Highlights of Vietnamese legal documents last week (from October 4 to October 9, 2021)

1. Facility to determine congested imported goods at the seaport where the distance is located

The Ministry of Finance has promulgated Circular 82/2021/TT-BTC of Vietnam stipulating customs supervision of import cargo to be moved to another customs checkpoint as they are backlogged or at risk of backlog at seaports where social distancing has been imposed under Directive 16/CT-TTg.

According to this circular, the establishment determines that imported goods are congested or at risk of congestion at seaports as follows:

(1) Port operations are being affected by the covid-19 pandemic, which is beyond the port's ability to overcome.

(2) Imported goods in stock reach over 90% of the seaport's planned import loading capacity.

(3) Confirmed by the Port Authority of the congestion or the risk of congestion due to the simultaneous impact of the factors mentioned in (1), (2).

(4) The seaport business enterprise shall notify in writing the Sub-department of Customs in charge of the seaport where the goods are stored about the congestion or danger of congestion together with the certification of the Port Authority mentioned in item ( 3).

Circular 82/2021/TT-BTC of Vietnam takes effect from September 30, 2021.

2. Exemption from import tax for production materials Covid-19 test strips 

Decision 1921/QD-BTC of Vietnam added items exempted from import tax in the list of goods exempted from import tax for the prevention and control of acute respiratory infections caused by new strains of corona virus under Decision 155/QD-BTC.

Additional items of supplies for the production of Covid-19 test strips that are exempt from import tax include:

- Aluminum bag (used to hold test kit);

- Test rod bottom cover (used to assemble and create test rods);

- The housing on the test rod (used to assemble and create the test strip);

- Tube containing test samples (used to hold test samples);

- Test tube holder (used to fix the tubes);

- Nasopharyngeal swab sample (used to take samples to be tested);

- Nasal swab sampler (used to take samples to be tested).

Decision 1921/QD-BTC of Vietnam takes effect from September 30, 2021 to the date of the competent authority's written announcement of the end of the epidemic.

3. 04 groups of subjects not yet received support documents under Decree 116 of Vietnam

Vietnam Social Security has issued Official Dispatch 3138/BHXH-CSXH dated October 6, 2021 on determining beneficiaries of support from the Unemployment Insurance Fund under Decision 28/2021/QD-TTg.

The social insurance agency has not yet received support documents under Resolution 116/NQ-CP of Vietnam for the following subjects:

- Employees taking maternity leave or sick leave for more than 14 working days are not entitled to monthly salary at the unit but enjoy social insurance benefits.

- The employee suspends the performance of the labour contract or the signed work contract in accordance with the law.

- Employees leave without pay.

- The employee unilaterally terminates the labor contract/work contract illegally (arbitrarily quits the job).

Therefore, Vietnam Social Insurance respectfully requests the Ministry of Labor, War Invalids and Social Affairs of Vietnam to soon study and guide the group of subjects who have time to participate in unemployment insurance, which is actually reserved for the period from January 1, 2020 the time when the Covid-19 pandemic began to affect Vietnam) to September 30, 2021 but was not on the list of paying unemployment insurance premiums as of September 30, 2021 for the Vietnam Social Security to have a basis for implementation.

In the immediate future, Vietnam Social Security will receive dossiers and settle support payments in the fastest time for those subject to specific regulations.

4. Additional 02 online contractor selection costs in Vietnam from January 01, 2023

Circular 06/2021/TT-BKHDT of Vietnam detailing the collection, payment, management and use of fees for registration, information posting, contractor and investor selection on the national bidding network system, Bidding Newspaper.

According to this Circular, adding 02 new costs when selecting contractors and investors on the National Procurement Network, including:

- Cost of the winning contractor: calculated at 0.022% of the winning bid price but maximum VND 2,200,000 (VAT included).

For a bidding package divided into several parts or separate lots, the cost of the winning contractor shall be calculated according to the winning value of each separate part or lot;

- Cost of using E-Contract: calculated at 0.022% of contract price but maximum VND 2,200,000 (VAT included).

These two types of expenses are applied from January 1, 2023 and are based on the Decision of the Minister of Planning and Investment.

Circular 06/2021/TT-BKHDT of Vietnam takes effect from March 1, 2022.

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