Legal Document Updates in English (05/2018)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

146/2017/TT-BTC

Circular No. 146/2017/TT-BTC dated December 29, 2017 of the Ministry of Finance guiding the management…

 

Casino business must use computer software to manage transaction

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

2

26/2017/TT-NHNN

Circular No. 26/2017/TT-NHNN dated December 29, 2017 of the State Bank of Vietnam on amending…

 

Person who is 15 is permitted to use credit cards without security assets

Page 2

BIDDING – COMPETITION

 

BIDDING – COMPETITION

3

04/2017/TT-BKHDT

Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on prescribing in detail the contractor..

 

The contractor must have guarantee issued by a bank in online bidding

Page 2

SECURITIES

 

SECURITIES

4

115/2017/TT-BTC

Circular No. 115/2017/TT-BTC dated October 25, 2017 of the Ministry of Finance on guiding the surveillance of securities trading on the securities market

 

Guiding the surveillance of securities trading on the securities market

Page 3

TRANSPORT

 

TRANSPORT

5

01/2018/TT-BGTVT

Circular No. 01/2018/TT-BGTVT dated January 03, 2018 of the Ministry of Transport on publishing. ..

 

Publishing 6 seaport waters in Quang Ninh

Page 3

CIVIL

 

CIVIL

6

127/2017/ND-CP

Decree No. 127/2017/ND-CP dated November 16, 2017 of the Government on prescribing in detail….

 

Defense counsels, participating in the sealing and breaking of seals of exhibits

Page 3

 

POLICY

 

POLICY

7

1861/QD-TTg

Decision No. 1861/QD-TTg dated November 23, 2017 of the Prime Minister on approving the target program

 

Invest over VND 30.000 billion for developing tourism infrastructure

Page 4

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

8

46/2017/QD-TTg

Decision No. 46/2017/QD-TTg dated November 24, 2017 of the Prime Minister on promulgating the Regulation on organization and operation

 

Network of organization of query on technical barriers to trade

Page 4

OTHERS

 

OTHERS

9

124/NQ-CP

Resolution No. 124/NQ-CP dated November 29, 2017 of the Government on

 

More 06 countries having pilot grant of e-visas

Page 4

 

SUMMARY:

Ü  TAX – FEE – CHARGE          


CASINO BUSINESS MUST USE COMPUTER SOFTWARE TO MANAGE TRANSACTION

On December 29, 2017, the Ministry of Finance issued the Circular No. 146/2017/TT-BTC guiding management and supervision of casino tax collection, takes effect on February 12, 2018.

This Circular defined that casino enterprise must use computer software to manage any transactions related to cash and tokens and ensure that this software data must be specified in the revenue statement made according to the revenue statement; at the same time, these transactions must be sufficiently recorded and reported to relevant competent authorities.

The revenue statement must be prepared by computer software and sent to the supervisory tax agency at the time

 

when the statement of special excise duty is submitted every month.

Casino enterprise shall only exchange tokens for gamblers before playing casino at casino cage or gaming tables and shall receive tokens re-exchanged for cash at the casino cage. Concurrently, arrange specialized safes (or boxes) for keeping cash and tokens; these safes (or boxes) must be properly sealed before they are taken from the vault and immediately after they are taken from gaming machines or gaming tables.

The supervisory tax agency may supervise either directly at the casino premises or via electronic equipment and camera system of the casino.

Ü   FINANCE – BANKING      


PERSON WHO IS 15 IS PERMITTED TO USE CREDIT CARDS WITHOUT SECURITY ASSETS

Many new provisions about bank cards were promulgated by the State Bank of Vietnam at Circular No. 26/2017/TT-NHNN dated December 29, 2017, amending Circular No. 19/2016/TT-NHNN.

First, this Circular defined any person who is 15 to less than 18 years of age and does not have lack of legal capacity or limited legal capacity is permitted to use debit cards, credit cards and prepaid cards, within that, as to previous provision, in order to use these cards, this subject must have his/her own assets to be taken as security.

A person who is 6 to less than 15 years of age, does not have lack of legal capacity or limited legal capacity, and obtains an authorization in writing made by his/her legal

 

representative to permit him/her to use card shall be permitted to use a debit card or a pre-paid card; instead of using debit cards without overdraft facility and prepaid cards as before.

