legal alert02 sept2021

Legal Alert No.02 | September 2021

What Do Enterprises Benefit From Government Resolution 105?
In an attempt to assist in the timely disentanglement of difficulties, obstacles and bottlenecks hindering production and business activities of enterprises hit by the Covid-19 pandemic, on 09 September 2021, the Government issued a Resolution 105/NQ-CP (Resolution 105) on supporting enterprises, cooperatives and business households in the context of the Covid-19 pandemic by enabling new policies that directly favor the production and business activities of enterprises.

  1. Enterprises may import vaccines and conduct self-testing for Covid-19

Enterprises are entitled to import vaccines; purchase biological products, testing equipment; self-test for employees and more importantly, the test results are recognized by the competent authority.

  1. Expanding the subjects to priority vaccination

Resolution 105 adds subjects to priority vaccination who are employees of (i) enterprises in key economic zones, economic zones, high-tech zones, industrial parks and industrial clusters; (ii) enterprises processing agricultural and aquatic products, enterprises in the supply chain that are dealing with production orders, import and export activities, and use many labor personnel; and (iii) enterprises operating in the field of goods circulation and seaports.
Employees working at key national and local projects and workers in high-risk fields will also be given priority vaccination.

  1. No more “sub-licenses” that obstruct the circulation of goods are allowed

Resolution 105 prohibits localities from creating “sub-licenses”, conditions that hinder the circulation of goods, especially essential goods in service of residents’ lives and production materials and raw materials.

  1. Enterprises are exempted or reduced from social insurance premiums and union fees

Enterprises and employees will be entitled to a reduction in payment or support from the balance of short-term social insurance funds; exempt from fines for arising late payment of social insurance in 2020 and 2021 and exempt from paying trade union dues for union members at enterprises hit by the Covid-19 pandemic in 2021 and 2022.

  1. Enterprises are allowed to submit scanned documents for customs clearance of goods

Enterprises only need to submit scanned copies certified by digital signatures with documents in the form of mandatory paper / notarized / certified true copies to solve bottlenecks upon clearing goods. These documents will be additionally submitted after the goods are cleared for post-inspection.

  1. Continuing to supplement the policy of rescheduling the repayment term

In addition to rescheduling the repayment term according to Circular 14/2021/TT-NHNN, the State Bank will continue to add preferential policies for customers hit by the Covid-19 pandemic to expand the subjects, scope and debt repayment rescheduling term; exempt, reduce interest, fees or maintain the same debt group.

  1. Easing conditions for granting and extending work permits for foreigners

Foreign workers working in Vietnam will be relieved of a number of regulations and conditions on the grant, extension, and certification of work permits specified in Decree 152/2020/ND-CP such as conditions on qualifications and appropriate years of work experience, technical expertise as well as documents proving expertise and technical employment.
Resolution 105 allows foreign workers who have been granted work permits that are still valid to be sent, dispatched or seconded to work in another province or city for a period of no more than 6 months without having to renew a work permit. Enterprises only need to report to the labor management agency where the foreign worker comes to work.
Resolution 105 takes effect from 09 September 2021.

Scroll to Top