Legal Document Updates in English (40/2020)

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietnam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

104/2020/QH14

Resolution No. 104/2020/QH14 dated June 08, 2020 of the National Assembly on accession to the International Labor Organization’s Convention No. 105 concerning the Abolition of Forced Labor

 

Accession to the Convention No. 105 concerning the Abolition of Forced Labor

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

1728/QD-NHNN

Decision No. 1728/QD-NHNN dated September 30, 2020 of the State Bank of Vietnam on the refinancing interest rate, re-discount interest rate, overnight lending interest rate in inter-bank electronic payment and lending to offset the capital shortage in the clearing of the State Bank of Vietnam for other banks

 

To reduce refinancing interest rate to 4.0%/year from October 01

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

3

26/2020/TT-BCT

Circular No. 26/2020/TT-BCT dated September 29, 2020 of the Ministry of Industry on providing guidance on the pilot auction of import tariff quota for sugar in 2020

 

The sugar import tariff quota for auction in 2020 is 103,000 tons

Page 2

CONSTRUCTION

 

CONSTRUCTION

4

62/2020/QH14

Law on Amending and Supplementing a Number of Articles of the Construction Law No. 62/2020/QH14 dated June 17, 2020 of the National Assembly

 

To exempt construction permits for separate houses of under 7 stories in rural areas

Page 2

TRANSPORT

 

TRANSPORT

5

58/2020/TT-BCA

Circular No. 58/2020/TT-BCA dated June 16, 2020 of the Ministry of Public Security prescribing procedures for grant and revocation of registration certificates and number plates of road motor vehicles

 

From August 01, number plates granted for vehicles used for transportation business must have yellow background

Page 3

EDUCATION – TRAINING – VOCATIONAL TRAINING

 

EDUCATION – TRAINING – VOCATIONAL TRAINING

6

38/2020/TT-BGDDT

Circular No. 38/2020/TT-BGDDT dated October 06, 2020 of the Ministry of Education and Training on providing regulations on joint training with foreign partners at bachelor’s, master’s and doctor’s levels in the form of online and blended training

 

Online teaching time accounts up to 30% of total teaching time of a joint training program

Page 3

IMMIGRATION

 

IMMIGRATION

7

73/2020/ND-CP

Decree No. 73/2020/ND-CP dated June 30, 2020 of the Government prescribing immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks

 

To notify the exit plan for performing national defense and security tasks before 48 hours

Page 3

 

SUMMARY:

 

Ü  LABOR - SALARY

ACCESSION TO THE CONVENTION NO. 105 CONCERNING THE ABOLITION OF FORCED LABOR

The National Assembly issues the Resolution No. 104/2020/QH14 on accession to the International Labor Organization’s Convention No. 105 concerning the Abolition of Forced Labor on June 08, 2020.

Specifically, the National Assembly decides to accede to the International Labor Organization’s Convention No. 105

 

concerning the Abolition of Forced Labor, which was adopted on June 25, 1957 in Geneva, Switzerland.

Besides, the Government shall direct related ministries and sectors in completing diplomatic procedures regarding accession to Convention No. 105 and notify the date Convention No. 105 become effective in Vietnam.

This Resolution takes effect on June 08, 2020.

Ü  FINANCE – BANKING

TO REDUCE REFINANCING INTEREST RATE TO 4.0%/YEAR FROM OCTOBER 01

On September 30, 2020, the State Bank of Vietnam promulgates the Decision No. 1728/QD-NHNN on the refinancing interest rate, re-discount interest rate, overnight lending interest rate in inter-bank electronic payment and lending to offset the capital shortage in the clearing of the State Bank of Vietnam for other banks.

Accordingly, the State Bank reduces the refinancing interest rate and re-discount interest rate from 4.5%/year and

 

3.0%/year to 4.0%/year and 2.5%/year, respectively. The overnight lending interest rate in inter-bank electronic payment and lending to offset the capital shortage in the clearing of the State Bank of Vietnam for other banks is also reduced from 5.5%/year to 5.0%/year.

This Decision takes effect on October 01, 2020. 

Ü  EXPORT – IMPORT

THE SUGAR IMPORT TARIFF QUOTA FOR AUCTION IN 2020 IS 103,000 TONS

The Circular No. 26/2020/TT-BCT on providing guidance on the pilot auction of import tariff quota for sugar in 2020 is issued on September 29, 2020 by the Ministry of Industry.

Specifically, the volume of import tariff quota for sugar put for auction in 2020 is 103,000 tons. Within that, the import tariff quota for coarse sugar is 72,000 tons; the import tariff quota for refined sugar is 31,000 tons.

The volume of sugar import tariff quota for auction in 2020 is applied to traders that directly use sugar as a production material and traders that use coarse sugar for making refined

 

sugar; organizations and individuals involved in the import of sugar under the 2020 tariff quota.

After receiving the auction Council’s report on auction results, the Ministry of Industry and Trade shall issue a written notice assigning the right to use tariff quota for the import of sugar to auction-winning traders.

This Circular takes effect from November 13, 2020 to the end of December 31, 2022.

Ü  CONSTRUCTION

TO EXEMPT CONSTRUCTION PERMITS FOR SEPARATE HOUSES
OF UNDER 7 STORIES IN RURAL AREAS

On June 17, 2020, the National Assembly adopts the Law on Amending and Supplementing a Number of Articles of the Construction Law, No. 62/2020/QH14.

