Legal Document Updates in English (06/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

03/2015/TT-BTC

Circular No. 03/2015/TT-BTC dated January 6, 2015 of the Ministry of Finance amending the preferential import tax rate for some petroleum commodities in the Heading 27.10 in the Preferential Import Tariff

 

Increase the import tax for petroleum to 35% from January 07

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

2

09/2015/TT-BTC

Circular No. 09/2015/TT-BTC dated January 29, 2015 of the Ministry of Finance guiding financial transactions of enterprise prescribed in the Article 6 of the Decree No. 222/2013/ND-CP dated December 31, 2013 of the Government providing for cash payment

 

Not use money in other capital contribution

Page 2

3

4907/QD-BGTVT

Decision No. 4907/QD-BGTVT dated December 24, 2014 of the Ministry of Transport approving the Project “Mobilizing the private sector investment in railway infrastructure”

 

Mobilizing the private sector investment in railway infrastructure

Page 2

INSURANCE

 

INSURANCE

4

58/2014/QH13

Law No. 58/2014/QH13 dated November 20, 2014 of the National Assembly on Social Insurance

 

Male employees whose wives give birth to children are entitled to a maternity leave of 5-7 working days

Page 3

AGRICULTURE

 

AGRICULTURE

5

50/2014/TT-BNNPTNT

Circular No. 50/2014/TT-BNNPTNT dated December 24, 2014 of the Ministry of Agriculture and Rural Development amending and supplementing a number of articles of the Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing a number of articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed

 

Temporary import of animal feeds for re-export is exempted from Quality inspection

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


INCREASE THE IMPORT TAX FOR PETROLEUM TO 35%
FROM JANUARY 07
 

The Ministry of Finance has just issued the Circular No. 03/2015/TT-BTC dated January 6, 2015 of the Ministry of Finance amending the preferential import tax rate for some petroleum commodities in the Heading 27.10 in the Preferential Import Tariff, decide to increase the preferential import tax for leaded or unleaded motor spirit  more 8% (from 27% to 35%) from January 07, 2015.

Also from January 07, 2015, the preferential import tax for other commodities such as aviation spirit; spirit and diesel fuels shall increase incredibly. In particular, the preferential import tax rate for aviation spirit, not of a kind used as jet

 

fuel is increased by 5%, from 20% to 25%;  the preferential import tax rate for diesel fuels is increased from 23% to 30%; aviation turbine fuel (jet fuel) and white spirit, other light spirits shall have the preferential import tax rate in turn 25% and 35%.

For waste oils and Lubricating oils for aircraft engines, Transformer and circuit breakers oils, Hydraulic brake fluid have no changes compared with current regulations, in turn 20%, 5% and 3%.

This Circular takes effect on January 07, 2015.

Ü FINANCE - BANKING


NOT USE MONEY IN OTHER CAPITAL CONTRIBUTION
 

On January 29, 2015, the Ministry of Finance issued the Circular No. 09/2015/TT-BTC dated January 29, 2015 of the Ministry of Finance guiding financial transactions of enterprise prescribed in the Article 6 of the Decree No. 222/2013/ND-CP dated December 31, 2013 of the Government providing for cash payment.

At this Circular, the Ministry of Finance requires that enterprises do not use cash (banknotes and coins issued by the State Bank released) to perform payment transactions as capital contribution and sale, transfer of capital to other businesses. When conducting transactions of capital contribution and sale, transfer of capital to other

 

enterprises, businesses use payment by check; payment by debit authorizations – transfers and the payment method is not appropriate to use other cash under current regulations.

Similarly, the payment by check; payment by debit authorizations – transfers are also applicable to the enterprises other than credit institutions payments while performing loan transactions, loans and loan each other. Businesses are not credit institutions when making lending transactions, loans and loan mutual asset (other than cash), except for the debts and liabilities transferred.

This Circular takes effect on March 17, 2015.


MOBILIZING THE PRIVATE SECTOR INVESTMENT IN
RAILWAY INFRASTRUCTURE
 

In order to gradually reduce the burden on the state budget, and meet the target of socio-economic development, industrialization - modernization of the country and restructure the railway sector investment, enhance private sector involvement investment ratio in the railway infrastructure commensuration with other transport fields, on December 24, 2014, the Minister of Transport signed the Decision No. 4907/QĐ-BGTVT dated December 24, 2014 of the Ministry of Transport approving the Project “Mobilizing the private sector investment in railway infrastructure”.

