Legal Document Updates in English (07/2014)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR – SALARY

1

38/2013/QH13

Law No. 38/2013/QH13 dated 16 November 2013 of the National Assembly on employment

 

Small and medium-sized enterprises are entitled to get loans from the National Fund of employments

Page 2

LAND – HOUSING

 

LAND - HOUSING

 

2

188/2013/ND-CP

Decree No. 188/2013/ND-CP dated November 20, 2013 of the Government on developing and managing social houses

 

Support policies for the projects of social house’s development

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

3

220/2013/TT-BTC

Circular No. 220/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of the Decree No. 71/2013/ND-CP of July 11, 2013, on investment of state capital in enterprises and financial management of enterprises of which 100% charter capital is held by the State

 

Regulations in adjusting increase of charter capital level

Page 3

COMMERCE

 

COMMERCE

 

4

181/2013/ND-CP

Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government on guiding the implementation of some Articles of the Law on Advertising

 

Pictures of patients are banned from medicine advertisements

Page 3

MEDICAL – HEALTH

 

MEDICAL - HEALTH

 

5

1976/QD-TTg

Decision No. 1976/QD-TTg of Oct 30,2013, approving the master plan on medicinal plant development through 2020, with orientations toward 2030

 

Preserve Vietnam’s total medicinal plant species 70% by 2030

Page 3

 

SUMMARY:

 

Ü LABOR - SALARY


SMALL AND MEDIUM-SIZED ENTERPRISES ARE ENTITLED
TO GET LOANS FROM THE NATIONAL FUND OF EMPLOYMENTS
 

On November 16, 2013, the National Assembly approved the Law on Employment No. 38/2013/QH13 provides for supporting policies in employment creation; information on labor market; assessment and issuance of national vocational skill certificates; organization and operation of employment services; unemployment insurance and state management on employment.

Within that, this Law point out that small and medium-sized enterprises, cooperatives, cooperative groups, household businesses and employees are  entitled to get loans from the National Fund of employments. Particularly, small and medium-sized enterprises, cooperatives, cooperative groups or household businesses using many employees who are disable people or ethnic minority people and ethnic minority people living in areas with extremely difficult social-economic conditions or disable people shall be entitled to get loans from the National fund of employments with lower interest rates.

In order to be entitled to get loans from the National fund of employments, the small and medium-sized enterprises, cooperatives, cooperative groups, household businesses must have projects with feasible loans at the localities, being appropriated to sectors or professions of production or business, attracting additional employees to come and

 

work regularly; and the loan-borrowing projects must be certified by competent state agencies or organization where such projects are located; having guarantees for such loans. Additionally, employees are  entitled to get loans when having capacity of civil acts in full; having demand in getting loans for self-employment creation or attracting additional employees and being confirmed by competent state agencies or organizations where such projects are located and living legally at localities where projects are located.

Besides, small and medium-sized enterprises, cooperatives, cooperative groups and household businesses shall be supported by the State in developments of production, business and extend of local employments for employees in rural areas through supporting in providing information on market for product sale; and being exempt from or reduced of taxes in accordance with legal provisions on taxes. Employees in rural areas having vocational training less than 03 months or having primary-level vocational training at vocational training establishments being supported with Apprenticeship fees according to provisions of the Prime Minister.

This Law takes effect on January 01, 2015.

Ü LAND - HOUSING


SUPPORT POLICIES FOR THE PROJECTS OF SOCIAL HOUSE’S DEVELOPMENT
 

In accordance with the Decree No. 188/2013/ND-CP on developing and managing social houses, the projects of social house’s development shall have some consistent incentives on land, tax or investment.

In particular, the area of land within the approved project is exempt from land levies and land rent; eligible for preferential VAT rates according to legislation on VAT; eligible for exemption, reduction of corporate income tax, and preferential rates of corporate income tax according to legislation on corporate income tax; eligible for support from: loans granted by credit institutions, commercial banks, and financial institutions, the credit institutions, commercial banks, and financial institutions must retain an amount of capital (at least 3% of total outstanding loan) for investors in social houses development projects, and for buyers and tenants of social houses to take loans with lower interest rates than market rates and duration that suitable for their solvency; Preferential loans from local budget, municipal bonds, Housing Development Fund, and

 

other sources of preferential loans; the whole investment in infrastructure beyond the perimeter (traffic, electricity supply, water supply and drainage); future housing and constructions within the social houses development project may be used as collateral for the loan used for such project; bonds guaranteed by the Government may be issue in accordance with legislation on bond issuance and other incentives.

Specially, the investor may put aside 20% of the area of land allocated (even the project is on 20% land) to invest in commercial constructions (including high-rise or low rise commercial housing) to defray the investment, reduce the prices of social houses, the cost of management and operation of social houses after investment; 20% of the floor area of a project may be sold or leased at market prices if the area of land for commercial works is not mentioned in the detailed plan approved by competent authorities.

This Decree takes effect on January 10, 2014.

