Legal Document Updates in English (36/2021)

SPECIAL PREFERENTIAL IMPORT DUTY RATES
UNDER 2021-2022 VIETNAM-CAMBODIA ARRANGEMENT

The Government promulgates the Decree No. 83/2021/ND-CP on Vietnam’s Special Preferential Import Tariff to implement the Arrangement on Bilateral Trade Enhancement between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia during 2021-2022 on September 13, 2021 (the 2021-2022 Vietnam-Cambodia Arrangement).

According to this Decree, to be eligible for Vietnam's special preferential import duty rates for the implementation of the 2021-2022 Vietnam-Cambodia Arrangement, imports must fully satisfy the following conditions: Being in Special Preferential Import Tariff for the implementation of the 2021-2022 Vietnam-Cambodia Arrangement; Having a certificate of origin (C/O) form S issued by a competent authority of the Kingdom of Cambodia; Being cleared from customs procedures through the pairs of border gates as specified.

Besides, in case rice items are imported beyond the quotas as specified (over-quota imports), the volume of over-quota imports may be eligible for special preferential import duty rates specified in Free Trade Agreements to which Vietnam and Cambodia are contracting parties or may be eligible for preferential import duty rates.

In addition, in case the volume of imported unprocessed tobacco leaves exceeds the quotas as specified but remains under total quotas prescribed by WTO and satisfies the conditions prescribed in Vietnam’s legal normative documents on tariff quotas, such volume will be subject to preferential import duty rates under the Decree No. 57/2020/ND-CP and its amending and supplementing documents, etc.

This Decree takes effect from the signing date, until the end of December 31, 2022.

GOODS IMPORTED AS AID FOR COVID-19 PREVENTION ARE SUBJECT TO IMPORT DUTY POLICY
APPLICABLE TO IMPORTS USED AS HUMANITARIAN AID

On September 11, 2021, the Government issues the Resolution No. 106/NQ-CP on tax policies applicable to goods imported for use as aid for the prevention and control of the COVID-19 pandemic.

Accordingly, goods imported by Vietnamese organizations and individuals to be provided as aid to the Government, the Ministry of Health, provincial-level People's Committees and Vietnam Fatherland Front Committees to serve the prevention and control of the Covid-19 pandemic, shall be subject to import duty and value-added tax policies applicable to goods imported for use as humanitarian aid and non-refundable aid.

The Ministry of Health, and provincial-level People's Committees and Vietnam Fatherland Front Committees shall issue documents on approval and receipt of above-mentioned goods at the request of organizations and individuals, ensuring publicity, transparency and tightness with a view to preventing policy profiteering.

Besides, the Government also assigns the Ministry of Finance to guide customs dossiers for goods imported for use as aid for the prevention and control of Covid-19 pandemic.

This Resolution takes effect on the signing date.

ONE MORE CASE OF EXEMPTION FROM ANCHORAGE CHARGES APPLICABLE TO SHIPS

The Circular No. 74/2021/TT-BTC on amending and supplementing a number of articles of the Circular No. 261/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on prescribing maritime charges and fees and the tariff thereof is promulgated by the Ministry of Finance on August 27, 2021

Accordingly, to add a case in which the charge payers are exempted from the anchorage charges: Ships being anchored to wait to perform the medical quarantine before entering piers for handling cargoes, picking up or dropping off passengers or being forcibly anchored for isolation at the designated location at the request of a competent agency for the prevention, control and medical quarantine of

epidemic during the epidemic announcement by a competent state agency.

Also, the charge payers shall be exempted from the maritime safety assurance charges applicable to ships in one more case as follows: Ships are dispatched by a maritime administration to move to another maritime area to perform the medical quarantine or isolation work at the request of a competent agency for the prevention, control and medical quarantine of an epidemic during the epidemic announcement by a competent state agency.

This Circular takes effect on October 12, 2021.

TO PROMULGATE NEW CERTIFICATION FORMS FOR SOCIAL HOUSE PURCHASE

The Circular No. 09/2021/TT-BXD guiding the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/2017/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management is issued by the Ministry of Construction on August 16, 20201.

Accordingly, bid-winning investor is the one with the highest total score of criteria on a scale of 100. To be specific: Criterion on the financial capacity to perform the project: From 20 to 30 points; Criterion on architectural and planning solutions: From 15 to 25 points; Criterion on investment in technical and social infrastructure construction: From 10 to 20 points; Criterion on experience in performing the housing investment project: From 5 to 15 points; Criterion on the

schedule to perform the project and put it into use: From 5 to 10 points.

Besides, the Ministry of Constructions promulgates forms of papers proving eligible subjects and conditions for entitlement of social housing support policies for households and individuals that purchase, rent, or rent-purchase social houses, including written requests for purchase, rent, or rent-purchase of social houses; forms of certification of eligibility and housing status; forms of paper proving satisfaction of the income condition, etc.

After 15 working days from the date of receiving the list of expected purchasers, lessees, and lessees-purchasers of social houses, the provincial-level Department of Construction of the locality where the project is located shall be responsible for inspecting and updating the list subjects eligible for purchase, rent and rent-purchase of social houses on its portal and the Ministry of Construction's portal.

