Important policy coming into effect from the beginning of June 2021 in Vietnam

Important policy coming into effect from the beginning of June 2021 in Vietnam
Bảo Ngọc

From the beginning of June 2021 (from June 1 to June 10), there will be important policies on enterprise, insurance, finance, transportation, etc. taking effect in Vietnam, for example:

1. Employment service center must have at least 15 persons working as civil servants from June 1, 2021 in Vietnam

This is new content specified in Decree 23/2021/ND-CP prescribing details of clause 3 of Article 37 and Article 39 in the Employment Law on employment service centers and businesses, taking effect on June 1, 2021.

From June 1, 2021, when establishing an employment service center, the following 6 conditions must be met:

- Having the objectives, functions and tasks of providing public employment services;

- According with the planning of employment service centers approved by competent authorities;

- Having working offices or projects for allocation of land for the construction of offices already approved by competent authorities (in case of building new offices);

- Having equipment used for performing the tasks specified in Article 7 of this Decree in accordance with the standards and norms of specialized machinery and equipment issued by competent authorities;

- Having at least 15 persons working as civil servants;

(Currently, Decree 196/2013/ND-CP only requires at least 15 officials with college degrees or higher).

- The authority having competence in establishment shall provide funding for public employment services in accordance with the provisions of law.

2. 08 Users of data of National insurance database in Vietnam

Decree 43/2021/ND-CP regulates national insurance database, taking effect on June 1, 2021.

08 users of data of National insurance database include:

- Vietnam Social Security shall use the data from National Insurance Database for insurance professional practices.

- The Ministry of Labor, War Invalids and Social Affairs shall use the data for state management of social insurance, employment and social security.

- The Ministry of Health shall use the data for state management of health sector, including health insurance data.

- The Government's Office shall use the data for direction and administration of the Government and the Prime Minister.

- Ministry of Information Technology and Communications shall use the data in combination with other sources of data to create increased information for the purpose of advising and supporting the promulgation of policies in e-Government and digital Government.

- The Ministry of Public Security and the Ministry of National Defense shall use the data for state management of national defense and security.

- Regulatory agencies shall, within their ambit of functions and tasks, use the data for state management.

- Agencies, organizations and individuals are permitted use their own information; or personal information of another person if the consent is given in accordance with the law.

3. Standards for appointing judicial expertises in the field of transportation from June 1, 2021 in Vietnam

Circular 07/2021/TT-BGTVT regulates judicial expertise in the field of transportation, taking effect on  June 1, 2021.

From June 1, 2021, people considered for appointment as judicial experts in the field of transportation must meet two conditions: meeting the standards according to Clause 1, Article 7 of the Law on Judicial Expertise 2012; not falling into the following cases:

- Loss of civil act capacity or limited civil act capacity;

- Being prosecuted for criminal liability; have been convicted but have not had their criminal record expunged for an unintentional crime or a less serious intentional crime; has been convicted of a serious crime, very serious crime, or especially serious intentional crime;

- Being subject to administrative measures of education in communes, wards, towns, being sent to compulsory detoxification facilities or being sent to compulsory educational establishments.

Currently, Circular 33/2014/TT-BGTVT does not regulate the above exclusion cases.

4. Application for of temporary import of automobiles and mopeds as of June 2, 2021 in Vietnam

Circular 27/2021/TT-BTC amending Circular 19/2014/TT-BTC on procedures for temporary import, re-export, disposal and transfer of automobiles and mopeds of beneficiaries of privileges and immunities in Vietnam.

Clause 4, Article 1, Circular 27 amends regulations on application for of temporary import of automobiles and mopeds specified in Clause 1, Article 5 of Circular 19. Application for of temporary import of automobiles and mopeds include:

- Temporary import documents of automobiles and mopeds: 2 original copies;

- Declaration of imported commodities using Form No. 1 – Declaration of import commodities under Annex I attached to Circular No. 39/2018/TT-BTC. In case of declaration made on physical declaration forms according to Clause 12 Article 1 of Decree 59/2018/ND-CP, customs declarants shall declare and submit 3 original copies of customs declarations using Form No. HQ/2015/NK under Annex IV attached to Circular 38/2015/TT-BTC;

- Bills of lading or other equivalent documents: 1 original copy (bearing seals of Customs Departments of provinces and cities that issue temporary import documents of automobiles and mopeds); 

- Application for technical safety and environmental protection inspection for imported motor vehicles (for automobiles): 1 original copy;

- Application for technical safety and environmental protection inspection for imported motorbikes, motorized vehicles, mopeds (for mopeds): 1 original copy.

Circular 27/2021/TT-BTC takes effect on June 2, 2021.

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