Legal update September 2020
Admin - 28/09/2020

 

From 15 September 2020, Vietnam officially reopened 06 international air routes

 

From 15 September 2020, the Notice No.330/TB-VPCP on the conclusion of the Deputy Prime Ministry Pham Binh Minh in the meeting on allowing the regular international commercial flights between Vietnam and some partners officially is applied. Accordingly, the individuals, organizations need to note the notable points, as follows:

 

1. Resume 06 regular international commercial routes

 

(i) From 15 September 2020, resuming the air routes as follows: Vietnam-China (Guangzhou), Vietnam-Japan (Tokyo), Vietnam-Korea (Seoul), Vietnam – Taiwan, China (Taipei);

 

(ii) From 22 September 2020, resuming the routes of Vietnam – Cambodia (Phnom Penh), Vietnam – Laos (Vientiane);

 

(iii) Frequency will not exceed two flights/week for each party and each partner; and

 

(iv) The total number of persons on each flight, fees and other entry conditions shall be decided based on the principle of reciprocity for each partner.

 

 

2. The regulation on entry conditions for foreigners who are the experts, investors, business manager, high technique workers and relatives; foreign relatives of Vietnamese citizens (excluding people transiting from third countries)

 

They are required to have (i) The RT-PCR Certificate of negative with SARS-CoV-2 virus issued by the local health authority within 3 days prior to boarding (except for some locations that do not issue this certificate); (ii) Be tested the RT-PCR test immediately upon entry at the quarantine location; and (iii) Be quarantined at factories, headquarters of the enterprises or hotels, accommodation facilities in accordance with the regulations.

 

 

 

Hazardous waste treatment license is extended until the end of 31 December 2021

 

From 11 September 2020, the Resolution No.129/ND-CP on the regular meeting of the Government in August 2020 officially took effect. Accordingly, individuals and organizations need to note the notable points as follows:

 

1. Extend time, reduce the difficulties for enterprises related to the environmental regulations

 

(i) Entities required to perform automatic and continuous wastewater monitoring must install automatic and continuous wastewater monitoring system until 31 December 2021 (instead of 31 December 2020);

 

(ii) In case, the License of hazardous waste treatment is valid for less than 12 months from 01 July 2019, it will be extended to the end of 31 December 2021;

 

(iii) In case, the Certificate of eligibility for environmental protection in import of scrap as production materials was expired or is still valid for less than 12 months, it will be extended until 31 December 2021;

 

(iv) It is not necessary to re-conduct the approved environmental impact assessment report if there is no changing of location, increasing the scale of capacity.

 

 

 

The written approval for the trader to self-certify the origin of goods is valid two (02) years from the date of issuance

 

From 27 September 2020, the Decree No.19/2020/TT-BCT amending, supplementing the Circulars regulation on implementing the goods origin rules in the ASEAN Trade in Goods Agreement will officially take effect. Accordingly, the individuals and organizations need to note the notable points, as follows:

 

1. Amend, supplement the regulation on the conditions of the exporters to be able to self-certify of origin of good

 

(i) The trader is the producer and also the exporter;

 

(ii) The trader does not commit violations against regulations on goods origin over the last 02 (two) years prior to the date of application to self-certify of origin of goods; and

 

(iii) One or some employees of the trader are provided with training of training in goods origin by a training institution appointed by the Ministry of Industry and Trade or the Import-Export Department (Ministry of Industry and Trade)

 

2. Changing the duration of the written approval for the trader to self-certify the origin of goods

 

The written approval is valid two (02) years as from the issuance. The traders are only allowed to issue the documents of self-certifying of origin of goods within the effective period of the written approval.

 

 

 

The specific guidelines on testing Covid-19 for the persons wishing to exit Vietnam

 

From 11 September 2020, the Official Dispatch No.4847/BYT-DP on testing Covid-19 for the persons wishing to exit Vietnam officially took effect. Accordingly, the individuals and organizations need to note the notable points, as follows:

 

1. The regulation on the procedure of granting the Certificate of negative for SARS-CoV-2 virus to the individuals, organizations having demand

 

(i) The foreigners who are living and working in Vietnam, Vietnamese citizens who wish to exit Vietnam and apply for the certificate of negative SARS-CoV-2 testing need: (i) Propose the diplomatic mission or the United Nations organization in Vietnam or the organization or unit sending Vietnamese to work or study abroad (the “Organization”) to make a specific list; and (ii) submit the list of applicants for such certificate to the standing body of the National Steering Committee for COVID-19 Prevention and Control (Ministry of Health) or standing bodies of provincial steering committees for COVID-19 prevention and control (Departments of Health) for consideration and guidance on testing; and

 

(ii) Testing facilities conduct the tests and grant the Certificates of negative SARS-CoV-2 testing to applicants.

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