Ats law bulletin may.2020

LAW BULLETIN
ATS LAW FIRM
Hanoi office
10th Floor, Dao Duy Anh Tower, 9 Dao Duy Anh, Dong Da, Hanoi
Tel: +84-24-3751-1888
Website: www.atslegal.vn
Ho Chi Minh Office
4th FLoor, 67 Nguyen Thi Minh Khai, District 1, Ho Chi Minh CIty
Tel: + 84-28-3520-7764
Email: partners@atslegal.vn
MAY 2020

2
W E L C O M E
WORDS FROM MISS HA
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V U T H I T H U H A

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INDEX
M o n t h l y U p d a t e s
4
1. Labor - Salary
- - To strive that 100% of people suffering from labor
accident shall be given first aid at the workplace.
2. Land - Housing
- The government approves the task of formulating the
national master plan
3. Tax – Fee – Charge
- From July 01, charge for the use of terrestrial mobile
network subscription (m2m) is VND 800/number
- From 2021, minimum environmental protection charge for
industrial wastewater is VND 2.5 million per year
- To reduce 50% many charge in securities sector from May
07 to December 31, 2020
- To reduce 50% of many fee and charge rates in the field
of construction
- The charge for exploiting and using data on environment
is up to VND 9.145 million

INDEX
M o n t h l y u p d a t e
4. Invesment
- The action program for improving the efficiency of
foreign investment cooperation by 2030
- From June 15, the area of an 18 holes standard golf
course must not exceed 90 hectares
5. Export – Import
- Goods must be imported across the land border at
international/main border gates
6. Finance – Banking
- To refinance VND 16 trillion with interest rate of 0%
to support people affected by the COVID-19
7. Commerce
- From 2020-3025, to cut and simplify at least 20% of
regulations on business activities

The Prime Minister
promulgates the Decision No.
659/QD-TTg on approving the
Program on care and
improvement of employees’
health and occupational
disease prevention in the
2020 - 2030 period on May
20, 2020.
Accordingly, the Prime
Minister approves the
Program on care and
improvement of employees’
health with the targets that
100% of people suffering
from labor accidents and
occupational diseases shall
be given first aid at the
workplace, examined, treated
and rehabilitated. By 2025,
100% of employees exposing
to asbestos shall be managed
health, the examination of
occupational diseases; 100%
of the labor facilities
shall be consulted about
noninfectious diseases, take
measures to improve health,
etc.
The Program shall be carried
out nationwide from 2020 to
2030; priority should be
given to small and medium-
sized labor facilities,
agricultural areas, trade
villages, female employees,
elderly employees and
employees without labor
contracts, etc. In addition,
the Prime Minister also
provides a number of
solutions to effectively
implement the Program such
as: To invest and upgrade
equipment, facilities and
human resources for the
health monitoring,
treatment, assessment and;
to expand the effective
models of prevention and
control of infectious
diseases, etc.
Decision No. 659/QD-TTg
LABOR - SALARY
To strive that 100% of people suffering from labor accident shall be given first aid at
the workplace
 Back to
index

On May 12, 2020, the
Government issues the
Resolution No. 67/NQ-CP on
approving the task of
formulating the national
master plan on land use for
the 2021-2030 period, with a
vision toward 2050.
In accordance with this
Resolution, national master
plan on land use for the
2021-2030 period, with a
vision toward 2050 and the
national land use plan for
05 years (from 2021 - 2025)
shall be implemented on the
whole natural land area of
the country.
With the viewpoint that land
is a special natural
resource of the country, the
master plan aims to
concretize the national
overall master plan on
distribution and zoning of
land areas for sectors and
localities; use land
properly, economically and
effectively; protect the
eco-environment, prevent and
combat natural disasters,
adapt to climate change, and
ensure sustainable
development with a view to
tapping to the utmost land
potential and resources,
meeting industrialization
and modernization
requirements, restructuring
the economy, ensuring
national food security and
achievement of socio-
economic development,
national defense and
security objectives of the
country.
The Government requests that
the time limit for
formulating the Master Plan
is 30 months from the date
of approval of the task of
formulating the master plan
Resolution No. 67/NQ-CP
LAND - HOUSING
The government approves the task of formulating the
national master plan
 Back to
index

