Legal Document Updates in English (04/2017)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

28/2016/TT-BCT

Circular No. 28/2016/TT-BCT dated December 05, 2016 of the Ministry of Industry and Trade providing for importation according to tariff quota of 2016 and 2017 with special preferential import duty rate of 0% applicable to goods of Cambodian origin

 

* To apply 0% applies to rice and dried tobacco of Cambodian origin

Page 2

LABOR – SALARY

 

LABOR  - SALARY

2

42/2016/TT-BLDTBXH

Circular No. 42/2016/TT-BLDTBXH dated December 28, 2016 on indexing factor in calculation of average monthly income for which social insurance has been paid

 

* To adjust average monthly income for which social insurance

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

33/2016/TT-NHNN


Circular No. 33/2016/TT-NHNN dated December 27, 2016 of the State Bank of Vietnam on ratios of revenues of asset management company of Vietnamese credit institutions to bad debts bought with special bonds

 

* VAMC must report bad debts before 02 of March before the financial year

Page 2

EXPORT - IMPORT

 

EXPORT - IMPORT

4

169/2016/ND-CP

Decree No. 169/2016/ND-CP dated December 27, 2016 of the Government on handling of cargo retained by carriers at Vietnamese seaports

 

* The carrier may sell cargo if there is no consignee at auction

Page 3

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING – VOCATION

5

28/2016/TT-BXD

Circular No. 28/2016/TT-BXD dated December 15, 2016, amendments to the Circular No. 10/2015/TT-BXD providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD providing regulations on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016 by the Ministry of Construction

 

* To change the principles of the management board of a apartment building

Page 3

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


TO APPLY 0% APPLIES TO RICE AND DRIED TOBACCO
OF CAMBODIAN ORIGIN
 

On December 05, 2016, the Ministry of Industry and Trade issued the Circular No. 28/2016/TT-BCT providing for importation according to tariff quota of 2016 and 2017 with special preferential import duty rate of 0% applicable to goods of Cambodian origin.

In particular, in 2017, The import tariff quota with the special preferential import duty rate of 0% applies to rice and dried tobacco of Cambodian origin. Imported goods must have the Certificate of Origin form S issued by the Ministry of

 

Trade of the Kingdom of Cambodia or an authority according to regulations and be granted customs clearance through the border gates. Dried tobacco shall be imported only by Vietnamese traders with the licenses for importing material tobacco under the tariff quota. The amount of imports shall be subtracted from the import tariff quota according to the license issued by the Ministry of Industry and Trade.

This Circular takes effect on the signing date.

Ü  LABOR - SALARY


TO ADJUST AVERAGE MONTHLY INCOME ÔFOR WHICH SOCIAL INSURANCE
 

Takes effect on February 11, 2017, the Circular No. 42/2016/TT-BLDTBXH dated December 28, 2016 of the Ministry of Labor, War Invalids and Social Affairs on indexing factor in calculation of average monthly income for which social insurance has been paid.

Accordingly, Indexed monthly wage as the basis for social insurance payment of a year equals total monthly wage as the basis for social insurance payment according to wage regime set by employers of the year multiplied by indexing factor of the year. Within that, the indexing factors of the years in 2012; 2013; 2014; 2015; 2016 and 2017 are 1.15, 1.08, 1.03, 1.03. 1.00 and 1.00 in turn.

 

Indexed monthly earnings as the basis for social insurance payment of a year equals total monthly earnings as the basis for social insurance payment of a year multiplied by indexing factor of the year. Within that, the indexing factors of the years of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017 are 1.73, 1.62, 1.48, 1.25, 1.15, 1.08, 1.03, 1.03, 1.00 and 1.00.

All content prescribed at this Circular shall be applied from January 01, 2017.

Ü  FINANCE - BANKING


VAMC MUST REPORT BAD DEBTS BEFORE 02 OF MARCH
BEFORE THE FINANCIAL YEAR
 

Takes effect on February 15, 2017, the Circular No. 33/2016/TT-NHNN dated December 27, 2016 of the State Bank of Vietnam on ratios of revenues of asset management company of Vietnamese credit institutions to bad debts bought with special bonds.