Ü FINANCE - BANKING


REGULATIONS IN ADJUSTING INCREASE OF CHARTER CAPITAL LEVEL
 

On December 31, 2013, the Ministry of Finance issued the Circular No. 220/2013/TT-BTC guiding the implementation of the Decree No. 71/2013/ND-CP of July 11, 2013, on investment of state capital in enterprises and financial management of enterprises of which 100% charter capital is held by the State.

Within that, the most important regulations is the adjustment in increasing the charter capital level of enterprises. Accordingly, determination of demand and adjustment of charter capital of enterprises which are operating must base on objectives, tasks, strategies of development and expansion of scale, trades in production and business of enterprises under plans, planning already been approved by competent authorities. The adjustment to increase charter capital of enterprise must base on capital demand to perform investment, asset procurement projects in serve of the main production and business activities of enterprise; capital demand for production of products, trading in goods, services; capital demand for investment outside enterprise under plan already been approved by competent authorities.

 

Also in accordance with this Circular, the increased charter capital shall be applied minimally in 03 years since the owner approves and must ensure the association with plan on capital sources to add sufficient charter capital from the fund for investment and development which are deducted from the annual after- tax profit or other lawful sources under regulations. If passing 03 years, enterprise still has not enough sources to add sufficient charter capital as approved, the owner shall base on situation of enterprise to re-adjust objectives, tasks and strategies of development under the plan assigned to enterprise or in necessary case, to perform task of production and business already been approved, the owner shall allocate additionally lack of charter capital to enterprise if necessary.

This Circular takes effect on February 15, 2014 and is applied to the financial year of 2013 and upwards.

Ü COMMERCE


PICTURES OF PATIENTS ARE BANNED FROM MEDICINE ADVERTISEMENTS
 

On November 14, 2013, the Government issued the Decree No. 181/2013/ND-CP on guiding the implementation of some Articles of the Law on Advertising, within that pictures of patients; medicine effect diagram that has not been assessed  and pictures or names of physicians are banned from medicine advertisements are the important contents.

Besides, the contents of medicine advertisements must be conformable with the License for free sale in Vietnam; the instructions sheet approved by the Ministry of Health; the treatise about the medicine has been written in the National Pharmacopoeia or a medicine recognized by a competent authority of the country of origin and must have the medicine names according to the decision on issuance of registration number; names of active ingredients such as international names of modern medicines shall be used or Vietnamese names of herbal medicines. The original name together with the Latin name shall be used if no Vietnamese name is available; indications; contraindications or recommendations to pregnant women, breastfeeding women, the elderly, children, chronic disease sufferers;

 

name and address of the entity in charge of launching the product; or the text “Read the instructions correctly before use”. Except for the indications which are banned from the medicine advertisement such as tuberculosis, leprosy; sexually transmitted diseases; chronic insomnia; sexual stimulation and so on.

Also in accordance with this Circular, websites of foreign entities that provide cross-border advertising services and earn revenues from advertising in Vietnam are the websites from overseas services that provide advertising information for users in Vietnam; Vietnamese entities must advertise their goods and services on such websites through advertising service providers that have been registered in Vietnam; tax on the revenues from advertising in Vietnam of such websites shall be paid in accordance with legislation on taxation.

This Decree elaborates the Decree No. 24/2003/ND-CP dated March 13, 2003 and takes effect on January 01, 2014.

Ü MEDICAL - HEALTH


PRESERVE VIETNAM’S TOTAL MEDICINAL PLANT SPECIES 70% BY 2030
 

On October 30, 2013, the Prime Minister  signed the Decision No. 1976/QD-TTg of Oct 30,2013, approving the master plan on medicinal plant development through 2020, with orientations toward 2030.

With the objectives that Preserve Vietnam’s total medicinal plant species 70% by 2030 and plan the development of 54 advantageous medicinal plant species of the 8 ecological regions suitable to their growth and development conditions so as to satisfy 60% of the total domestic pharmaceutical demand by 2020, and 80% by 2030, and increase the export of domestic medicinal plants and their products; to strive for the adequate supply for medicinal plant varieties for large-scale medicinal plant cultivation and development and supply 60% by 2020, and 80% by 2030 disease-free, high-yield and high quality medicinal plant strains…the Prime Minister has suggested some important tasks and solutions to the Ministry of Health, the Ministry of Finance and some relevant units.

 

In particular, To build 5 national gardens for preservation and development of medicinal plants representing different ecological regions, where medicinal plants collected from different localities and representing typical climatic regions are preserved and cultivated to serve scientific research and medicinal plant development. To develop cultivation of 13 species of medicinal plants, including 4 aboriginal species: stephaniae glabrae tuber, radix codonopsis, fallopia multiflora, teasel (dipsacus japonica) and 9 imported species: artichoke, eucommia ulmoides, radix angelicae, angelica sinensis, phellodendri amurensis, saussurea lappa clarke, aconitum fortunei, false ginseng (panax pseudo-ginseng) and ligusticum wallichii, on an area of about 2,550 ha. To prioritize the development of artichoke, angelica sinensis and radix codonopsis…

This Decision takes effect on the signing date.

 

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