Legal Document Updates in English (31/2021)

REDUCE BY 50% OF FEES FOR GRANT OF QUARANTINE CERTIFICATES
FOR AQUATIC ANIMALS IMPORTED AND IN TRANSIT

The Circular No. 68/2021/TT-BTC providing a number of charge and fee rates in the field of animal health to support and remove difficulties for subjects affected by the COVID-19 pandemic is promulgated by the Ministry of Finance on August 06, 2021.

According to this Circular, from August 06, 2021 until the end of December 31, 2021, rates of a number of charges and fees in the field of animal health shall be equal to 50% of the one specified in the Charge and Fee Tariff in the animal health work issued together with the Circular No. 101/2020/TT-BTC.

To be specific, such rates shall be applied to the following charges and fees: Fees for grant of quarantine certificates

CHARGE OF APPRAISAL FOR GRANTING CERTIFICATES FOR IMPORTED FOODS: 1,000,000/TIME/CERTIFICATE

The Ministry of Finance promulgates the Circular No. 67/2021/TT-BTC prescribing charges related to food safety and the collection, remittance, management and use thereof on August 05, 2021.

According to this Circular, the tariff of charges related to food safety shall be as follows: 1,000,000/time/certificate for the appraisal for granting certificates for imported foods (certificate of free sale, certificate of export, medical certificate); VND 700,000/time/establishment for the

appraisal of food and beverage service providers providing under 200 servings; etc.

Besides, not later than the 05^th day of every month, charge-collecting organizations must remit the charges collected in the previous month into the designated state budget account which is opened at the State Treasury.

This Circular takes effect on September 19, 2021.

CONDITIONS TO ENJOY PENSION UPON DECREASE IN WORKING CAPACITY FROM 2021

The Ministry of Labor, Invalids and Social Affairs issues the Circular No. 06/2021/TT-BLDTBXH amending and supplementing a number of articles of the Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015, of the Ministry of Labor, Invalids and Social Affairs, detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance on July 07, 2021.

To be specific: From January 1, 2021, the conditions for employees to enjoy pension when suffering working capacity decrease shall comply with the provisions of Article 55 of the Law on Social Insurance as amended and supplemented at Point b, Clause 1, Article 219 of the 2019 Labor Code. The determination of the age threshold for calculating the years of early retirement to serve as a basis for calculating the

reduction rate in their pension shall comply with Clause 3, Article 7 of the Decree No. 135/2020/ND-CP.

The following provisions on determining the monthly pension also are added: The determination of the years of paying social insurance premiums corresponding to the pension enjoyment rate equal to 45% shall be based on the time when employees start enjoying the monthly pension.

In addition, when determining the child's age to serve as a basis for settlement of the survivorship regime, if the relatives who are eligible for monthly survivorship allowances wish to receive a lump-sum survivorship allowance, the age of a child under 6 years old shall be counted towards the end of the month preceding the month of his/her birth in the year he/she is full 6 years old.

This Circular takes effect from September 01, 2021.

DETERMINATION OF ELECTRICITY WHOLESALING PRICE
FOR INDUSTRIAL PARKS, INDUSTRIAL CLUSTERS

On August 06, 2021, the Ministry of Industry and Trade issues the Circular No. 06/2021/TT-BCT amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 16/2014/TT-BCT dated May 29, 2014, prescribing the implementation of electricity sale prices.

Accordingly, the electricity retailing units in industrial parks where electricity is purchased from the national electric system combining simultaneously with other electric sources to retail electricity to their customers in the industrial parks shall be responsible for developing the scheme of electricity sale price for customers in the area for submission to the Department of Industry and Trade for verification, then submitting to the provincial-level People’s Committee for annual approval.

Besides, the electricity wholesaling prices at 110 kV bus bar of 110 kV substation of industrial parks, industrial clusters

shall apply in case the electricity retailing units purchase electricity wholesale at the 110 kV bus bar of industrial parks, industrial clusters (110 kV substation invested by the purchaser) for retailing to customers using electricity in the industrial parks, industrial clusters. The electricity wholesaling prices applied to each 110 kV substation shall be determined by reference to the total capacity of 110 kV transformers installed in industrial parks, industrial clusters.

The electricity wholesaling prices at 110 kV bus bar of 220 kV substation or the shunt of 110 kV line into industrial parks, industrial clusters shall be applied equally to the electricity retailing prices at the 110 kV level or higher in case the electricity retailing units purchase electricity wholesale for retailing to customers using electricity in the industrial parks, industrial clusters at the voltage level of 110 kV.

This Circular takes effect on September 25, 2021.

