Legal Document Updates in English (33/2020)

TO REDUCE 20% OF THE CHARGE RATE
FOR GRANTING LICENSE FOR EXPLOITING WATER RESOURCE

On May 05, 2020, the Minister of Finance promulgates the Circular No. 36/2020/TT-BTC on prescribing the collection and remittance rate of granting license for exploring, exploiting and using water resource; discharging wastewater into the water source and performing groundwater exploitation by the state agencies and charge of exploiting and using hydro meteorological information and data.

Accordingly, organizations, individuals shall have to pay 80% of the charge rates for granting license for exploring, exploiting and using water resource; discharging wastewater into the water source and performing

groundwater exploitation by the state agencies from May 05, 2020 to December 31, 2020. From January 01, 2021, organizations and individuals shall pay the charge as prescribed before.

In addition, in this duration, agencies, organizations, individuals, upon asking the Hydro meteorological Center of the Ministry of Resources and Environment to provide information and date on hydro meteorological shall have to pay the charge equal to 70% the charge rate prescribed before.

This Decree takes effect from May 05, 2020, until the end of December 31, 2020.

TO REDUCE 50% OF THE APPRAISAL CHARGES
FOR GRANT OF TRAVEL SERVICE BUSINESS LICENSES UNTIL DECEMBER 31

On May 05, 2020, the Ministry of Finance issues the Circular No. 35/2020/TT-BTC on prescribing the rates and the remittance of appraisal charges for grant of international tour operator licenses or domestic travel service business licenses; appraisal charges for grant of tour guide’s cards.

Specifically, organizations and individuals that submit dossiers requesting state management agencies in charge of tourism to grant international tour operator licenses, domestic tour operator licenses or tour guide cards shall pay a charge as follows:

From May 05, 2020 until the end of December 31, 2020, the charge rate is equal 50% of the charge rate as prescribed in Clauses 1 and 2, Article 4 of the Circular No. 33/2018/TT-BTC dated March 30, 2018 of the Minister of Finance on

prescribing the rates and the collection, remittance and management of appraisal charges for grant of international tour operator licenses or domestic travel service business licenses; appraisal charges for grant of tour guide’s cards; and fees for grant of licenses for establishment of Vietnam-based  representative offices of foreign travel service business enterprises.

From January 01, 2021, the appraisal charge for the grant of international tour operator licenses or domestic tour operator licenses and appraisal charges for grant of tour guide’s cards specified in Clauses 1 and 2, Article 4 of the Circular No. 33/2018/TT-BTC shall be applied.

This Decree takes effect from May 05, 2020 until the end of December 31, 2020.

THE MAXIMUM RATIO OF SHORT-TERM CAPITAL SOURCES
BY THE END OF SEPTEMBER 30, 2021 OF FOREIGN BANK IS 40%

The State Bank of Vietnam promulgates the Circular No. 08/2020/TT-NHNN on amending and supplementing a number of articles of the Circular No. 22/2019/TT-NHNN dated November 15, 2019 by the Governor of the State Bank of Vietnam on prescribing limits and prudential ratios in operations of banks and foreign bank branches on August 14, 2020.

In accordance with this Circular, banks and foreign bank branches shall comply with the maximum ratio of short-term capital sources for provision of medium- and long-term loans according to the schedules below:

From January 01, 2020 to the end of September 30, 2021: 40%; From October 01, 2021 to the end of September 30, 2022: 37%; From October 01, 2022 to the end of September 30, 2023: 34%; From October 01, 2023: 30%.

Besides, Chief of Office, Chief Inspector of the Banking Supervision Agency, Heads of units under the State Bank of Vietnam, Directors of State Bank branches in provinces and centrally-run cities, Directors of banks and foreign bank branches shall be responsible for the implementation of this Circular.

This Circular takes effect on October 01, 2020.

A CERTIFICATE OF ORIGIN OF A GOODS IS VALID FOR 01 YEAR

On April 08, 2020, the Ministry of Industry and Trade issues the Circular No. 08/2020/TT-BCT on providing the rules of origin under the Vietnam - Cuba Trade Agreement.

Accordingly, a Certificate of origin (C/O) shall be granted within 03 days from the date of exporting and shall be valid for 01 year from the date of issue. A Certificate of origin shall be invalid if the declared information is not sufficient and valid. A Certificate of origin must bear the signature, name and stamp of the competent agency. A Certificate of origin shall not be granted before the issuing date of the commercial invoices and may be granted in the same date with the issuing date of the commercial invoices.

The granted C/O is not allowed to erase or write additional content. Any error should be crossed out and add necessary information. Such a change must be approved by a person competent to sign in the C/O and certified by the agencies and organizations granting C/Os. In case of issuance of the new C/O replacing the original C/O, the new C/O must have the reference number and issuing date of the original C/O and clearly state: “replaces C/O No. .... date of issue....”. The new C/O shall be valid from the issuing date of the original C/O.

