Legal Document Updates in English (05/2016)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARE

1

212/2015/TT-BTC

Circular No. 212/2015/TT-BTC dated December 31, 2015 of the Ministry of Finance guiding the corporate income tax policies for environmental protection activities regulated at the Decree No. 19/2015/ND-CP dated February, 2015 of the Government detailing a number of articles of the Law on Environmental Protection

 

* Income s from collection and centralized treatment of common solid wastes receives corporate income tax incentives

Page 2

2

195/2015/TT-BTC

Circular No. 195/2015/TT- BTC dated November 24, 2015 of the Ministry of Finance guiding the Decree No. 108/2015/ND-CP dated October 28, 2015 of the Government guiding a number of Articles of the Law on Special Excise Duty and the Law on amending the Law on Special Excise Duty

 

* Cars running within an amusement park or sports center not subjected to SET

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

3

36/2015/TT-NHNN

Circular No. 36/2015/TT-NHNN dated December 31, 2015 of the State Bank of Vietnam on restructuring of credit institutions

 

* Conversion of business types of credit institutions

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

4

57/2015/TT-BYT


Circular No. 57/2015/TT-BYT dated December 30, 2015 of the Ministry of Health detailing a number of articles of the Decree No. 10/2015/ND-CP dated January 28, 2015 of the Government on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy

 

* Standards for staff of medical facilities carrying out the in vitro fertilization

Page 3

5

52/2015/TT-BYT

Circular No. 52/2015/TT-BYT dated December 21, 2015 of the Ministry of Health on regulations on state inspection of imported food safety, and applications and procedures for grant of certificate of export to exported foods under the administration of the Ministry of Health

 

* State inspection of imported food safety

Page 3

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


INCOME S FROM COLLECTION AND CENTRALIZED TREATMENT
OF COMMON SOLID WASTES RECEIVES CORPORATE INCOME TAX INCENTIVES
 

This is the content prescribed at the Circular No. 212/2015/TT-BTC issued the Ministry of Finance on December 31, 2015 guiding the corporate income tax policies for environmental protection activities regulated at the Decree No. 19/2015/ND-CP dated February, 2015 of the Government detailing a number of articles of the Law on Environmental Protection.

In particular, this Circular prescribes some corporate income tax incentives applied to the enterprise’s income from execution of new investment projects such as centralized treatment of domestic wastewater with design capacity from 2,500 m3 of wastewater/day for urban areas of grade IV or more; collection, transport and centralized treatment of common solid wastes; treatment and renovation of polluted environment in public areas; response to oil spill, chemical incidents and other environmental incidents; development of technical infrastructure for environmental protection in industrial parks and clusters of handicraft villages; cremation and electric cremation; assessment of damage to environment; assessment of environmental health and environmental assessment for the goods, machines, equipments and technologies; production and application of invention to protect the environment under the state protection in the form of Patent or Patent of useful solutions or production of

 

 

gasoline, diesel and biological energy having certificates of conformity; biochar, energy from the use of wind power, sunlight, tide, geothermal energy and other forms of renewable energy…

The enterprise having income from the execution of new investment projects shall be eligible for the tax rate of 10% for 15 years. In case the investment project has large scale and high or especially new technology for attracting investment, the period for applying the concessional tax rate of 10% may be extended but total period for applying the tax rate of 10% shall not exceed 30 years as decided by the Prime Ministry at the request of the Minister of Finance. In case the enterprise meets criteria for private sector involvement in the environment field under the Decision of the Prime Minister, the concessional tax rate of 10% may be applied to its income from environmental activities throughout its operation. Concessional tax rate shall be continuously applied from the first year in which the enterprise has revenue from new investment projects. The enterprise’s income from the execution of new investment projects stipulated at Clause 1 of this Article shall be exempted from tax for 04 years and given 50% tax reduction for the next 09 years.

This Circular takes effect on February 14, 2016.


CARS RUNNING WITHIN AN AMUSEMENT PARK OR SPORTS CENTER
NOT SUBJECTED TO SET
 

This is the content prescribed at the Circular No. 195/2015/TT-BTC dated November 24, 2015  of the Ministry of Finance guiding the Decree No. 108/2015/ND-CP dated October 28, 2015 of the Government guiding a number of Articles of the Law on Special Excise Duty and the Law on amending the Law on Special Excise Duty.

Besides the regulations that ambulances, prisoner transport vehicles, hearses; vehicles for inspection and control of radio frequencies; armored mobile adjustable ramp systems; mobile video production vehicles; vehicles designed to carry both seated and standing passengers and capable of carrying 24 people or more, cars running within amusement parks and sport centers and exempt from registration and banned from public roads, other specialized vehicles, vehicles exempt from registration, and vehicles banned from public roads, importers of cars running within an amusement park or sports center not subject to SET… the goods not subjected to SET includes goods directly exported by the manufacturer or processor, including goods sold to or processed for export processing companies; humanitarian aid and grant aid, including

 

 

imported goods funded by grant aid approved by a competent authority; humanitarian aid and emergency assistance for recovery from wars, natural disasters, epidemics; gifts of overseas entities for state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, the people’s armed forces; air conditioners of 90,000 BTU or lower and designed to be installed on vehicles only, including cars, railway carriages, ships, boats, airplanes..

Also in accordance with this Circular, a taxpayer that manufactures goods subject to SET from materials subject to SET may deduct the paid SET on the quantity of materials imported or purchased from another domestic manufacturer that is used for manufacturing goods from the SET payable. SET that remains after deduction shall be carried forward to the next period. For bio-fuel, the amount of deductible SET in the period depends on the amount of paid SET on a unit of material purchased in the previous period for manufacturing of bio-fuel.

