Legal Document Updates in English (43/2021)

BY THE END OF 2025, 80% OF PEOPLE AGED 15 YEARS OR OLDER
WILL HAVE BANK ACCOUNTS

On October 28, 2021, the Prime Minister issues the Decision No. 1813/QD-TTg approving the Scheme on development of non-cash payment in Vietnam during 2021 – 2025.

Accordingly, by the end of 2025, the value of non-cash payments will be 25 times higher than the Gross Domestic Product (GDP); non-cash payments shall account for 50% of e-commerce transactions; 80% of people aged 15 years or older shall have transaction accounts in banks or other licensed organizations; 90 - 100% of education institutions in urban areas will accept payment of school fees by non-cash payment instruments; 60% of health examination and

treatment establishments in urban areas will accept payment for medical services by non-cash payment instruments, etc.

In order to achieve the above-mentioned targets, the Governments sets out some solutions for non-cash payment development, including improving the legal framework, mechanisms and policies; upgrading and developing modern payment infrastructure that operates on a safe and effective manner; developing modern payment services and applying the achievements of the Fourth Industrial Revolution; promoting e-payment in the governmental sector and public administrative services, etc.

This Decision takes effect on the signing date.

GUIDANCE ON TRADE REMEDIES UNDER UK - VIETNAM FREE TRADE AGREEMENT

The Ministry of Industry and Trade promulgates the Circular No. 14/2021/TT-BCT guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland regarding trade remedies on October 29, 2021.

Accordingly, anti-dumping duty or countervailing duty must not be higher than the dumping margin or subsidy level. The bilateral safeguard measure and the safeguard measure provided in Article XIX of the 1994 General Agreement on Tariffs and Trade may not be concurrently applied to the same imported goods eligible for preferential tariffs under the UKVFTA Agreement.

Also, the time limit for investigation for application of bilateral safeguard measures is 1 year from the date the investigation

decision is issued. The duration for application of a bilateral safeguard measure must not exceed 2 years. In case the investigating agency concludes that a bilateral safeguard measure must be further applied to prevent or remedy serious damage and facilitate the adjustment of the domestic industry, the duration for application may be extended for 2 more years.

In case the duration for application of a bilateral safeguard measure is longer than 2 years, such measure must be gradually loosened throughout the application of the duration.

This Circular takes effect on December 15, 2021.

BY 2030, NINE NEW RAIL ROUTES ADDED TO
MASTER PLAN ON RAILWAY DEVELOPMENT

On October 19, 2021, the Prime Minister issues the Decision No. 1769/QD-TTg approving the master plan on railway network development in the 2021-2030 period with a vision to 2050.

According to the master plan, by 2030, in addition to 7 existing rail routes, running 2,440 km in total, 9 new rail routes are added to the master plan, running 2,362 km in total.

To be specific: Double-track North - South express railway with gauge of 1,435mm, running 1,545 km from Ngoc Hoi station to Thu Thiem station; Double-track Hanoi - Hai Phong route with gauge of 1,435 mm (a part of the Lao Cai - Hanoi - Hai Phong rail route) running 102 km parallel to the Hanoi - Hai Phong expressway (to the South Hai Phong station), which connects the Hai Phong international gateway seaport to Dinh Vu, Nam Do Son and Lach Huyen ports, etc.

HCMC PROMULGATES CRITERIA FOR SAFETY ASSESSMENT
FOR EARLY CHILDHOOD EDUCATION INSTITUTIONS

The Decision No. 3588/QD-BCD on promulgating the set of safety assessment criteria in the COVID-19 prevention and control for early childhood education institutions; general education institutions; foreign language and computing centers; education institutions and units engaged in life skills-based education and extracurricular activities in Ho Chi Minh City (HCMC) is promulgated on October 15, 2021 by HCMC Steering Committee for COVID-19 Prevention and Control.

The set of criteria includes 10 component criteria such as: Early childhood education institutions operating after 4:30 p.m.; Semi-boarding activities, canteen services and pick-up services; Childcare or education rooms, quarantine rooms and COVID-19 prevention and control plans; Children, teachers, officials and staff members shall regularly wash their hands with soap or sanitizer before entering classes; having separate clean eating utensils for each person;

cleaning and disinfecting toys, tables and chairs, floors, toilets, outdoor game areas in accordance with regulations; The distance between children, teachers, officials and staff members in childcare or education rooms and working rooms must be at least one meter while the distance between children, teachers, officials, staff members outside childcare or education rooms and working rooms must be at least two meters, etc.

Institutions meeting 8-10 component criteria shall be assessed as highly safe and are allowed to organize childcare and education activities. Institutions meeting less than 6 component criteria shall be assessed as unsafe and are not allowed to organize childcare and education activities; must overcome the failing component criteria to achieve at least 6 component criteria for organization of childcare and education activities.

GUIDANCE ON MANAGEMENT OF TRAINING FUNDS
FOR TEACHERS TO IMPLEMENT NEW TEXTBOOKS

The Circular No. 83/2021/TT-BTC on guiding the management of training and retraining funds for teachers and educational institution managers to implement new programs and new textbooks for general education is issued on October 04, 2021 by the Ministry of Finance.