HCMC STRIVES TO PUT THE PANDEMIC UNDER CONTROL BEFORE SEPTEMBER 15

This content is prescribed in the Government’s Resolution No. 86/NQ-CP dated August 06, 2021, on urgent COVID-19 pandemic prevention and control measures to implement the Resolution No. 30/2021/QH15 dated July 28, 2021 of the 15^th National Assembly.

According to this Resolution, localities currently placed under social distancing in line with the Directive 15 and the Directive 16 of the Prime Minister must strictly adhere to the principle that “various solutions shall be taken to implement one policy”. Within 14 days from the first day of social distancing period, the “green zones” must be identified and firmly protected; within 28 days, the situation in the area must be controlled, and the “red zones” must be isolated in the narrowest range.

Ho Chi Minh City must strive to control the pandemic before September 15, 2021.  Binh Duong, Long An and Dong Nai provinces shall strive to control the pandemic before September 01, 2021. Other provinces and cities shall strive to control the pandemic before August 25, 2021.

The Ministry of Public Security and the Ministry of Foreign Affairs shall promote “vaccine diplomacy” by all methods; promote aid, purchase and import of vaccines to quickly meet vaccination requirements as much as possible, to achieve herd immunity as soon as possible.

This Resolution takes effect from July 28, 2021, to the end of December 31, 2022.

RECOGNITION OF THE VACCINATION CERTIFICATE ISSUED BY FOREIGN AGENCIES

The Official Dispatch No. 2974/LS-PL guiding the inspection and recognition of the vaccination certificate, certificate of recovery from COVID-19 issued by foreign agencies is promulgated by the Consular Department on August 06, 2021.

In order to facilitate the implementation of the Guidance on quarantine promulgated in the Official Dispatch No. 6288/BYT-MT dated August 04, 2021 of the Ministry of Health, the Consular Department requests Vietnamese overseas missions as follows:

- In case the templates of vaccination certificate and certificate of recovery from COVID-19 have not yet been officially introduced to the overseas missions: Carry out procedures for consular legalization/certification for entrants to use such papers in Vietnam.

PERSONS HAVING NO PLACES OF PERMANENT RESIDENCE OR
PLACES OF TEMPORARY RESIDENCE MUST DECLARE THE RESIDENCE INFORMATION

On June 29, 2021, the Government promulgates the Decree No. 62/2021/ND-CP detailing a number of articles of the Law on Residence.

Accordingly, persons who have no places of permanent residence or places of temporary residence shall declare their residence information to residence registration offices in their current places of residence. In cases where residence registration offices examine and detect persons who must declare their residence information, the residence registration offices shall assume the responsibility for guiding and requesting the citizens to declare. 

Besides, when a citizen registers for residence, he/she must prove the lawful place of residence by any of the following papers and documents: Papers and documents proving land use rights, ownership of house or assets attached to land issued by competent agencies; Construction permit; Sale

agreement for state-owned houses or papers on the liquidation of state-owned houses; Papers on purchase, lease-purchase, receipt as donation, inheritance, etc.

Also in accordance with this Decree, citizen information shall be collected and updated in the database on residence from the following sources: The national database on population, the database on citizen identification, the electronic database on civil status, other national databases and specialized databases shared with the database on residence; Papers, documents and records on residence registration and management; archives of household registration records, residence registration and management records; archives of citizen identification, civil status papers.

This Decree takes effect on July 01, 2021.

2 CRITERIA FOR CLASSIFICATION OF SEAPORTS IN VIETNAM

The Decree No. 76/2021/ND-CP on criteria for classification of seaports is issued on July 28, 2021 by the Government.

Specifically, criteria for assessment and classification of seaports in Vietnam include a criterion on the scope of impacts of seaports and criterion on the size of seaports. In which, the criterion on the scope of impacts of seaports shall be assessed on the basis of the overall master plan on development of the seaport system approved by a competent state agency; the criterion on the size of seaports shall be assessed on the basis of the output of goods handled at seaports and deadweight tonnage of ships received at seaports.

Seaports shall be assessed and classified into 04 categories as follows: Special seaports are those getting the total score of over 90 points; Class-I seaports are those getting the total score of between over 70 points and 90 points; Class-II

seaports are those getting the total score of between 50 points and 70 points; Class-III seaports points the total score of less than 50 points.

In January of the first year of a 5-year period or based on the actual development at seaports, the Vietnam Maritime Administration shall make a list of seaports and assessment and classification of seaports, and submit it to the Ministry of Transport. Based on the Vietnam Maritime Administration’s report, the Ministry of Transport shall solicit opinions of ministries, provincial-level People’s Committees and related agencies, organize the appraisal, and submit a dossier to the Prime Minister for the latter to decide on classification of seaports and announcement of the list of seaports.

This Decree takes effect on September 10, 2021.