Legal Document Updates in English (07/2020)

PERSONS DIRECTLY ENGAGED IN FOOD PRODUCTION
 MUST NOT BE INFECTED WITH HEPATITIS A AND E
 

On February 05, 2020, the Government issues the Decree No. 17/2020/ND-CP on amending and supplementing a number of Articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade.

Accordingly, the Government adds a number of requirement to food manufacturer, such as: The area of production, processing, packaging, transportation, storage and trading of food must be clean; Having a separate place for sample storage and sample storage records, ensuring compliance with the regime of sample storage and destruction according to storage requirements of each sample; Having a separate area for temporarily storing substandard products pending disposal.

FROM MARCH 05, 2020, ROYALTY-LIABLE PRICES
OF MANY MINERALS SHALL CHANGE
 

On January 20, 2020, the Ministry of Finance issues the Circular No. 05/2020/TT-BTC on amending and supplementing a number of Articles of the Circular No. 05/2020/TT-BTC dated May 12, 2017 of the Minister of Finance on 44/2017/TT-BTC on the frame of royalty-liable prices for groups and types of resources with similar physical and chemical property.

Accordingly, to change the minimum royalty-liable prices of soil exploited for ground leveling and work construction from VND 49.000 per m3 down to VND 27.000 per m3. The maximum price remains unchanged.

In addition, as the former regulations, limestone for manufacturing industrial lime (exploited mineral) shall have the minimum royalty-liable prices of VND 161.000 per m3 and the maximum royalty-liable prices of VND 63.000 per m3, now the royalty-liable prices shall be lower to VND 63.000 per m3 and VND 90.000 per m3.

For the backfill sand (including saline sand), which has the former maximum royalty-liable price of VND 80.000 per m3now shall be up to VND 200.000 per m3. Besides, this Circular add a  frame of royalty-liable prices for CO2 which is recovered from natural mineral water with the minimum price of VND 2.3 million per ton and the maximum price of VND 2.8 million per ton.

This Circular also repeal the transitional provisions of the Circular No. 44/2017/TT-BTC on that the type of resources in the price table of royalties tax issued by the provincial People's Committee no longer consistent with the price frame of taxable natural resources, the provincial People's Committee shall issue the adjusted document that no later than 90 days from the Circular No. 44/2017/TT-BTC is no longer applicable.

This Circular takes effect from March 05, 2020.

TRADERS THAT DON’T HAVE LICENSE
 MUST ENTRUST ANOTHER ENTERPRISE TO IMPORT USED CARS
 

On January 22, 2020, the Ministry of Industry and Trade issues the Circular No. 04/2020/TT-BCT on providing regulations on auction of  import tariff quotas of used automobiles according to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Accordingly, the Ministry of Industry and Trade must have a written notice on assigning the use rights of import tariff quotas of used automobiles for traders winning the auction within 14 days after having result of the Auction Council.

FROM APRIL 01, TENANT LENDING
OFFICIAL RESIDENCE SHALL NOT BE FINED
 

On February 17, 2020, the Government promulgates the Decree No. 21/2020/ND-CP on amending and supplementing a number of Articles of the Decree No.  139/2017/ND-CP on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings.

shall be fined from VND 50 - 60 million; and such fine shall not impose on the acts of lending official residences.

Besides, state-owned house lessee or tenant who lend such house without the approval by a competent authority shall not be fined as in previous regulations.

To be specific: from the effective date of this Decree, state-owned house lessee or tenant exchanging, selling or sub-leasing of house without the approval by a competent authority as regulated by law shall be fined from VND 50 - 60 million.

STRIVE TO THE END OF 2020,
 TO INCREASE CHARTER CAPITAL FOR THE AGRIBANK
 

On January 01, 2020, the Government issues the Resolution No. 01/NQ-CP on major tasks and solutions guiding the realization of the Socio-economic development Plan and State budget estimates for 2020.

Accordingly, by the end of 2020; commercial banks meeting minimum capital requirements under the Basel I; commercial banks in which the State holds at least 50% of charter capital and the Viet Nam Bank for Agriculture and Rural Development (hereinafter referred to as the AgriBank) shall be timely increased charter capital. To achieve the above goals, the Government requires Ministries, agencies and branches to intensify inspection, examination and

monitoring, especially in high risk areas; to regulatory sandbox for fintech activities…

In addition, the Government also requires relevant agencies to continue drastic reforms and develop an independent and self-reliant economy; complete and make public values of more than 90 State-owned enterprises planned to be equitized; withdraw capital from more than 100 enterprises as planned. On the other hand, to focus on removing obstacles, improving business environment and increase global competitiveness index by 10 places; make public a white book on enterprises.

TO ADD 24 BORDER GATES APPLYING
CUSTOMS DECLARATIONS FOR PEOPLE ON EXIT AND ENTRY
 

On February 11, 2020, the Ministry of Finance issues the Decision No. 184/QD-BTC on the addition of the List of border gates applying customs declarations for people on exit and entry.

Accordingly, the Ministry of Finance add 24 border gates applying customs declarations for people on exit and entry. To be specific: Border gates: Khanh Binh, Vinh Hoi Dong in An Giang province; Cat Bi International Airport in Hai Phong province; Phu Quoc International Airport in Kien Giang province; Cam Ranh International Airport in Khanh Hoa

province; Dong Dang International Railway Station, Chi Ma in Lang Son province; Cua Lo and Vinh Airport in Nghe An province and Can Tho International Airport...

The General Director of Customs, Chief Office of the Ministry of Finance, Heads of units of the Ministry of Finance and relevant agencies, organizations and individuals shall be responsible for the implementation of this Decision.

This Decision takes effect on the signing date.