Legal answers

Procedures for temporary import of automobile and motorcycle

Answered

On April 19th, 2021, the Ministry of Finance issued Circular No. 27/2021/TT-BTC amending and supplementing a number of articles in Circular No. Circular No. 19/2014/TT-BTC dated February 11th, 2014 of the Minister of Finance stipulating procedures for temporary import, re-export, destruction, and transfer of automobiles, two-wheeled motorbikes of who are subject to privileges and immunities in Vietnam.

Accordingly, the procedures for temporary import of the latest automobiles and motorbikes are carried out as follows:

Implemented at the border gate Customs Sub-Department
The Sub-Department of Customs where the procedures for temporary import are carried out is responsible for checking and comparing information on temporary import papers and customs declarations with actual goods. In case the imported goods are different from the contents on the temporary import paper, the adjustment shall be made; the time limit for adjustment shall not exceed 05 working days from the date on which the Customs Department of the province or city receives all information and dossiers.
The Sub-department of Customs that carries out procedures for temporary import shall only grant customs clearance for temporarily imported vehicles when there is a certificate of quality, technical safety, and environmental protection for imported motor vehicles/motorcycles and motorcycles and has been completed customs clearance.
The director of the Sub-department of Customs where the procedures for temporary import are carried out shall certify the results of the procedures in 02 copies of the temporary import papers for cars and motorcycles and return 01 copy to the customs declarant;

If paper customs procedures are carried out, the Sub-department of Customs shall certify the customs clearance on 03 declarations:

Return to the declarant 01 customs declaration with clearance certification and 01 customs declaration with the stamp “used” for re-export or transfer or destruction of automobiles and motorcycles in accordance with law”;
Save 01 customs declaration.

This Circular is effective as of June 2, 2021

Tighten management and handle violations of Karaoke and Disco business from June 1, 2021

Answered

On March 29, 2021, the Government issued Decree 38/2021/ND-CP providing for penalties for administrative violations in the field of culture and advertising (“Decree 38”).

Decree 38 has added regulations to increase the sanction level, apply additional sanctioning forms, and take remedial measures for violations of Karaoke and Disco services regulations. Thereby to deterrence and correct the limitations of this type of service. Decree 38 replaces the corresponding regulations in Decree No. 158/2013/ND-CP and Decree No. 28/2017/ND-CP.

Here are some new regulations in Decree 38 to tighten the management and strongly handle Karaoke and Disco business violations.

Increasing the level of fines for violations, specifically:

A fine of up to VND 10,000,000 for the following acts: Not wearing the uniform or not wearing the nameplate provided by the employer; Untruthful declaration in the application file for a license to be eligible for Karaoke, Disco service…
A fine ranging from VND 10,000,000 to VND 20,000,000 for the following acts: Providing Disco services to persons under 18 years of age; Business Karaoke services outside the period from 8 hours to 24 hours per day; Correcting, erasing, or adding to change the content of the license for Karaoke and Disco services; Business Disco services at locations less than 200 meters from schools, hospitals, religious establishments, historical and cultural relics…
A fine ranging from VND 20,000,000 to VND 30,000,000 for the following acts: Trading in Karaoke services without a license; Using the license eligible for Karaoke service business of other organizations or individuals for business; ….

Applying additional sanctions: Deprivation of the right to use the license to fully satisfy the conditions for doing business in Karaoke, Disco services from 18 months to 24 months; Confiscation of violation exhibits.
Application of remedial measures: Forced revocation of the license to fully satisfy the conditions doing business in Karaoke, Disco services; Forced return of illegal profits obtained from committing violations.

In general, the new regulations in Decree 38 are more deterrent than the previous ones. This is considered appropriate and necessary to correct the operation of various Karaoke and Disco services, which are evolving very complicatedly in the current context.

Decree 38 takes effect from June 1, 2021.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany The Esteemed Readers!

Policy for emergency support for union members and employees affected by Covid – 19

Answered

On May 19, 2021, the Vietnam General Confederation of Labor issued Decision No. 2606/QD-TLD on emergency support for union members and employees affected by the Covid-19 epidemic, Accordingly, the beneficiaries of supporting will include:

