LEGAL UPDATES VOL 9, JULY 2021

LEGAL UPDATES
VOL 09, JULY 2021

Dear Valued Clients and Partners,

ADK Lawyers Law Firm would like to introduce to you the Legal Updates, Vol 09 July 2021 with new legal provisions, which have notable contents as follows:

1. Recommendations on the implementation of both isolation and production and business in enterprises

On July 14, 2021, the Ministry of Labour - War invalids and Social Affairs, the Vietnam General Confederation of Labour (“MOLISA”), and VCCI issued Guidance No. 2242/LDTBXH-TLD-PTM for both isolation and production in enterprises and business establishments to achieve the Prime Minister’s direction of dual goal preventing the Covid-19 pandemic and promoting socio-economic development. Specifically,

(i) Subjects and scope of application:

(a) Subject of application: enterprises, production and business establishments; unionists and employees (including Vietnamese and foreigners);

(b) Scope of application: in enterprises.

(ii) Conditions for employees:

(a) For localities in which implements social distancing at the request of competent authorities, when there is a risk of infection in the place of residence and work, employees are allowed to go to work when they have negative test results for Sars-CoV-2 (Rapid Test/RT-PCR Test) under local government requirements;

(b) For localities in which implements social distancing but need to arrange employees to stay at enterprises to prevent the pandemic, or gathering places organized by enterprises, employees must have negative test results before entering the gathering places.

(iii) Conditions for employer (enterprise, production and business establishments):

(a) Under the guidance, enterprises eligible for continued production are those who committed to implementing preventative measures against the coronavirus epidemic as well as having a plan to prevent and handle cases of Covid-19. These businesses do not employ employees who are under medical quarantine;

(b) Enterprises must have vehicles taking employees from their accommodation to workplace meeting requirements according to decision 2787 issued on June 5, 2021, by the Ministry of Health;

(c) Enterprises carry out “03 on-site” option (on-site production, on-site dining, on-site accommodation) according to the plan of distance, divided shifts to ensure safety; ensure conditions for employees’ concentrated accommodation (if concentrated accommodation is carried out; ensure the quality of employees’ meals and health);

(d) Coordinating with capable medical facilities to have ready the number of rapid tests backup to ensure enough testing twice for the entire number of employees present at the enterprise;

(e) Making a list of employees’ information in the form and periodically updated 3 days per time, updating the test results before 15:00 every day (if any) and reporting it to the competent authority as regulated;

(f) Additionally, enterprises are asked to implement policies of supporting employees who stopped working without allowance and other policies as per the government’s Resolution 68 taking effect on July 1, 2021 and the Prime Minister’s decision 23/2021.

2. Notice for automatic stay extension for foreigners stranded due to COVID-19

The Viet Nam Immigration Department under the Ministry of Public Security has issued a notice for automatic stay extension for foreigners stranded in Viet Nam due to COVID-19.

(i) Foreigners who entered Viet Nam on visa waivers, e-visas or tourist visas from March 1st, 2020 are entitled to automatic stay extension until July 31, 2021 and can depart from Viet Nam without having to apply for stay extension.

For those who entered Viet Nam before March 1st, 2020, the same automatic stay extension until July 31th, 2021 can be considered, subject to provision of proof that the person was stranded in Viet Nam due to COVID-19, accompanied by a diplomatic Note (with Vietnamese translation) from relevant diplomatic missions, or a written document from relevant Vietnamese authorities confirming that the person was required to undergo mandatory quarantine or treatment for Covid-19, or advice of other force majeure. The person is required to present the diplomatic Note or written document on departure from Vietnam.

(ii) During “automatic stay extension” period, foreigners are required to complete temporary residence and health status declaration.

(iii) Foreigners who are not subject to Paragraph (i) or violate Vietnamese laws will be treated according to applicable laws of Viet Nam.

3. Notice No. 6959/TB-SHTT dated 14/07/2021 on Guiding The Application Of Contents Related To The Legal Status Of The Person Signing Documents As The Representative Of The Applicant In The Notice No. 13822/TB-SHTT Dated November 23, 2020 of National Office of Intellectual Property (“NOIP”)

On November 23, 2020, NOIP issued Notice No. 13822/TB-SHTT on the application of regulations related to the representative of the applicant to sign the registration documents to establish the industrial property rights and the others related procedures.

In the face of the situation that the Covid-19 pandemic continues to seriously affect all aspects of socio-economic life on a global scale, in order to create favorable conditions for applicants in establishing industrial property rights, The NOIP guides the application of a number of contents related to the legal status of the person signing the documents as the representative of the application owner in case the application owner is an organization as follows:

(i) Where the person who signed the document deals with the NOIP in the course of establishment industrial property rights is the legal representative of the applicant or a person from an organization authorized by the legal representative of the applicant, the legal status of the signer is confirmed by him/herself through his/her signature and the seal (as prescribed, if any) of the applicant.

(ii) The applicant's representative mentioned in Paragraph (i) above is responsible before the applicant and the law for: (a) the truthfulness and accuracy of the information and documents provided to the NOIP in the process of establishing industrial property rights; (b) all consequences and obligations arising from the declaration and provision of dishonest and inaccurate information caused in transactions with the NOIP.

(iii) This Notice takes effect from the date of signing and applies to all procedures required before the date of signing this Notice.

We hope you found this brief legal update informative.

Best Regards.

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