Newsletter on September 2022

Our Newsletter #2 would lead you on the following:

LEGAL UPDATE

I. Guidance for using masks to prevent and control the COVID-19 pandemic in public places

The Ministry of Health issued Decision No. 2447/QD-BYT dated 06 September 2022 guiding the use of masks to prevent and control the COVID-19 pandemic in public places with the following notable contents:

  • Compulsory cases to use masks to prevent and control the COVID-19 pandemic in public places such as:
    • People with symptoms of acute respiratory infection, people with confirmed or suspected to have COVID-19.
    • All subjects (except children under 5 years old) when going to a public place where the pandemic level has been declared at level 3 or level 4 according to the Interim Guidance on Medical Expertise implementing Government’s Resolution No. 128/NQ-CP dated 11 October 2021 issuing the temporary regulation “Safely adapting, flexibly, effectively controlling the COVID-19 pandemic ” in Decision No. 218/QD-BYT dated 27 January 2022 of the Ministry of Health.
    • In a medical facility; medical isolation place; accommodations where persons who are subjected to medical isolation, or under medical supervision. The guidelines shall be applied to all people (except those staying in single isolation rooms, people with immunodeficiency, people who are undergoing medical procedures as indicated by physicians, and children under 5 years old), the medical staff at the medical facility shall implement the guidance in Decision No. 2171/QD-BYT.
    • At trade centers, supermarkets, and wholesale markets: The guidelines shall be applied to service staff, managers, and employees when they contact customers directly.
    • When using public transport (airplane, train, ship, tram, ferry, coach, bus, taxi,…). The guidelines shall be applied to passengers; drivers, and staff.
    • At cultural and tourist places, and places where events with a large gathering of people are organized: The guidelines shall be applied to all staff, managers, employees, and sellers when they contact customers and attendants directly.
    • In places with enclosed spaces and poor ventilation: The guidelines shall be applied to all services applied to all staff, managers, employees, and sellers when they contact customers directly.
    • At the place of receipt of documents, place of transaction: The guidelines shall be applied to all employees in charge of receiving documents and processing transactions when they contact customers directly.
  • In addition, the Ministry of Health also suggests that in cases where the use of masks is not compulsory, the use of masks is encouraged when going to public places.

II. Regulations on electronic identification and authentication

The Government issued Decree No. 59/2022/ND-CP dated 05 September 2022 providing for electronic identification and authentication with the following notable contents:

  • The competent Police shall process the registration request for an electronic identity (“eID”) account upon receipt of all valid request documents prescribed the following duration:
    • For any Vietnamese citizen who is holding a chip-based ID card: The maximum duration of issuing for level-1 eID accounts and level-2 eID accounts shall be 01 and 03 working days, respectively.
    • For any Vietnamese citizen who does not hold a chip-based ID card: The maximum duration of issuing for eID accounts shall be 07 working days.
  • In addition, any eID holder that is a Vietnamese authority, organization, or citizen shall be exempted from paying costs incurred from registering and using eID accounts created by the electronic identification and authentication system. Any organization or individual using electronic authentication services shall pay fees to electronic authentication service providers in accordance with the law.

III. Handling defects of electronic invoices

Bac Ninh Tax Department issued Official Letter No. 2616/CTBNI-TTHT dated 24 August 2022 on handling defects in e-invoices with the following notable content:

When detecting defects in e-invoices made according to Circular No. 32/2011/TT-BTC dated 14 March 2011 of the Ministry of Finance: The company and the buyer make a written agreement clearly stating the defects, notifying the tax authority according to Form No. 04/SS-HDDT attached with Decree No. 123/2020/ND-CP dated 19 October 2022 issued by the Government, and issuing a new electronic invoice to replace the one already issued with defects.

IV. Registration and management of operation of foreign non-governmental organizations in Vietnam

The Government issued Decree No. 58/2022/ND-CP dated 31 August 2022 on registration and management of operation of foreign non-governmental organizations in Vietnam with the following notable contents:

  • A foreign non-governmental organization may be granted an operation registration certificate if it meets the following conditions:
    • Having the legal person status under the law of the country or territory in which it is established;
    • Having clear operation charters, guidelines, and purposes in conformity with Vietnam’s interests and needs;
    • Having specific proposals on the expected programs, projects, and non-projects to support the development and humanitarian aid in Vietnam within 3 years;
    • There is a proposal for a Representative in Vietnam.
  • The operation registration certificate is valid for not more than 03 years from the date of issuance. The term of the registration certificate shall not exceed the time limit for operation registration of the foreign non-governmental organization according to the law of the place of establishment.
  • Foreign non-governmental organizations are prohibited from performing the following acts:
    • Organizing, performing, participating in, sponsoring religious activities and other activities that are not in accordance with national interests, violating the law, infringe on national defense, security and social order and safety Vietnam;
    • Organizing, performing, and participating in activities for profit-making purposes, not for development assistance or humanitarian aid;
    • Financing activities against, overthrowing governments in other countries, terrorist organizations, and terrorist activities ;
    • Organizing, participating in, sponsoring money laundering or related money laundering;
    • Organizing, participating in, and sponsoring other activities contrary to social ethics, fine customs, traditions, and national cultural identity and destroying the great national unity of Vietnam.

PUBLISHED ARTICLES

  1. 07 issues to be clarified in an agreement among the founding shareholders of a company in Vietnam
  2. Is it a privilege for an employer to renew the work permit of its foreign employees in Vietnam?
  3. 02 notes for investors who prepare for the alcohol business in Vietnam
  4. How to register a geographical indication under Vietnamese laws?

PUBLISHED VIDEO

BLawyers Vietnam’s lawyers provided 4 following issues in this video:

  1. Requirements for the investor to suspend the investment project;
  2. Requirements for the investor to suspend the investment project;
  3. Required documents; and
  4. Penalties if failing to notify suspension of the investment project.

UPCOMING EVENTS

THE INTERNATIONAL EXHIBITION ON ENVIRONMENT AND ENERGY TECH (ENTECH 2022)

Date of Event: 26-28 October 2022

Location: National Convention Center in Hanoi

Supporting Organizations are:

  • Ministry of Natural Resource and Environment (MONRE)
  • Ministry of Industry and Trade (MOIT)
  • Hanoi People’s Committee
  • Busan Metropolian City — Korea
  • Vietnam Energy Conservation and Energy Efficiency Association

For more information, see at: General Information – Entech Hà Nội (entechhanoi.vn)

For downloading: 

Newsletter #2 (EN version)

Maybe you are interested in reading other Newsletters of BLawyers Vietnam: Newsletter on August 2022

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