The force serving the frontline against the epidemic includes medical facilities, field hospitals, concentrated isolation areas, the support level is from 10 million VND to 50 million VND/unit.
Union members; Employees in the area with labor relations (including enterprises, units without a trade union) who are F0, being treated for illness and do not violate the provisions of the law on epidemic prevention and control will receive maximum support is 3 million VND/person.
Union members are cadres, civil servants, and public employees; Union members; Employees (at enterprises, agencies and units with union contributions) who are F1 must undergo medical isolation for 21 days at a concentrated isolation place under a decision of a competent state agency; Not applicable to the form of isolation at home, accommodation, businesses, not violating the provisions of the law on epidemic prevention and control, the maximum support level is 1.5 million VND/person.
Having a decision to apply medical isolation at home at the request of a competent state agency, in difficult circumstances; Pregnant female employees, employees raising children under 6 years old, employees forced to quit their jobs because they are residing in blocked areas at the request of competent state agencies, the maximum support level is 500,000 VND/person.
Other special cases that need support: assign the Standing Committee of the Confederation of Labor in the province or city; Trade Union at the central level and equivalent; Trade unions of corporations under the General Confederation; The immediate superior trade union at the grassroots level will actively consider and decide according to its competence, in accordance with the actual situation, requirements for epidemic prevention and control, and the ability to balance the trade union’s finances in the locality. In which, the level of support does not exceed the corresponding provisions mentioned above; report the results to the General Confederation.

This Decision takes effect from the date of issue.

Conditions for application of Preferential export tax rates and Special preferential export tax rates by UKVFTA Agreement

Answered

On May 21st, 2021, the Government issued Decree 53/2021/ND-CP on preferential export tariff Vietnam’s special preferential export tariff schedule for the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland in the 2021-2021 period.

Accordingly, this Decree stipulates the conditions for applying preferential export tax rates and special preferential export tax rates under the UKVFTA Agreement, specifically as follows:

Preferential export tax rates

Exported goods from Vietnam to apply the preferential export tax rates specified in Appendix I to this Decree must satisfy the following conditions:

They are imported to the United Kingdom of Great Britain and Northern Ireland.
They are supported by transport documents (copies) on which the country of destination is the United Kingdom of Great Britain and Northern Ireland.
There are import declarations proving that goods are exported from Vietnam to the United Kingdom of Great Britain (copy and translation in English or Vietnamese in case the language used on the declaration is not English).

Special preferential export tax rates

Imported goods eligible for special preferential import tax rates under the UKVFTA Agreement must fully satisfy the following conditions:

They are included in the special preferential import tariff schedule in Appendix II enclosed herewith.
They are imported to Vietnam from:

a) The United Kingdom of Great Britain and Northern Ireland; or
b) The Socialist Republic of Vietnam (goods imported from free trade zones to the domestic market).

Meet the regulations on origin of goods and have proof of origin according to the provisions of the UKVFTA Agreement.

This Decree takes effect from the date of issue.

Sanctions for violations of advertising on billboards, banners, and advertising screens

Answered

On March 29, 2021, the Government issued Decree No. 38/2021/ND-CP stipulating penalties for administrative violations in the field of culture and advertising.

Accordingly, this Decree has several new regulations on sanctioning for acts of violating advertising on billboards, banners, specialized advertising screens, specifically as follows:

For acts of “Incorrect notification of advertising content on billboards and banners to the competent state agency where the advertisement is performed” has increased the fine from 5,000,000 VND to 10,000,000 VND (compared to the regulations of the Government). Previously, this act was only fined from VND 1,000,000 to VND 2,000,000).
The additional sanction for the act of “Not dismantling billboards and banners that are torn, torn or unsightly“: from VND 2,000,000 to VND 5,000,000.
The additional sanction for the act of “Failing to notify about advertising content, time, location, number of billboards and banners“: from VND 10,000,000 to VND 15,000,000.

This Decree takes effect from June 1, 2021.

From June 1, 2021, National Insurance Database officially deployed in Vietnam

Answered

Pursuant to the Government’s Resolution 71/NQ-CP 2020 issued on May 14, 2020 on the approval of the proposal to develop a Decree regulating the National Insurance Database, dated March 31, 2021 The Government has officially issued Decree 43/2021/ND-CP regulating the National Insurance Database (“Decree 43”). The following are notable points in Decree 43:

Decree 43 creates a legal framework for the National Insurance Database (“Database”):

Since June 1, 2021, the National Insurance Database has officially been deployed in Vietnam. Here are the two main contents of the Insurance Database specified in Decree 43:

Firstly: The Database is the national database that stores information on social insurance, health insurance, unemployment insurance and information on health and social security that is recognized by competent authorities and ensures the rights and obligations of citizen insurance.
Secondly: The Database is the Government’s database built uniformly across the country, shared by agencies, organizations and individuals; in order to provide accurate and timely insurance information; according to it serves the state management, meets the requirements of socio-economic development and the legitimate requirements of agencies, organizations and individuals.

2. Expectations for Decree No. 43:

Firstly: Decree No. 43 can create a legal basis for the construction, collection, update, maintenance, exploitation, use and management of the Database;
Secondly: The Database will be a practical tool for state management, organizing the implementation of social insurance, health insurance and unemployment insurance policies, and at the same time meeting the needs of agencies, organizations and individuals.
Thirdly: The Database contributes to promoting administrative procedure reform; Strong application of information technology, providing online public services in the field of social insurance, is one of the important foundations in building an e-Government, towards a government that creates, serves, and benefits the people and businesses.

