Legal Document Updates in English (33/2021)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

22/2021/QD-TTg

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

 

Criteria for classifying State enterprises undergoing restructuring and divestment

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

2

70/2021/TT-BTC

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

 

Cars stolen for a minimum period of 30 days shall be not liable to road user charge

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

79/2021/ND-CP

Decree No. 79/2021/ND-CP dated August 16, 2021 of the Government 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

 

To reduce on-lending rates of ODA loans for provincial-level People’s Committees from October 01

Page 2

NATURAL RESOURCES - ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

4

78/2021/ND-CP

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

 

Central Natural Disaster Prevention and Control Fund is prioritized for emergency relief in food, curative medicines

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

5

4111/QD-BYT

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

 

Guidance for setting up the 3-storey tower COVID-19 treatment establishments

Page 3

6

7020/BYT-MT

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

 

Parents are allowed to accompany their children to quarantine establishments

Page 3

7

19/CD-UBND

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

 

Hanoi tightens the grant and management of travel papers

Page 4

8

6666/BYT-MT

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

 

Agencies must conduct weekly rapid antigen test or RT-PCR test for at least 20% of their at-risk employees

Page 4


 

SUMMARY:

 

Ü ENTERPRISE

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

 

services; Financial and banking services (excluding insurance, securities, fund management companies, financial companies and financial leasing companies), etc.

For enterprises not operating in the business lines in accordance with the classification criteria, one of the following criteria may be applied to conduct the ownership transformation, restructuring and divestment: Plantation and processing of rubber or coffee in strategic areas; mountainous areas; remote areas; far-away areas related to the national defense and security; Enterprises manufacturing and providing public services and products whose revenue ratio from providing public services accounts for at least 50% of their total revenue for 03 consecutive years before the proposed date of transformation; etc.

This Decision takes effect from August 19, 2021.

Ü TAX – FEE – CHARGE

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.

Ü FINANCE – BANKING

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.

 

Besides, for programs and projects related to sustainable development and climate change adaptation of a number of localities in the Mekong Delta region that need support from the Government as instructed by the Government in Resolution No. 41/NQ-CP, on-lending rates shall be decided by the Government but must be not less than 10%.

Also in accordance with this Decree, security is not required for: Loans to be on-lent to provincial-level People’s Committees; Loans received by project management boards under ministries then to be transferred to provincial-level People’s Committees.

This Decree takes effect on October 01, 2021.

Ü NATURAL RESOURCES - ENVIRONMENT

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

 

the Head of the Supervisory Board, who is appointed or approved by the chairperson of the Fund Management Council at the request of the Fund Management Council, and its members.

Central Natural Disaster Prevention and Control Fund is used for relieving and supporting natural disaster response activities that are beyond the local response capacity; in which priority shall be given to emergency relief in food, drinking water, curative medicines and other essentials to those suffering from damage caused by natural disasters, supporting the repair of houses, health establishments and schools and for dealing with environmental sanitation issues in natural disaster-hit areas; supporting the remediation of natural disaster consequences for localities suffering from damage caused by natural disasters beyond their remediation capacity; supporting emergency projects for natural disaster prevention, control and remediation, etc.

This Decree takes effect on September 15, 2021.

Ü MEDICAL – HEALTH

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

 

quarantined at home for 14 days from the date of last contact, continue to have their health monitored for the next 14 days.

For fully vaccinated foreign or overseas Vietnamese children or those who have recovered from COVID-19, if they are under 18 years of age and enter Vietnam with their parents/caregivers, they shall undergo a 7-day concentrated quarantine with their parents/caregivers from the date of entry; continue to have their health monitored for the next 7 days. Foreign or overseas Vietnamese children, less than 18 years of age, entering Vietnam but their parents/caregivers are living in Vietnam shall undergo a 14-day home quarantine with their parents/caregivers from the date of entry.

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

 

distancing regulations; tighten the grant and management of travel papers of cadres, civil servants, public employees, and employees.

Besides, the Provincial-level Department of Health shall improve testing capacity, organize large-scale testing and test according to the plan to ensure safety, accuracy, and return samples in 12 hours for high-risk subjects (F1 cases) and 24 hours for remaining samples; and at the same time, ensure the ability to receive and provide treatment for 30,000 F0 cases; implement a medical treatment response plan, including health staff, medical oxygen, necessary medical equipment, and supplies, etc.

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

 

manage people entering or leaving the unit and making health declaration as prescribed, etc.

Especially, agencies and units must conduct screening tests for SARS-CoV-2 by rapid antigen test or RT-PCR method on a weekly basis for at least 20% of at-risk employees; for employees going on business trips, especially those going to, from, and returning from pandemic areas: they must be tested for SARS-CoV-2 by rapid antigen test or RT-PCR method within 03 days (72 hours) prior to or after the business trip, up to the time of business trip or returning the units and agencies or according to other regulations of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.

 

 

 

 

 

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