Legal Document Updates in English (44/2021)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

33/2021/QD-TTg

Decision No. 33/2021/QD-TTg dated November 06, 2021 of the Prime Minister on amending and supplementing a number of articles of the Decision No. 23/2021/QD-TTg dated July 07, 2021 of the Prime Minister on providing regulations on the implementation of policies to support employees and employers hit by the COVID-19 pandemic

 

Peddlers hit by COVID-19 are entitled to a support of VND 3 million

Page 2

COMMERCE

 

COMMERCE

2

95/2021/ND-CP

Decree No. 95/2021/ND-CP dated November 01, 2021 of the Government amending and supplementing a number of articles of the Decree No. 83/2014/ND-CP dated September 03, 2014, on petrol and oil trading

 

Petrol and oil distributors may decide the retail prices of petrol and oil

Page 2

3

3589/QD-BCD

Decision No. 3589/QD-BCD dated October 15, 2021 of Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control on promulgating the set of criteria for assessment of safe operations in the prevention and control of COVID-19 at production, business and commercial establishments in Ho Chi Minh City

 

HCMC promulgates criteria for assessment of safe operations at production establishments

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

4

16/2021/TT-BYT

Circular No. 16/2021/TT-BYT dated November 08, 2021 of the Ministry of Health prescribing prices for SARS-CoV-2 testing services

 

The maximum price for SARS-CoV-2 rapid antigen test is VND 109,700/test

Page 3

CULTURE – SPORT – TOURISM

 

CULTURE – SPORT – TOURISM

5

4122/HD-BVHTTDL

Temporary Guidance No. 4122/HD-BVHTTDL dated November 05, 2021 of the Ministry of Culture, Sports and Tourism on piloting welcoming international tourists to Vietnam

 

4 conditions for international tourists arriving in Vietnam

Page 3

6

94/2021/ND-CP

Decision No. 94/2021/ND-CP dated October 28, 2021 of the Government amending and supplementing Article 14 of the Government’s Decree No. 168/2017/ND-CP dated December 31, 2017 on detailing a number of articles of the Law on Tourism regarding deposits for provision of travel services

 

From October 28, deposit for provision of domestic travel services is VND 20 million

Page 3

JUSTICE

 

JUSTICE

7

07/2021/TT-BTP

Circular No. 07/2021/TT-BTP dated November 01, 2021 of the Ministry of Justice providing the issuance of press releases on legal documents promulgated by the Government or the Prime Minister

 

Issuance of press releases on legal documents promulgated by the Government

Page 4

 

SUMMARY:

 

Ü LABOR - SALARY

PEDDLERS HIT BY COVID-19 ARE ENTITLED TO A SUPPORT OF VND 3 MILLION

This highlight content is prescribed by the Prime Minister in the Decision No. 33/2021/QD-TTg dated November 06, 2021, on amending and supplementing a number of articles of the Decision No. 23/2021/QD-TTg dated July 07, 2021, of the Prime Minister on providing regulations on the implementation of policies to support employees and employers hit by the COVID-19 pandemic.

To be specific: Households engaged in agriculture, forestry, aquaculture or salt production, peddlers, petty food sellers, shipment-based traders, itinerant and seasonal business people, and service providers earning low incomes who are not required to make business household registration, and have to suspend their operations for 15 consecutive days or more due to the request of competent State agencies for COVID-19 pandemic prevention and control, or have business locations in the area implementing measures to prevent and control the pandemic from May 01, 2021 to the end of December 31, 2021 shall be entitled to an one-time support with the amount of VND 3,000,000/business household.

 

Besides, conditions for business households to enjoy support are amended and supplemented as follows: Having business registration and being in the tax authorities directory; Having the period of operation suspension for 15 consecutive days or more due to the request of competent State agencies for COVID-19 pandemic prevention and control or having business locations in the area implementing measures to prevent and control the pandemic under the principles of the Directive No. 16/CT-TTg or applying measures of banned/suspension as regulated in the Resolution No. 128/NQ-CP from May 01, 2021 to the end of December 31, 2021.

