Legal Document Updates in English (08/2018)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

35/2017/TT-BTDTBXH

Circular No. 35/2017/TT-BLDTBXH dated December 29, 2017 of the Ministry of Labor, War Invalids and Social Affairs on management, operation and utilization of the database of guest worker program

 

Issuance of guest worker program licenses via network

Page 2

TAX – FEE – CHARGE  

 

TAX – FEE – CHARGE

2

03/2018/TT-BTC

Circular No. 03/2018/TT-BTC dated January 12, 2018 of the Ministry of Finance on amending a number of Articles of the Circular No. 273/2016/TT-BTC 273/2016/TT-BTC on fees for telecommunications operations and charges for issuance of license for telecommunications services and license for telecommunications operations and collection, waiver, transfer, management and use thereof

 

To annul the regulations on fees for repair of submarine telecommunications cable lines

Page 2

CONSTRUCTION

 

CONSTRUCTION

3

14/2017/TT-BXD

Circular No. 14/2017/TT-BXD dated December 28, 2017 of the Ministry of Construction guiding the determination and management of costs of urban public services

 

New provisions about determining cost of urban public services

Page 2

MEDICAL - HEALTH

 

MEDICAL - HEALTH

4

52/2017/TT-BYT

Circular No. 52/2017/TT-BYT dated December 29, 2017 of the Ministry of Health providing for prescription of modern drugs and bio-logical in outpatient treatment

 

Prescriptions for children under 72 months must specify their parent’s information

Page 3

COMMERCE – ADVERTISING

 

COMMERCE - ADVERTISING

5

09/2018/ND-CP

Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government guiding the Law on Commerce and the law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested business entities in Vietnam

 

Not issuing business license for a foreign investor that incur overdue tax

Page 3

SUMMARY:

Ü  TAX – FEE – CHARGE          


ISSUANCE OF GUEST WORKER PROGRAM LICENSES VIA NETWORK

On December 29, 2017, the Ministry of Labor, War Invalids and Social Affairs issued Circular No.  35/2017/TT-BLDTBXH on management, operation and ultilization of the database of guest worker program.

According to this Circular, an enterprise shall log in the database at address csdl.dolab.gov.vn using its account, access the tab “New permit” to fill information in the application for permit; upload an application for guest worker program license.

Within 5 working days from the date on which the application for licensing through database, the licensing agency shall reply whether the application is satisfactory or unsatisfactory with laws and regulations at website csdl.dolab.gov.vn; if the application is rejected, the licensing

 

agency shall provide explanation in writing and request the enterprise to provide required documentation.

Within 5 working days from the date on which the reply certifying the satisfactory application is received, the enterprise shall submit an original of application to the licensing agency for inspection and collation as prescribed.

After the license is issued, the result shall be showed on website of the Department of Overseas Labor Management and csdl.dolab.gov.vn. The enterprise’s registration account shall be deleted from the website csdl.dolab.gov.vn if the application is considered unsatisfactory and the current license is not renewed within 30 days from the receipt of response from the licensing agency.

This Circular takes effect on February 12, 2018.

Ü  TAX – FEE – CHARGE      


TO ANNUL THE REGULATIONS ON FEES FOR REPAIR OF
SUBMARINE TELECOMMUNICATIONS CABLE LINES

On January 12, 2018, the Ministry of Finance issued the Circular No. 03/2018/TT-BTC on amending a number of Articles of the Circular No. 273/2016/TT-BTC   on fees for telecommunications operations and charges for issuance of license for telecommunications services and license for telecommunications operations and collection, waiver, transfer, management and use thereof.

Accordingly, the Circular amends and supplement the Schedule of fees and charges for issuance of license for
 

telecommunications operations attached with the Circular No. 273/2016/TT-BTC. In particular, there is no regulations on maintenance of submarine telecommunications cable lines (first or new license). Fees for establishment of exclusive-use public telecommunications network, fees for testing of telecommunications services and networks, and fees for installation of submarine telecommunications cables have no changes.

