Legal Document Updates in English (38/2021)

REDUCE 50% OF PRICE RATES OF THE AIRCRAFT TAKEOFF AND LANDING SERVICES
IN 2021 FOR DOMESTIC FLIGHTS

The Circular No. 21/2021/TT-BGTVT on prescribing price rates and price frames for a number of specialized aviation services at Vietnamese airports and airfields from January 01, 2021 until the end of December 31, 2021 is promulgated by the Ministry of Transport on September 26, 2021.

According to this Circular, from January 01, 2021 until the end of December 31, 2021, price rates of the aircraft takeoff and landing services for domestic flights shall be equal to 50% of the one prescribed in the Minister of Transport’s Circular No. 53/2019/TT-BGTVT dated December 31, 2019 on prescribing price rates and price frames for a number of

specialized aviation services at Vietnamese airports and airfields.

Besides, from January 01, 2021 until the end of December 31, 2021, the minimum prices for the specialized aviation services in the list of non-aviation and aviation services of which the prices are defined by the State as specified in the Circular No. 53/2019/TT-BGTVT shall be VND 0 and the maximum prices shall comply with regulations in the Circular No. 53/2019/TT-BGTVT. From January 01, 2022 onwards, to apply the price frames specified in the Circular No. 53/2019/TT-BGTVT.

This Circular takes effect on the signing date.

SOCIAL NETWORK IS CONSIDERED AS A FORM OF OPERATION OF E-COMMERCE TRADING FLOOR

The Decree No. 85/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 53/2013/ND-CP dated May 16, 2013, on e-commerce is promulgated by the Government on September 25, 2021.

According to this Decree, forms of operation of e-commerce trading floor are amended and supplemented as follows: Website allows participants to open booths for display and introduction of goods or services; Website allows participants to open accounts to enter into a contract with customers; Website has a sale and purchase section permitting participants to post news of sale and purchase of goods or services; Social network has one of the above methods and participants directly or indirectly paying charges for performing such activities.

Also, to add regulations on foreign traders and organizations having websites providing

e-commerce services in Vietnam. To be specific: A foreign trader or organization having a website providing e-commerce services in Vietnam means a foreign trader or organization having an e-commerce website with Vietnamese domain name; an e-commerce website with Vietnamese language; or an e-commerce website with more than 100,000 transactions from Vietnam in a year.

Besides, market access conditions applicable to a foreign investor in the e-commerce field include: The foreign investor invests in the business of providing e-commerce services in Vietnam as prescribed; The Ministry of Public Security’s opinions on appraisal of national security is required for a foreign investor controlling 1 enterprise or more in the group of 5 leading enterprises in the e-commerce service market in Vietnam.

This Decree takes effect on January 01, 2022.

AMEND CONDITIONS FOR RAISING OF ENDANGERED WILD FAUNA AND FLORA SPECIES

On September 22, 2021, the Government issues the Decree No. 84/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 06/2019/ND-CP of January 22, 2019, on the management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Accordingly, to amend and supplement provisions on conditions for raising or cultivation of endangered wild fauna and flora species in the CITES Appendices for commercial purposes. Specifically, for wild fauna species in the CITES Appendices of the classes of mammals, birds and reptiles that are registered for breeding for the first time in ranching facilities, written certification of the CITES Scientific Authority of Vietnam that the breeding or growing does not affect the existence of the raised species and related species in the wild is required.

Within 2 working days after receiving a dossier of registration for a ranching facility’s code, a code-issuing agency shall send a written request for certification to the CITES Scientific Authority of Vietnam. Within 15 working days after receiving the code-issuing agency’s written request, the CITES Scientific Authority of Vietnam shall reply in writing and certify whether or not the breeding or growing affects the existence of the raised species and related species in the wild.

Besides, the duration for grant of CITES permits for import of specimens of endangered wild fauna and flora species in the CITES Appendices in case of consulting the CITES Scientific Authority of Vietnam or related authority of the exporting country is shortened from 30 days to 22 working days.

This Decree takes effect on November 30, 2021.

GUIDANCE ON ACCOUNTING THE AMOUNTS
FOR ISSUANCE DOMESTIC DEBT INSTRUMENTS INTO THE STATE BUDGET

On September 21, 2021, the Ministry of Finance promulgates the Circular No. 79/2021/TT-BTC amending and supplementing Clause 1, Article 2 of the Circular No. 81/2020/TT-BTC dated September 15, 2020 on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 110/2018/TT-BTC dated November 15, 2018 on guiding the repurchase or swap of the Government’s debt instruments, Government-guaranteed bonds, local administration bonds in domestic market and the Ministry of Finance’s Circular No. 342/2016/TT-BTC dated December 30, 2016 detailing and guiding the implementation of a number of articles of the Decree No. 163/2016/ND-CP dated December 21, 2016 on detailing a number of articles of the Law on the State Budget.

Accordingly, recording, accounting the amounts for issuance, swap, repurchase of domestic debt instruments into the state budget shall be as follows: Loans through

issuance of bonds, treasury bills, national construction bonds shall be recorded according to their par values; In cases there arises differences between sale prices of bonds, treasury bills, national construction bonds and their par values, between the par values of repurchased bonds and their repurchase prices, such differences shall be accounted and monitored in the separate accounts; etc.

Besides, for amounts arising from differences of par values between the swapped bonds and the swapping bonds, not to record them into state budget revenues and expenditures; in case of positive differences, the decrease in outstanding loan of the budget shall be recorded, in case of negative differences, the increase in outstanding loan of the budget shall be recorded immediately after the bond swap is carried out.

The Circular takes effect on November 15, 2021.