Also in accordance with this Decision, children, elderly and disabled people who are under treatment for COVID-19 infection or undertake the quarantine shall be entitled to an one-time support of VND 1,000,000/person (as in previous regulations, this support only provides for children).

This Decision takes effect on the signing date.

Ü COMMERCE

PETROL AND OIL DISTRIBUTORS MAY DECIDE THE RETAIL PRICES OF PETROL AND OIL

This is a new content in the Government’s Decree No. 95/2021/ND-CP dated November 01, 2021 amending and supplementing a number of articles of the Decree No. 83/2014/ND-CP dated September 03, 2014, on petrol and oil trading.

Specifically, based on the actual situation at each enterprise, key petrol and oil traders and petrol and oil distributors shall decide the retail prices of petrol and oil (or the wholesale price, for fuel oil) in their distribution system in accordance with the actual expenses incurred at the enterprise and ensure that such prices shall be not higher than the one announced by the competent state agency.

For localities far away from petrol and oil key depots, far away from petrol and oil production establishments, if there

 

are (audited) reasonable and valid actual expenses incurred, leading to a sale price higher than the regulating price, key petrol and oil traders may decide the actual sale price in such localities (that has been notified to the Ministry of Industry and Trade) to offset the expenses but the increasing amount must not exceed 2% of the regulating price announced at that time.

In that case, key petrol and oil traders and petrol and oil distributors shall be responsible for notifying their sale prices to the Ministry of Industry and Trade and the Ministry of Finance right after deciding on the petrol and oil sale prices of the enterprise.

This Decree takes effect on January 02, 2022.

HCMC PROMULGATES CRITERIA FOR ASSESSMENT OF
 SAFE OPERATIONS AT PRODUCTION ESTABLISHMENTS

The Decision No. 3589/QD-BCD on promulgating the set of criteria for assessment of safe operations in the prevention and control of COVID-19 at production, business and commercial establishments in Ho Chi Minh City is issued on October 15, 2021, by Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control.

Accordingly, people who have been vaccinated against COVID-19 (getting at least one dose for vaccines that require 2 shots and having been vaccinated for at least 14 days) or have been recovered from COVID-19 for less than 6 months (the green QR codes have been activated on “Ho Chi Minh City Health” or produce the following papers: Papers proving the recovery from COVID-19 for less than 6 months; Papers proving that they have received at least one dose of COVID-19 vaccine (for the type requiring 2 shots) for at least 14 days), can participate in production, business and social activities depending on the extent of the pandemic control of the City. People who have not been vaccinated against COVID-19 must obtain a negative SARS-CoV-2 test result (rapid test or RT-PCR) which remains valid as prescribed, they shall be prioritized to work online or at departments with limited contact, and must commit to meeting the requirements of pandemic prevention and control.

 

Also in accordance with this Decision, safety measures to prevent and control the pandemic must be ensured in accordance with the regulations and considered as a top principal factor. The establishments can only produce and trade when they meet the criteria for safe operation while preventing and controlling the COVID-19 pandemic. During the operation, employers and employees at the establishments; partners and customers purchasing and using goods and services must strictly make health declarations, comply with the 5K rules when working, contacting others for work or making transactions.

Goods retail activities or trading and service-providing activities which deliver goods to customers via goods transfer services shall be carried out by contactless methods. In case of payment in cash, there must be separate trays to give and take the money; the goods must be delivered via intermediates to avoid direct contact.

This Decision takes effect on the signing date.

Ü MEDICAL – HEALTH

THE MAXIMUM PRICE FOR SARS-COV-2 RAPID ANTIGEN TEST IS VND 109,700/TEST

On November 08, 2021, the Ministry of Health issues the Circular No. 16/2021/TT-BYT prescribing prices for SARS-CoV-2 testing services.

According to the Circular, the maximum price for SARS-CoV-2 testing services in case it is covered by the health insurance fund as follows: VND 109,700/test, for SARS-CoV-2 rapid antigen test; VND 186,600/test, for SARS-CoV-2 test by automated or semi-automated immunoassay analyzers; VND 518,400/test, for SARS-CoV-2 Real-time RT-PCR test (single sample testing), etc.

