Official Notice: Supporting and assisting affected companies to recover and quickly get back on track

PM Nguyen Tan DungOn May 20, 2014, Prime Minister Nguyen Tan Dung chaired a discussion on how to support and help affected companies recover from the recent law-breaking actions in specific locations. After hearing reports by relevant ministries, agencies and municipalities, the Prime Minister gave the following conclusive instructions.




GOVERNMENT OFFICE                                         SOCIALIST REPUBLIC OF VIETNAM

Ref. No. 207/TB-VPCP Hanoi, May 20, 2014
Definitive remarks of Prime Minister Nguyen Tan Dung on supporting and assisting affected companies to recover and quickly get back on track

Kết luận của Thủ tướng Chính phủ Nguyễn Tấn Dũng về việc giúp đỡ, hộ trợ các doanh nghiệp khắc phục thiệt hại, sớm trở lại sản xuất kinh doanh, 207/TP-VPCP, 20/5/2014

On May 20, 2014, at the Government headquarters, Prime Minister Nguyen Tan Dung chaired a discussion on how to support and help affected companies recover from the recent law-breaking actions in specific locations. Participants in the meeting include Minister of Planning and Investment Bui Quang Vinh, Minister of Finance Dinh Tien Dung, State Bank Governor Nguyen Van Binh, Minister and Government Office Chief-of-staff Nguyen Van Nen, senior representatives of the Ministries of Foreign Affairs, Industry and Trade, Labor-Invalids-Social Affairs, and senior representatives of the provinces of Binh Duong, Dong Nai and Ha Tinh.

After hearing reports by relevant ministries, agencies and municipalities, the Prime Minister gave the following conclusive instructions.

In the last few weeks, Vietnamese from all over the country have strongly opposed China’s illegal placement of a drilling rig inside Vietnam’s territorial waters. Unfortunately, some of the demonstrators committed unlawful actions by damaging public, private and corporate property, including that of foreign-invested enterprises, and resisting arrest, which adversely affected public security, social safety and order, and companies’ business operation.

In response, the government has taken the lead in providing in a coordinated fashion timely deterrent measures and imposing rigorous penalties on the perpetrators. Social security, safety and order have been restored. Most companies have returned to normal business operation. The government has taken continued and necessary actions in compliance with the law and international engagements to guarantee utmost security and safety for international agencies, companies and individuals in Vietnam. To support and help companies to recover from the damages inflicted and promote production and business, the Prime Minister has requested that:

  1. The Ministry of Foreign Affairs continue updating in full relevant nations and regions of the current status and the government’s aforesaid leadership actions; nations are requested to encourage their companies to keep their mind at rest and continue to invest and do business in Vietnam;
  1. Relevant ministries, agencies, local governments, businesses and workers take a sharing approach and work closely with each other to help clear the aftermaths and promote business operations for the greater good; Ministries, agencies and local governments will meet face-to-face with businesses in a constructive manner and take every action needed to support and help affected victoms. Key actions include:

a)    The provincial level People’s Committes of locations where affected companies are based shall send their officers to meet face-to-face with every affected company, to update of the situation on the ground, and at the same time let businesses know of the focal agencies in charge of any concerns relating to administrative procedures, especially recovery support, confirmation and provision of documentations, credentials and certificates used for valuation of damaged property, and application of relevant policies and regimes. In case such documentations, credentials and certificates are lost, such agencies may initiate procedures based on the applicants’ affidavit and ex post verification.

b)    The Ministry of Finance shall, as a lead agency, work with relevant ministries, agencies and local governments to:
–       Assist insurance companies to determine and list affected companies’ damages as insured property; quickly determine the damage value for compensation with simplified and trimmed down procedures; paying advanced indemities for confirmed insured parties;
–       Advise tax and customs administrations to consider the actual level of damages inflicted by affected companies and allow delayed tax filings, extend payment time lines for taxes and other payables to the state coffers for outstanding unpaid amounts prior to May 2014, equivalent to the damages inflicted. Such extension shall not exceed 02 years, with delayed payment penalty waived for affected companies.
–       Advise customs administration to consider duty and tariff exemption and reduction in accordance with existing laws and duty and tariff rebates for damaged imported and exported goods; allow clearance of imported and exported goods of affected companies with duty and tariff arrears; –       Advise tax administration to speed up input value added tax withholding or rebate for damaged goods and services that are not compensated for, including those for which documentations and invoices have been lost;
–       Advise tax administrations to help affected businesses list as deductible expenses when they determine payable corporate income any damage value that is not compensated or not qualified for compensation, and interest of loans obtain to secure paid-in capital for remedial actions.
–       Consider cutting up to 30% of the payable special sales tax for 2014, but not in excess of the value of the damaged property after compensation.

c)     The provincial level People’s Committees shall allow land rental exemption or reduction for the affected companies. In case of companies taking damages to any rented infrastructure that comes with the land use right, land rental exemption or reduction will be given to the infrastructure operator. Deductions will be made respectively to the infrastructure rental of the affected businesses.

d)    The Ministry of Labor-Invalids-Social Affairs shall advise local governments to take necessary actions to support and provide timely replacement for the missing workforce. The Ministry of Public Security shall facilitate to the extent possible a fast entry visa granting process for incoming international investors and workers in relation to the affected companies and those in need of worker reinforcements. To meet the current pressing needs for employees, immediate applicability will be given to the requirement of international experts in Vietnam to have college education or above, or 5-year working experience in the intended field of expertise; and non-nationals being resident in Vietnam for six months or longer who need to obtain a work permit will only be required to present a judicial background certificate released by a Vietnamese competent agency.

For any affected companies that are not yet able to recover and pay employees’ salaries for April through to June 2014, the Ministry of Labor-Invalids-Social Affaris and Vietnam Social Security Administration will, in cooperation with provincial level People’s Committees, coordinate register review and use rulings on unemployment insurance to help cover payment of the employees’ unpaid wage.

The Ministry of Labor-Invalied-Social Affairs will, as a lead agency and in cooperation with the Ministry of Finance, consolidate performance status from various municipalities and report to the Prime Minister, with recommended remedies and response alternatives for after June 2014.

dd)The State Bank of Vietnam shall advise financial institutions to proactively take timely and necessary actions to tackle any challenges in transactional and lending relations, to help businesses to quickly recover and enhance business operation.

e)    The Ministry of Public Security shall expressly coordinate investigations to bring to justice and strictly penalize any law-breaking actions, while at the same time make every effort in searching for, redeeming and returning any lost property and equipment to affected agencies, individuals and companies. The Government Office hereby releases this notice to various ministries, agencies, entities and provincial level People’s Committees for their acknowledgement and implementation.

Nguyen Van Nen

– Prime Minister and Vice PMs;
– Ministries, ministerial level agencies, government Affiliates;
– Provincial level Party Commissions, People’s Councils and PCs;
– Central Party Headquarters;
– National Communication and Education Committee,National Economics Committee;
– National Assembly Office;
– President’s Office;
– Gov. Office:, Vice Ministers, Assistant to PM; Departments of Gen. Affrs., General Economics, Economic Sectors, Comm.-Edu.-Cultr.-Social Affrs., Corporate Innovation, Internal Affrs., Secretaryship-Editing, V.I, V.III, Int’l Relations, Website General Mgr.; – For filing: Admin., Int’t Relations (3b), 255.