Prominent policies of Vietnam in effect as of August 2016 (Part 2)

1. Formally applying safeguard measures against steel ingots and long steel products imported into Vietnam

Decision No. 2968/QD-BTC issued by the Ministry of Trade and Industry of Vietnam on 18 July 2016 on the application of safeguard measures takes effect from 02 August 2016.

According to the Decision, safeguard measures are officially applicable to the products including steel ingots (alloy and non-alloy) and long steel products (alloy and non-alloy) which are imported into Vietnam, as follows:

–   The duration of safeguard measures is 04 years from the effective date of the Decision No.862/QD-BCT on applying temporary safeguard measures (dated 22 March 2016).

–   Safeguard measures are imposed on products imported from all countries/territories, except for:

+ Developing countries or underdeveloped countries whose quantity of products exported to Vietnam does not exceed 3% of its total imports into Vietnam; and

+ Provided that total imports of such countries/territories collectively account for not more than 9% of total imports of the product concerned in Vietnam.

The roadmap of applying safeguard measures is defined in detail in this Decision.

2. New guideline for registration of land use right mortgages

Joint Circular No. 09/2016/TTLT-BTP-BTNMT, in effect as of August 08, 2016, provides guidelines for the registration of mortgages of land use right and property attached to land.

Prominent details are:

– Regulations on mortgaging of land use right and property attached to land, which include the registration of mortgages of assets as a guarantee for mortgagors’ or other entities’ fulfillment of duties.

– Land registration offices cannot modify any details of a mortgage contract if errors detected do not accord with Section 1, Article 9 of this Circular.

– Clear distinction between the registrations of mortgage for off-plan property attached to land and of mortgage for existing property attached to land which has been not yet certified.

– Addition of 02 methods of registration of land use right mortgages: via online registration or delivery-guaranteed mail.

3. New guidance on the entry, exit and residence of foreigners in border economic zones

Minister of Public Security and Minister of National Defense promulgate Joint Circular No. 03/2016/TTLT-BCA-BQP to provide the guidance on the entry, exit and residence of foreigners in border economic zones.

Accordingly, a foreigner who enters a border economic zone must:

– Present any of the following entry documents:

+ Passport or papers valid for international travel, which do not expire in fewer than 06 months;

+ Valid border pass and other lawful documents , which do not expire in fewer than 45 days, as per the law and in conformity to international agreements between Vietnam and neighbor countries.

– Stay in border economic zones no more than 15 days after entry.

– In case of wishing to travel to other regions in Vietnam, he/she must, via an international travel company operated in Vietnam, submit an application for visa to the Immigration Administration Office directly under the Provincial Police in where the border economic zone is located.

This Circular takes effect as from 08 August 2016.

4. New regulation on issuance of APEC business travel cards.

The Circular No. 28/2016/TT-BCA guiding the implementation of Regulation on issuance and management of APEC Business Travel Card (hereinafter abbreviated to ABTC) takes effect as of 20 August 2016.

Accordingly, the issuance and management of ABTC is stipulated as follows:

– ABTC is issued to Vietnamese businessman with a valid term of 05 years from the issuance date (under current regulations, the valid term is only 03 years).

– In case where the passport of a businessman remains valid for less than 05 years, the valid term of the to be-issued ABTC shall be equivalent to that of the passport.

– To request for new issuance, re-issuance of ABTC, a businessman may sign in the electronic system of Immigration Administration Office to register information under X05 Form attached to this Circular.

– In case of online registration as mentioned above, a businessman may pay fee online to the account of Immigration Administration Department.

This Circular replaces Circular No. 10/2006/TT-BCA and Article 2 of the Circular No. 07/2013/TT-BCA.

5. Supports for laborers working abroad under contracts

Joint Circular No. 09/2016/TTLT-BLDTBXH-BTC provides supports for laborers working abroad under contracts (hereinafter referred to as guest workers) prescribed in the Government’s Decree No. 61/2015/ND-CP, as follows:

– Support for foreign language training is, according to actual fee and time of each course, up to a maximum amount of VND 3 million per course for a person;

– Support for check-ups cost is, according to prices of actual check-ups and treatment of medical facilities permitted to provide check-ups services for guest workers, up to a maximum amount of VND 750,000 per worker;

– Financial support for risk settlement throughout the overseas working time is prescribed in Point a Clause 3 of Decision No. 144/2007/QD-TTg.

In addition, the Joint Circular also provides other financial support for food expenses, travel expenses and expenditures on procedures for guest workers.