SUPPORTING ENTERPRISES, COOPERATIVES, AND BUSINESS HOUSEHOLDS AMID THE COVID-19 PANDEMIC UNDER THE GOVERNMENT’S RESOLUTION NO.105/NQ-CP

In order to promptly remove difficulties and barriers caused by the COVID-19 pandemic’s negative impact and support enterprises, cooperatives, and business households to recover production and business activities, recover and create momentum for development in the coming time. On September 9, 2021, the Vietnamese Government issued Resolution No. 105/NQ-CP on supporting enterprises, cooperatives, and business households amid the COVID-19 pandemic (“Resolution No.105”). FUJILAW hereby cites certain notable points on supporting enterprises specified in the Resolution No.105, as follows:

1. For the creation of favorable conditions for enterprises, cooperatives, and business households to recover, maintain and develop production and business activities in association with ensuring safety in disease prevention and control

– The Ministry of Health continues to rationally and effectively allocate COVID-19 vaccine resources according to the Government’s resolutions, supplementing priority subjects for vaccination, including employees of enterprises, cooperatives, and business households in key economic zones, economic zones, high-tech zones, industrial parks, industrial clusters, areas for production and business, and processing of agricultural and aquatic products; enterprises in the supply chain that have production orders or import and export activities, and use a lot of labor; enterprises, cooperatives, business households that operate in the domain of goods circulation or seaport; persons involved in national and local key projects; workers in high-risk sectors. Continuing to supplement appropriate priority subjects for vaccination to meet the requirements of production and business development in other necessary industries and fields;

In addition, in September 2021, the Ministry of Health shall promulgate documents guiding enterprises, cooperatives, and business households to purchase biological products and testing equipment, conduct self-testing, and recognize test results.

– The Ministry of Information and Communications shall support enterprises, cooperatives, and business households to access information technology infrastructure in service of online and remote work; strictly handle cases of posting and spreading false or unverified information, causing public anxiety in accordance with law provisions.

2. For the assurance of stable production and smooth, efficient, and safe circulation of goods, overcoming supply chain disruptions

– The Ministry of Transport to instruct localities to uniformly implement the “green channel” of road and waterway transport nationwide, inter-provincially and inter-regionally to transport goods safely and smoothly on the principle of simplifying procedures, speeding up, and being convenient; exploit the advantages of rail freight in the product supply chains; not stipulate additional conditions and permits to obstruct the circulation of goods, especially for essential goods serving people’s lives and production materials; not allow negative events to increase costs of enterprises, cooperatives, and business households.

– The Ministry of Industry and Trade supporting enterprises, cooperatives, and business households to participate in online trade promotion programs; connecting supply and demand, fairs and exhibitions in the digital environment; continuing to support localities to boost the consumption of agricultural products in the domestic market and expand exports to markets with great potential.

– The Ministry of Finance shall direct the General Department of Customs to allow enterprises, cooperatives, and business households to submit scanned copies certified by digital signatures for documents that must be submitted as originals in the form of paper/notarized/certified copies in accordance with regulations of ministries and agencies to solve bottlenecks upon clearing goods; enterprises, cooperatives, and business households shall supplement such documents after the goods are cleared for post-inspection. In addition, the Ministry also instruct customs departments and local sub-departments to allocate sufficient resources to organize customs clearance in a continuous, timely, and safe manner, promptly meeting the requirements of enterprises manufacturing and processing components in the domains of electronics and high technology; enterprises, cooperatives, and business households importing essential goods for disease prevention and treatment, medical nutrition food and milk for children.

– The State Bank of Vietnam shall direct, monitor, and urge credit institutions to deploy and take solutions to support and remove difficulties in loans for traders, enterprises, cooperatives, and business households that purchase and temporarily store paddy and rice, especially in the Mekong Delta.

