Legal Document Updates in English (40/2021)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

87/2021/ND-CP

Decree No. 87/2021/ND-CP dated September 29, 2021 of the Government on extending the duration of implementation, and amending and supplementing a number of articles, of the Government’s Decree No. 20/2020/ND-CP of February 17, 2020, on the pilot management of labor, wages and bonuses of a number of state economic groups and corporations

 

Extend the duration of pilot management of labor, wages, bonuses at 3 economic groups and corporations

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

15/2021/TT-NHNN

Circular No. 15/2021/TT-NHNN dated September 30, 2021 of the State Bank of Vietnam amending and supplementing a number of articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012, of the Governor of the State Bank of Vietnam, guiding a number of articles of the Government's Decree No. 24/2012/ND-CP of April 3, 2012, on management of gold business activities

 

Grant gold material import licenses for manufacturing gold jewelry and art crafts within 15 working days

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

3

21/CD-UBND

Official Telegram No. 21/CD-UBND dated October 13, 2021 of Hanoi People's Committee on implementing COVID-19 prevention and control measures in the City according to the new situation

 

Hanoi: Restaurants may offer on-site dining

Page 2

4

4800/QD-BYT

Decision No. 4800/QD-BYT dated October 12, 2021 of the Ministry of Health, issuing the Interim Guidance for implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021 promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic”

 

Not indicate COVID-19 testing for the citizens’ movements

Page 3

5

128/NQ-CP

Resolution No. 128/NQ-CP dated October 11, 2021 of the Government promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic”

 

Flexible adjustment of permitted activities according to pandemic risk levels

Page 3

6

8399/BYT-MT

Official Dispatch No. 8399/BYT-MT dated October 06, 2021 of the Ministry of Health on applying COVID-19 pandemic prevention and control measures for people returning from Ho Chi Minh City, Binh Duong, Dong Nai and Long An provinces

 

People returning from HCMC must be tested for SARS-CoV-2

Page 3

POLICY

 

POLICY

7

126/NQ-CP

Resolution No. 126/NQ-CP dated October 08, 2021 of the Government amending and supplementing the Government’s Resolution No. 68/NQ-CP dated July 01, 2021, on policies to support employees and employers facing difficulties due to the COVID-19 pandemic

 

More business households facing difficulties due to COVID-19 are supported

Page 4

8

27/CT-TTg

Directive No. 27/CT-TTg dated October 03, 2021 of the Prime Minister on restoration of industrial production amidst COVID-19 prevention and control

 

Create favorable conditions for foreign specialists and workers to enter Vietnam

Page 4

9

1658/QD-TTg

Decision No. 1658/QD-TTg dated October 01, 2021 of the Prime Minister on approving the National Strategy on Green Growth in the 2021 - 2030 period, with a vision toward 2050

 

National Strategy on Green Growth in the 2021 - 2030 period

Page 4

 

SUMMARY:

 

Ü LABOR - SALARY

EXTEND THE DURATION OF PILOT MANAGEMENT OF LABOR, WAGES, BONUSES
AT 3 ECONOMIC GROUPS AND CORPORATIONS

On September 29, 2021, the Government issues the Decree No. 87/2021/ND-CP on extending the duration of implementation, and amending and supplementing a number of articles, of the Government’s Decree No. 20/2020/ND-CP of February 17, 2020, on the pilot management of labor, wages and bonuses of a number of state economic groups and corporations.

In accordance with this Decree, the pilot management of labor, formulation of wage scales and wage tables; wages and bonuses of employees, Chief Executive Officers, and Chief Accountants; wages, remuneration and bonuses of members of Members’ Councils or Boards of Directors, heads of Supervisory Boards, and supervisors specified in

 

the Decree No. 20/2020/ND-CP of the following groups and corporations: Parent company - Vietnam Posts and Telecommunications Group; Parent company - Vietnam Airlines Corporation; Parent company - Vietnam Air Traffic Management Corporation, shall continue to be implemented.