This Circular takes effect on January 01, 2016.

Ü FINANCE - BANKING


CONVERSION OF BUSINESS TYPES OF CREDIT INSTITUTIONS
 

On December 31, 2015, the State Bank of Vietnam issued the Circular No. 36/2015/TT-NHNN  on restructuring of credit institutions.

Accordingly, each credit institution may only convert its business type in accordance with business types prescribed in Article 6 of the Law on credit institutions and regulations of the State Bank. Protect confidentiality in order to ensure stable operation of credit institution before the project for conversion of business type is ratified by the competent bodies of credit institutions. All documents and materials on conversion of business type must be made in a prudent, truthful and accurate manner so as to avoid misunderstanding. It is strictly prohibited to disperse properties in any form. The transfer and sale of property during the process of conversion of business type must be conducted publicly and transparently, in accordance with regulations of law and agreement of contracting parties, ensure the safety of property and do not affect the interests of credit institutions and other organizations and individuals related to conversion of business type. The establishment and operation license of the converting credit institution shall become invalid when the converted credit institution launches its opening.

Besides, the Circular also details the cases of restructuring of credit institutions such as a commercial bank or a finance

 

company or is merged into another commercial bank; a financial company is merged into another financial company; two commercial banks consolidate into another commercial bank; a commercial bank and a finance company consolidate into another commercial bank; a financial company and a financial company consolidate into another financial company. Upon the approval for acquisition, consolidation or conversion of business type issued by the State Bank, each post-restructuring credit institution must announce the following information by means of media of the State Bank, in a daily written newspaper nationwide in 3 consecutive issues or an online newspaper of Vietnam within 7 working days and at its headquarters, branches, offices and affiliated units such as number and date of issue of the approval for acquisition, consolidation or conversion of business type promulgated by the State Bank; number and date of issue of the establishment and operation license, certificate of enterprise registration or equivalent documents of the post-restructuring credit institution; name and headquarters address of the post-restructuring credit institution; charter capital of the post-restructuring credit institution; legal representative of the post-restructuring credit institution; business type of the post-restructuring credit institution; expected opening date..

This Circular takes effect on March 01, 2016.

Ü MEDICAL - HEALTH


STANDARDS FOR STAFF OF MEDICAL FACILITIES CARRYING
OUT THE IN VITRO FERTILIZATION
 

Taking effects on February 15, 2016, the Circular No. 57/2015/TT-BYT dated December 30, 3015 of the Ministry of Health detailing a number of articles of the Decree No. 10/2015/ND-CP dated January 28, 2015 of the Government on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy, including health standards for people who adapt the in vitro fertilization service, have pregnancy or give birth; facilities, equipment and staff of medical facilities permitted to carry out the in-vitro fertilization technique; procedures for examination and diagnosis of infertility; technical process of in vitro fertilization; retention and sharing of information.

Accordingly, any person involved in in-vitro fertilization must not have the following diseases: diseases that make his/her health unsatisfactory for in-vitro fertilization, for having pregnancy or giving birth; sexually transmitted diseases, HIV or group A/B infectious diseases; hereditary diseases that may affect life and the development of the child; mental illness or other diseases that makes him/her unable to have awareness or direct his/her behavior. And any person involved in in-vitro fertilization technique must obtains a written conclusion by the head of a medical facility qualified

 

for carrying out the in-vitro fertilization certifying that his/her health conditions is suitable for involving in in-vitro fertilization procedures, for having pregnancy and giving birth.

Any person directly carries out the in vitro fertilization must obtain qualifications in in-vitro fertilization technique (recognized qualifications of trade in in-vitro fertilization technique, applicable to staff members receiving training from overseas qualified establishments under similar or higher conditions than those in Vietnam. He/she shall obtain certificates of having directly carried out at least 20 (twenty) cycles of infertility treatment using in-vitro fertilization technique and shall obtain a practice certificate according to regulations in the Law on Medical examination and treatment…

Information about IVF cases shall be retained at medical facilities carrying out the IVF for at least 02 (two) years since the last treatment procedure finished. Information about the donation and receipt of sperms, eggs, embryos and the cases of surrogacy for humanitarian reasons shall be retained at medical facilities for at least 20 (twenty) years since the last treatment procedure finished.


STATE INSPECTION OF IMPORTED FOOD SAFETY
 

On December 21, 2015, the Ministry of Health issued the Circular No. 52/2015/TT-BYT on regulations on state inspection of imported food safety, and applications and procedures for grant of certificate of export to exported foods under the administration of the Ministry of Health.

In accordance with this Circular’s regulations, standard inspection (include: is the inspection of the application and representative sample by which food labels, packages and special preservation (if any) are organoleptically examined) applies to all articles of an imported shipment, except for cases regulated in clause 2 and clause 3 of this Article.

Any article that is certified as satisfactory for food safety requirements by competent authorities of the signatories of the international agreement on mutual recognition of food safety inspection and quality to which Vietnam is a signatory; a article that is certified as conformable with

 

Vietnam’s regulations by the competent authorities of the exporting country. Articles that meet the import requirements in 03 consecutive standard inspections conducted on different days within 12 months (if any).

Strict inspection applies where the article fails to pass the previous inspection, such product shall undergo a documentary inspection and shall be sampled for testing of indicators presented in its declarations; and where the Ministry of Health  or overseas competent authority or the manufacturer issues warnings against the article, such product shall undergo a standard inspection and testing for warned indicators, or where the results of warned indicator inspection is required to be issued by inspecting agencies that is recognized by the State competent authority of  the exporting country.

This Circular takes effect on February 23, 2016.

 

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