TAX – FEE – CHARGE
From July 01, charge
for the use of
terrestrial mobile
network subscription
(m2m) is VND
800/number
On May 04, 2020, the Ministry of
Finance issues the Circular No.
32/2020/TT-BTC on amending and
supplementing a number of Articles of
the Circular No. 268/2016/TT-BTC dated
November 14, 2016 on providing the
rates, collection, remittance,
management and use of allocation fees
and charges for the code and
telecommunications digital usage.
To be specific: Charge and fee
collector may retain 35% (as in the
previous provision, it was 45%) of the
collected charges for the code and
telecommunications digital usage to pay
the costs serving the organization and
collection according to the
Government’s Decree No. 120/2016ND-CP
dated August 23, 2016 on detailing and
guiding the implementation of a number
of Articles of the Law on Charges and
subsections of the applicable State
Budget Index.
In addition, the Ministry of Finance
also adds regulations on the charge for
the use of terrestrial mobile network
subscription (M2M) of VND 800/number.
Other charge such as fixed terrestrial
telephone network subscription,
terrestrial mobile network
subscription, fixed satellite network
subscription and IP Phone subscription
retain the same rates as in previous
provisions.
.
Circular No. 32/2020/TT-BTC
---------------------------------------
--------------------------
From 2021, minimum
environmental
protection charge for
industrial wastewater
is VND 2.5 million
per year
On May 05, 2020, the Government
To be specific: For residential
wastewater, the environmental
protection charge rate is 10% of the
selling price, exclusive of value-added
tax, per m3 (cubic meter) of clean
water. In case of necessary to set a
higher price, the provincial-level or
municipal cities People’s Councils may
set a higher charge rate for each
specific charge-liable subject.
Firstly, in 2020, the charge rate is
VND 1.5 million.
Secondly, from January 01, 2021, the
charge shall be specific as follow:
Establishment has the average
wastewater flow of 10 - 20 m3 per day
shall be applied the charge of VND 04
million per year; average flow from 5 -
10 m3 per day shall be applied the
charge of VND 03 million per year;
average flow under 5 m3 per day shall
be applied the charge of VND 2.5
million per year.
This Circular takes effect on July 01,
2020
Decree No. 53/2020/ND-CP
 Back to
index

To reduce 50% many
charge in
securities sector
from May 07 to
December 31, 2020
On May 07, 2020, the Ministry of
Finance promulgates the Circular No.
37/2020/TT-BTC on collection and
remittance rate of charge and fee in
securities sector.
To be specific, from May 07, 2020 to
the end of December 31, 2020, pay
charge and fee equal to 50% of the
rate of the collection rate of
charge and fee as prescribed in the
Table of collection rate of charge
and fee in securities sector
attached to the Circular No.
272/2016/TT-BTC.
For the charge rate of granting,
changing, renewing the certificate
of practicing securities for
individual practicing securities in
securities company, company on
company and securities operation
supervision charge shall be
implemented as prescribed in the
272/2016/TT-BTC.
From January 01, 2021, the charge
and fee in securities sector shall
be implemented as prescribed in the
272/2016/TT-BTC.
This Decree takes effect from May,
07, 2020, until the end of December
31, 2020.
------------------------------------
-----------------------
To reduce 50% of
many fee and charge
rates in the field
The Ministry of Finance issues the
Circular No. 34/2020/TT-BTC on
prescribing the rates and remittance
of fees and charges in the field of
construction on May 05, 2020.
Accordingly, from May 05, 2020 to
December 31, 2020, organizations and
individuals may only pay 50% of the
prescribed fee and charge rates when
being granted construction capacity
certificates, construction practice
certificates by the competent State
agency shall pay the fee as follows
and appraised the construction
investment projects, projects’
baseline design, technical design
and construction cost estimate. From
January 01, 2021, the fee and charge
rates specified in the current
regulations shall be applied
normally.
This Circular takes effect from May
05, 2020, until the end of December
31, 2020
 Back to
index

