1. Change of real estate business conditions from 01/03/2022
On January 6, 2022, the Government issued Decree No. 02/2022/ND-CP detailing the implementation of a number of articles of the Law on Real Estate Business. Accordingly, Article 4 of this Decree provides conditions for real estate business, including:
- It is necessary to establish an enterprise in accordance with the law on enterprises or cooperatives in accordance with the law on cooperatives and real estate business lines (hereinafter referred to collectively as enterprises);
- Must be publicized on the website of the enterprise, at the headquarters of the Project Management Board (for real estate business investment projects), at the real estate exchange (in case of business through the real estate exchange) the following information:
- Information about the enterprise including the name, address of the head office, contact phone number, name of the representative according to law;
- Information on real estate put into business as prescribed in Clause 2, Article 6 of the Law on Real Estate Business;
- Information on mortgage of houses, construction works, real estate projects put into business (if any);
- Information on the quantity, type of real estate products traded, quantity, type of real estate products sold, transferred, leased and purchased and quantity, the remaining type of products are continuing to do business.
For the publicly information available specified at this Clause, whenever there is then a change, it must be updated timely as soon as the change happen;
- Only trading in eligible real estate which fully meets the conditions specified in Article 9, Article 55 of the Law on Real Estate Business.
Thus, compared to Decree No. 76/2015/ND-CP, Decree No. 02/2022/ND-CP has removed the conditions on legal capital of enterprises; added new conditions publicize the company’s information on the website of the enterprise, at the headquarters of the Project Management Board (for real estate business investment projects), at the real estate exchange (for business through the real estate exchange).
This Decree will take effect from March 1, 2022 and replaces Decree No. 76/2015/ND-CP.
2. The fee for the registration of battery-powered electric cars is 0% within 3 years from March 01, 2022
On January 15, 2022, the Government issued Decree No. 10/2022/ND-CP regulating registration fees. In particular, this Decree stipulates the level of registration fee collection for battery-powered electric cars as follows:
- Within 3 years from March 01, 2022: pay the first registration fee with a collection rate of 0%.
- Within the next 2 years: pay the registration fee for the first time with a charge equal to 50% of the collection rate for gasoline and oil cars with the same number of seats.
In addition, keep the registration fee rate for some of the following asset classes:
- House, land is 0.5%.
- Shotgun; Guns used for training and sports competitions are 2%.
- Ships, including barges, canoes, tugboats, pushers, submarines, submersibles; boats, including yachts; Aircraft: The charge is 1%.
- Motorcycles are 2%.
- Cars, trailers or semi-trailers are towed by cars, vehicles similar to cars are 2%.
Decree No. 10/2022/ND-CP will take effect from March 01, 2022 and replaces Decree No. 140/2016/ND-CP and Decree No. 20/2019/ND-CP.
3. Change the application form, certificate of use of code, barcode
On January 21, 2022, the Government issued Decree No. 13/2022/ND-CP dated January 21, 2022 amending and supplementing a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018 issued by the Government on detailing the implementation of a number of articles of the Law on Quality of Products and Goods and Decree No. 86/2012/ND-CP dated October 19, 2012 issued by the Government on detailing and guiding the implementation of a number of articles of the Law on Measurement.
Accordingly, Decree No. 13/2022/ND-CP will replace and abolish some forms in Decree No. 74/2018/ND-CP, specifically:
- Replacing Form No. 12 (Application for use of codes and barcodes), Form No. 14 of the Appendix issued with Decree No. 74/2018/ND-CP with Form No. 12, Form No. 14 of the Appendix issued together with Decree No. 13/2022/ND-CP.
Thus, the application for registration of using codes and barcodes has changed in the application form compared with the current.
- Abolishing Form No. 15, Form No. 16, Form No. 17, Form No. 18 of the Appendix issued together with Decree No. 74/2018/ND-CP.
At the same time, abolish some provisions in the following decrees:
- Repeal clause 2, Article 19b of Decree No. 132/2008/ND-CP amended and supplemented in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.
- Repeal article 19d of Decree No. 132/2008/ND-CP amended and supplemented in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.
- Repeal Clause 2 Article 17 of Decree No. 86/2012/ND-CP.
Decree No. 13/2022/ND-CP will take effect on March 15, 2022.