Decree 43 takes effect from June 1, 2021.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany with The Esteemed Readers!

Legal News No. 05/2021

Answered

Types and scope of transactions allowed to transaction between credit institutions operating foreign exchange

Answered

On March 31th, 2021, the State Bank of Vietnam issued Circular No. 02/2021/TT-NHNN instructs foreign currency transactions on the foreign currency market by credit institutions licensed to conduct foreign exchange operations.

Accordingly, this Circular prescribes the type and scope of transactions permitted for transactions between credit institutions engaging in foreign exchange transactions:

Credit institutions are allowed to conduct spot transactions, period transactions, swap transactions, option transactions with other authorized credit institutions.
Credit institutions are allowed to conduct spot transactions, period transactions, swap transactions, sale option transactions with economic organizations.
Credit institutions are allowed to conduct spot transactions and period transactions with residents being other organizations and individuals.
Credit institutions are allowed to conduct spot transactions with non-residents being organizations and individuals and term sale foreign currency transactions with non-residents.
Credit institutions are allowed to conduct sale foreign currency transactions with non-residents being foreign investors owning Government bonds issued in Vietnam Dong in the domestic market to prevent exchange rate risk for an investor’s investment bond.

This document takes effect from May 17, 2021.

New regulations governing educational activities

Answered

On March 19, 2021, the Government issued Decree 23/2021/ND-CP guiding Clause 3, Article 37 and Article 39 of the Law on Employment regarding employment service centers and employment service enterprises (“Decree 23”).

In order to guide the Education Law 2019, on March 23, 2021, the Government issued Decree 24/2021/ND-CP regulating the management in preschool and public general education institutions. (“Decree 24“).

Accordingly, Articles 5, 6 and 7 of Decree 24 have new regulations on the management of educational activities, specifically as follows:

For enrollment activities:

– The educational institution enrolls according to the requirements of universal preschool education for children 5 years old, compulsory education for primary education, requests the universalization of lower secondary education according to regulations of the Law.

– The educational institution is free to determine the enrollment method, the enrollment quota, the enrollment subject, and the enrollment area.

2. Organize educational activities

– Educational institutions may decide on the methods and forms of organizing educational activities to meet the objectives and requirements of the educational program, ensuring quality and efficiency.

– Educational institutions are actively linked with higher education institutions, research institutions, vocational education institutions, businesses, business households, organizations, individuals and students’ families => to organize educational activities in accordance with local conditions as prescribed by law.

3 . Financial, assets, organizational structure and staffing management

– The management of finance, assets, organizational structure and personnel in educational institutions must comply with relevant laws.

– Educational institutions can receive sponsorship from organizations and individuals to improve the quality of education and develop schools to ensure clearly the purpose of funding and use the funding sources for the right purposes, publicly, transparency in accordance with the law.

– The rates of revenues for services and support of non-tuition education activities to meet the needs of learners comply with the resolution of the provincial People’s Council on the basis of the proposal of the Provincial People’s Committee in accordance with local practical conditions.

Decree 24 takes effect from May 15, 2021.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany with The Esteemed Readers!

New regulations on licensing conditions for employment services

Answered

Accordingly, Article 14 of Decree 23 has changed the conditions for granting an Employment Service License (“License“), including 3 main groups of conditions, as follows:

Having a location for the head office or branch for the employment service organization to be owned by the enterprise or leased stably under a contract of 03 years (36 months) or more.
The enterprise made a deposit of VND 300,000,000 (Three hundred million VND).
The legal representative of an enterprise providing employment services must satisfy the following conditions:

Be an enterprise manager in accordance with the Law on Enterprises;
Not falling into one of the following cases: being examined for penal liability, being detained, serving a prison sentence, serving an administrative handling measure at a compulsory detoxification establishment or a forced education institution, escaping from residence, having limited or incapable of civil acts, having difficulty in understanding, mastering acts, being banned by court from holding positions, banned from practicing or doing work related to employment services;

4. Possessing a university or higher degree or having worked directly as a professional or managing employment services or providing labor for 02 years (24 months) or more within 05 consecutive years before applying for licensing.

Decree 23 replaces the corresponding provisions on licensing conditions at:

– Decree No. 52/2014/ND-CP regulating conditions and procedures for licensing employment service activities of employment service enterprises.

– Articles 10 and 12 of Decree No. 140/2018/ND-CP amending and supplementing Decrees related to business investment conditions and administrative procedures under the state management scope of the Ministry of Labor – Invalids and Social Affairs.

Decree 23 takes effect from June 1, 2021.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany with The Esteemed Readers!