs that cause cardiac arrest. Such drugs shall be examined, unsealed and recorded in minutes by death sentence execution councils under regulations.

Firstly, a person to be executed death sentence shall be injected the drug to cause unconsciousness. After completing the injection, the officer who performs the execution shall examine the executed person. If the executed person has not yet become unconscious, the officer shall continue to inject the drug until such person becomes unconscious. Secondly, to inject the drug to paralyze the movement system; and thirdly, to inject the drug to cause cardiac arrest.

If the executed person is not dead ten minutes after each time of drug injection, the examining officer shall report such to the chairperson of the death sentence execution council for ordering continued use of the standby dose for the second time or third time. In case the third dose is completely injected and the executed person remains alive, the head of the execution team shall report for issuing a decision on suspension of the execution.

A person to be executed death sentence shall be entitled to burial expenses. In case relatives or lawful representatives of the executed person are permitted to receive his/her corpse or remains for burial, they shall bear all expenses and make a commitment to strictly complying with regulations on assurance of security, order and environmental sanitation.

This Decree takes effect on April 15, 2020.

TO EXEMPT FROM POWER ACTIVITY LICENSE
FOR ROOFTOP SOLAR POWER SYSTEMS

On July 17, 2020, the Ministry of Industry and Trade issues the Circular No. 18/2020/TT-BCT on prescribing the development of solar power projects and model electricity purchase and sale contracts applicable to solar power projects.

Accordingly, the output of part of the project or the whole project to be commercially operated before January 01, 2021 with an accumulated total output not exceeding 2,000 MW may apply power sale prices specified in Clause 3, Article 5 of the Decision No. 13/2020/QD-TTg. Noticeably, land and water surface use area with a definite term of the project must not exceed 1.2 ha/01 MWp.

In addition, in case the power purchaser is the Vietnam Electricity Group, the prices for purchase and sale of power from rooftop solar power systems must comply with Article 8 of the Decision No. 13/2020/QD-TTg. In case the power purchaser is not the Vietnam Electricity Group, power prices shall be agreed upon between the power purchaser and seller. Rooftop solar power systems may be exempted from electricity activity licenses.

This Circular takes effect on August 31, 2020.

TO SUPPLEMENT DOCUMENT FORMS FOR FOREIGNERS’ ENTRY AND EXIT

On June 10, 2020, the Ministry of Public Security issues the Circular No. 57/2020/TT-BCA on amending and supplementing a number of articles of the Ministry of Public Security’s Circular No. 04/2015/TT-BCA of January 05, 2015, providing document forms for entry, exit and residence of foreigners in Vietnam.

Accordingly, this Circular stipulates, guides and manages document forms for entry, exit and residence of foreigners in Vietnam under the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam, and the Law on amending and supplementing a number of articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam.

In addition, this Circular also supplements document forms for agencies, organizations and individuals inviting or guaranteeing for a foreigner’s entry, exit and residence in Vietnam, including: Information for e-visa application (NA1a); Written request for grant of e-account (NA19); Written request for cancelation of e-account (NA20).

Besides, to supplement document forms for immigration authorities, including: Official dispatch replying the request for grant of e-account (NB8); Official dispatch notifying the refusal to grant an e-account (NB9); Official dispatch notifying the cancellation of e-account (NB10).

This Circular takes effect on July 01, 2020.