Accordingly, expenditures of training and retraining include: Expenses for creating or renting the online learning management system; Expenses for investigating, surveying and developing training and retraining plans; Expenses for organizing relevant meetings, seminars and conferences; Expenses for compiling and appraising new training and retraining programs, textbooks and documents; Expenses for digitalizing documents for online training and retraining, etc.

Besides, based on the actual situation and the annual estimate allocated by competent authority, the heads of the agencies and units assigned to assume the prime responsibility for building online training and retraining system, and to assume the prime responsibility for organizing training and retraining courses shall decide on specific expenditure levels accordingly; at the same time, to ensure the arrangement of funds to carry out the training and retraining tasks in compliance with the assignment by competent authorities and within the allocated cost estimates.

This Circular takes effect from November 20, 2021.

BY 2030: THE AWARENESS ABOUT GENDER EQUALITY WILL INCREASE
BY 10%-15% AS COMPARED TO THE 2025’S FIGURE

The Prime Minister promulgates the Decision No. 1790/QD-TTg on approving the Program on communication about gender equality through 2030 on October 23, 2021.

To be specific, to strive for the target that by 2030, the awareness about gender equality of different groups of people in the community will increase by 10%-15% as compared to the 2025’s figure; by 2025, 95% and by 2030, 100% of village codes and conventions of the community will be approved without gender-based discrimination.

Additionally, to strive for the target that by 2025, at least 70% of media agencies will apply on a pilot basis and, by 2030, 90% of media agencies will officially apply the Set of gender indicators; by 2025,

all ministries, sectors and localities will annually formulate plans on and organize activities of the Action Month on Gender Equality and Gender-based Violence Prevention and Response; etc.

Tasks and solutions defined in this Decision for realization of the above targets include: renew forms and media of communication, step up the application of digital technologies and platforms, and diversify types and products of communication about gender equality; intensify the socialization of communication activities; expand and step up education about gender equality in families, schools and the community and promote the participation of children; etc.

This Decision takes effect on the signing date.

APPLY VACCINE PASSPORTS TO FOREIGN EXPERTS ENTERING VIETNAM

This highlight content is prescribed by the Government Office in the Official Dispatch No. 7937/VPCP-QHQT dated October 29, 2021 on applying “Vaccine passports” and measures to facilitate foreign experts entering Vietnam for economic development.

According to this Official Dispatch, the Ministry of Foreign Affairs shall urgently discuss with partners to promote the recognition of vaccine passport. The Ministry of Health shall assume the prime responsibility for promulgating the unified form of vaccine passport of Vietnam in paper and electronic forms (with electronic authentication mechanism) before

FROM DECEMBER 11, AN INDIVIDUAL MUST OPEN A SEPARATE ACCOUNT
TO MANAGE MOBILIZED CASH CONTRIBUTIONS

This content is specified in the Decree No. 93/2021/ND-CP dated October 27, 2021 of the Government on mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents, support patients with critical illnesses.

Specifically, the individual shall open a separate account at a commercial bank for each campaign to receive and manage all amount of voluntary contributions, arrange a suitable location to receive, manage and preserve voluntary contributions in kind during the period of receiving contributions; have receipts of voluntary contributions in cash or in kind received at the request by contributing organizations and individuals. The individual is not allowed to additionally receive voluntary contributions after the end of the committed period of receiving contributions and is responsible for notifying the cessation of receiving voluntary contributions to the place where the account is opened.

Also, when carrying out the mobilization, receipt and distribution of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents, an individual shall be responsible for notifying the purpose, scope, method, form of mobilization, accounts of receipt (of cash contributions), places of receipt (of in-kind contributions), time of commitment to distribute such contributions in the media and send the commune-level People's Committee where he/she resides a written notice, made according to the form of Notice.

Besides, expenses for activities of mobilization, receipt, distribution and use of voluntary contributions shall be paid by the contribution-mobilizing individuals. Voluntary contributions mobilized, received, distributed and used by individuals for remediation of consequences of natural disasters, epidemics or incidents shall not be included into the state budget.

This Decree takes effect on December 11, 2021.

HCMC PROMULGATES THE PLAN ON
ANTI-COVID-19 MEASURES APPLICABLE TO INDUSTRIAL PARKS

The Plan on COVID-19 prevention and control measures applicable to production and business establishments, industrial parks is provided in the Official Dispatch No. 8095/SYT-NVY providing interim guidance on COVID-19 prevention and control measures applicable to production and business establishments, industrial parks dated November 01, 2021 by the Department of Health of Ho Chi Minh City.

In accordance with the Plan, employees working at production and business establishments, industrial parks must be fully vaccinated, or have received at least one dose of vaccines against COVID-19 and have a plan to receive the second dose when the sufficient time to receive the second dose is reached; or have recovered from SAR-CoV-2 and completed their quarantine and medical surveillance period as prescribed.