Important policies of Vietnam effective from mid-September 2021

1. Strict management of cross-border advertising activities in Vietnam

From September 15, 2021, Decree 70/2021/ND-CP amendment to Decree 181/2013/ND-CP  on elaboration of some Articles of the Law on Advertising of Vietnam

According to this Decree When providing cross-border advertising services in Vietnam, Vietnamese and foreign advertising service providers, advertisement distributors and advertisers (such as advertising on Facebook, Google,..) must comply with:

- Regulations of Vietnamese law on advertising;

- Regulations on cybersecurity;

- Regulations on management, provision and use of Internet services and online information;;

- Pay tax as per regulations of tax law.

According to the previous regulations, activities on the websites of foreign organizations and individuals doing business in cross-border advertising services and generating advertising revenue in Vietnam must pay tax in accordance with the provisions of the law on advertising. tax.

In addition, Decree 70/2021 also stipulates that foreign organizations and individuals trading in cross-border advertising services in Vietnam must:

- Notification of contact information with the Ministry of Information and Communications;

- Do not advertise via illegal contents mentioned in Clause 1 Article 8 of the Cybersecurity Law and Article 28 of the Law on Intellectual Property;

-  Prevent and remove illegal information at the request of the Ministry of Information and Communications and competent authorities according to Article 14 of Decree 70/2021.

2. Preferential regimes for people with meritorious services to the revolution

The Vietnamese Government has promulgated Decree 75/2021/ND-CP on elaboration the amount of allowance and preferential regimes for people with meritorious services to the revolution.  The Decree also specifies preferential regimes for people with meritorious services to the revolution such as:

- Health Insurance;

- Nursing to restore health;

- Support for assistive devices, orthopedic tools, means and necessary rehabilitation equipment;

- Providing educational incentives at educational institutions belonging to the national education system up to the university level;

- Supporting the construction of martyrs' graves, martyrs' recognition;

- Identification of martyrs' remains;

See details of preferential regimes for people with meritorious services to the revolution in Decree 75/2021/ND-CP of Vietnam effective from September 15, 2021.

3. Subjects of contribution to Vietnam Disaster Management Fund

From September 15, 2021, Decree 78/2021/ND-CP prescribes the establishment, management and use of the Disaster Management Fund, its financial sources, spending details, persons and entities eligible for exemption, reduction in and deferment of payment of contributions, procedures for regulation, public disclosure of information and final settlement of the Disaster Management Fund.

According to this Decree, Vietnamese citizens who are at least 18 years old or at retirement age under normal working conditions prescribed in law on labor shall make annual contributions as follows:

- Officials, public officers, public employees, persons paid wages, salaries, allowances and employees working at agencies, organizations and non-business units of the Party, State, socio-political organizations and associations that are funded by the State budget to cover their operating expenses at the central level, in provinces and centrally-run cities, in urban/rural districts, towns, provincially-affiliated cities, cities under the central authority (district level), in communes, wards and townships (commune level), in special administrative-economic units and armed forces shall pay a half of the statutory base salary divided by the number of working days in a month.

- Employees working under labor contracts in enterprises shall pay a half of the region-specific statutory minimum pay rate divided by the number of working days in a month as agreed upon in the labor contract. Employees who enter into multiple contracts with different enterprises shall only have to make a one-off contribution according to the labor contract of which the term is longest.

- Other employees other than those specified at Point a and b of this Clause shall have to contribute 10,000 VND/person/year.

In addition, domestic and foreign economic organizations within a locality per year is 0.02% of total value of existing assets according to the financial statement that the paying organization makes on December 31 each year to the tax authority, is VND 500,000 at minimum and VND 100 million at maximum, and shall be accounted as that organization’s operating expenses.

4. Standards of Cadres of guilding, chairing and qualifying FFAP department

Circular 82/2021/TT-BCA of Vietnam stipulates standards, tasks, training, professional inspection of designs, approval and acceptance of fire fighting and prevention of the Police department of fire figh and prevention

According to this Circular, the standards of Cadres of guiding, chairing and qualifying FFAP department as allowing:

(1) Having a university or higher degree in fire fighting and prevention.

(2) Having satisfactory results of professional inspection, design approval and acceptance on fire fighting and prevention

(3) Having time to carry out fire prevention and rescue work in the Fire and Rescue Police force as follows:

- At least 05 years for cadres of Police Department of fire fight and prevention;

- At least 03 years for cadres of Police Department of fire fight and prevention and Rescue Police of provinces and centrally run cities.

Note:  Divisional leaders and team commanders are directly assigned to be in charge of design appraisal and acceptance, and officers are assigned to directly carry out design appraisal and acceptance. Fire fighting and prevention that do not meet the above standards will still be assigned to carry out the assigned work until 36 months from September 20, 2021.

Circular 82/2021/TT-BCA of Vietnam takes effect from September 20, 2021.

Bao Ngoc

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