Specifically, grade-IV construction works, separate houses in rural areas, of under 07 stories and in areas without urban construction planning, functional zone construction planning or detailed planning for construction of rural residential quarters already approved by competent State agencies shall be exempted from construction permits.

Besides, the National Assembly also exempts construction permits for construction works which have been notified by specialized construction agencies on results of

 

appraising construction designs implemented after basic designs, as fully meeting conditions of approving construction designs, and meet conditions on grant of construction permits under this Law.

In addition, the Law also stipulates that construction machinery, equipment and supplies subject to strict safety requirements must be inspected before putting in use. Construction contractors must identify hazardous zones in a work construction; periodically and irregularly review safety measures to adjust them to suit the actual construction on the site.

This Law takes effect on January 01, 2021.

Ü  TRANSPORT

FROM AUGUST 01, NUMBER PLATES GRANTED FOR VEHICLES
USED FOR TRANSPORTATION BUSINESS MUST HAVE YELLOW BACKGROUND

On June 16, 2020, the Ministry of Public Security promulgates the Circular No. 58/2020/TT-BCA prescribing procedures for grant and revocation of registration certificates and number plates of road motor vehicles.

Specifically, vehicles used for transportation business activities shall be granted number plates with black letters and digits on a yellow background and serial plate numbers using in succession one of the following 20 letters: A, B, C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z. Vehicles that are used for transportation business before the effective date of this Circular must have their number plates’ background converted into the yellow one before December 31, 2021.

Besides, the Circular also provides changes on number plates of some vehicles as follows:

 

Firstly, a trailer or semi-trailer may have 01 number plate of 165 mm in height and 330 mm in length attached to the back of the body. The alphanumeric patterns on this number plate are the same as those on number plates of domestic cars.

Secondly, in case the design of a special-use car or the characteristics of a car make(s) it impossible to attach 02 number plates of the above dimensions, vehicle registration agencies shall carry out physical inspection and propose competent agencies to permit the attachment of 02 number plates of 110 mm in height and 520 mm in length or permit the attachment of 01 number plate of 165 mm in height and 330 mm in length and 01 number plate of 110 mm in height of and 520 mm in length. Additional costs, if any, shall be borne by vehicle owners.

This Circular takes effect on August 01, 2020.

Ü  EDUCATION – TRAINING – VOCATIONAL TRAINING

ONLINE TEACHING TIME ACCOUNTS UP TO 30%
OF TOTAL TEACHING TIME OF A JOINT TRAINING PROGRAM

The Ministry of Education and Training promulgates the Circular No. 38/2020/TT-BGDDT on providing regulations on joint training with foreign partners at bachelor’s, master’s and doctor’s levels in the form of online and blended training on October 06, 2020.

Accordingly, the Vietnamese training institution and foreign higher education institution implementing the joint training program in the form of blended training shall ensure that the teaching time according to the form of online training not exceed 30% of the total teaching time of the program. For joint training programs at master’s or doctor's levels, the online teaching time shall account for a maximum of 30% of the total teaching time of the joint training program.

Besides, the joint training program scale shall be determined on the basis of the quality assurance conditions in terms of

 

physical foundations, equipment, laboratories, libraries, teaching staff and managers involved in implementing the joint training program. Such conditions must be other than those used for calculating the total enrollment quota of the education institution.

In addition, both parties shall be responsible for maintaining tests and assessment of students' learning results in the learning management system for extraction in service of inspection when being required for a minimum of 05 years from graduate. At the same time, to permanently store dossiers of joint training and learners’ information in Vietnamese training institutions and foreign higher education institutions.

This Circular takes effect on November 20, 2020.

Ü  IMMIGRATION

TO NOTIFY THE EXIT PLAN FOR PERFORMING
NATIONAL DEFENSE AND SECURITY TASKS BEFORE 48 HOURS

On June 30, 2020, the Government issues the Decree No. 73/2020/ND-CP prescribing immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks.

Accordingly, at least 48 hours prior to exit, the managing agency shall notify in writing the approved plan, time and location, vehicle number, list and type of immigration papers of persons leaving or entering Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks to the superior agency (the Border Guard Command or Immigration Department) of the immigration control unit in order to direct such unit in implementation.

 

Especially, in cases of emergency where it is impossible to carry out immigration procedures for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform rescue and salvage or pursue criminals, the managing agency shall notify in writing to the immigration control unit within 48 hours after a person on a national defense and security vehicle leaves or enters Vietnam’s territory to perform defense and security tasks.

The Minister of National Defense may allow persons on national defense and security vehicles of the Ministry of National Defense to follow immigration control in cases of emergency; the Minister of Public Security may allow persons on national defense and security vehicles of the Ministry of Public Security to follow immigration control in cases of emergency.

This Decree takes effect on July 01, 2020.

 

 

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: cskh@luatvietnam.vn. Customers can study all information on LuatVietnam service via address: english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82, Duy Tan Street, Cau Giay District, Hanoi. Tel: 0938 36 1919
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (
028) 399 507 24 - Fax: (028) 399 507 27
Email: cskh@luatvietnam.vn

 

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html . You will receive the final confirmation before un-list your email address in our system.