Legal Document Updates in English (42/2021)

EXEMPT MANY TAX TYPES FOR BUSINESS HOUSEHOLDS, INDIVIDUALS
IN THE THIRD AND FOURTH QUARTERS OF 2021

This highlight content is prescribed by the Government in the Decree No. 92/2021/ND-CP dated October 27, 2021, detailing the implementation of the Resolution No. 406/NQ-UBTVQH15 of the National Assembly Standing Committee, on promulgation of solutions to support enterprises and people affected by the COVID-19 pandemic.

Specifically, business households and individuals operating in all business lines that are affected by the COVID-19 pandemic in 2021 (according to the List made by Chairpersons of People's Committees of provinces and centrally-run cities) shall be exempted from payable personal income tax, value-added tax (VAT), excise tax, royalties and environmental protection tax arising from production and business activities of the months in the third and fourth quarters of 2021.

Noticeably, tax exemption shall not be applied to income and turnover from the provision of software services and products; digital information content services and products related to entertainment, electronic game, digital film, digital image, digital music, and digital advertisement.

Besides, enterprises and organizations engaged in the following sectors that calculate VAT by credit method shall be entitled to a 30% reduction of the VAT rate: Transport service (rail, water, aviation transport, and road transport); accommodation service; food and beverage service; services of travel agencies, etc.

This Decree takes effect from October 19, 2021.

REDUCE THE RETENTION RATE OF ORGANIZATIONS COLLECTING CHARGES
FOR APPRAISAL AND EVALUATION OF MINERAL DEPOSITS

On October 21, 2021, the Ministry of Finance issues the Circular No. 91/2021/TT-BTC amending and supplementing a number of articles of the Circular No. 191/2016/TT-BTC dated November 08, 2016 of the Minister of Finance prescribing the rates, collection, remittance, management and use of the charge for appraisal and evaluation of mineral deposits and the fee for grant of mineral activity licenses, and the Circular No. 56/2018/TT-BTC dated June 25, 2018 of the Minister of Finance, prescribing the rates, collection, payment, management and use of charge for appraisal of the environmental impact assessment report by the central agency.

Accordingly, charge-collecting organizations may retain 70% (instead of 90% as in previous regulation) of the collected charge amounts to cover service provision and charge

CONDITIONS FOR IMPORTED GOODS TO BE ELIGIBLE
FOR THE SPECIAL PREFERENTIAL IMPORT DUTY RATE OF 0%

The Decree No. 90/2021/ND-CP on Vietnam’s Special Preferential Import Tariff to implement the Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic from October 4, 2020, to October 4, 2023 is issued on October 19, 2021 by the Government.

The Decree provides the List of goods eligible for 50% reduction of Vietnam’s ATIGA duty rates under the Vietnam-Laos Trade Agreement; List of goods not eligible for tariff incentives under the Vietnam-Laos Trade Agreement; List of goods eligible for annual tariff-rate quotas under the Vietnam-Laos Trade Agreement. Accordingly, imported goods originating from the Lao PDR, except those on the above-mentioned Lists, will be eligible for the special preferential import duty rate of 0% if satisfying the following conditions:

INSURANCE MONEY LIMIT MUST NOT EXCEED VND 125 MILLION

This highlight content is prescribed by the Prime Minister in the Decision No. 32/2021/QD-TTg dated October 20, 2021 on insurance money limit.

Specifically, the maximum payable insurance money amount that the deposit insurers pay for all deposits covered by insurance in accordance with the Law on Deposit Insurance of an individual at an organization participating in deposit

BUSINESS INDIVIDUALS MAY APPLY THE MICRO-ENTERPRISES ACCOUNTING REGIME

The Ministry of Finance issues the Circular No. 88/2021/TT-BTC guiding the accounting regime applicable to business households and individuals on October 11, 2021.

Accordingly, the Ministry of Finance guides the formulation of accounting documents and recording of accounting books for business households and individuals who pay taxes using the declaration method.

Specifically, contents of accounting documents, the making, archiving, and signing of accounting documents of business households and individuals shall comply with Articles 16, 18, and 19 of the Law on Accounting and specific guidance in Appendix 1 "Form and method of making accounting documents" promulgated together with this Circular.

HCMC ALLOWS FOOD AND BEVERAGE ESTABLISHMENTS TO OFFER ON-SITE SERVICES FROM OCTOBER 28

The Official Dispatch No. 3569/UBND-KT on resuming food services is issued on October 27, 2021 by the People's Committee of Ho Chi Minh City (HCMC).

Accordingly, food and beverage establishments shall be allowed to offer on-site services from October 28, 2021 but must satisfy the following criteria:

- Satisfying the safety criteria in terms of the COVID-19 pandemic prevention and control applicable to food and beverage establishments in HCMC;

- Operating until 9:00 p.m. every day, with the serving capacity up to 50% of their maximum capacity. Especially, no alcohol would be allowed.

PEOPLE FROM OTHER LOCALITIES TO HANOI
ARE NOT REQUIRED TO PRESENT SARS-COV-2 TEST RESULTS

This noticeable content is prescribed in the interim guidance on measures applied for those from other localities to Hanoi provided in the Official Dispatch No. 17403/SYT-NVY dated October 21, 2021 of Hanoi Department of Health.

In accordance with this interim guidance, people from other localities to Hanoi are not required to present results of the test for SARS-CoV-2. Specifically, not indicate testing for the citizens’ movements; testing is only required for those who come from level-4 pandemic risk areas or blockage areas and suspected cases or those who come from level-3 pandemic risk areas and are subject to epidemiological investigation requirement.

People from localities with the pandemic at very high risk (level 4 - labeled red) or blockade areas who are fully vaccinated against COVID-19 with a green card shown on the electronic health record or a certificate of having received full doses of COVID-19 vaccine issued by the competent authority after at least 14 days from the date of receiving the

ONLY ORGANIZE CEREMONIES WITHOUT FESTIVAL ACTIVITIES IN AREAS OF LEVEL-2 PANDEMIC RISK

On October 18, 2021, the Ministry of Culture, Sports and Tourism issues the Guidance No. 3862/HD-BVHTTDL on implementation of the Government's Resolution No. 128/NQ-CP dated October 11, 2021 promulgating the temporary regulation on “Safe and flexible adaptation and effective control over the COVID-19 pandemic” in cultural, sports and tourism activities.

Accordingly, festival activities in areas of level-2 pandemic risk must satisfy the following requirements:

- Reducing the scale and adjusting the form and time of festivals; reducing the organization of festival activities to ensure the requirements on disease prevention and control according to the pandemic situation and local regulations;

- Reducing 50% of delegates and guests according to the approved plans;

- Strengthening propaganda and introduction about the origin of festivals, relics and personalities being worshiped and honored; true values and meanings of traditional beliefs and rituals.

FROM DECEMBER 10, NOT REQUIRE ANNUAL REFRESHER TRAINING
FOR CADRES, CIVIL SERVANTS

On October 18, 2021, the Government issues the Decree No. 89/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 101/2017/ND-CP dated September 01, 2017 prescribing regulations on trainings and refresher trainings for cadres, civil servants and public employees.

This Decree annuls regulations on compulsory annual knowledge and professional retraining for cadres, civil servants and public employees (with the minimum duration of 1 week every year; in which, one week is calculated by 5 learning days, one learning day has 8 class hours) in the Decree No. 101/2017/ND-CP.

Besides, according to the previous regulations, the duration for implementing programs and materials for refresher