Legal Document Updates in English (01/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

152/2014/TTLT-BTC-BGTVT

Joint Circular No. 152/2014/TTLT-BTC-BGTVT dated October 15, 2014 of the Ministry of Finance, the Ministry of Transport guiding the application of by-automobile transportation fare/freight rates and road transportation support service charge rates

 

Re-declaration when changing more than 3% by-automobile transportation fare/freight rates

Page 2

2

78/NQ-CP

Resolution No. 78/NQ-CP dated November 01, 2014 of the Government on tax exemption for the Government bond in the international market in 2014

 

Tax exemption for the Government bond in the international market

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

3

33/2014/TT-BNNPTNT

Circular No. 33/2014/TT-BNNPTNT dated October 20, 2014 of the Ministry of Agriculture and Rural Development providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine

 

Imported trees must be monitored from 6 to 12 months

Page 2

NATURAL RESOURCES – ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

4

1976/QD-TTg

Decision No. 1976/QD-TTg dated October 30, 2014 of the Prime Minister approving the master plan on the national special-use forest system through 2020, with a vision toward 2030

 

Encouraging to develop the special-use forest system

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

5

113/2014/ND-CP

Decree No. 113/2014/ND-CP dated November 26, 2014 of the Government on the management of international legal cooperation

 

International cooperation in lawmaking work

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


RE-DECLARATION WHEN CHANGING MORE THAN 3%
BY-AUTOMOBILE TRANSPORTATION FARE/FREIGHT RATES
 

From December 01, 2014, enterprises, cooperatives and business households engaged in by-automobile transportation business or provision of road transportation support services in the Vietnamese territory, re-declaration of fare/freight rates shall be made by units that increase or reduce their fare/freight rates by more than 3% compared to previously declared fare/freight rates due to change of fare/freight constituents is the content of the Joint Circular No. 152/2014/TTLT-BTC-BGTVT dated October 15, 2014 of the Ministry of Finance guiding the application of by-automobile transportation fare/freight rates and road transportation support service charge rates.

Transportation business units shall declare fare/freight rates to competent agencies at least 5 (five) working days before applying such fare/freight rates. In case of increasing or reducing fare/freight rates by no more than 3%, unit are not required to make re-declaration but shall, before applying

 

them, notify in writing the increased or reduced fare/freight rates to the agency receiving written declarations of fare/freight rates.

Besides, this Circular also prescribes that the form of service charge rate display: Service providers shall publicly announce road transportation support service charge rates in Vietnam dong in appropriate and explicit forms without causing confusion to customers, by printing, sticking or inscribing them on notice boards or paper sheets or otherwise displaying them at ticket counters or transaction places conveniently for customers to see. In addition to the display of service charge rates, they shall publicly announce service charge rates in other lawful forms.

This Circular takes effect on December 1, 2014, and replaces Joint Circular No. 129/2010/TTLT-BTC-BGTVT of August 27, 2010.


TAX EXEMPTION FOR THE GOVERNMENT BOND IN THE INTERNATIONAL MARKET
 

On November 01, 2014, the Government issued the Resolution No. 78/NQ-CP on tax exemption for the Government bond in the international market in 2014.

At the Resolution, the Government decides to exempt the enterprise income tax and personnel income taxes for incomes from Government bond’s interest  in the international  market in 2014, at the same time, the Government appoints the Ministry of Finance to list in the prospectus and the documents supplied to the investors

 

and appoints the Ministry of Justice to insert the legal opinions on issuing international government bonds in 2014.

Previously, at the Resolution No. 64/NQ-CP on the Government’s regular meeting on August 2014, the Government agreed to issue the bond into the international capital market to exchange Government bond issued in 2005 and 2010; accordingly, the new capital resources can be used for pay the maturity debts.

Ü EXPORT - IMPORT


IMPORTED TREES MUST BE MONITORED FROM 6 TO 12 MONTHS
 

On October 30, 2014, the Ministry of Agriculture and Rural Development issued the Circular No. 33/2014/TT-BNNPTNT providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine. This Circular applies to Vietnamese and foreign organizations and individuals engaged in the import, export and transit of, or post-import activities involving, articles subject to plant quarantine in Vietnam and conduct inspection in a prompt manner and detect Vietnam’s plant quarantine objects and control objects and exotic harmful organisms on articles upon import, export and transit or after import.