This Circular takes effect on October 01, 2021.

HANOI: FOOD AND BEVERAGE SERVICE PROVIDERS FOR TAKEOUTS MUST CLOSE BEFORE 21:00

This content is defined in the Hanoi People's Committee’s Official Dispatch No. 3084/UBND-KGVX of September 15, 2021 on adjusting a number of measures to prevent and control COVID-19 pandemic in the City.

Specifically, from 12:00 on September 16, 2021, for districts, towns that have not recorded any confirmed cases in the community (from the time of implementation of the Directive No. 20/CT-UBND dated September 03, 2021), the following business establishments are allowed to operate: Business establishments of stationery, books, school supplies and equipment; Business establishments providing repair services for vehicles, electronic and refrigeration equipment, and household appliances; Business establishments providing food and beverage services (only providing takeouts) that are required to close before 21:00 on a daily basis.

HCMC: FRONTLINE WORKERS PARTICIPATING IN COVID-19 PREVENTION
SHALL BE SUPPORTED UP TO VND 10 MILLION

On September 03, 2021, Ho Chi Minh City's Department of Health issues the Official Dispatch No. 6277/SYT-KHTC regarding the implementation of the Resolution No. 12/2021/NQ-HDND on special policies to support frontline workers participating in COVID-19 prevention and control.

Specifically, frontline medical workers performing direct works, including those who take samples for testing, provide medical examination, treatment, and care for patients at COVID-19 treatment hospitals and concentrated quarantine establishments; 115 emergency crews and people involved in transporting F0 cases, shall be entitled to a support of VND 10,000,000.

Frontline workers performing indirect works shall be entitled to a support of VND 4,500,000, including people directly involved in managing, operating, coordinating the pandemic prevention

and control (the Department of Health, Ho Chi Minh City Center for Disease Control, 115 emergency centers, Health Divisions of Thu Duc City, and other districts); those who take samples for testing, vaccination, regular medical check-ups in residential areas, checkpoints, and blocked areas (local pandemic prevention and control teams); frontline non-medical workers who perform indirect works at COVID-19 treatment hospitals and concentrated quarantine establishments, etc.

Volunteers mobilized to participate in the frontline anti-pandemic forces supporting Ho Chi Minh City by the Ministry of Health shall be also received support under this Official Dispatch. To be specific: Medical staff and lecturers shall be entitled to a support of VND 3,000,000; Medical students shall be entitled to a support of VND 1,500,000.

A SECURITIES INVESTMENT FUND MANAGEMENT COMPANY
MAY OPEN 2 GENERAL TRADING ACCOUNTS TO MANAGE INVESTMENT PORTFOLIOS

The Circular No. 58/2021/TT-BTC providing guidance on a number of articles of the Decree No. 158/2020/ND-CP dated December 31, 2020 of the Government on derivatives and the derivatives market is promulgated by the Ministry of Finance on July 12, 2021.

Specifically, an investor must sign a contract to open a derivatives trading account with a trading member. A securities investment fund management company may open multiple derivatives trading accounts at each trading member as follows: The company may open 02 general trading accounts under its name to manage the investment portfolios for entrusting investors, of which one is for derivatives trading for domestic entrusting investors, another for derivatives trading for foreign entrusting investors.

Also, the securities investment fund management company may open 01 derivatives trading account for each investment fund or securities investment company managed by the securities investment fund management company under the name of such investment fund or securities investment company at each trading member.

Besides, a clearing member shall open margin deposit accounts for investors in the name of such clearing member and is responsible for managing margin deposits of the investors separately. The clearing member opens for each investor 01 margin securities account to manage positions, margin obligations, collateral value, and transferable assets as well as to fulfill settlement obligations for the position on such investor's trading account.

This Circular takes effect on August 27, 2021.

TO SUSPEND ADMINISTRATIVE SANCTIONING FOR AUTOMOBILES
WITHOUT CAMERAS UNTIL THE END OF DECEMBER 31

On July 01, 2021, the Government promulgates the Resolution No. 66/NQ-CP on the thematic session on law-making, June 2021.

For the purpose of removing obstacles (emerged due to the impact of the COVID-19 pandemic) in implementing regulations on the installation of cameras onto automobiles used in transportation businesses, the Government decides to temporarily stop applying regulations on sanctioning of administrative violations for individuals and organizations violating the above regulations defined in the Decree 100/2019/ND-CP until the end of December 31, 2021.

In addition, the Government generally agrees with the draft Decree on renovating and reconstructing apartment buildings that replaces the Decree No. 101/2015/ND-CP. The Ministry of Construction shall assume prime

responsibility and coordinate with relevant ministries and organs in receiving feedback from the Government’s members, in order to make appropriate adjustments and complete the draft Decree, so that it could be submitted to the Prime Minister for approval and promulgation before July 15, 2021.

Besides, Ministers and Heads of Ministry-level organs shall urgently direct the formulation, promulgation or submission (to competent authorities for promulgation) of documents detailing laws already in effect; step up the formulation and promulgation of 55 documents detailing the implementation of laws and resolutions passed by the National Assembly that shall take effect from January 1, 2022; etc.