To reduce 50% of
fees for issuance
of bank
establishment
license from May 05
until December 31
The Ministry of Finance issues the
Circular No. 33/2020/TT-BTC on
providing for fees for issuance of
licenses for establishment and
operation of banks and non-bank
credit institutions and the
remittance thereof on May 05, 2020.
To be specific: Organizations
granted bank and/or non-bank credit
institution establishment and
operation licenses by the competent
State agency shall remit fees as
follows:
From May 05, 2020 until the end of
December 31, 2020, the fee rates to
be remitted are equal 50% of the fee
rates specified in Points a and b,
Section 1 of the fee Schedule as
prescribed in Clause 1, Article 4 of
the Circular No. 150/2016/TT-BTC.
Concurrently, during the effective
establishment and operation of banks
and non-bank credit institutions as
the Circular No. 150/2016/TT-BTC
shall not be applied.
From January 01, 2021, the fee rates
for issuance of licenses for
establishment and operation of banks
and non-bank credit institutions as
the Circular No. 150/2016/TT-BTC
shall be applied as before.
------------------------------------
-----------------------
The charge for
exploiting and
using data on
environment is up
to VND 9.145
million
On April 10, 2020, the Ministry of
Finance issues the Circular No.
charges for exploiting and using
data on environment.
Accordingly, the charge rates for
exploiting and using data on
environment ranges from VND 12,000 -
VND 9,145,000. The highest rate is
VND 9,145 million, applied to the
exploitation and use of database of
environment thematic of 1/250,000;
1/500,000; 1/1,000,000 scale. The
lowest rate is VND 12,000, applied
to organization and individual
exploiting meteorological parameters
of automatic continuous fixed
monitoring station.
Charge payers shall directly remit
charges to the charge collectors or
remit into the charge collectors’
accounts of charges to be remitted
into the state budget, opened at the
State Treasury. In addition,
individuals and organizations may
remit charges in the mode of non-
cash payment. By the 5th every month
at the latest, charge collectors
shall deposit the charge amounts
collected in the previous month into
an account of charges and charges to
be remitted into the state budget.
This Circular takes effect on May
26, 2020
 Back to
index

INVESMENT
The action program
for improving the
efficiency of foreign
investment
cooperation by 2030
On April 27, 2020, the Government
issues the Resolution No. 58/NQ-CP on
the Action Program of the Government on
implementation of the Resolution No.
50-NQ/TW dated August 20, 2019 of the
Politburo on the orientations for
completing institutions and policies,
and improving the quality and
efficiency of foreign investment
cooperation by 2030.
To be specific, to achieve the
objectives stipulated in the Resolution
No. 50-NQ/TW of the XIIth Section, in
the future, besides the regular tasks,
the ministries, ministerial agencies,
Government attached agencies, provinces
and centrally run cities’ People's
Committees should concretize and
organize the implementation of the
following tasks:
Firstly, the Ministry of Planning and
Investment shall study and supplement
regulations on "conditions on national
defense and security" in the process of
considering and granting investment
registration certificates (or documents
investment projects and the process of
reviewing and approving investment
activities through the form of capital
contribution, share and capital
contribution purchase. The Ministry
shall study and develop regulations on
overcoming the situation of "thin
capital", investment in "underground"
and investment in "hiding".
Secondly, the Government assigns the
Ministry of Finance to preside and
coordinate with the Ministries and
agencies to study and guide the
implementation of the Law on Tax
Administration and amend and supplement
regulations on preventing price
transfer of tax administration. In
addition, the Ministry of Industry and
Trade shall preside on perfecting
regulation on anti-monopoly in
accordance with international
practices.
---------------------------------------
--------------------------
From june 15, the
area of an 18 holes
standard golf course
must not exceed 90
hectares
On April 27, 2020, the Government
issues the Decree No. 52/2020/ND-CP on
investment for construction and
commercial operation of golf course.
To be specific, the area of a standard
golf course (18 holes) must not exceed
90 hectares (on average, not more than
5 hectares per hole); the area of a
golf course project being built for the
first time must not exceed 270 ha (for
54 holes). In addition, investor must
complete the construction of the golf
course within 36 months (for an 18 hole
golf course) or within 48 months (for
other golf courses) from the date of
land lease decision.
The project on Golf course in a midland
and mountainous region shall be allowed
to use no more than 05 hectares of
single crop land, the construction site
must be dispersed and must meet the
conditions for protection and
development of rice land, conditions
for land lease and change of land use
purpose in accordance with the land
law.
This Decree takes effect on June 15,
2020
 Back to
index

