Legal Document Updates in English (37/2021)

THE STATE HOLDS OVER 50% OF CHARTER CAPITAL OF AN URBAN DRAINAGE ENTERPRISE

On August 12, 2021, the Prime Minister issues the Decision No. 26/2021/QD-TTg promulgating the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies.

Specifically, the list of sectors and fields in which public non-business units shall be transformed into joint-stock companies and the State holds over 50% of charter capital in that joint-stock companies includes: Exploitation, production, and supply of clean water; urban and rural drainage.

Besides, the list of sectors and fields in which public non-business units shall be transformed into joint-stock

companies and the State holds from 50% or less of charter capital or does not hold shares in these joint-stock companies; when initial offering of shares, the State holds from over 35% to 50% of charter capital to ensure its role, stabilize the organization and maintain the quality of services provided after equitation includes: Environmental sanitation, wastewater treatment; Labor market information services, employment services, services of sending Vietnamese guest workers abroad under contract, etc.

This Decision takes effect on October 01, 2021.

AN EMPLOYEE AFFECTED BY COVID-19 SHALL BE SUPPORTED
UP TO VND 3.3 MILLION FROM THE UNEMPLOYMENT INSURANCE FUND

The Government promulgates the Resolution No. 116/NQ-CP on support policy for employees and employers affected by the COVID-19 pandemic from the Unemployment Insurance Fund on September 24, 2021.

Accordingly, employees affected by the COVID-19 pandemic shall receive support in cash from the Unemployment Insurance Fund’s surplus balance, in which, the supporting amount shall be based on the unemployment insurance premium payment period during which employees have not yet received any unemployment allowance.

Employees eligible for this support are those who are paying unemployment insurance premiums as of September 30, 2021 (excluding some subjects) and those who have stopped paying unemployment insurance premiums due to the termination of labor contracts or working contracts in the period from January 01, 2020, to the end of September 30, 2021, with the unemployment insurance premium payment

PERSONS DYING WHILE SUPPRESSING FIRES AS MOBILIZED MAY BE RECOGNIZED AS MARTYRS

On June 30, 2021, the Ministry of Labor, Invalids and Social Affairs issues the Circular No. 04/2021/TT-BLDTBXH providing guidance on a number of benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams participating in professional trainings and refreshers on fire prevention and fighting.

Specifically, persons suffering from accidents or injuries while being mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, shall be paid by their direct managers for all medical examination and treatment expenses at the prices for medical examination and treatment services of public medical establishments prescribed by the competent authorities if they do not participate in compulsory social insurance. In addition, they shall also be paid lump-sum allowances or monthly allowances, service allowances by their direct managers depending on the extent of their working capacity decrease.

Besides, for persons dying while being mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, their relatives shall be entitled to monthly survivorship allowances or lump-sum survivorship allowances; agencies, organizations or individuals that organize their funerals shall be entitled to the support for funeral costs in accordance with the law.

If they do not participate in social insurance, their relatives shall be entitled to lump-sum survivorship allowances, or monthly survivorship allowances; agencies, organizations, or individuals that organize their funerals shall be entitled to the support for funeral costs. In addition, those who are eligible for recognition as martyrs shall be considered by competent agencies to be recognized as martyrs.

This Circular takes effect on August 15, 2021.

06 TYPES OF WORKS PERMITTED TO BE BUILT IN HO CHI MINH CITY

The Decision No. 3327/QD-BCD on promulgating the criteria for the classification of works permitted to be built and guidance on COVID-19 prevention and control at construction sites in Ho Chi Minh City is issued on September 15, 2021 by Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control.

In accordance with this Decision, the following construction works in “new normal”/green areas in Ho Chi Minh City are allowed to be built:

- Construction works serving the pandemic prevention and control;

- Works under national important projects, key projects of the City in accordance with decisions of the competent authorities; works constructed under emergency orders in accordance with the law on construction; national defense and security works that have been built;

- Works used for industrial production, transport, agriculture, and rural development purposes, works providing technical infrastructure facilities and utilities outside urban areas and far from residential areas;

- Construction works about to be completed which have great socio-economic significance when being put into operation (the performed volume reaches over 80%); works under construction must continue to be built to ensure the engineering of works, the safety of community life or prevent affecting or causing unsafety to adjacent works;

- Construction works in industrial parks, industrial clusters, and export processing zones; works repairing and renovating factories and equipment within the premises of the enterprises;

- Construction works, other public, industrial, and traffic works in localities.

