LEGAL UPDATES VOL 30, DECEMBER 2021

LEGAL UPDATES
VOL 30, DECEMBER 2021

Dear Valued Clients and Partners,

ADK Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 30 of December 2021 with new legal provisions with notable contents as follows:

1. The Minister of Health issuing the "Vaccine Passport" Form and Procedure.

On December 20, 2021, the Minister of Health issued Decision No. 5772/QD-BYT on Forms and Procedures for the issuance of “Vaccine Passports”.

According to the Decision, the “Vaccine Passport” will include the following information: Full name; Birthdate; Nationality; The disease mentioned by the certification; Number of received doses; Date of injection; Dose No.; Vaccine; Vaccine product; Vaccine supplier or manufacturer; Certificate number. This information will be digitally signed, encrypted and packaged as a 2D QR code. Information about full name and date of birth will be incorporated with other identification documents such as ID card, or passport to help identify the owner.

The information about the disease mentioned by the certificate, vaccine, type of vaccine and vaccine supplier or manufacturer will be displayed in correspondence with the updated WHO “COVID-19 vaccine tracker and landscape” document on the Portal. WHO electronic information and “Value Sets for EU Digital COVID Certificates” issued by the European Union (EU). The QR code will expire in 12 months from the date of generalization.

The process of issuing a “Vaccine Passport” is detailed as the following diagram:

2. The Minister of Finance amending the list of periodical reporting regimes in terms of insurance business under the management of the Ministry of Finance.

Decision No. 2460/QD-BTC issued by the Ministry of Finance and takes effect from December 17, 2021. Attached to this Decision are 02 periodic reporting regimes which are amended and supplemented with 02 reporting forms (ordinal numbers 46 and 48) and 01 abolished periodical reporting regimes (ordinal number 47) in Appendix 06 issued together with Decision No. 1898/QD-BTC dated September 25, 2019 of the Ministry of Finance, announcing the list of periodical reporting regimes subject to management functions of the Ministry of Finance.

Specifically, the 02 revised and supplemented, periodic reporting regimes are Report on revenue from compulsory fire and explosion insurance compensation (annually); and Report on collection and payment from compulsory fire and explosion insurance for fire prevention and fighting activities (every 6 months). The abolished reporting regime is the Report on the business result of compulsory fire and explosion insurance.

3. The new Law on Environmental Protection will allow facilities collecting and transporting domestic solid waste to refuse to collect and transport households and individuals’ domestic solid waste that is not classified or contained in inappropriate packages.

The Law on Environmental Protection was promulgated on 17 November 2020 and will take effect from 1 January 2022. Article 77.2 of the new Law on Environmental Protection will enable facilities collecting and transporting domestic solid waste to be entitled to refuse to collect and transport households and individuals’ domestic solid waste that is not classified or contained in inappropriate packages and notify competent authorities as prescribed by law, except for the case where households and individuals use packages intended for other domestic solid waste.

According to the Law, domestic waste generated by households and individuals is classified as:

a) Reusable and recyclable solid waste;

b) Food waste;

c) Other domestic solid waste.

The more detailed classification will be decided by the Provincial People's Committee under the guidance of the Ministry of Natural Resources and Environment.

We hope you found this brief legal update informative.

Kind regards.

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