EXPORT - IMPORT
To abolish the
regulation on
export licensing to
medical masks
This content is prescribed by the
Government in the Resolution No.
60/NQ-CP dated April 29, 2020 on the
export of medical masks amid the
COVID-19 prevention and control
period.
Accordingly, the Government decides
to abolish the regulation on
applying the export licensing regime
to medical masks according to the
Government’s Resolution No. 20/NQ-CP
dated February 28, 2020.
Based on the pandemic evolution and
the needs of medical masks in the
country, the Ministry of Health
reports the Prime Minister to
consider and decide appropriate
management measures to ensure
sufficient supply for the domestic
pandemic prevention and control as
prescribed by law.
The Government assigns the Ministry
of Health and Ministry of Industry
and Trade to publicize the list of
medical mask producers and their
production capacity. The Ministry of
Finance is assigned to publicize the
list of mask exporters and their
export volumes. The Ministry of
Industry and Trade is assigned to
strengthen inspection, prevention
and strictly handle establishments
with unreasonable price increases in
material prices, speculation in the
hoarding of masks and manufacture of
non-compliant medical masks.
The exporting businesses shall bear
all responsibilities for the quality
of their products and commit to
selling medical masks to health
establishments upon request
------------------------------------
-----------------------
Goods must be
imported across the
land border at
international/main
border gates
On May 14/2020, the Ministry of
Industry and Trade promulgates the
Circular No. 09/2020/TT-BCT on
providing the roadmap for the
application of import and export
border gates to goods temporarily
imported for re-export, border-gate
transfer business and goods
deposited in bonded warehouse.
Accordingly, if temporary import for
re-export and border-gate transfer
goods are imported into or re-
exported from Vietnam across the
land border, then, such import or
re-export shall only be carried out
through international border gates
and main border gates (bilateral
border gates) opened in accordance
with the Decree No. 112/2014/ND-CP.
This provision shall be applied to
foreign goods temporarily imported
for re-export to be sent to bonded
warehouses if such goods are
imported into or re-exported from
Vietnam across the land border.
This Circular takes effect on June
30, 2020. The above provision shall
be applied from 00:00 on January 01,
2021
Circular No. 09/2020/TT-BCT
 Back to
index

On May 07, 2020, the State
Bank of Vietnam issues the
Circular No. 05/2020/TT-NHNN
on loan refinancing for
Vietnam Bank for Social
Policies according to the
Prime Minister’s Decision
No. 15/2020/QD-TTg on
providing regulations on the
implementation of policies
to support people facing
difficulties due to the
COVID-19 pandemic.
Specifically, the maximum
amount of refinancing is VND
16,000 billion and the
refinancing interest rate is
0% per year. After the
refinancing expiration date,
the interest rate shall be
0% per year.
Noticeably, the duration of
refinancing is 364 days,
from the next day of the
date on which the State Bank
disburses the loan
refinancing for the Vietnam
Bank for Social Policies.
The duration of refinancing
starts from the date of
signing in the first debt
agreement until the end of
July 31, 2020.
In addition, the State Bank
shall refinance for the
Vietnam Bank for Social
Policies without requiring
for collaterals.
This Circular takes effect
on May 07, 2020
Circular No. 05/2020/TT-
NHNN
FINANCE – BANKING
To refinance VND 16 trillion with interest rate of 0% to support people
affected by the COVID-19
 Back to
index

On May 12, 2020, the
Government issues the
Resolution No. 68/NQ-CP on
promulgating a Program to
cut and simplify regulations
related to business
activities in the period of
2020 - 2025.
Accordingly, the Government
targets to cut and simplify
at least 20% of existing
regulations as well as 20%
of the cost of compliance
with regulations relating to
business activities in
currently effective
documents until the end of
May 31, 2020, which are
listed and calculated
(calculate the cost of
compliance and first
publish) by the ministries
and agencies (before October
31, 2020) in the 2020 - 2025
period. At the same time, to
minimize the number of
current documents with
regulations related to
business activities and
strictly control the
promulgation of documents
with regulations related to
business activities.
To achieve the above-
mentioned targets, the
Government sets some key
solutions as follows: To
annually implement the Plan
on cutting and simplifying
regulations related to the
business activities; to
regularly update regulations
related to business
activities that are amended,
supplemented, replaced, and
abolished; to receive,
collect and summarize all
enterprises and people’s
feedbacks, recommendations
and opinions on unreasonable
regulations…
This Resolution takes effect
on the signing date.
COMMERCE
From 2020-3025, to cut and simplify at least 20% of regulations on
business activities
 Back to
index

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ATS LAW FIRM
Hanoi office
10th Floor, Dao Duy Anh Tower, 9 Dao Duy Anh, Dong Da, Hanoi
Tel: +84-24-3751-1888
Website: www.atslegal.vn
Ho Chi Minh Office
4th FLoor, 67 Nguyen Thi Minh Khai, District 1, Ho Chi Minh CIty
Tel: + 84-28-3520-7764
Email: partners@atslegal.vn

Ats law bulletin may.2020

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