In addition, based on the paid wage fund, a company shall decide to use the whole wage fund to pay wages in the year, or make a deduction to set up a provision fund for addition to the wage fund of the subsequent year, which must not exceed 17% of the paid wage fund.

This Decree takes effect on the signing date.

Ü FINANCE – BANKING

GRANT GOLD MATERIAL IMPORT LICENSES
FOR MANUFACTURING GOLD JEWELRY AND ART CRAFTS WITHIN 15 WORKING DAYS

On September 30, 2021, the State Bank of Vietnam issues the Circular No. 15/2021/TT-NHNN amending and supplementing a number of articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012, of the Governor of the State Bank of Vietnam, guiding a number of articles of the Government's Decree No. 24/2012/ND-CP of April 3, 2012, on management of gold business activities.

This Circular amends procedures for grant gold material import licenses for foreign-invested enterprises that wish to import gold material for manufacturing gold jewelry and art crafts according to the national single-window mechanism. Accordingly, the e-dossier with a digital signature shall be sent on the Vietnam National Single Window portal. In case the Vietnam National Single Window portal or specialized processing system of the State Bank of Vietnam encounters incidents or contains errors, thus making it unable to receive and exchange e-information, the declaring, sending, receiving and returning results, exchanging and feeding back information shall be implemented by portal service or directly at the department in charge of receiving and returning results of the State Bank of Vietnam.

 

In case of wishing to import gold material for manufacturing gold jewelry and art crafts, a foreign-invested enterprise shall make and send 01 set of dossier to the State Bank of Vietnam. Within 15 working days after receiving complete and valid dossiers, the State Bank of Vietnam shall consider granting or refuse to grant gold material import licenses for enterprises.

For the procedures for adjusting a gold material import license for re-manufacturing products, the Director of the State Bank branch of province or city shall, within 30 working days after receiving a valid and complete dossier, grant or refuse to grant the decision on adjusting a gold material import license for re-manufacture of products.

Besides, the Circular also amends provisions on reporting regimes applicable to enterprises engaged in gold business activities.

This Circular takes effect on November 20, 2021.

Ü MEDICAL – HEALTH

HANOI: RESTAURANTS MAY OFFER ON-SITE DINING

This is the highlight content in the Official Telegram No. 21/CD-UBND on implementing COVID-19 prevention and control measures in the City according to the new situation issued on October 13, 2021 by Hanoi People's Committee.

Specifically, from 6:00 on October 14, 2021, restaurants, food and beverage establishments (except for liquor and beer trading establishments) may offer on-site dining at half of their maximum capacity and must keep a safe distance or install a partition/screen, owners and their employees must be fully vaccinated; customers are required to scan the QR codes. Hotels and accommodation facilities may operate with half of their maximum capacity, provided that conditions for

 

accommodation business and COVID-19 prevention and control measures are fully satisfied and taken. Buses and taxis may operate with the capacity and routes as directed and guided by the municipal Department of Transport, etc.

Also from October 14, 2021, offices, agencies, organizations, and enterprises shall resume their operations; regularly assess the risk levels and seriously take pandemic prevention and control measures as prescribed; online working is encouraged. Museums and parks may re-open with 10 visitors/group maximum, provided that requirements on safe distance, pandemic prevention and control are fully satisfied.

NOT INDICATE COVID-19 TESTING FOR THE CITIZENS’ MOVEMENTS

This is a remarkable content in the Decision No. 4800/QD-BYT dated October 12, 2021 of the Ministry of Health, issuing the Interim Guidance for implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021 promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic”.

According to the Decision, criteria for assessment of pandemic risk levels include: New confirmed cases in the community/population/duration (Criterion 1); Vaccination coverage (Criterion 2); Ensuring the receipt and treatment capacity of medical examination and treatment establishments at all levels (Criterion 3). In case the locality fails to satisfy Criterion 3, the pandemic risk level shall remain the same.