This Circular also widen scope of card usage, concurrently: Cards may be used to pay for goods and services purchased and used in accordance with the laws of Vietnam, including those purchased and used overseas.

With regard to overseas cash withdrawal limit, a cardholder may withdraw a maximum amount of cash equivalent to VND 30 million per day.

This Circular takes effect on March 03, 2018.

Ü  BIDDING - COMPETITION 


THE CONTRACTOR MUST HAVE GUARANTEE ISSUED BY A BANK IN ONLINE BIDDING

This is the content prescribed by the Ministry of Planning and Investment at the Circular No. 04/2017/TT-BKHDT prescribing in detail the contractor selection via the National E-Public Procurement system.

In particular, when participating in online bidding, a contractor shall provide bid security before the time of bid closing in the form of letter of guarantee issued by a bank or credit institution lawfully operating in Vietnam. For banks and credit institutions already connected to the National E-Public Procurement system, the contractor shall provide online bid security. For banks and credit institutions not yet connected to the system, the contractor must provide a scanned copy of the bank’s letter of guarantee enclosed with the E-BD submitted. In this case, the contractor shall commit to submitting the original letter of bid guarantee.

Cases in which a contractor is required to submit the original letter of bid guarantee to the bid solicitor the
 

contractor is invited to enter into contract negotiation; the contractor violates the bidding law, thus becoming ineligible for refund of bid security; within 5 working days after receiving the bid solicitor’s request, if the contractor refuses to submit the original letter of bid guarantee, he/she/it shall be handled according to his/her/its commitment made in the bid application.

A file posted by the bid solicitor or contractor in the system must have the MS Word, MS Excel, PDF or CAD format and image formats and use the Unicode font. Large files should be compressed in *.zip or *.rar format before being posted in the system; and be free of any virus and error and have no password.

This Circular is issued on November 15, 2017 and takes effect on March 1, 2018.

Ü  SECURITIES    


GUIDING THE SURVEILLANCE OF SECURITIES TRADING
ON THE SECURITIES MARKET

On October 25, 2017, the Ministry of Finance issued the Circular No. 115/2017/TT-BTC guiding the surveillance of securities trading on the securities market; obligation of institutions and individuals involved in securities trading or providing securities trading services to provide information and explanations upon request.

Institutions and individuals involved in securities trading or providing securities trading services are obliged to promptly, adequately and accurately provide information, documents and electronic data relating to securities trading surveillance contents at the request of the SSC, SEs and VSD.

 

At the same time, give explanations at the request of the SSC and SEs about events related to securities trading in accordance with law and disclose information in accordance with the law on securities and securities market in the following cases: Securities transactions of institutions or individuals that are their major shareholders . Securities transactions of institutions or individuals or related persons that intend to hold up to twenty-five percent (25%) of voting stocks or fund certificates of a listed institution or an institution registered for trading or a closed fund, or are holding twenty-five percent (25%) or more of voting stocks or fund certificates.

This Circular takes effect on December 08, 2017.

Ü  TRANSPORT    


PUBLISHING 6 SEAPORT WATERS
IN QUANG NINH

On January 03, 2018, the Ministry of Transport issued Circular No. 01/2018/TT-BGTVT publishing of seaport waters in Quang Ninh province and area under management of the maritime administration of Quang Ninh.

Accordingly, there are 6 seaport waters in Quang Ninh province, includes: Quang Ninh seaport waters in Van Gia - Hai Ha area; Quang Ninh seaport waters in Mui Chua area;

 

Quang Ninh seaport waters in Co To area; Quang Ninh seaport waters in Cam Pha - Cua Doi area; Quang Ninh seaport waters in Hon Gai area; Quang Ninh seaport waters in Quang Yen area.

Quang Ninh seaport waters in Quang Ninh province shall be identified by the highest tides.

This Circular takes effect on March 01, 2018.

Ü  CIVIL    


DEFENSE COUNSELS, PARTICIPATING IN THE SEALING
AND BREAKING OF SEALS OF EXHIBITS

On November 16, 2017, the Government issued the regulations detailing the sealing and breaking of seals of exhibits at the Decree No. 127/2017/ND-CP.

