LEGAL UPDATES
VOL 35, FEBRUARY 2022
Dear Valued Clients and Partners,
ADK Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 35 of February 2022 with new legal provisions with notable contents as follows:
1. National Assembly issues Law No. 03/2022/QH15 amending and supplementing a number of articles of the Law on Investment, the Law on Enterprises and a number of other laws
On January 11, 2022, the National Assembly issued the Law No. 03/2022/QH15 amending and supplementing a number of articles of the Law on Public Investment, the Law on Investment in the form of public-private partnership, the Law on Investment, and the Law on Housing, Law on Bidding, Law on Electricity, Law on Enterprises, Law on Special Consumption Tax and Law on Civil Judgment Execution.
Accordingly, this Law amends and supplements a number of notable contents as follows:
(i) For the Investment Law 2020: Supplementing the business lines of network security products and services (excluding trading in network information security products and services; trading in civil cryptography products and services) to the list of conditional business lines and industries;
(ii) For the Enterprise Law 2020: Amend the titles of Articles 49 and 50 from rights and obligations of “members of the board of members” to “members of the company”;
(iii) For the Law on Special Consumption Tax 2008: Amending and supplementing special consumption tax rates for electric cars (point g, Clause 4, Section I of the Special Consumption Tax Tariff in Article 7 of Law on Special Consumption Tax 2008), specifically as follows:
- Adjust the tax rate for passenger cars with 9 seats or less from 25% to:
+ 3% (From March 1, 2022 to the end of February 28, 2027) and 11% (From March 1, 2027) for battery electric cars;
+ 15% for other electric cars.
- Adjust the tax rate for passenger cars from 10 to under 16 seats from 15% to:
+ 2% (From March 1, 2022 to the end of February 28, 2027) and 7% (From March 1, 2027) for battery electric cars;
+ 10% for other electric cars.
- Adjusting the tax rate for passenger cars from 16 to under 24 seats from 10% to:
+ 1% (From March 1, 2022 to the end of February 28, 2027) and 4% (From March 1, 2027) for battery electric cars;
+ 5% for other electric cars.
- Adjusting the tax rate for cars of both passenger and cargo transport from 10% to:
+ 2% (From March 1, 2022 to the end of February 28, 2027) and 7% (From March 1, 2027) for battery electric cars;
+ 10% for other electric cars.
(iv) For the Bidding Law 2013: Supplement regulations on pre-implementation activities for projects using official development assistance funds or concessional loans in Article 33 of the Law on Bidding 2013;
(v) For the Law on Housing 2014: Amending regulations on legal land use rights in Clause 1, Article 23 of the Law on Housing 2014;
(vi) For the Law on Civil Judgment Execution: Amending and supplementing a number of regulations on entrustment of judgment enforcement and entrustment for handling of assets.
Law No. 03/2022/QH15 will take effect from March 1, 2022.
2. Eliminating the requirement to have a certificate of full dose of COVID-19 vaccine or a certificate of recovery or negative test on regular domestic passenger flights
On January 21, 2022, the Ministry of Transport issued Official Letter No. 682/BGTVT-VT on standards and conditions of passengers and flight crew on regular domestic passenger flights.
Accordingly, the conditions for passengers to join domestic flights are as follows:
(i) Having a negative test result for SARS-CoV-2 by RT-PCR or rapid antigen test valid within 72 hours from the time of sample collection to the time of departure fly in the following cases:
- Passengers residing or staying before the flight in an epidemic area at level 4 or in regional medical isolation (blockade).
- Passengers on flights departing from epidemic areas at level 4 or in regional medical isolation (blockade).
(ii) Other conditions:
- Passengers must make medical declarations according to regulations, use the PC-COVID application, take responsibility for the truthfulness of the declared information;
- Passengers are not allowed to join the flight when they have symptoms of cough, fever, shortness of breath, muscle aches, sore throat, loss of taste....
Thus, for passengers who do not reside in areas with level 4 epidemics, the Ministry has removed the requirement to have a certificate of full dose of COVID-19 vaccine, a certificate of recovery, or a negative test certificate.
Official Letter 682/BGTVT-VT was issued and took effect on January 21, 2022.
3. Government Office promulgates Official Letter 450/VPCP-QHQT on immigration settlement for foreigners, overseas Vietnamese and their relatives
Accordingly, the authority and procedures for entry approval are regulated as follows:
(i) For foreigners, overseas Vietnamese and their relatives with valid entry documents (valid permanent residence card, temporary residence card, visa or visa exemption certificate): entry in accordance with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and guiding Decree, without having to redo procedures for personnel inspection, visa /visa exemption certificate issuance, and don’t need to apply for approval of the immigration policy of the ministry or locality;
(ii) For foreigners who do not have a visa: Provincial People's Committees continue to consider and approve to create favorable conditions for cases of entry to work, attend conferences, seminars, study, humanitarian, etc. in the local area;
We hope you found this brief legal update informative.
Kind regards./.
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