VIETNAM LEGAL UPDATES VOL 26, NOVEMBER 2021

LEGAL UPDATES VOL 26, NOVEMBER 2021

LEGAL UPDATES
VOL 26, NOVEMBER 2021

Dear Valued Clients and Partners,

ADK & Co Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 26 of November 2021 with new legal provisions with notable contents as follows

1. The Ministry of Culture, Sports and Tourism released temporary guidance on piloting welcoming international tourists to Vietnam

To stipulate tourism recovery, on 05 November 2021, the Ministry of Culture, Sports and Tourism released Temporary Guidance No. 4122/HD-BVHTTDL on piloting welcoming international tourists to Vietnam. Accordingly, the roadmap is divided into 3 phases as follows:

- Phase 1: from November 2021, international arrivals shall participate in package tours to Phu Quoc city (Kien Giang), Khanh Hoa, Quang Nam, Da Nang and Quang Ninh provinces;

- Phase 2: from January 2022, tourists can participate in travel programs that combine multiple destinations designated in phase 1 (other localities might be added later) after completing their tour at the first destination within 7 days; and

- Phase 3: based on the pandemic situation and the evaluations of the results of the two phases above, Vietnam will consider fully reopening to the international tourist market.

To participate in the pilot plans, international travel enterprises and service providers for tourists are required to comply with regulations on epidemiological safety, all participants directly involved in the process of welcoming and serving tourists must receive full doses of COVID-19 vaccine and to train their staff on COVID-19 safety. In addition, such enterprises must meet the following conditions:

i) For international travel agencies:

- Developing a plan to welcome guests, a plan of organizing tour safely during the pandemic, a plan of incident responses, a commitment of fully complying with regulations while participating in the pilot program, and then submitting them to the Vietnam National Administration of Tourism, their local Departments of Tourism to summarise and notify relevant authorities.

- Having direct contracts, which clearly specify responsibilities for providing safe services to tourists and plans of coordinating to response incidents, with service providers.

- Supporting tourists (on procedures, service cancellation/postpone,...) in case they are F0, F1, or they cannot return home for other reasons. In case the tourists do not pay the related expenses, the enterprise is responsible for the payment to relevant units.

- Setting up a hotline, arranging staff and employees as focal points to support tourists.

ii) For enterprises providing services, participating in welcoming tourists in the area:

- Registering and committing to local authorities to ensure safe tourist service plans and incident response plans.

- Training for their employees on supporting tourists for rapid testing and keeping of results.

- Registering QR codes of locations on the application or website www.qr.tokhaiyte.vn, requiring tourists to scan their QR code on their entering and leaving.

- Accommodation facilities to arrange “buffer” rooms to temporarily isolate cases with suspected symptoms of COVID-19.

- Assigning trained medical staff to monitor the health of tourists, guiding the collection of COVID-19 test samples, gathering results and coordinating in organizing epidemic prevention activities when necessary. Medical staff must always follow the “5K message” during their work; using protective clothing (PPE) only when performing procedures for suspected COVID-19 cases.

- Planning and organizing random and periodic screening tests for employees and people at high risk of COVID-19 infection.

- Informing and guiding tourists about the regulations on prevention of COVID-19 before and during their travel in Vietnam.
- Setting up a hotline, assigning staff and employees as focal points to support tourists.

- Registering and daily self-evaluating their COVID-19 safety situation at http://safe.tourism.com.vn that connects to the national COVID safety system.

- Having full contracts, which clearly specify each party’s responsibilities in ensuring disease safety for tourists, and incident responses, with outbound tour operators.

It should be noted that the guidance will be updated and adjusted in accordance with policies and regulations on entry and exit procedures, on prevention and control of COVID-19 and other regulations of ministries and departments per practical launches and implementation in every phase. During the implementation process, the Ministry encourages agencies and entities to report any issues to the Ministry, based on which the Ministry will amend and supplement the the guidance promptly.

2. Supplementing regulations of contents, forms of Certificates of compulsory fire and explosion insurance

On 8 November 2021, the Government issued Decree 97/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree 23/2018/ND-CP dated 23 February 2018 on regulations on compulsory fire and explosion insurance. The Decree adds Article 7a, which stipulates mandatory contents that must be shown on the Certificate of compulsory fire and explosion insurance, including:

- Name and address of the insurance enterprise, the insurance buyer, the insured person;

- Belonging to the list of establishments (specify which establishments are on the list of establishments having fire and explosion hazards according to laws on fire prevention and fighting);

- Address of the insured property;

- Insured property;

- Insurance money;

- Insurance deductible;

- Duration of insurance;

- Rate of insurance premiums and premiums;

- Name, address, phone number of the insurance company’s hotline;

- Date, month and year of issuance of the Certificate of Insurance.

In terms of form, insurers are allowed to proactively design as long as the above contents are fully shown. Moreover, in case an enterprise issues an electronic insurance certificate, the insurer must comply with the Law on Electronic Transactions and relevant regulations; such electronic insurance certificate must fully comply with current regulations and fully reflect the above provisions.

3. Deputy Prime Minister Vu Duc Dam proposed that the Ministry of Labor, Invalids and Social Affairs and local authorities consider offering aid packages for workers who return to cities to work.

At the question-and-answer session of the 2nd Session of the 15th National Assembly, on the morning of 11 November 2021, Deputy Prime Minister Vu Duc Dam mentioned that a large number of workers leaving areas, mainly the Southeast region, and moving back to their hometowns, which causes labor shortage.

The Deputy Prime Minister highlighted that it is necessary to formulate policies that encourage employees to return to work to restore production and simultaneously ensure their rights and benefits, especially for poor employees. Enterprises need to commit, or local authorities support, that if the epidemic breaks out, they will pay a part of the salary to the employees.

In addition, the Deputy Prime Minister also raised the issue of improving the living conditions of employees, especially housing problems for employees. He emphasized that Vietnam would have to “accept to gradually give up of cheap labor and move into a place with higher added value” in the near future.

We hope you found this brief legal update informative.

Kind regards.

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