3. For the support to reduce costs, relieve financial and cash flow difficulties for enterprises, cooperatives, and business households

– The Ministry of Labor, Invalids and Social Affairs for the promulgation of policies related to the reduction of contributions or support from the balance of the social insurance fund in a short term to promptly provide support to employees, businesses, cooperatives, business households, and other groups of employers, such task must be completed in September 2021. Besides, this Ministry shall direct and guide the Vietnam Social Security to research and propose exemption from fines for late payment of social insurance arising in 2020 and 2021 in accordance with law regulations, such task must be completed in September 2021.

– The Ministry of Finance to implement policies on the relaxation and reduction of taxes, fees, charges, and land rentals after being promulgated by competent agencies; implement preferential tax policies for imported goods to finance COVID-19 prevention and control after being approved by the Government.

– The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with the Ministry of Justice and relevant ministries and agencies to soon allow travel service businesses to receive an 80% reduction in deposit for travel service business by the end of 2023, reduce the time for settlement of deposit refunds for travel services from 60 days to 30 days.

– The State Bank of Vietnam to urgently research to amend and supplement policies and regulations on debt rescheduling, exemption and reduction of interest and fees, and maintenance of the same debt group for customers affected by the COVID-19 pandemic in the direction of expanding the objects, scope, and duration of the policy to suit the actual development of the pandemic, such work must be completed in September 2021.

– The Vietnam General Confederation of Labor is requested to perform the following tasks:

(i) To consider waiving trade union fees for union members at enterprises and cooperatives affected by the COVID-19 pandemic in 2021 and 2022 so that employees are conditioned to overcome difficulties and commit to such business or cooperative;

(ii) To report to the Standing Committee of the National Assembly to allow businesses and cooperatives affected by the COVID-19 pandemic to reduce their union dues in 2021 and 2022 in accordance with a simplified order and procedure;

(iii) In the process of amending the Law on Trade Union, to study and assess the impact to consider reducing the level of trade union dues;

(iv) To propose additional practical solutions to support employees, share and accompany businesses and cooperatives to overcome difficulties caused by the COVID-19 pandemic.

4. For the creation of favorable conditions for employees and experts, The Ministry of Labor, War Invalids and Social Affairs is directed to perform the following tasks:

– In September 2021, The Ministry of Labor, War Invalids and Social Affairs shall direct localities to flexibly implement and relax some regulations and conditions on the grant, extension and confirmation of work permits for foreign employees working in Vietnam to be in line with the new context but the absolute safety in terms of COVID-19 prevention and control must be ensured, specifically:

(i) The provisions at Point a, Clause 3, Article 3 of the Decree No. 152/2020/ND-CP shall be implemented as follows: Having a university degree or higher or equivalent and having at least 3 years of working experience relevant to the job that such foreign worker is expected to work in Vietnam;

(ii) The provisions at Point a, Clause 6, Article 3 of the Decree No. 152/2020/ND-CP shall be implemented as follows: Having been trained in a technical or other disciplines for at least 01 year and having at least 03 years of working experience suitable with the job position that such the foreign worker is expected to work in Vietnam;

(iii) The provisions at Point b, Clause 4, Article 9 of the Decree No. 152/2020/ND-CP shall be implemented as follows: Documents proving to be an expert or technical worker as prescribed in Clause 3 and Clause 6, Article 3 of this Decree shall be: Diplomas, certificates; a written certification from an agency, organization or enterprise in the foreign country about the number of years of experience of such expert, technical worker or the issued work permit to prove the working experience;

(iv) The provisions at Point d, Clause 3, Article 8, Clause 7 of Article 9, Clause 5, Article 17 of the Decree No. 152/2020/ND-CP shall be implemented as follows: A copy of the valid passport as prescribed by the law;

(v) To allow foreign employees who have been granted work permits and whose work permits are still valid to be sent, transferred, or seconded to work in another province or city for a period not exceeding 06 months and the employer must report to the labor management agency where such foreign worker comes to work without having to renew the work permit.

Best regards,