4. Increase the monthly allowance for commune officials who have quit their jobs from January 01, 2022
The Ministry of Home Affairs issued Circular No. 02/2022/TT-BNV dated January 29, 2022 guiding the adjustment of the monthly allowance from January 01, 2022 for commune, ward and township officials who have quit their jobs under decision No. 130-CP dated June 20, 1975 of the Government Council and Decision No. 111-HDBT dated October 13, 1981 of the Council of Ministers.
Circular No. 02/2022/TT-BNV applies to commune, ward or township officials who have quit their jobs to enjoy monthly allowances according to Decision No. 130-CP dated June 20, 1975 of the Government Council and Decision No. 111-HDBT dated October 13, 1981 of the Council of Ministers (hereinafter referred to as frail old commune officials who have quit their jobs).
Accordingly, from January 1, 2022, adjust the monthly allowance for elderly commune officials who have quit their jobs as prescribed in Article 2 of the Government's Decree No. 108/2021/ND-CP as follows:
An additional 7.4% increase in the monthly allowance above the level of benefits enjoyed as of December 2021 according to the formula calculated below:
| Monthly allowance is entitled from 01/01/2022 | = | The level of benefits enjoyed as of December 2021 | X | 1,074 |
The monthly allowance for elderly commune officials who have quit their jobs after adjusting according to regulations but lower than 2,500,000 VND per month shall be increased by the allowance as follows:
Increase by 200,000 VND/person/month for those with a monthly allowance of less than 2,300,000 VND /person/month;
Increase to 2,500,000 VND/person/month for those with a monthly allowance from 2,300,000 VND/person/month to less than 2,500,000 VND/person/month.
According to the above provisions, the monthly allowance is entitled from 01/01/2022 (rounded the number) for elderly commune officials who have quit their jobs as follows:
For cadres who are former Party Committee Secretaries and Chairpersons of commune People's Committees: 2,473,000 VND/month;
For former cadres who are Deputy Secretaries, Vice Chairmen, Standing Committees of the Party Committee, Members of the Secretariat of the People's Committee, Secretary of the People's Council of communes, Commune Captains, Heads of Commune Police: 2,400,000 VND/month;
For the remaining titles: 2,237,000 VND/month.
This Circular will take effect from March 15, 2022.
The regime specified in this Circular shall be implemented from January 1, 2022.
5. From 31/03/2022, additoanal cases of stopping for road toll collection
On December 31, 2021, the Ministry of Transport issued Circular No. 45/2021/TT-BGTVT regulating the operation of road toll stations. Accordingly, this Circular provides for the following cases of stopping the collection of road tolls as follows:
- In case that the project expires within the contract period, the collection management unit must actively stop collecting or comply with the decision of the competent authority to stop collecting (or of the unit assigned by the competent agency to manage the collection of road use service charges).
The determination of the time of stopping obtained shall be determined according to the collection contract of the competent authority with the collection management unit or the contract with the PPP project enterprise.
- Stop collecting fees in case of termination of PPP project contracts ahead of time.
Thus, compared to the current, Circular No. 45/2021/TT-BGTVT has added the case of stopping the collection of fees in case of termination of PPP project contracts ahead of time.
This Circular will take effect from March 31, 2022 and replaces Circular No. 15/2020/TT-BGTVT dated July 22, 2020 issued by the Ministry of Transport on the operation of toll stations for road use services.
6. From March 15, 2022, temporarily suspend the business of temporarily importing and re-exporting masks and medical gloves
On January 28, 2022, the Ministry of Industry and Trade issued Circular No. 03/2022/TT-BCT on the temporary suspension of the business of temporarily importing and re-exporting medical masks, medical gloves and disease prevention and control kits.
Accordingly, the codes of medical masks temporarily suspended from importing and re-exporting include:
- Code 6307.90.40: Surgical masks
- Code 6307.90.90: Other medical masks.
In addition, Circular No. 03/2022/TT-BCT also stipulates the codes of medical gloves, costumes for prevention and control of epidemics suspended from import and re-export:
- Medical gloves include:
- Code 3926.20.90: Other medical gloves.
- Code 4015.11.00: Gloves used in surgery.
- Code 4015.19.00: Other medical gloves.
- Costumes for prevention and control of disease:
Code 6210.10.90: Anti-disease kits (including clothing, glasses, medical masks, helmets, gloves, shoes)
In addition, for shipments of medical masks, medical gloves, anti-disease kits (including clothing, glasses, medical masks, helmets, gloves, shoes) have carried out customs procedures temporarily imported from January 1, 2022 to before March 15, 2022 will continue to re-emerge as prescribed in Decree No. 69/2018/ND-CP.