Within 24 hours since the quarantine starts, the plant quarantine agency shall grant a plant quarantine certificate or a plant quarantine certificate for re-export, if the lot of articles satisfies the importing country’s plant quarantine requirements. In case the time limit for granting a certificate

 

must be extended to more than 24 hours due to technical professional requirements, the plant quarantine agency shall issue a written notice or reply to the article owner, clearly stating the reason. In case the lot of articles fails to satisfy the importing country’s plant quarantine requirements, the plant quarantine agency shall refuse to grant a plant quarantine certificate and notify such to the article owner.

Useful organisms, cuttings, seedlings, bulbs, slips and grafts which are subject to post-import plant quarantine according to pest risk analysis results. The period of post-import inspection, monitoring and plant quarantine of each type of plant variety and useful organisms for scions, cuttings, slips and grafts: from 1 to 2 years; trees: from 6 to 12 months; bulbs: 1 growth cycle; useful organisms: at least 1 generation.

This Circular takes effect on January 01, 2015

Ü NATURAL RESOURCES - ENVIRONMENT


ENCOURAGING TO DEVELOP THE SPECIAL-USE FOREST SYSTEM
 

The Prime Minister issued the Decision No. 1976/QD-TTg dated October 30, 2014 approving the master plan on the national special-use forest system through 2020, with a vision toward 2030 with the objective of conserving and sustainable developing important natural eco-systems, values of natural landscapes, historical and cultural relics and scenic places and endangered, precious and rare species in the special-use forest system; increasing the total area of special-use forests from 2.2 million ha at present to 2.4 million ha by 2020.

Under the Decision, the Prime Minister requests the Ministry of Agriculture and Rural Development and Ministry of Planning and Investment and relevant agencies to review and work out measures to protect forests, conserve nature and biodiversity, restore ecosystems and embellish landscapes; make dossiers for submission to competent authorities for approval: the re-categorization of 3 nature

 

reserves into national parks; the establishment of 1 national park, 4 nature reserves, 6 species/habitat reserves, and 16 landscape protection zones; invest in infrastructure, train human resources and support international cooperation, survey and scientific research activities; to strive to gradually reduce dependence on state budget sources and gradually increase pro-activeness in the management of special-use forests; to encourage communities and enterprises to make financial investment in scientific research and eco-tourism development in special-use forests; To prioritize the creation of mechanisms to generate stable financial sources and mobilize different financial sources, especially from forest environment services and contributions of enterprises and involved parties toward socializing revenue sources to successfully conserve special-use forests…

This Decision takes effect on the signing date

 

Ü ECONOMIC – SOCIAL POLICIES


INTERNATIONAL COOPERATION IN LAWMAKING WORK
 

On November 26, 2014, the Government issued the Decree No. 113/2014/ND-CP on the management of international legal cooperation. The Decree prescribes the management of international cooperation of Vietnamese agencies or organizations with foreign agencies or organizations and international organizations in lawmaking work; legal training and retraining; organization of conferences, seminars and workshops on law within the framework of programs and projects or non-project aid.

It must abide by the Vietnamese Constitution and law, to conform with treaties to which Vietnam is a contracting party, ensure independence, sovereignty, unity, territorial integrity, national security, social order and safety; be ensured publicity, transparency and accountability in implementing international legal cooperation activities; raise

 

the responsibility of heads of managing agencies for ensuring the legality and efficiency in the receipt, management and use of official development assistance (ODA), preferential loans of donors and foreign non-governmental aid in international legal cooperation… Cooperation on lawmaking shall be implemented in the form of supply of specialists, support in information and documents, organization of surveys for lawmaking and organization of lawmaking conferences or seminars with the use of ODA, preferential loans of foreign donors or foreign non-governmental aid. This Decree takes effect on March 1, 2015, replacing the Government’s Decree No.78/2008/ND-CP of July 17, 2008, on management of legal cooperation with foreign countries.

This Circular takes effect on January 1, 2015

 

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