Legal Document Updates in English (45/2021)

FROM DECEMBER 15, CHARGE RATE FOR EXAMINATION FOR PROMOTION
OF RANKS OF PUBLIC EMPLOYEES IS VND 700,000/TIME

The Circular No. 92/2021/TT-BTC prescribing the rates, collection, remittance, management and use of the charge for recruitment, and examination for promotion of ranks or grades of civil servants and public employees is issued on October 28, 2021 by the Ministry of Finance.

In accordance with this Circular, the charge rate for recruitment (include examination and selection) of under 100 candidates, from 100 to 500 candidates and 500 candidates or more is VND 500,000/candidate/time; VND 400,000/candidate/time, and VND 300,000/candidate/time, respectively.

Noticeably, the charge rate for examination for promotion to the official, principal official or equivalent rank; promotion to the public employee's professional title of grade IV is VND 700,000/candidate/time (under 100 candidates); VND 600,000/candidate/time (from 100-500 candidates), or VND 500,000/candidate/time (from 500 candidates or more).

In addition, the charge rate for examination for promotion to the senior official or equivalent rank, promotion to the public employee's professional title of grade IV in case of less than 50 candidates is VND 1.4 million/candidate/time; charge rate for re-examination for recruitment; promotion of ranks civil servants and grades of public employee's professional title is VND 150,000/exam, etc.

By the 5^th of every month at the latest, the charge-collecting organization shall deposit the collected charge amount in the previous month to its State Treasury account of charges pending remittance into the state budget. Charge-collecting organizations shall declare and remit the collected charge amounts on a monthly basis and finalize such amounts on an annual basis under the Law on Tax Administration, the Government’s Decree No. 126/2020/ND-CP.

This Circular takes effect on December 15, 2021.

INSURANCE ENTERPRISES MUST ISSUE COMPULSORY FIRE AND EXPLOSION INSURANCE
CERTIFICATES TO INSURANCE PURCHASERS

On November 08, 2021, the Government issues the Decree No. 97/2021/ND-CP dated November 08, 2021 of the Government amending and supplementing a number of articles of the Government’s Decree No. 23/2018/ND-CP of February 23, 2018, providing compulsory fire and explosion insurance.

Specifically, insurance enterprises shall issue compulsory fire and explosion insurance certificates to insurance purchasers. A compulsory fire and explosion insurance certificate may be designed by an insurance enterprise and must have the following contents: Names and addresses of the insurance enterprise, insurance purchaser and the insured; A content clearly stating the insurance purchaser is on what list of establishments prone to fire and explosion; Address(es) of the insured asset(s); Insured asset(s), etc.

Revenues from compulsory fire and explosion insurance premiums reserved for fire prevention and fighting activities shall be used to support the provision of fire prevention and fighting devices and equipment for the fire prevention and fighting police force. The expense for this content must not exceed 65% of the compulsory fire and explosion insurance premium actually collected by an insurance enterprise in a fiscal year, increased 25% compared to that in the previous regulation.

Besides, revenues from compulsory fire and explosion insurance premiums reserved for fire prevention and fighting activities shall be used to support the commendation of achievements recorded by organizations and individuals directly participating or coordinating in fire prevention and fighting activities. The expense for this content must not exceed 5% of the compulsory fire and explosion insurance premium actually collected by an insurance enterprise in a fiscal year.

This Decree takes effect on December 23, 2021.

HANOI PILOTS HOME QUARANTINE FOR F1 CASES

This highlight is prescribed in the Official Telegram No. 23/CD-UBND on continuing to implement COVID-19 prevention and control measures in the City according to the new situation.

Specifically, from November 17, 2021, Hanoi shall pilot the home quarantine for close contacts (F1 cases) eligible for home quarantine under the Ministry of Health’s regulations and the Department of Health’s instructions. For ineligible cases, they shall be subject to mandatory quarantine at concentrated quarantine establishments or hotels (F1 cases must have a written request for voluntary quarantine at hotels approved by the City and commit to paying expenses for quarantine at hotels).

Besides, the concentrated quarantine period applicable to close contacts (F1 cases) is shortened to 14 days.

In addition, Hanoi also pilots the establishments receiving and treating asymptomatic or mildly symptomatic patients (F0 cases) in communes, wards, and townships according to the "four-on-the-spot" motto, that are established and run by districts and towns according to specialized instructions provided by the Department of Health; expands establishments providing treatment for asymptomatic or mildly symptomatic SARS-CoV-2 patients at district and town levels after the pilot period, etc.

HCMC: RESUME OPERATIONS OF FOOD AND BEVERAGE ESTABLISHMENTS ON A PILOT BASIS

According to the Official Dispatch No. 3818/UBND-KT dated November 16, 2021 of Ho Chi Minh City (HCMC) People's Committee regarding operations of food and beverage establishments, HCMC allows food and beverage establishments to resume operations from November 16, 2021 to the end of November 30, 2021 on a pilot basis, provided that the following conditions are satisfied:

- Meeting requirements provided in the set of criteria for assessment of safe operations in the COVID-19 prevention and control at food service and food business establishments in HCMC;

- Operation time: Until 22:00 every day.

Also in accordance with this Official Dispatch, establishments in areas assessed as level-1 and level-2 areas shall operate normally; establishments in areas assessed as level-2 areas may provide on-site dining services at no more than 50% of their capacity at a time (selling alcohol or permitting customers to use alcohol at the establishments is banned); establishments in areas assessed as level-4 areas may only provide takeaway services.

After the pilot duration, People’s Committees of Thu Duc District and other districts shall synthesize, assess and draw on experiences and send them to the Department of Industry and Trade for synthesis and proposal to HCMC People’s Committee.