 

Attentionally, not indicate testing for the citizens’ movements; only require testing for those who come from level-4 pandemic risk areas or areas subject to lockdown and suspected cases or those who come from level-3 pandemic risk areas and are subject to epidemiological investigation requirement.

Also, for fully vaccinated people and those who have recovered from COVID-19, testing is only required at epidemiological investigation requirement; for people subject to quarantine measure or medical monitoring and people who come from level-4 pandemic risk areas or areas subject to lockdown.

This Decision takes effect on the signing date.

FLEXIBLE ADJUSTMENT OF PERMITTED ACTIVITIES ACCORDING TO PANDEMIC RISK LEVELS

The Government promulgates the Resolution No. 128/NQ-CP promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” on October 11, 2021.

According to this Resolution, the pandemic risk is classified into 4 levels as follows: Level 1: Low-risk (new normal) - labeled green; Level 2: Medium-risk - labeled yellow; Level 3: High-risk - labeled orange; Level 4: Very high-risk - labeled red.

To be specific, for localities at level-1 pandemic risk, almost of activities are allowed; indoor and outdoor activities are permitted to organize with unlimited number of participants. However, pandemic prevention and control measures and other conditions must be complied.

Specifically, at level-1 pandemic risk, establishments providing services with high risk of infection, including

 

discotheques, karaoke parlors, massage facilities, bars, Internet shops, electronic game shops, barber shops, beauty salons and other establishments may operate under decision by local authorities. The provincial People’s Committee shall provide necessary conditions for COVID-19 prevention and control.

Additionally, resorts, hotels, motels, tourist attractions may operate at localities at level-1 and -2 pandemic risks, operate with restrictions at level-3 pandemic risk localities and may suspend in level-4 pandemic risk localities. Restaurants and traditional markets operate with restrictions in level-4 pandemic risk areas. On-site education and training may operate with restrictions at localities with the pandemic at level-2 risk or higher.

This Resolution takes effect on the signing date.

PEOPLE RETURNING FROM HCMC MUST BE TESTED FOR SARS-COV-2

The remarkable content is defined in the Official Dispatch No. 8399/BYT-MT dated October 06, 2021 of the Ministry of Health on applying COVID-19 pandemic prevention and control measures for people returning from Ho Chi Minh City, Binh Duong, Dong Nai and Long An provinces.

Specifically, the People's Committees of provinces and cities receiving people returning from Ho Chi Minh City, Binh Duong, Dong Nai and Long An provinces must organize RT-PCR tests or rapid antigen tests for SARS-CoV-2 for all people returning from Ho Chi Minh City, Binh Duong, Dong Nai and Long An provinces on the date of receiving them.

 

Additionally, unvaccinated people shall be quarantined for 14 days from the date of return to the localities; continue to self-monitor their health status for the next 14 days, always comply with the 5K Messages; be tested on the first, seventh, and fourteenth days from the date of return to the localities.

For people not fully vaccinated against COVID-19, they shall be quarantined at home or accommodations for 07 days from the date of return to the localities; continue to self-monitor their health status for the next 07 days, always comply with the 5K Messages; be tested on the first and seventh days from the date of return to the localities as required.

Ü POLICY

MORE BUSINESS HOUSEHOLDS FACING DIFFICULTIES DUE TO COVID-19 ARE SUPPORTED

The Resolution No. 126/NQ-CP amending and supplementing the Government’s Resolution No. 68/NQ-CP dated July 01, 2021, on policies to support employees and employers facing difficulties due to the COVID-19 pandemic is issued on October 08, 2021 by the Government.

Accordingly, with regard to business households that have made business registration and are included in the directory of the tax authority; business households involved in agriculture, forestry, fishery, salt-making and street vendors, persons involved in mobile businesses or seasonal businesses, and service providers with low incomes that are not required to make household business registration, if they have to suspend their operations for 15 consecutive days or more at the request of competent state agencies in order to prevent and control the COVID-19 pandemic or because their business locations are located in areas subject to disease prevention and control measures during the period from May 1, 2021 to the end of December 31, 2021, they shall be entitled to a one-off support of VND 3,000,000/household covered by the State budget.