This Circular takes effect on March 01, 2018.

Ü  CONSTRUCTION 


NEW PROVISIONS ABOUT DETERMINING COST OF URBAN PUBLIC SERVICES

At the Circular No. 14/2017/TT-BXD dated December 28, 2017, the Ministry of Construction has guidance the determination and management of costs of urban public services, including costs of collecting and transporting municipal solid waste; Maintaining urban lighting system; Maintaining and developing urban green spaces and trees.

The cost estimate of urban public services includes direct costs (material cost, labor cost, and costs of vehicles, machinery and equipment), general administration cost, profit target and VAT (if any). Within that, General administration cost includes expenses in general for managing or executive board of an enterprise, indirect managing costs, costs of worker services (including labor safety cost and costs of working tools and devices), payments of loan interests to banks and other credit institutions, social expenses payable by the employer

 

 

(including compulsory contributions of social insurance, health insurance, unemployment and union dues), fees and charges, costs of leasing assets and houses/workshops (if any), costs of depreciation and repair of fixed assets in service of the enterprise’s executive or managing board, costs of hiring auditors…

Costs of urban public services determined according to this guidance shall be used as the basis for determining cost estimates, considering and deciding prices of public services by means of bidding or commissioning for provision of urban public services, and also the basis for negotiating contracts/agreements, making payments and finalizing contracts/agreements for provision of these public services.

This Circular takes effect on February 15, 2018.

Ü  MEDICAL - HEALTH   


PRESCRIPTIONS FOR CHILDREN UNDER 72 MONTHS
MUST SPECIFY THEIR PARENT’S INFORMATION

According to Circular No. 52/2017/TT-BYT dated December 29, 2017 of the Ministry of Health providing for prescription of modern drugs and bio-logical in outpatient treatment, prescribed a prescription shall be valid for buying/receiving drugs within 05 days from the prescription date.

With regards to patient is a child aged under 72 months, the prescription must specify the child’s months of age, full name and ID or Citizen Identity Card’s number of the child's parent or guardian. Prescription contents must exactly specify the patient's permanent or temporary address, including house number, street, residential group or hamlet/village, commune/ward/town, district, province/city.

 

Prescriptions are made up only after having results of medical examination and diagnosis; The quantity of drugs in a prescription shall conform to clinical guidelines on diagnosis and treatment or must be enough for use up to 30 (thirty) days; The information about medicines or substances that are not used for medicinal purposes; medicines which are not licensed for sale in Vietnam; functional foods; cosmetics are not written out in prescriptions; Prescription of single-substance drugs or generic drugs is given priority.

This Circular takes effect on March 01, 2018.

Ü  COMMERCE – ADVERTISING   


NOT ISSUING BUSINESS LICENSE FOR A FOREIGN INVESTOR
THAT INCUR OVERDUE TAX

This is provisions in Decree No. 09/2018/ND-CP dated   January 15, 2018 of the Government guiding the Law on Commerce and the law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested business entities in Vietnam.

According to this Decree, business license shall be issued for foreign investor from a country or territory which has acceded to a treaty to which Vietnam is a signatory and under which Vietnam has committed to open its market for sale of goods that meet these conditions: Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year; Acquire a financial plan deemed qualified to apply for a business license…

 

With regards to a foreign investor not from a country or territory which has acceded to a treaty to which Vietnam is a signatory, beside these above conditions, shall meet the criteria such as: In conformity with the extent of competitiveness of domestic enterprises within the same sector; Employment creation for domestic workers; Potential and actual contribution to State budget.

In case of rice; sugar; recorded items; books, newspapers and magazines, shall consider issuing retail distribution right to a foreign-invested business entity having retail outlets in forms of supermarkets, mini supermarket, convenience stores to sell above goods.

This Decree takes effect on January 15, 2018.

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