Legal Document Updates in English (51/2020)

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietnam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

 

105/2020/TT-BTC

 

Circular No. 105/2020/TT-BTC dated December 03, 2020 of the Ministry of Finance providing guidance on tax registration

 

More cases of disclosure of taxpayers’ tax registration information

Page 2

LABOR - SALARY

 

LABOR - SALARY

2

145/2020/ND-CP

Decree No. 145/2020/ND-CP dated on December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations

 

From February 2021, enterprises employing 1,000 female workers or more must have a room for breast milk collection and storage

Page 2

TRANSPORT

 

TRANSPORT

3

 

33/2020/TT-BGTVT

 

Circular No. 33/2020/TT-BGTVT dated December 23, 2020 of the Ministry of Transport on promulgating amendments on 01:2020 QCVN 86:2015/BGTVT on the National technical regulation on the fourth level of gaseous pollutants emission for new assembled, manufactured and imported automobiles

 

To exempt from gaseous pollutants emission inspection for automobiles have been granted the Factory Quality Control Certificate

Page 2

SCIENCE – TECHNOLOGY

 

SCIENCE – TECHNOLOGY

4

 

2117/QD-TTg

 

Decision No. 2117/QD-TTg dated December 16, 2020 of the Prime Minister on promulgating the List of technologies prioritized for research, development and application for the country’s proactive participation in the Fourth Industrial Revolution

 

List of 37 technologies prioritized for research, development and application

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

5

65/2020/QH14

Law No. 65/2020/QH14 dated June 19, 2020 of the National Assembly Amending and Supplementing a Number of Articles of the Law on Organization of the National Assembly

 

From 2021, at least 40% of National Assembly deputies are full-time deputies

Page 3

JUSTICE

 

JUSTICE

6

106/2020/QH14

Resolution No. 106/2020/QH14 dated June 10, 2020 of the National Assembly on promulgating the law and ordinance making program for 2021, amending the law and ordinance making program for 2020

 

To adjust the time for submitting the draft Law on Emulation and Commendation Law (amended) to October 2021

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE

MORE CASES OF DISCLOSURE OF TAXPAYERS’ TAX REGISTRATION INFORMATION

On December 03, 2020, the Ministry of Finance issues the Circular No. 105/2020/TT-BTC providing guidance on tax registration.

In accordance with the new provision, apart from the cases when the taxpayers stopped their operation and completed procedures for invalidation of their tax identification numbers or not; taxpayers do not operate at the registered address, etc., the tax office shall publicly post tax registration information of taxpayers when the taxpayers have suspended their operation or business or violated the law on tax registration.

Concurrently, before having the tax identification numbers invalidated, taxpayers must perform the following obligations:

 

Firstly, taxpayers shall submit a report on the use of invoices in accordance with law provisions on invoice.

Next, taxpayers shall fulfill the obligation to submit the dossier on tax declaration and payment and handle the overpaid tax amounts and undiscounted value-added tax amounts (if any) in accordance with the Law on Tax Administration with the tax office.

For managing units with affiliates, all these affiliates must complete the procedures for invalidation of tax identification numbers before their managing unit’s tax identification number is invalidated.

This Circular takes effect on January 17, 2021.

Ü LABOR - SALARY

FROM FEBRUARY 2021, ENTERPRISES EMPLOYING 1,000 FEMALE WORKERS OR MORE
MUST HAVE A ROOM FOR BREAST MILK COLLECTION AND STORAGE

The Government issues the Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations on December 14, 2020.

According to the new regulation, an employer employing 1,000 female employees or more must have a room for breast milk collection and storage at the workplace. Noticeably, this Decree specifies acts regarded as sexual harassment at the workplace such as: Physical behavior including sexual actions, gestures, contact, or physical impact on the body or sexual suggestions; Verbal sexual harassment, including using direct speeches, via the telephone or electronic means, etc.

Specifically, the employer must promptly prevent, handle an act of sexual harassment at the workplace and take

 

measures to protect secret, honor, reputation, dignity and safety of the person being sexually harassed, person making a complaint or denunciation and person being complained or denounced, when the complaint or denunciation of such act arises.

Besides, the Government also stipulates cases in which the domestic employee may unilaterally terminates the labor contract without notifying in advance due to one of the following reasons: He/she is not assigned the job or workplace or is not assured of the working conditions as agreed upon; His/her wage is not paid in full or on time; He/she is ill-treated or beaten or verbally or physically humiliated; He/she is subject to forced labor; is sexually harassed at the workplace, etc.

This Decree takes effect on February 01, 2021.

Ü TRANSPORT

TO EXEMPT FROM GASEOUS POLLUTANTS EMISSION INSPECTION
FOR AUTOMOBILES HAVE BEEN GRANTED THE FACTORY QUALITY CONTROL CERTIFICATE

On December 23, 2020, the Ministry of Transport issues the Circular No. 33/2020/TT-BGTVT on promulgating amendments on 01:2020 QCVN 86:2015/BGTVT on the National technical regulation on the fourth level of gaseous pollutants emission for new assembled, manufactured and imported automobiles.

