Legal Document Updates in English (33/2021)

CRITERIA FOR CLASSIFYING STATE ENTERPRISES UNDERGOING
RESTRUCTURING AND DIVESTMENT

On July 02, 2021, the Prime Minister issues the Decision No. 22/2021/QD-TTg prescribing criteria for classification of State-owned enterprises and enterprises with State capitals undergoing ownership transformation, restructuring and divestment in the 2021 - 2025 period.

Specifically, enterprises with 100% of charter capital owned by the state shall conduct business activities in 13 business lines as follows: Mapping services for national defense and security; Public postal services, maintenance and management of public postal network; Policy credit for socio-economic development, deposit insurance and bad debt trading and settlement associated with restructuring the system of credit institutions, etc.

Enterprises in which the state holds at least 65% of charter capital, operating in the following business lines: Airport and aerodrome management and operation; airfield operation

CARS STOLEN FOR A MINIMUM PERIOD OF 30 DAYS
SHALL BE NOT LIABLE TO ROAD USER CHARGE

This content is defined in the Ministry of Finance’s Circular No. 70/2021/TT-BTC dated August 12, 2021 prescribing the rate, collection, payment, exemption, management and use of the road user charges.

According to this Circular, road user charges shall be calculated by year, by month or by vehicle registration and inspection cycle. Road user charge rates for 1 month applied to some vehicles as follows: VND 130,000 for cars carrying people, with under 10 seats and personal or household name registration; VND 390,000 for cars carrying people, with from 25 seats to under 40 seats; VND 1,430,000 for trucks with its own weight and pulled permissible weight of 40,000 kg or more, etc.

Cars being charge-liable objects are not liable to road user charge in the following cases: Being destroyed in accidents

or natural disasters; Being confiscated or having their registration certificates and number plates revoked; Being damaged in accidents so seriously that they can no longer be circulated without repair for 30 days or more; Being registered and inspected in Vietnam but operating abroad in 30 consecutive days or more; Being stolen for a minimum period of 30 days; etc.

Besides, the following vehicles are free of road user charge: Ambulances; fire engines; vehicles exclusively used for funeral; vehicles exclusively used for national defense; specialized vehicles of units under the organizational system of the public security forces; etc.

This Circular takes effect on October 01, 2021.

TO REDUCE ON-LENDING RATES OF ODA LOANS
FOR PROVINCIAL-LEVEL PEOPLE’S COMMITTEES FROM OCTOBER 01

On August 16, 2021, the Government issues the Decision No. 79/2021/ND-CP amending and supplementing a number of articles of Decree No. 97/2018/ND-CP of June 30, 2018, on the on-lending of official development assistance loans and foreign concessional loans of the Government.

Specifically, for a locality with transfers from the central budget accounting for 70% or more of its total local budget expenditures, the on-lending rate is reduced from 30% to 10% of ODA loans or concessional loans. For a locality with transfers from the central budget accounting for between 50% and below 70% of its total local budget expenditures, the on-lending rate is 30% of ODA loans or concessional loans, instead of 40% as in previous regulations.

CENTRAL NATURAL DISASTER PREVENTION AND CONTROL FUND IS PRIORITIZED
FOR EMERGENCY RELIEF IN FOOD, CURATIVE MEDICINES

The Decree No. 78/2021/ND-CP on the setting up and management of Natural Disaster Prevention and Control Funds is promulgated on August 01, 2021 by the Government.

Accordingly, Natural Disaster Prevention and Control Funds are off-budget state financial funds. They have legal status, their own seals and may open accounts at state treasuries and commercial banks legally operating in Vietnam. The Central Natural Disaster Prevention and Control Fund is managed by the Ministry of Agriculture and Rural Development and provincial-level natural disaster prevention and control funds are managed by People's Committees of provinces and centrally-run cities.