PRIVATE MEANS OF TRANSPORT SHALL ONLY BE ALLOWED WITHIN HCMC

This content is specified in the Official Dispatch No. 10399/SGTVT-KT dated October 01, 2021 of the Department of Transport of Ho Chi Minh City on guiding the organization of traffic in Ho Chi Minh City (HCMC) from October 01, 2021.

Accordingly, private means of transport shall only be allowed within HCMC. They shall participate in inter-provincial traffic (entering/leaving the City) only in the cases as specified. Traffic participants in Ho Chi Minh City must use their travel declaration QR codes generated by the VNEID app and their vaccination QR codes generated by the HCM Health app or the Online Health Book app.

In cases they have no QR code, they shall present a document proving that: They are former COVID-19 patients who have been cured for less than 6 months; or They have been vaccinated

against the COVID-19 (they have got at least 1 dose of two-dose vaccines and been vaccinated for 14 days).

In addition, residents of HCMC returning to the City from other provinces and municipalities must satisfy the following conditions: Having documents proving their permanent residence and working in HCMC as prescribed; Having valid certificates of negative test result for SARS-CoV-2 (within 72 hours after being tested); Means of transportation as prescribed; and Being permitted by the competent authorities.

The above-mentioned documents proving their permanent residence and working in HCMC include household registration books, temporary residence certificates, citizenship identity cards or people’s identity cards, birth certificates (for children).

PRIORITIZE TO DEVELOP LACH HUYEN AND CAI MEP INTERNATIONAL GATEWAY PORTS

The Decision No. 1579/QD-TTg approving the overall master plan on Vietnam's seaport system development in the 2021 - 2030 period, with a vision toward 2050 is issued on September 22, 2021 by the Prime Minister.

Accordingly, the seaport system of Vietnam shall be divided into 5 groups. Regarding size and functions, the seaport system of Vietnam shall be divided into the following types: Special seaports including Hai Phong and Ba Ria - Vung Tau seaports; Class-I seaports including 15 seaports; Class-II seaports including 6 seaports; Class-III seaports including 13 seaports.

The master plan sets out the target that, by 2030, the throughput of goods through the seaport system is expected

from 1,140 to 1,423 million tons (of which container cargo is from 38 to 47 million TEU); with 10.1 to 10.3 million passenger arrivals. Regarding infrastructure: To give priority to develop international gateway ports: Lach Huyen (Hai Phong) and Cai Mep (Ba Ria-Vung Tau).

In addition, strive to 2050, to develop the synchronous and modern seaport system on a par with the region and the world, meeting green port criteria; the capacity of the seaport system will meet the demand for throughput of goods with an average growth rate of about 4.0 to 4.5%/year; the average growth of passengers is about 1.2 to 1.3%/year.

This Decision takes effect on the signing date.

CONTINUE TO CONTROL PEOPLE ENTERING AND LEAVING HCMC AND 3 OTHER PROVINCES

The Official Telegram No. 1265/CD-TTg on continuing to control people entering and leaving Ho Chi Minh City (HCMC) and Binh Duong, Dong Nai, and Long An provinces is issued on September 30, 2021 by the Prime Minister.

Accordingly, the Prime Minister requests to continue to strictly control people entering and leaving HCMC and Binh Duong, Dong Nai, and Long An provinces (hereinafter referred to as the "Region"). The transportation of people in or out of the "Region" must be organized safely and carefully as agreed by authorities of provinces and cities in the

“Region” and other provinces and cities. Authorities of HCMC, Binh Duong, Dong Nai, and Long An provinces shall take responsibility to the Prime Minister for any case of leaving their localities to other provinces and cities outside the “Region” without permission.

Provinces and cities in the “Region" shall reach an agreement on the plan on managing the citizens' movements within the "Region" to facilitate safe production and business restoration.

HCMC: HAIR SALONS, RESORTS, HOTELS ARE ALLOWED TO OPERATE

This content is provided in the Directive No. 18/CT-UBND dated September 30, 2021 of the People's Committee of Ho Chi Minh City on continuing to control and revise COVID-19 prevention and control measures and gradually restore and develop the social economy in Ho Chi Minh City (HCMC).

Accordingly, the City allows the following establishments to operate: Establishments providing food and foodstuffs; pharmaceuticals; petrol and oil; electricity; water; fuel, repair; waste collection, transportation and treatment; post, telecommunications; services of buying, selling, repairing and maintaining vehicles, machinery, civil and industrial equipment; real estate investment and business activities; services of management, operation, maintenance, repair and rescue of infrastructure systems and equipment of agencies, buildings and condominiums; commercial centers, supermarkets, mini supermarkets, convenience stores, grocery stores, wholesale markets, traditional markets; food service establishments (only serving takeouts; restaurants in accommodation establishments, resorts, tourist attractions may only serve on-the-spot services for guests, and are not permitted to organize buffets).

Hair salons, fitness and sports establishments (gym, yoga, etc.) are allowed to operate at maximum 50% capacity and serve 10 people in maximum at a time. Resorts, hotels, motels, sightseeing tours may operate with no more than 50% capacity, provided that their customers have been fully vaccinated or recovered from COVID-19 or have negative SARS-CoV-2 test results within 72 hours from the date of arrival. Cultural, artistic, gymnastics, sports and competition events are allowed to be held with a maximum of 60 people provided that at least 90% of participants have been fully vaccinated or recovered from COVID-19.

Also in accordance with this Directive, from 18:00 on September 30, 2021, HCMC shall continue to control and revise COVID-19 prevention and control measures, gradually restore and develop social economy under the appropriate roadmap according to the pandemic development in the City and the safety assessment result in accordance with the Ministry of Health's instructions.