In addition, price for SARS-CoV-2 testing services includes: Direct costs for taking and preserving samples, carrying out

 

tests and returning of SARS-CoV-2 test results; Costs for payment of salary according to ranks, allowances, and contributions under the regime applicable to public non-business units, excluding COVID-19 prevention and control allowances for health staff and officers; Costs for biological products used for SARS-CoV-2 testing according to actual use and purchase price in accordance with the law on bidding.

This Circular takes effect from November 10, 2021, until the end of December 31, 2022.

Ü CULTURE – SPORT – TOURISM

4 CONDITIONS FOR INTERNATIONAL TOURISTS ARRIVING IN VIETNAM

On November 05, 2021, the Ministry of Culture, Sports and Tourism promulgates the Temporary Guidance No. 4122/HD-BVHTTDL on piloting welcoming international tourists to Vietnam.

To be specific, in the first phase (starting from November 2021), piloting welcoming international tourists under package tours, through charter flights and international trade in selected areas and tourism service establishments in Phu Quoc city (in Kien Giang), Khanh Hoa, Quang Nam, Da Nang, Quang Ninh.

In the second phase (starting from January 2022), expanding the pilot program to welcome more international tourists and connecting destinations through charter flights and regular

 

international trade. And fully reopening to the international tourism market in the third phase.

International tourists arriving in Vietnam must meet the following requirements on health, entry and exit: Having a certificate of full vaccination against COVID-19; or having a certificate of recovery from COVID-19 or equivalent documents with certain detailed conditions; Obtaining negative test results for SARS-CoV-2 by RT-PCR/RT-LAMP method within 72 hours before departure; Having medical or travel insurance that covers treatment for COVID-19 with a minimum liability of $50,000; and Participating in a package tour of a travel agency.

FROM OCTOBER 28, DEPOSIT FOR PROVISION OF
 DOMESTIC TRAVEL SERVICES IS VND 20 MILLION

The Government issues the Decision No. 94/2021/ND-CP amending and supplementing Article 14 of the Government’s Decree No. 168/2017/ND-CP dated December 31, 2017 on detailing a number of articles of the Law on Tourism regarding deposits for provision of travel services on October 28, 2021.

Accordingly, the deposits for provision of travel services are reduced as follows: Deposit for provision of domestic travel services is VND 20,000,000 instead of VND 100,000,000 as in applicable regulations; Deposit for provision of travel services for international inbound tourists is VND 50,000,000, instead of VND 250,000,000 as in applicable regulations.

In addition, the deposit for provision of travel services for outbound tourists or provision of travel services for

 

international inbound tourists and outbound tourists is VND 100,000,000 (the deposit in applicable regulations is VND 500,000).

The depositary bank that provides travel services shall be responsible for revoking the deposit certificate for providing travel services granted to the enterprise, granting a new deposit certificate according to the above-mentioned deposit levels and refunding the difference between the deposit levels.

This Decree takes effect on the date of its signing. The above-mentioned deposit levels shall be implemented until the end of December 31, 2023.

Ü JUSTICE

ISSUANCE OF PRESS RELEASES ON LEGAL DOCUMENTS PROMULGATED BY THE GOVERNMENT

The Circular No. 07/2021/TT-BTP providing the issuance of press releases on legal documents promulgated by the Government or the Prime Minister is issued on November 01, 2021 by the Ministry of Justice.

Specifically, the Ministry of Justice shall summarize and prepare contents, and then compile and issue press releases on legal documents promulgated by the Government or the Prime Minister no later than the 10th of the following month.

If detecting an error in the contents of a press release already issued, the drafting agency shall itself or at the Ministry of Justice’s request promptly re-provide accurate information to

 

the Ministry of Justice for the latter to issue a written correction. The drafting agency shall send a document on re-provision of information to the Ministry of Justice within 2 working days after receiving the latter’s request or detecting the error in the press release.

The Ministry of Justice shall issue a written correction within 2 working days after receiving the drafting agency’s document on re-provision of information.

This Circular takes effect on January 01, 2022.

 

 

 

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