Accordingly, to exempt from inspection and testing of gaseous pollutants emission and shall continue to conduct inspection and certification procedures for the following cases: Vehicles having been granted the Factory Quality Control Certificate or vehicles having been granted the Certificate of Technical safety and Environmental protection for imported automobiles before the effective date of the Regulation “Amendment 01:2020 QCVN 86:2015/BGTVT”; Vehicles have been granted the Factory Quality Control Certificate after the effective date of this Regulation on the basis of the corresponding Vehicle Type Approval Certificate which is issued before the effective date of this Regulation and still takes effect, etc.

 

In addition, newly assembled, manufactured and imported vehicles must be subject to inspection of gaseous pollutants emission in accordance with current regulations of the Minister of Transport on quality inspection of technical safety and environmental protection in manufacturing, assembling and importing vehicles. Vehicles need to be subject to running-in to ensure best technical conditions before testing. Organizations and individuals who register for the testing can themselves decide on the running-in distance in accordance with the manufacturer's recommendation.

Besides, for types of vehicles or engines that have been subject to testing of gaseous pollutants emission and granted the test report in accordance with QCVN 86:2015/BGTVT, they shall continue to use the granted test report for inspection and certification purposes in accordance with regulations prescribed in respective legal documents.

This Circular takes effect on February 15, 2021.

Ü SCIENCE – TECHNOLOGY

LIST OF 37 TECHNOLOGIES PRIORITIZED FOR RESEARCH, DEVELOPMENT AND APPLICATION

The Prime Minister issues the Decision No. 2117/QD-TTg dated December 16, 2020 on promulgating the List of technologies prioritized for research, development and application for the country’s proactive participation in the Fourth Industrial Revolution.

The List comprises 37 technologies prioritized for research, development and application for the country’s proactive participation in the Fourth Industrial Revolution in 04 fields as follows:

Firstly, in the field of digital technologies: artificial intelligence; internet of things; big data analytics; blockchain; cloud computing, grid computing, edge computing; quantum computing, etc.

Secondly, for physics, autonomous robots, collaborative robotics-cobot, unmanned aerial vehicles (UAV),

 

autonomous underwater vehicles (AUV); nanomaterials, nanodevices, photonics and light technologies; micro and nano satellites; etc. shall be prioritized for research, development and application.

Thirdly, in biotechnologies: synthetic biology; neurotechnologies; stem cells; enzyme technologies; bioinformatics; biochips and biosensors; regenerative medicine and tissue engineering, etc.

Finally, to prioritize the development of fuel cells; advanced biofuels; photovoltaics; advanced oil and gas exploration and recovery; advanced wind turbine technologies, etc. in the field of energy and environment.

This Decision takes effect from the signing date.

Ü ORGANIZATIONAL STRUCTURE

FROM 2021, AT LEAST 40% OF NATIONAL ASSEMBLY DEPUTIES ARE FULL-TIME DEPUTIES

On June 19, 2020, the National Assembly passes the Law Amending and Supplementing a Number of Articles of the Law on Organization of the National Assembly No. 65/2020/QH14.

Accordingly, the number of full-time National Assembly deputies must account for at least 40% of the total number of National Assembly deputies, increase 5% compared to previous provisions. Part-time National Assembly deputies may register for attending conferences of full-time National Assembly deputies to discuss issues of their concern.

In addition, the number and list of full-time National Assembly deputies in a National Assembly deputies’ delegation shall be decided and approved by the Standing Committee of the National Assembly. Based on the

 

practical requirements and situation, the Standing Committee of the National Assembly shall decide to convene a meeting of full-time National Assembly deputies prior to each National Assembly session for discussing and giving opinions on projects, schemes and reports before submitting them to the National Assembly.

Besides, to include wages of full-time National Assembly deputies, expenses for activities remuneration for participation in activities of the National Assembly, and other allowances and regimes for National Assembly deputies in association with the National Assembly’s activities into the operation funds of the National Assembly.

This Law takes effect on January 01, 2021.

Ü JUSTICE

TO ADJUST THE TIME FOR SUBMITTING THE DRAFT LAW
ON EMULATION AND COMMENDATION LAW (AMENDED)
TO OCTOBER 2021

On June 10, 2020, the National Assembly issues the Resolution No. 106/2020/QH14 on promulgating the law and ordinance making program for 2021, amending the law and ordinance making program for 2020.

Specifically, to adjust the law and ordinance making program for 2020 as follows:

Firstly, to add the following projects and drafts to the law and ordinance making program for 2020: The Law on Road Traffic (amended); The Law on Drug Prevention and Control (amended); The Law on Amending and Supplementing a Number of Articles of the Law on Trade Union; The National Assembly’s Resolution on participating the United Nations Peacekeeping; The Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution (amended).

 

Secondly, to adjust the time for submission of the draft Law on Emulation and Commendation Law (amended) from the 10th session of the 14th National Assembly (October 2020) to the 2nd session of the 15th National Assembly (October 2021).

In addition, the law and ordinance making program for 2021 also submits the National Assembly to approve the Resolution on the law and ordinance making program for 2022; the Law on Mobile Police and the Law on Cinematography (amended), etc.

This Resolution takes effect on June 10, 2020.

 

 

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: cskh@luatvietnam.vn. Customers can study all information on LuatVietnam service via address: english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82, Duy Tan Street, Cau Giay District, Hanoi. Tel: 0938 36 1919
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (
028) 399 507 24 - Fax: (028) 399 507 27
Email: cskh@luatvietnam.vn

 

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html . You will receive the final confirmation before un-list your email address in our system.