Legal Document Updates in English (34/2021)

SUPPORT UP TO 50% OF THE VALUE OF THE TECHNOLOGY TRANSFER
CONSULTANCY CONTRACT FOR SMES

This is a new content specified in the Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Law on Support for Small- and Medium-Sized Enterprises (hereinafter referred to as SMEs).

According to the Decree, a small-sized enterprise and a medium-sized enterprise shall be provided with the following support on technologies: support up to 50% of the value of the appropriate technology transfer consultancy contract, but not exceeding VND 100 million/contract per year; support up to 50% of the value of the contract for consulting on digital transformation solutions for enterprises in terms of business, administration, production, and technology processes and transformation of business model, but not exceeding VND 50 million/contract per year and VND 100 million/contract per year, respectively; etc.

Concurrently, a SME shall be provided with support to cover 100% of total expenses of a training course on

business startup and up to 70% of total expenses of a training course on corporate governance for SMEs; be exempted from fees for accessing and attending online lectures available on the online training systems of the Ministry of Planning and Investment and provincial-level People’s Committees; etc.

Besides, innovative startup SMEs, SMEs participating in industrial linkage clusters and value chains shall be provided with interest rate support by the state budget when borrowing loans for medium or long term at credit institutions to carry out the production and business plans and projects. In each period, interest rate difference subsidy from the state budget shall be performed for loans of innovative SMEs, SMEs participating in industrial linkage clusters and value chains via credit institutions with the interest rate difference of 2% per year.

This Decree takes effect on October 15, 2021.

TO REDUCE 50% OF INTERBANK PAYMENT FEES UNTIL THE END OF JUNE 30, 2022

On August 23, 2021, the State Bank of Vietnam issues the Circular No. 13/2021/TT-NHNN on amending and supplementing a number of articles of the Circular No. 26/2013/TT-NHNN dated December 05, 2013 of the State Bank of Vietnam on promulgating the State Bank of Vietnam’s Payment Services Fee Schedule.

Accordingly, the State Bank of Vietnam shall reduce 50% of the payment fees for 2 services of the State Bank of Vietnam’s Payment Services Fee Schedule, including “Transaction fees via the Interbank Electronic Payment System” and “Domestic payment service fees” from September 01, 2021 to the end of June 30, 2022. To be specific:

Transaction fees for the IBPS’s high value payment sub-system for payment orders received before 15:30 of the working day shall be reduced from 0.01% of the transaction value to 0.005% of the transaction value; transaction fees for the IBPS’s high value payment sub-system for payment orders received during the period from 15:30 to the time when the system stops receiving payment orders of the working day shall be 0.01%.

Transaction fees for the IBPS’s low value payment sub-system shall be reduced from VND 2,000 per transaction to VND 1,000 per transaction.

This Circular takes effect on September 01, 2021.

CONSTRUCTION WORKS SHOWING ABNORMAL SIGNS MUST BE MONITORED

The Circular No. 10/2021/TT-BXD guiding a number of articles and measures to implement the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021 and the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 is issued by the Ministry of Construction on August 25, 2021.

Accordingly, the monitoring of works in the course of construction of works shall be implemented by construction contractors in the following cases: In accordance with the technical instructions, the construction design having been approved and the construction measures having been approved; When the work shows abnormal signs (for example, the work collapses, slips, subsides, tilts, cracks, etc.) and it is necessary to conduct the monitoring in order to assess and determine the cause and take measures to

address these problems or prevent construction problems in the course of construction of works.

Also in accordance with this Circular, civil works; works of manufacturing construction materials and products, light industrial works, technical infrastructure works that must be monitored in the course of operation and use include: Special grade house, house-shaped structure, multi-story buildings with floors, works with large span structures in the form of frames; works with column, pillar, and tower structures, stadiums and sports fields with stands, gymnasium (sports), of grade I and above.

This Circular takes effect from October 15, 2021.

HANOI CONTINUES TO IMPOSE SOCIAL DISTANCING IN 10 DISTRICTS FOR ANOTHER 15 DAYS

This highlight content is provided in the Directive No. 20/CT-UBND dated September 03, 2021 of Hanoi People’s Committee on intensifying the implementation of measures to prevent and control the COVID-19 pandemic in the city.

Specifically, from 6:00 on September 06, 2021 to 6:00 on September 21, 2021, the city shall implement pandemic prevention and control measures in 03 separate zones as follows:

- Zone 1, including the entire administrative boundaries of 10 districts: Tay Ho, Ba Dinh, Cau Giay, Hoan Kiem, Dong Da, Hai Ba Trung, Thanh Xuan, Ha Dong, Hoang Mai, Thanh Tri, and a part of administrative boundaries of 5 districts: Nam Tu Liem, Bac Tu Liem, Hoai Duc, Thanh Oai, Thuong Tin, which are surrounded by Nhue River, Cau Nga Canal, Day River, Khe Tang Canal, To Lich River, Hong Van Canal and Red River, shall continue to apply social distancing under the Prime Minister’s Directive No. 16/CT- TTg dated March 31, 2020 and a number of more stringent measures.

- Zone 2, including the entire administrative boundaries of 05 districts: Long Bien, Gia Lam, Dong Anh, Soc Son, Me Linh, shall implement measures under the Prime Minister’s Directive No. 15/CT-TTg dated March 27, 2020 and a number of more stringent measures to promote and maintain safe production according to the approved plans.

