Legal update on September 2021 (Part 3)

BLawyers Vietnam - Legal update

Our Vietnam Legal Update #179 would lead you on 03 legal issues:

I. Supporting businesses, cooperatives, and business households in the context of the Covid-19 epidemic

On 09 September 2021, the Government issued Resolution No. 105/NQ-CP on supporting businesses, cooperatives, and business households in the context of the Covid-19 epidemic. Accordingly, the Government decided the main groups of tasks and solutions as follows:

The Ministry of Health shall coordinate with individuals and organizations in:

  • Continuing to rationally and effectively allocate COVID-19 vaccine resources. At the same time, adding the priority subjects for getting vaccinated include employees of enterprises, cooperatives, and business households;
  • Issuing documents for guiding the purchase of biological products and testing equipment by enterprises, cooperatives, and business households, self-testing, and the recognition of test results; and
  • Researching the mechanisms, guiding, creating conditions, and encouraging enterprises to import vaccines.

The Ministry of Information and Communications shall:

  • Issuing the electronic handbook to guide the response to COVID-19; and
  • Building a digital technology platform to serve the prevention and control of COVID-19.

The Ministry of Transport shall guide the localities to uniformly implement the “green channel” transport for transporting goods safely and smoothly.

The Ministry of Industry and Trade shall strengthen market management, ensure the balance of important and essential materials and goods for production and life.

The Ministry of Finance directs the General Department of Customs to allow the enterprises, cooperatives, and business households to submit scanned copies certified by digital signatures for documents that must be submitted in paper copies/certified copies as prescribed to solve bottlenecks when clearing goods. In addition, the enterprises, cooperatives, and business households shall submit additionally after the goods are cleared for post-inspection.

The Ministry of Labor, War Invalids and Social Affairs shall:

  • Issuing the policies related to the reduction of premiums or support from the balance of short-term social insurance funds;
  • Proposing exemption from fines for late payment of social insurance arising in 2020 and 2021; and
  • Directing localities to implement flexibly and loosen some regulations/conditions on the grant/renewal/confirmation of work permits for foreign workers working in Vietnam in accordance with the new context.

The Ministry of Finance shall:

  • Implementing the policies on loosening and reduction of taxes, fees, charges, and land rent. At the same time, implementing preferential tax policies for imported goods to fund the prevention and control of the COVID-19 epidemic; and
  • Considering and researching to continue to extend the deadline for paying excise tax for domestically manufactured and assembled cars until the end of 2021. At the same time, consider reducing the registration fee for cars that are manufactured, produced, and assembled domestically.

The Ministry of Culture, Sports, and Tourism shall allow the travel service businesses to receive an 80% reduction in the deposit for travel service business until the end of 2023, reducing the time to settle the refund of the deposit for the travel service business from 60 days to 30 days.

II. Guidance on the declaration and payment of supports, bonuses, and promotions for business individuals

The Tax Department of Thanh Hoa Province issued Official Letter No. 1457/CT-TTHT dated 24 March 2021 to guide the declaration and payment of tax support, bonus, and promotion for business individuals. The main content is as follows:

  • The supports, bonuses, and promotions received by business organizations and individuals are incomes subject to VAT. Business organizations and individuals shall declare and pay tax according to the provisions of law.
  • In case the organization pays the support, bonus, and promotion in cash or not in cash to individuals as household businesses and personal businesses pay tax by the presumption method, on behalf of them, this organization shall declare and pay tax according to the provisions of law.

III. Guidance on issuing invoices when transferring land and assets formed on land

On 1 September 2021, the Tax Department of Hai Duong Province issued Official Letter No. 8079/CTHDU-TTHT to guide the issuance of invoices when transferring land and assets formed on land. Some of the main contents are as follows:

  • The transfer of factories and assets formed on land between export-processing enterprises is not subject to VAT.
  • Invoices used for such activity are sales invoices. This invoice must have a notification state that “For organizations and individuals in non-tariff zones”.

For down-loading: 

Legal Update #179 (EN version)

Maybe you are interested in reading other Legal Update of BLawyers Vietnam: September 2021 (Part 2) | September 2021 (Part 1) | August 2021 (Part 4) | August 2021 (Part 3) | August 2021 (Part 2) | August 2021 (Part 1) | July 2021 (Part 5)July 2021 (Part 4)July 2021 (Part 3)July 2021 (Part 2)July 2021 (Part 1) 

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