6 STANDARDS FOR IDENTIFYING DRUG ADDICTS

On November 16, 2021, the Ministry of Health issues the Circular No. 18/2021/TT-BYT regulating standards for diagnosis and professional process for determination of state of drug addiction.

Accordingly, 6 standards for diagnosis of state of drug addiction include: Have strong desire or sense of compulsion to use drugs; Have difficulty in controlling drug use behaviors on start time, end time or usage; Have phenomenon of tolerance to the narcotic substances; Become increasingly indifferent to other hobbies or interests due to drug use; Continue to use drug despite knowledge of its harmful effects; Have state of drug addiction treatment (syndromes

upon drug addiction treatment) when drug use is stopped or reduced.

The diagnosed persons are identified as drug addicts if at least 3 of the 6 standards occur at the same time within at least 01 month or if they persist for less than 01 month, and are repeated simultaneously within 12 months.

Besides, the Ministry of Health also provides signals for determination of state of treatment of psychostimulants (amphetamines, cocaine or other psychostimulants).

This Circular takes effect from January 01, 2022.

TEMPORARY GUIDANCE ON HOME-BASED MANAGEMENT OF PEOPLE INFECTED WITH COVID-19

The Ministry of Health promulgates the Decision No. 4038/QD-BYT on promulgating the "Temporary guidance on home-based management of people infected with COVID-19" on August 21, 2021.

According to this Decision, people infected with COVID-19 shall be under home-based management if they don’t have any clinical symptoms; or have mild clinical symptoms, show no signs of pneumonia or lack of oxygen; and satisfy at least one of the following two criteria: Having got full 2 doses, or 1 dose, of COVID-19 vaccines after 14 days, OR having full 03 following factors: (1) Age: Children over 1 year of age, adults under 50 years of age; (2) No underlying medical conditions; (3) Not pregnant. Also, the patients must be able to take care of themselves, to contact medical staff, to communicate normally and have available means of communication; or have caregivers who meet the above criteria.

Facilities in charge of managing people infected with COVID-19 at home shall guide the people infected with COVID-19 to self-monitor their health. Upon detecting any one of the following signs, the patients must immediately report to the

managing facilities, the health stations of communes and wards, etc. to hospitalize them for emergency treatment and timely hospital transfer: Shortness of breath, difficulty breathing, or children with signs of abnormal breathing: groaning while breathing, chest-indrawing, etc.; Respiration rate ≥ 21 breaths/minute (for adults), ≥ 40 breaths/minute (for children from 1 to under 5 years of age, ≥ 30 breaths/minute (for children from 5 to under 12 years of age); etc.

Additionally, people infected with COVID-19 must report on their any unhealthy condition or other suspected symptoms such as: Tachycardia > 120 BPM or bradycardia < 50 BPM; Low blood pressure: Systolic blood pressure < 90 mmHg, Diastolic blood pressure < 60 mmHg (if measurable); Frequent chest pain, feeling of tightness in the chest and the pain that increases when taking a deep breath; Changes in consciousness: Confusion, narcolepsy, lethargy, very tired/exhausted, children being fussy, anaemic, difficult to wake, or convulsions; etc.

This Decision takes effect on the signing date.

REVIEW FISCAL MANAGEMENT REGULATIONS FOR CHARITY FUNDRAISING ACTIVITIES

The Resolution No. 127/NQ-CP on the Government’s virtual regular meeting in September, 2021 with localities regarding to the socio-economic situation in September, 2021 and in the first 9 months of 2021 is promulgated by the Government on October 08, 2021.

The Ministry of Health is requested to continue to study and summarize practices to supplement, improve and enhance implementation effectiveness of pandemic prevention and control measures; develop a specific plan to secure the vaccine source and speed up the vaccine import schedule; urgently develop a prudent, safe, and scientific route for children's injections. Additionally, strictly manage the

procurement and aid of equipment, supplies, biological products, vaccines effectively and in accordance with regulations, prevent loss, waste and corruption.

Besides, the Ministry of Finance shall actively administer the fiscal policy flexibly, ensuring the balance between state budget revenues and expenditures; implement resolutely and effectively tax management solutions, especially perfect mechanisms, policies, and infrastructure for the deployment of e-invoices. Also, to review fiscal management regulations for charity fundraising activities; promptly take measures to rectify and strengthen management, ensure their publicity and transparency.

THE NATIONAL PUBLIC SERVICE PORTAL IS OPERATED 24/7

On October 11, 2021, the Prime Minister issues the Decision No. 31/2021/QD-TTg providing Regulation on management, operation, and exploitation of the National Public Service Portal.

Accordingly, the management, operation and exploitation of the National Public Service Portal must follow the law on controlling administrative procedures, implementation of the single window and inter-agency single window mechanism, e-transaction, etc. The National Public Service Portal is connected smoothly and continuously with the public service portals and single window information systems at ministerial and provincial levels for the around-the-clock operation.

Besides, the National Public Service Portal includes 9 components such as: The National database on administrative procedures; The system of receipt and response to organizations’ and individuals’ reports and

complaints; The electronic certification and identification management system of the National Public Service Portal; The online payment system; The system assessing the handling of administrative procedures of ministries, sectors and localities, etc.

Within 2 years from the last login session, if there is no activity relating to the account of an organization or individual on the National Public Service Portal, the support system shall send a notification to such organization or individual of locking an account via SMS or e-mail. The notification shall be sent once a month in the next two months. After the last notification, the National Public Service Portal shall lock the registered account.

This Decision takes effect on December 09, 2021.