All construction activities at construction sites of works located in the “very high-risk”, “high-risk” and “moderate-risk” areas must be halt, except for construction works serving the pandemic prevention and control and construction works constructed in cases of emergency as requested by the City.

This Decision takes effect from the signing date.

GUIDANCE ON DETERMINATION OF CONSTRUCTION WORK MAINTENANCE COSTS

The Ministry of Construction promulgates the Circular No. 14/2021/TT-BXD on guiding the determination of construction work maintenance costs on September 8, 2021.

According to this Circular, construction work maintenance costs shall be determined by cost estimation. Estimates of construction work maintenance costs cover costs for performance of annual maintenance jobs, costs for repair of construction works, costs for consultancy serving maintenance of construction works, other costs, and costs for maintenance management by construction work owners or managers/users.

In case the repair of a construction work requires a cost of VND 500 million or more, the estimate of costs for repair of such construction work shall be determined under the

Ministry of Construction’s circular guiding a number of provisions on the determination and management of construction investment costs.

In addition, the cost for maintenance management by construction work owners or managers/users shall be determined as follows: In case the repair of a construction work requires a cost of under VND 500 million, the cost for maintenance management shall be equal to 3.5% of the total cost for performance of annual maintenance jobs, cost for repair of construction works, expense for consultancy serving maintenance, and other costs/expenses; etc.

This Circular takes effect on November 01, 2021.

HANOI: NOT CONTROL TRAVEL PAPERS FOR CITIZENS MOVING WITHIN THE CITY

The Directive No. 22/CT-UBND on adjusting COVID-19 prevention and control measures in the City according to the new situation is issued on September 20, 2021 by Hanoi People's Committee.

Accordingly, from 06:00 on September 21, 2021, Hanoi shall take COVID-19 prevention and control measures in line with the Prime Minister's Directive No. 15/CT-TTg dated March 27, 2020, and some stricter measures according to the actual situation until all citizens in the vaccination age are received the second dose of COVID-19 vaccine and the new notice is issued.

Besides, the City decides not to apply zoning regulations or control travel papers for organizations, individuals, and enterprises moving within the City; concurrently, requests to halt domestic commercial flights to Noi Bai International Airport and passenger transport by railway to Hanoi.

Agencies, offices, organizations, and enterprises located in the locality shall arrange for their cadres, civil servants, public employees, and employees to work according to the 50/50 principle (50% at the office and 50% using information technology to work from home). Meetings and events that gather no more than 20 people in one room are allowed to be held; gatherings of 10 or more people outside of offices, schools, or hospitals are banned; a minimum distance of 2m between people in public places must be maintained.

Essential goods and service providers; supermarkets, markets, agro-food business chains in the locality; stores of drugs, medical equipment and consumables in service of medical examination and treatment and pandemic prevention; barbershops; services of trading, repairing and washing cars, motorbikes, vehicles, electronics; food and beverage service establishments (only for takeout) which close before 21:00 daily, etc. are allowed to operate.

HCMC: CONDITIONS FOR GRANT OF COVID GREEN CARDS

The set of criteria for assessment of safe operations in the prevention and control of COVID-19 at production, business and commercial establishments in Ho Chi Minh City is promulgated in the Decision No. 3328/QD-BCD on September 15, 2021 by the Steering Committee for COVID-19 Prevention and Control of Ho Chi Minh City (HCMC).

Accordingly, a person will obtain a “COVID Green Card” when he/she fully meets the following conditions:

- Being tested negative for SARS-CoV-2 (rapid antigen test or RT-PCR test), for the occupations requiring testing as prescribed;

- Being vaccinated or had been infected with COVID-19 and recovered;

- Having no close contact with F0 cases within 14 days.

Also in accordance with this Decision, employees and customers at supermarkets, commercial centers, mini supermarkets, convenience stores, food retail stores in HCMC must meet the following conditions:

- Customers, the staff that have direct contact with customers (shelf staff, cashiers, etc.) must obtain “COVID Green