Accordingly, all exhibits collected shall be sealed, except exhibits being live animals and plants; exhibits being documents which are included in case files; exhibits which are perishable or hard to be preserved; and other exhibits which the agencies or persons competent to conduct legal proceedings deem they need not to be sealed.

Persons participating in the sealing of exhibits include witnesses or representatives of the administrations of communes, wards or townships where exhibits are sealed; persons concerned; representatives of agencies and organizations with interests, obligations and/or responsibilities related to the exhibits (if any); defense counsels (if any); defense counsels (if necessary) may participate in the breaking of seals of exhibits

 

The persons organizing and participating in the sealing shall sign and write their full names or press their fingerprints (together with the names of the fingerprint-pressing persons) on the paper seals (in unfadable ink); to append the stamp of the agency or organization organizing the sealing or of the administration of the commune, ward or township where the sealing is done to paper seals; for an exhibit wrapped or put into a closed box, paper seals shall be affixed onto parts of the wrapper or box which can be opened to take out the exhibit or impacted to alter the originality of the exhibit; and for a heavy, large or immovable exhibit, paper seals shall be affixed onto its important parts which display the origin and typical features of the exhibit and its couplings or joints.

This Decree takes effect on January 01, 2018.

Ü  POLICY    


INVEST OVER VND 30.000 BILLION FOR DEVELOPING TOURISM INFRASTRUCTURE

The target program on development of tourism infrastructure during 2016 - 2020 was approved by the Prime Minister at the Decision No. 1861/QD-TTg dated November 23, 2017.

With total budget is about VND 30,664,551 billion, the program sets a target by 2020, to ensure synchronous infrastructure facilities for 3 to 5 national tourist sites, thus creating favorable conditions for tourists and attracting domestic and foreign investment; support investment in transport infrastructure and create favorable conditions for access to a number of fundamental infrastructure facilities and tourism infrastructure facilities of 30 national tourist sites.

 

Scopes of support of this program are: Roads from main routes to tourist sites and strategic areas for regional tourism development; Main routes and waste treatment systems in tourist sites; Projects on construction of waste treatment and environment protection facilities of national tourist sites; Embankment or dredging of lakes and reservoirs for protection and embellishment of tourism resources in tourist sites and strategic areas for regional tourism development.

This Decision takes effect on the signing date.

Ü  ORGANIZATIONAL STRUCTURE    


NETWORK OF ORGANIZATION OF QUERY ON TECHNICAL BARRIERS TO TRADE

On November 24, 2017, the Prime Minister promulgated the Regulation on organization and operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade at Decision No. 46/2017/QD-TTg.

In which, Vietnam’s network of notification and enquiry authorities on technical barriers to trade (below referred to as the Vietnam TBT network) includes the national TBT point (the Vietnam Notification Authority and Enquiry Point Office under the Directorate for Standards, Metrology and Quality of the Ministry of Science and Technology); ministerial-level TBT Points (agencies that are appointed to perform TBT-related tasks of 10 Ministries such as: Ministry

 

of Industry and Trade; Transport; Science and Technology; Labor, War Invalids and Social Affairs…) and Local TBT activities (Branches of Standards, Metrology and Quality).

This network was organized and managed by the Ministry of Science and Technology; has the function of raising awareness of the community, provide TBT information and consultancy for enterprises in order to increase domestic and foreign market accessibility for Vietnamese goods…

The TBT Points shall work under the single-boss regime and be subject to professional and specialized management by their managing agencies.

This Decision takes effect on January 10, 2018.

Ü  OTHERS    


MORE 06 COUNTRIES HAVING PILOT GRANT OF E-VISAS

The Government issued the Resolution No. 124/NQ-CP dated November 29, 2017 on supplementing the list of countries whose citizens are eligible for pilot grant of e-visas.

Accordingly, the list of countries whose citizens are eligible for pilot grant of e-visas is supplemented with 06 countries, including Australia; United Arab Emirates; Canada; India; the Netherlands; New Zealand.

 

In previous regulations, at the Decree No. 07/2017/ND-CP, the Government prescribes that from February 01, 2017 – February 01, 2019 to have pilot grant of e-visas for 40 countries  foreigners entering Vietnam. Therefore, the total countries having grant of e-visas entering Vietnam shall be 46 countries.

This Resolution takes effect on the signing date.

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