- Zone 3, including the entire administrative boundaries of 10 districts and town: Ba Vi, Son Tay, Phuc Tho, Dan Phuong, Thach That, Quoc Oai, Chuong My, Ung Hoa, My Duc, Phu Xuyen, and a part of 05 districts: Nam Tu Liem, Bac Tu Liem, Hoai Duc, Thanh Oai, Thuong Tin, which are separated from others mainly by the Nhue River and Day River, shall implement measures under the Prime Minister’s Directive No. 15/CT-TTg dated March 27, 2020 and a number of more stringent measures on the principle that each commune, ward, residential area, and production area is an anti-pandemic fortress, applying 5K rules in combination with isolating residential areas when the pandemic breaks out.

CITIZENS IN HIGH-RISK AND VERY HIGH-RISK AREAS MUST BE TESTED EVERY 2-3 DAYS

This content is prescribed by the Ministry of Health in the Directive No. 09/CT-BYT dated September 01, 2021 on strengthening the implementation of measures to control the COVID-19 pandemic.

Specifically, preventive health care facilities are required to step up the testing and screening on a large scale, first in the blocked, very high-risk, and high-risk areas in the provinces and cities currently placed under social distancing. For high-risk and very high-risk areas, the test must be conducted every 2-3 days; for yellow and green areas, the test shall be conducted at least once. They must continue to effectively organize the coordination, sampling, and returning of test results within 24 hours to ensure the test schedule; at the same time, instruct citizens to take

samples for testing by themselves to prepare for the case of widespread disease.

Besides, medical examination and treatment establishments are not allowed to refuse to accept emergency patients, seriously or critically ill patients who come for examination and treatment. COVID-19 treatment establishments shall continue to update and implement treatment regimens according to the Ministry of Health's instructions; ensure necessary conditions for the treatment of COVID-19 patients; especially in terms of human resources, sickbeds, ventilators, medical oxygen, and drugs; continue to effectively implement the coordination and referral in a timely, effective manner, especially for patients with severe symptoms, etc.

TO REDUCE ELECTRICITY BILLS AND PRICES (THE FIFTH TIME)
FOR ELECTRICITY CUSTOMERS

On August 28, 2021, the Government issues the Resolution No. 97/NQ-CP on the plan on support for electricity customers through reduction (the fifth time) in electricity bills and electricity prices.

Accordingly, the Government agrees to the plan on support for electricity customers affected by the COVID-19 pandemic through reduction (the fifth time) in electricity bills and electricity prices as proposed by the Ministry of Industry and Trade in the Document No. 523/BC-BCT of August 23, 2021.

The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, organizing the implementation of the plan according to the law-specified order and procedures and relevant regulations, ensuring stringency, proper beneficiaries, and avoidance of abuse of the policy for personal gain.

This Resolution takes effect on the signing date.

THE AVERAGE PER-CAPITA GDP WILL REACH USD 4,700 - 5,000 BY 2025

The Resolution No. 16/2021/QH15 on the 2021-2025 five-year socio-economic development plan is issued on July 27, 2021 by the National Assembly.

Accordingly, the National Assembly sets out major targets for the 2021-2025 period as follows: The average growth rate of gross domestic product (GDP) will be 6.5-7% per year on average during the 5 years; The average per-capita GDP will reach USD 4,700 - 5,000 by 2025; Processing and manufacturing industries will account for over 25% of GDP while digital economy will account for around 20% of GDP; The total factor productivity (TFP) will account for around

45% of growth rate; The average life expectancy will be about 74.5 years, in which the healthy life expectancy will be at least 67 years; etc.

Major tasks and solutions include: Focusing on realizing the dual targets of both containing the COVID-19 pandemic and boosting socio-economic recovery and development, but based on the actual situation and specific areas to choose priorities, ensure the health and life of the people and social security; Intensifying efficient mobilization, allocation and use of resources, etc.

TO ENCOURAGE LOCALITIES TO ISSUE MORE SUPPORT POLICIES
FOR PEOPLE AFFECTED BY COVID-19 PANDEMIC

The Government issues the Resolution No. 88/NQ-CP on the Government’s virtual meeting with provinces on socio-economic situation in July and 7 months of 2021 on August 12, 2021.

Accordingly, the Ministry of Finance shall propose policies to support enterprises to carry out the "three-on-the-spot" and “1 route, 2 destinations” production models to meet the requirements of COVID-19 prevention and control; complete and submit to competent authorities for decision-making on solutions to extend, exempt or reduce taxes, fees, charges, and land rental, etc. to continue supporting people and businesses following the fast-track order and procedures; thoroughly adopt the saving of recurrent expenses and cutting down unnecessary expenses. At the same time, it shall closely monitor price movements of essential commodities, particularly raw materials, fuel, and essential commodities for people's life that tend to increase in price in order to promptly propose appropriate management and price stabilization measures.

In addition to the current support policies, the Government encourages localities, based on their resources, to issue more social security policies and support policies for people and workers affected by the COVID-19 pandemic, particularly for policy families, people with meritorious services, the poor, people who lost their jobs due to the COVID-19 pandemic.

The Party committees and authorities of provinces and centrally-run cities must ensure smooth circulation of goods according to the direction of the Prime Minister; timely supply all kinds of goods, especially food, to people in isolated areas, not to let people lack food, clothing, and necessities; focus on removing difficulties and obstacles, especially administrative procedures to restore and promote production and business. The Ministry of Information and Communications shall focus on building and deploying technological solutions to prevent and control COVID-19 such as digital health book, e-handbook guiding the prevention, control, and treatment of COVID-19.