 

Besides, the Resolution also removes provision that employers having no bad debts in credit institutions and foreign bank branches at the time of request for loans in the conditions for support employers to pay for out-of-work employees.

The policy on temporary suspension of contributions to the retirement and survivorship allowance fund is adjusted as follows: In cases where employers who have fully paid social insurance premiums or are temporarily suspending contributions to the retirement and survivorship allowance fund until the end of January 2021 but are affected by the COVID-19 pandemic, resulting in a reduction of 10% (instead of 15% as in previous regulations) or more of employees participating in social insurance in comparison to that of January 2021, such employers and their employees may temporarily suspend from making contributions to the retirement and survivorship allowance fund for 6 months from the time of submitting their applications.

This Resolution takes effect on the signing date.

CREATE FAVORABLE CONDITIONS FOR FOREIGN SPECIALISTS AND WORKERS TO ENTER VIETNAM

This direction is given by the Prime Minister in the Directive No. 27/CT-TTg dated October 03, 2021, on restoration of industrial production amidst COVID-19 prevention and control.

Accordingly, in order to timely remove difficulties for enterprises on the principle that “production must be safe and safety for production”, the Prime Minister requests the Ministry of Foreign Affairs to coordinate with the Ministry of Public Security and related units in removing difficulties and problems and creating favorable conditions for foreign specialists and workers to enter Vietnam and undergo isolation according to regulations of the Ministry of Health.

Provincial-level People’s Committees, in the capacity of agencies directly managing enterprises located in their localities, shall promptly set up and assign specific tasks to production restoration steering boards to implement plans

 

and adopt production and business plans of local enterprises, aiming at maintaining production and business activities while ensuring epidemic safety; take the initiative in working with the Ministry of Health so as to timely distribute vaccines serving the vaccination for workers at enterprises; consider allowing the re-opening of a number of services essential for workers’ life.

The Ministry of Health shall urgently issue specific regulations on distancing and testing for application to production and business activities of enterprises; prescribe conditions on production and methods of handling when detecting coronavirus infections in industrial parks or clusters; timely distribute vaccines to localities for local administrations to organize vaccination for workers at enterprises; etc.

NATIONAL STRATEGY ON GREEN GROWTH IN THE 2021 - 2030 PERIOD

The Decision No. 1658/QD-TTg on approving the National Strategy on Green Growth in the 2021 - 2030 period, with a vision toward 2050 is promulgated by the Prime Minister on October 01, 2021.

Specifically, by 2050, strive to reduce the intensity of greenhouse gas emissions per GDP by at least 30% compared to that in 2014. Also, the primary energy consumption per average GDP in each period (10 years) will reduce 1.0%/year; the proportion of renewable energy in the total primary energy supply will reach 25 - 30%; digital economy reaches 50% of GDP; forest cover rate will remain at 42 - 43%; at least 60% of the total irrigated dry crop area will apply advanced and water-saving irrigation methods.

To achieve the above objectives, the Ministry of Planning and Investment is assigned to develop and submit to the Prime Minister for promulgation the National

 

Green Growth Action Plan for the 2021 - 2030 period within 6 months after the Strategy is approved. The Ministry of Finance shall develop and complete tools for preferential financial policies, programs, and solutions to promote capital markets and green insurance; use tax instruments to correct unreasonable consumption behavior that is harmful to health, culture, and environment, etc.

Besides, ministries and sectors shall, within their assigned tasks, develop specific solutions to implement the Strategy, focusing on the groups of solutions such as: Development and perfection of institutions and policies; Communication, education and awareness raising; Development of green human resources and employment; etc.

This Decision takes effect from the signing date.

 

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