Circular No. 03/2022/TT-BCT will take effect from March 15, 2022 to December 31, 2022.
7. Guidance on adjustment of pensions, social insurance benefits, monthly allowances
On December 31, 2021, the Ministry of Labor, Invalids and Social Affairs issued Circular No. 37/2021/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances, monthly allowances, the time of pension entitlement in case there are no original dossiers.
According to Article 2 of this Circular, from January 1, 2022, the pension, social insurance allowance and monthly allowance will be increased by 7.4% compared to the pension, social insurance allowance and monthly allowance of December 2021 for the following subjects:
- Cadres, civil servants, workers, officials and employees; Military personnel, people's police and basic workers are enjoying monthly pensions.
- Officials of communes, wards and townships who are enjoying monthly pensions;
- Persons who are receiving monthly labor loss allowances as prescribed by law; people who are receiving monthly benefits before 01/01/2022.
- The level of pensions, social insurance allowances, monthly allowances from January 2022 is calculated as follows:
| Pensions, social protection allowances, monthly allowances from January 2022 | = | Levels of pensions, social insurance allowances, allowances in December 2021 | x | 1,074 |
From 01/01/2022, adjust the level of pension, social insurance allowance and monthly allowance for the following subjects:
- Cadres, civil servants, workers, officials and employees; Military personnel, people's police and basic workers are enjoying monthly pensions.
- Persons who are receiving monthly labor loss allowances as prescribed by law; people who are receiving monthly benefits before 01/01/2022.
- The level of pensions, social insurance allowances and monthly allowances shall be adjusted according to the following formula:
- For persons with pensions, social insurance benefits, monthly allowances of VND 2,300,000/person/month or less:
| The level of pensions, social insurance allowances, monthly allowances after adjustment | = | The level of pensions, social insurance allowances, monthly allowances before adjustment | + | 200,000 VND /month |
- For persons with pensions, social insurance benefits, monthly allowances from over VND 2,300,000/person/month to less than VND 2,500,000/person/month:
| The level of pensions, social insurance allowances, monthly allowances after adjustment | = | 2,500,000 VND/month |
Circular No. 37/2021/TT-BLDTBXH will take effect from March 15, 2022. Regulations on adjustment of pensions, social insurance benefits and monthly allowances shall be implemented from January 01, 2022.
8. New guidance on payment of allowances for occupational accidents and occupational diseases
On December 28, 2021, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 28/2021/TT-BLDTBXH detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Hygiene on the regime for employees suffering from occupational accidents and occupational diseases.
According to the new Circular, the method of payment of the labor accident regime in specific cases has been adjusted.
Pursuant to Clause 2, Article 8, Circular No. 28/2021/TT-BLDTBXH, in case the employee is subject to compulsory social insurance but the enterprise does not pay social insurance to them, he/she must pay the employee who suffers from occupational accidents or occupational diseases the amount corresponding to the allowance regime that should be paid by the social insurance agency.
Previously, the payment of the above amount could be made once or monthly as agreed by the parties.
However, in order to guarantee the rights of employees, the new Circular has added provisions on cases where the parties do not agree on the form of payment, it shall comply with the requests of employees.
This Circular will take effect from March 01, 2022.
Circular No. 04/2015/TT-BLDTBXH and Circular No. 26/2017/TT-BLDTBXH expire from the effective date of this Circular.
9. Compliance monitoring for activities in the securities sector
The Ministry of Finance promulgates Circular No. 06/2022/TT-BTC dated February 8, 2022 guiding the supervision of compliance of the State Securities Commission (SSC) for activities in the field of securities of the Vietnam Stock Exchange and its subsidiaries, Vietnam Securities Depository and Clearing Corporation.
Circular 06 clearly states that the monitoring method of the SSC is based on the report of the Vietnam Stock Exchange and its subsidiaries, the Vietnam Securities Depository and Clearing Corporation; by complaints of organizations and individuals operating on the stock market and sources in the mass media related to compliance with the law in the organization and implementation of securities operation activities of the Vietnam Stock Exchange and its subsidiaries, Vietnam Securities Depository and Clearing Corporation.
On the basis of the annual compliance inspection and inspection plan, the SSC shall carry out periodic inspections for the Vietnam Stock Exchange and its subsidiaries, the Vietnam Securities Depository and Clearing Corporation and organize unscheduled inspections when necessary.
This Circular will take effect from March 24, 2022.
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