Vietnam Covid-19 Outbreak - How to Deal With Employee Who Is In Quarantine Due To Government Order?

Employees being quarantined at Government facilities

Vietnamese authorities require:

  • all persons who have been in direct and close contact with a confirmed Covid-19 patient (commonly referred in Vietnam as F1 Suspects) to be put into mandatory quarantined at Government facilities; and

  • all persons who have been in direct and close contact with a F1 Suspect to be self-quarantine at home (commonly referred in Vietnam as F2 Suspects).

The standard quarantine period is 14 days.

For F1 Suspect, there following options may be available:

A Comparison Between Vietnam’s Trade In Service Commitments under WTO and EVFTA

The full text of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Agreement (CPTPP) and the Free Trade Agreement between Vietnam and European Union (EVFTA) have been made available for public information. A table comparing the existing commitments of Vietnam under WTO Agreement, and EVFTA Agreement for certain service sectors can be downloaded here. The comparison is done by Tran Thuy Tien and Le Minh Thuy.

Notes:

  • Vietnam’s specific commitments are contained in two Annexes (Annex I and Annex II) of Chapter 9 of the CPTPP and Chapter 8 and Annex 8-B of the EVFTA Agreement. The list below covers specific commitments in specific sectors or sub-sectors. But there are commitments which apply to all sectors and are not listed in here.

  • CPC codes are as used in the Provisional Central Product Classification.

  • No limitation means no limits on national treatments in terms of Foreign ownership, forms of investment or other restriction.

  • Branching is generally not allowed unless otherwise indicated.

Mortgage registration of public securities at Vietnam Securities Depository and Clearing Corporation

Under the new Securities Law 2019, the Vietnam Securities Depository and Clearing Corporation (VSDCC) will replace the current Vietnam Securities Depository and will have the authority to register the security interest (such as mortgage or pledge) over securities centrally registered at VSDCC (public securities). Currently, security interest over public securities is registered with the NRAST, an agency under the Ministry of Justice. Although it is not clear, it is likely that the registration of mortgage of public securities will be completed at VSDCC instead of registration with NRAST. The registration of security interests over public securities with VSDCC is still subject to guidance by the Government. However, there are several issues which may arise from the change contemplated by arising from this new authority of VSDCC:

  • In essence, registration of security interest is an administrative procedure which should be done by a Government authority. Accordingly, VSDCC is a company with profit making purpose may not suitable to exercise the rights of a Government registrar;

Vietnam Covid 2019 Outbreak - How to deal with employees confirmed to be positive for Covid-19?

For any employee who is tested being positive for Covid-19 and is known to the employer, the employer is entitled to require the employee to take sick leave in accordance with the Social Insurance Law 2014. That said, this may not be necessary, since the Government requires all Covid-19 confirmed patients to be put into mandatory quarantine and treatment in a hospital.