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LEGAL UPDATE 12/2021

CREATED BY VIETVALUE LAW FIRM

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CONTENT

Decision 33/2021/QD-TTg amending Decision 23/2021/QD-TTg on policies to support employees and employers facing difficulties due to COVID-19.

LABOR

Decree No. 97/2021/ND-CP amending and supplementing a number of articles of the Government's Decree No. 23/2018/ND-CP dated February 23, 2018 on compulsory fire and explosion insurance

INSURANCE

Circular 41/2018/TT-NHNN amending and supplementing Circular 19/2016/TT-NHNN regulating banking card activities

BANKING

Decree 101/2021/ND-CP amending Decree 122/2016/ND-CP and Decree 57/2020/ND-CP on Export Tariff and Preferential Import Tariff

TAX

Circular No. 87/2021/TT-BTC regulating electronic transactions in professional activities of the State Treasury

FINANCE

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  • The insurance enterprise must issue the compulsory fire and explosion insurance certificate to the insurance buyer.

The electronic insurance certificate must fully comply with current regulations and fully reflect the above contents.

  • Insurance deductible;
  • Duration of insurance;
  • Rate of premium, premium;
  • Name, address, phone number of the insurance company's hotline;
  • Date, month and year of issuance of Certificate of Insurance.
  • Name and address of insurance enterprise, insurance buyer, insured person;
  • Belonging to the list of establishments (specify which establishments are on the list of establishments having fire and explosion hazards according to the law on fire prevention and fighting);
  • Address of the insured property;
  • Insured property;
  • Insurance money;

1. Decree No. 97/2021/ND-CP on compulsory fire and explosion insurance

Issue date: June 30, 2021

Effective date: December 23, 2021

  • The compulsory fire and explosion insurance certificate is actively designed by the insurance enterprise and must include the following contents:

Thus, instead of applying the compulsory certificate of fire and explosion insurance according to Appendix I of Decree 23/2018/ND-CP, the insurer will be able to design this Certificate proactively.

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2. Circular No. 87/2021/TT-BTC regulating electronic transactions in professional activities of the State Treasury

Digitally signed by all parties to the contract

SIGN

  • Authentication by digital signature
  • Biometric authentication
  • Authentication with two or more factors including a one-time authentication code or a random authentication code.

INFORMATION SYSTEM

Other measures that the contracting parties agree to choose, ensuring the integrity of data, authenticity, and non-repudiation, in accordance with the provisions of the Law on Electronic Transactions.

OTHER MEASURES

ELECTRONIC TRANSACTIONS

  • The parties to an electronic contract with the State Treasury must perform electronic identification and authentication in accordance with the law on electronic identification and authentication;

  • Parties that have signed an electronic contract in the professional activities of the State Treasury are not required to sign the corresponding contract in writing.

  • The fact that the digital certificate used to sign an electronic contract is invalidated after the time the contract has been signed does not affect the legal value of that electronic contract.

EFFECTIVE CONDITIONS OF ELECTRONIC CONTRACT

Issue date: October 8, 2021

Effective date: December 1, 2021

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3. Decree 101/2021/ND-CP on Export Tariff and Preferential Import Tariff

Goods enjoying preferential import tax rate of 0%

Additional 02 items enjoying the preferential import tax rate of 0% include:

  • Oily fruits and seeds for breeding have Item code 9805.00.00 in the List of commodity groups from 98.01 to 98.48 and commodity groups 98.50, 98.51, 98.52 at Point 1, Clause II, Section II, Appendix II of Decree 57/2020.

  • Engine ECU, used for motor vehicles with Item code 9849.46.00 in the List of commodity group 98.49 at Point 2, Clause II, Section II, Appendix II of Decree 57/2020.

Adjustment of export tax rates and preferential import tax rates for a number of commodity groups specified in:

  • Appendix I - Export Tariff according to the List of Taxable Goods;

  • Appendix II - Preferential import tariffs according to the List of taxable goods.

Issue date: 11/15/2021

Effective date: December 30, 2021

Adjustment of export tax rates and preferential import tax rates

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Regulations on bank card operations, which stipulates the transition to chip technology for card-accepting devices operating in Vietnam and domestic magnetic cards in circulation by card issuers released in Vietnam.

  • There is no regulation on stopping or refusing card transactions for domestic magnetic cards in circulation (cards with expiry date) issued by card issuers in Vietnam;
  • There is no regulation on refusing to accept card transactions for domestic magnetic cards in circulation.

From December 31, 2021, card issuers that issue domestic cards in circulation must comply with the basic standards on domestic chip cards. Card payment organizations convert ATMs and card-accepting devices at points of sale operating in Vietnam to comply with the basic standards of domestic chip cards.

Issue date: December 28, 2018

Effective date of terms:

December 31, 2021

4. Circular 41/2018/TT-NHNN amending and supplementing Circular 19/2016/TT-NHNN regulating banking card activities

CLAUSE 3 ARTICLE 27b (effective): By December 31, 2021, 100% of card numbers with BIN issued by the State Bank in circulation of the CSOs comply with the Basic Standard on domestic chip cards.:

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(1)

The company rearranged production and labor to prevent and control the COVID-19 epidemic

Due to the employer's total or partial suspension of operations

(2)

(3)

Having to be treated for COVID-19, medical isolation, in blocked areas, unable to go to work

Headquarters, branches, representative offices, production and business locations in the locality implement measures to prevent and control the epidemic.

5. Decision 33/2021/QD-TTg on policies to support employees and employers facing difficulties due to COVID-19.

(4)

In case of support for employees working under labor contracts who must suspend the performance of labor contracts or take unpaid leave:

Issue date: November 6, 2021

Effective date: November 6, 2021

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