Seek private sector involvement in investment in railway infrastructure shall be under the following principles: The state shall focus on the investment in construction of railway infrastructure items which directly serve the train operation; other items like: stations, station depots, station platforms, freight yards and other supportive services will be invested, operated and developed in association with the private sector. Attract investors in construction, renovation, upgrade, and expansion of terminals in order to operate

 

them in cooperation. Besides, call for and attract the investment in the construction of a part or the whole project in the form of public-private partnerships (PPP), built - owned - operate - transfer (BOOT) ... on the base of the mechanism and supportive policies of the State (taxes, fees, interest, loan term, rate, ...); the capital of the State involved in premises clearance, the investment capital of work items directly involved in the train operation.

For railway route operation, select railway routes or segments suitable for pilot franchise for railway operation, which is the basis for improvement of franchise for other railway routes. Depend on the extent of the franchise, investors shall be entitled to operate and develop the railway infrastructure for a certain period of time and be responsible for the infrastructure maintenance; ensure safety for train operation and social security on the routes. Grant franchise for operation shall be flexible and specific for each segment and each route.

This Decision takes effect on the signing date.

Ü INSURANCE


MALE EMPLOYEES WHOSE WIVES GIVE BIRTH TO CHILDREN ARE ENTITLED
TO A MATERNITY LEAVE OF 5-7 WORKING DAYS
 

This new content is formally regulated in the Insurance Law No. 58/2014/QH13 passed by the National Assembly on November 20, 2014. Accordingly, from 2016, male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of 5 working days; 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy and 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second; 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

Beside above contents, the Law also supplements some objects covered by compulsory social insurance including persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months; Employees who are foreign citizens working in Vietnam with work permits or practice certificates or practice licenses granted by competent Vietnamese agencies. Besides, the Law also open the

 

subjects including persons covered by voluntary social insurance are Vietnamese citizens aged full 15 years or older.

From 2016 to January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in Article 54 of this Law must equal 45% of the average monthly salary on which social insurance premiums are based as prescribed in Article 62 of this Law, corresponding to 15 years of social insurance premium payment, which shall be added with 2%, for men, or 3%, for women, for each additional year of social insurance premium payment, but must not exceed 75%.  Since January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in Article 54 of this Law will equal 45% of the average monthly salary on which social insurance premiums are based as prescribed in Article 62 of this Law, and correspond to the following period of social insurance premium payment, for male employees who retire in 2018, 2019, 2020 and 2021 and since 2022, it is 16 years, 17 years, 18 years, 19 years and 20 years, respectively.

Ü AGRICULTURE


TEMPORARY IMPORT OF ANIMAL FEEDS FOR RE-EXPORT IS EXEMPTED
FROM QUALITY INSPECTION
 

On December 24, 2014, the Ministry of Agriculture and Rural Development issued the Circular No. 50/2014/TT-BNNPTNT amending and supplementing a number of articles of the Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing a number of articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed, defines that Inspection shall be conducted on documents and by organoleptic method and samples of all the batches for analyzing from February 07, 2015.

Quality inspection of imported animal feeds shall be exempted in temporary import of animal feeds for re-export; animal feeds in transit;  animal feeds sent to bonded warehouses; animal feeds as samples for introduction at trade fairs and exhibitions; animal feeds as samples for analysis at laboratories and animal feeds as samples for experiments.

Organizations, individuals as importers who have met the aforesaid requirements for animal feeds must send documents to Directorate of Fisheries or the Department of Livestock production. The documents comprise request form for exemption from quality inspection with time limit; a

 

copy with confirmations by the importer of the registration documents for inspection of quality and Certificate of quality for five consecutive shipments under normal inspection or Certificate of quality for three consecutive shipments under alleviated inspection. Within 05 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall make a written reply to importers regarding approval for temporary exemption from quality inspection; in case exemption from quality inspection with time limit is not approved, Directorate of Fisheries or the Department of Livestock production shall make a written reply and state the reasons.

Manner of inspection: inspection shall be conducted on documents and by organoleptic method, sample is taken for analyzing from two to five safety norms, from two to five quality norms in applied standards or in the national technical regulations, ensuring safety and quality of the product subject to inspection. The inspecting body and appointed agency shall determine specific norms and take responsibility for results of inspection and assessment of quality, safety of animal feeds.

This Circular takes effect on February 07, 2015.

 

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