At the Circular, the State Bank of Vietnam prescribes not later than the March 01 of a fiscal year, the VAMC shall report to the State bank of Vietnam (via the Department of Finance and Accounting) the planned rates of revenues on the basis of the financial plans of the fiscal year. Not later than the March 31 of a fiscal year, the Governor of the State bank of Vietnam shall decide and notify the VAMC

 

and debt-selling credit institutions the rates of revenues of the fiscal year. Within that, the ratios of revenues to the recovery of bad debts that the VAMC buys with special bonds, the ratios of revenues to the outstanding amount of bad debts bought by the VAMC with special bonds which are currently accounted on its balance sheet.

Bases for the State bank of Vietnam to determine the rates of revenues include the financial plans of the fiscal year of the revenues whose rates are determined (hereinafter referred to as the fiscal year) of the VAMC and the results of enterprise classification of the year immediately before the fiscal year of the VAMC.

Ü  EXPORT - IMPORT


THE CARRIER MAY SELL CARGO IF THERE IS NO CONSIGNEE AT AUCTION
 

In accordance with the Decree No. 169/2016/ND-CP dated December 27, 2016 of the Government on handling of cargo retained by carriers at Vietnamese seaports. Within 60 days from the day on which the vessel arrives at the port for delivery, if there is no consignee or the consignee fails to fully pay the debts or fails to offer necessary guarantees, then the carrier may sell such cargo at auction to collect the debts.

Within 03 days from the retention date, the carrier shall send the consigner and the consignee a written notification of the retention of cargo and the plan on sale of retained cargo to collect the debts. After 15 days from the day on which the notification specified in clause 1 of this Article is sent, if the carrier does not receive a response from the consigner and/or the consignee or the debts are not fully paid to the carrier, then the carrier shall announce the

 

retention of cargo on at least one of daily newspapers or on means of mass media of central government or governments of central-affiliated cities and provinces of the place where the cargo is retained for 3 consecutive issues. Time limit for publication of notification may be extended for not exceeding 30 days from the date of notification to the consigner.

Regarding retained goods being perishable goods or the retention of goods is considered costly in comparison with the actual value of the goods, then the carrier may decide the time limit for auction of the retained goods to be under 60 days from the day on which the vessel arrives at the port to unload cargo and shall be responsible for his/her decision.

This Decree takes effect on July 01, 2017.

Ü EDUCATION – TRAINING - VOCATION


TO CHANGE THE PRINCIPLES OF THE MANAGEMENT BOARD
OF A APARTMENT BUILDING
 

On December 15, 2016, the Ministry of Construction issued the Circular No. 28/2016/TT-BXD on amending the Circular No. 10/2015/TT-BXD providing regulations on professional training courses in management of apartment buildings, the Circular No. 11/2015/TT-BXD providing regulations on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor, and a number of regulations on management and use of apartment buildings promulgated under the Circular No. 02/2016/TT-BXD dated February 15, 2016.

Within that, the number of members of the management board of an apartment building or apartment complex shall be decided according to the principles as the management board of an apartment building comprising the only block of apartments must be comprised of at least 03 members. If a building's blocks share the same podium, at least 01 member of the management board shall be assigned to

 

each block; the management board of an apartment complex must be comprised of at least 06 members.

Also in accordance with this Circular, each owner of apartment unit or other area in the apartment building has the right to authorize the only person who is using that apartment or the other area in the apartment building to attend the apartment building meeting.

Another important contents is the guidelines on lecturers, training facilities and framework program for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor. A lecturer of the training course in knowledge of real estate brokerage practice and management of the real estate trading floor must possess bachelor's degree or higher in a major corresponding to the teaching contents and have at least 05 years of experience in state management, scientific research or training in the field of real estate or trading in real estate.

This Circular takes effect on February 01, 2017.

 

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