This Circular takes effect on May 25, 2020.

FROM JUNE 01, MORE WORKS SUBJECT
TO HYDRO-METEOROLOGICAL OBSERVATION

On April 15, 2020, the Government issues the Decree No. 48/2020/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology.

In accordance with this Decree, from the effective date of this Decree, there are many works subject to hydro-meteorological observation under Clause 3, Article 13 of the Law on Hydro-meteorology, specifically:

Firstly, highways in areas with severe weather phenomena determined according to disaster risk zoning announced by the Ministry of Natural Resources and Environment’s Vietnam Meteorological and Hydrological Administration and updated once every 3 years.

Secondly, general inland waterway ports of category I or higher category. In which, general inland waterway ports of category I or higher category to be observed in terms of

visibility, water level, and wind direction and speed, at a frequency of 4 times a day according to Hanoi time at 01:00, 07:00, 13:00 and 19:00.

Thirdly, works of particular nature, including islands belonging to the Spratly archipelago, rigs of economic-technical service clusters (DK1), and military aerodromes serving national defense and security purposes.

Besides, the Government also changes the time to provide hydro-meteorological observation information and data for civil aerodromes on the direction and speed of wind, including gusts, visibility, weather phenomena, cloud, temperature, dew point temperature, and barometric pressure, and additional observation data once every 30 minutes (if available), continuously for 24 hours at aerodromes operating around the clock.

This Decree takes effect on June 01, 2020.

TO FINE UP TO VND 30 MILLION FOR ADVERTISING CALLS AFTER 5:00 P.M.

On August 14, 2020, the Government promulgates the Decree No. 91/2020/ND-CP on fighting against spam text messages, spam emails and spam calls.

Accordingly, every advertiser shall not be allowed to send more than 03 advertising text messages to one telephone number, 03 advertising emails to one email address and make 01 advertising call to one telephone number within 24 hours, unless otherwise agreed with the user.

Besides, only sending text messages from 07:00 to 22:00 every day, only making advertising calls from 08:00 to 17:00 every day, unless otherwise agreed with the user. Only sending advertising text messages and making

advertising calls after being granted the brandname and the use of telephone number to send advertising text messages or make advertising calls is not allowed.

Specifically, to fine from VND 20 million to VND 30 million for one of the following violations: Making more than 01 advertising call to 01 telephone number within 24 hours; Making advertising calls outside the period from 08:00 to 17:00 per day without any other agreement with users. Particularly, to fine up to VND 100 million for the violation of sending advertising text messages or making advertising calls to telephone numbers in the List of DoNotCall.

This Decree takes effect on October 01, 2020.

TELECOMMUNICATION EQUIPMENT MUST BE RE-VERIFIED
AT LEAST 60 DAYS BEFORE EXPIRED

On April 13, 2020, the Minister of Information and Communications promulgates the Circular No. 07/2020/TT-BTTTT on verification of telecommunications equipment and radio stations.

In accordance with this Circular, telecommunication equipment and radio stations must be re-verified at least 60 days before the expiration date indicated in the Verification certificate. In addition, in case the equipment already verified but the technical condition changed in contrary to the permitted regulation or adjacent construction have changed and lead to potential of unsafety for electromagnetic field expose, the verification certificate of such equipment shall expired and organizations and enterprises have to suspend the operation and solve the unconformity condition and carry out the re-verification of the equipment.

The dossier for appraising and granting the verification certificate including the written request for verification; Measurement results from the measurement agency; Description documents and using instruction of the equipment. Dossier can be submitted at the headquarter of the verification organizations or send through the post service to the verification organizations or send directly via online public service portal. Within 30 days after verification certificates are granted, organizations or enterprises shall post up copies of these certificates at the spot convenient to look at and outside of the location where such telecommunications equipment and radio stations are located.

This Circular takes effect on June 01, 2020.

FROM MAY 01, THE INTERCONNECTION CHARGE
FOR A VOICE CALL IS VND 270 PER MINUTE

This content is prescribed by the Ministry of Information and Communications in the Circular No. 05/2020/TT-BTTTT on providing the interconnection charges for voice calls between two national terrestrial mobile telecommunications networks and between the local terrestrial stationary telecommunications network and national terrestrial mobile telecommunications network on March 05, 2020.

Accordingly, interconnection charges for voice calls between two mobile networks are applied as follows: Interconnection charge for a voice call to a terminating network is VND 270 per minute (excluding VAT).

Concurrently, interconnection charges for voice calls from mobile network to local stationary network are applied as follows: Interconnection charge for a voice call to a terminating network is VND 270 per minute (excluding VAT).

Besides, interconnection charges for voice calls from local stationary network to mobile network are applied as follows: Interconnection charge for a voice call to a terminating network is VND 270 per minute (excluding VAT).

This Circular takes effect on May 01, 2020.