The Central Fund Management Council has no more than 09 members, including: the Chairperson (the Minister of Agriculture and Rural Development), 02 Vice-Chairpersons and members who are appointed or approved by the chairperson of the Fund Management Council at the request of the Fund Management Agency. The Supervisory Board of the Central Fund has no more than 05 members, including

GUIDANCE FOR SETTING UP THE 3-STOREY TOWER COVID-19 TREATMENT ESTABLISHMENTS

On August 26, 2021, the Ministry of Health issues the Decision No. 4111/QD-BYT on promulgating the Guidance for setting up the 3-storey tower COVID-19 treatment establishments.

Specifically, the 3-storey tower model in COVID-19 treatment is prescribed as follows: The first storey is where receiving and treating asymptomatic and mild cases (district-level hospital with at least 50 sickbeds); the second storey is where receiving and treating moderate and severe cases (district-level hospital with at least 50 sickbeds or provincial general hospital with the department of infectious diseases, infectious diseases hospital, lung hospital); the third storey is where receiving and treating severe and critical cases (infectious diseases hospital, provincial general hospital with infectious diseases department, ICU with technical capacity).

When the pandemic situation at the locality (provincial level) is in the state of “New normal” or “Moderate risk”, COVID-19

treatment establishments shall be set up according to the motto of four-on-the-spot treatment, when the pandemic situation at the locality changes from “Moderate risk” to “High risk” state, the motto of four-on-the-spot treatment shall no longer be used, and a 3-storey tower COVID-19 treatment establishment shall be set up.

Besides, upon completing tasks, the Director of the COVID-19 treatment establishment shall report the provincial-level People's Committee or the Ministry of Health, the Ministry of National Defence, and the Ministry of Public Security of the decision on dissolution of the COVID-19 treatment establishment; collect and treat wastes and take environmental hygiene measures; draw on experience, summarize and complete the receipt and treatment tasks, etc.

This Decision takes effect on the signing date.

PARENTS ARE ALLOWED TO ACCOMPANY
THEIR CHILDREN TO QUARANTINE ESTABLISHMENTS

The Official Dispatch No. 7020/BYT-MT regarding quarantine for children for COVID-19 prevention and control is promulgated on August 25, 2021 by the Ministry of Health.

Accordingly, the children’s parents/caregivers are allowed to accompany children to the medical establishments or concentrated quarantine establishments or stay with children at home or accommodations for quarantine. In case the parents/caregivers cannot accompany or stay with their children, local authorities shall arrange persons to take care of the children and/or appoint officers in the medical establishments/concentrated quarantine establishments or child care volunteers to take care of the children.

Vietnamese children under 16 years of age, who are in close contact with confirmed cases, shall be

HANOI TIGHTENS THE GRANT AND MANAGEMENT OF TRAVEL PAPERS

The People’s Committee of Hanoi City issues the Official Telegram No. 19/CD-UBND on strengthening strict social distancing measures to prevent the COVID-19 pandemic on August 21, 2021.

According to this document, the social distancing measure shall continue to be extended until 6:00 on September 06, 2021, for the COVID-19 pandemic prevention and control. Every citizen is requested to stay at the place of residence to prevent the disease from spreading. To isolate F0 cases from the community and effectively control the pandemic during the social distancing period.

The Chairman of Hanoi People’s Committee also requests central and municipal agencies and units; organizations and enterprises located in the areas to strictly comply with social

AGENCIES MUST CONDUCT WEEKLY RAPID ANTIGEN TEST
OR RT-PCR TEST FOR AT LEAST 20% OF THEIR AT-RISK EMPLOYEES

The Official Dispatch No. 6666/BYT-MT guiding the COVID-19 prevention and control at agencies and units is promulgated by the Ministry of Health on August 16, 2021.

Accordingly, in order to actively and early detect and timely handle infected cases (F0 cases), suspected cases, close contacts (F1 cases), persons in contact with close contacts (F2 cases) at agencies and units, and to ensure safety and realize the “dual goals”; limit the impact of the pandemic on their operations, the Ministry of Health requests units and agencies to: Establish the Steering Committee for COVID-19 prevention and control; Establish COVID-19 safety teams; Create QR codes of quarantine points to