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| NUMBER | TITLE |
| In This Updates: | |
TAX – FEE – CHARGE |
| TAX – FEE – CHARGE | |||
1 | Circular No. 21/2016/TT-BTC dated February 05, 2016 of the Ministry of Finance guiding on declaration of value added tax and priorities of enterprise income tax as stipulated under the Decree No. 111/2015/ND-CP dated November 03, 2015 on development of supporting industries |
| {C}{C}* Guides on declaration of value-added tax and incentives for projects manufacturing supporting industry products | Page 2 | |
2 | Circular No. 204/2015/TT-BTC dated December 21, 2015 of the Ministry of Finance providing for application of risk management in tax management |
| {C}{C}* Assess the compliance with the tax law | Page 2 | |
LABOR - SALARY |
| LABOR - SALARY | |||
3 | Circular No. 58/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid |
| {C}{C}* Adjusting salaries and monthly incomes for which the social insurance premiums | Page 3 | |
JUSTICE |
| JUSTICE | |||
4 | Law No. 94/2015/QH13 dated November 25, 2015 of the National Assembly On Enforcement of Custody and Temporary Detention |
| {C}{C}* Person held in temporary detention allowed meeting relatives one per month | Page 3 | |
TRANSPORTATION |
| TRANSPORTATION | |||
5 | Code No. 95/2015/QH13 dated November 25, 2016 of the National Assembly on the Vietnam Maritime Code |
| {C}{C}* To annul the regulations on crewmen’s passport | Page 4 | |
SUMMARY:
Ü TAX – FEE – CHARGE
| ||
On February 05, 2016, the Ministry of Finance issued the Circular No. 21/2016/TT-BTC guiding on declaration of value added tax and priorities of enterprise income tax as stipulated under the Decree No. 111/2015/ND-CP dated November 03, 2015 on development of supporting industries. Accordingly, for tax payers being organizations manufacturing supporting industry products on the list of products of supporting industries prioritized for development in the territory of Vietnam, tax payers shall declare value-added tax by quarter for income of supporting industry products on the list of products of supporting industries prioritized for development (regardless of income being under 50 billion dong or more). The form of declaration of value-added tax is also applied in the case that if income of tax payers come from both income of supporting industry products on the list of products of supporting industries prioritized for development and income of other business
| operation, tax payers shall also declare value-added tax by quarter. If not declaring by quarter, tax payers may declare value-added tax by month and notify to the tax department as stipulated under the law on tax management. Particularly, tax payers being individuals that have income arising from supporting industry products on the list of products of supporting industries prioritized for development shall declare value-added tax by year and submit value-added tax by quarter. If paying tax by each time arising income of supporting industry products on the list of products of supporting industries prioritized for development, tax payers shall declare and submit value-added tax by each arising time or may declare and submit value-added tax by month. This Circular takes effect from April 01, 2016. Incentives of enterprise income tax as stipulated under this Circular shall apply for the period of enterprise income tax from 2015. | |
| ||
On December 21, 2015, the Ministry of Finance issued the Circular No. 204/2015/TT-BTC providing for application of risk management in tax management including tax registration, declaration, payment, tax debt and enforcement of implementation of administrative decisions on tax, tax refund, tax verification and inspection, creation, printing, issue, management and use of printed matters of tax and other tax management operations during the implementation of operations. In accordance with this Circular, the taxpayers are assessed to be good compliant taxpayers if meeting all of the conditions such as operating and making timely and complete declaration and paying prescribed taxes; the taxes paid are consistent with scale and investment and business area of enterprises; well complying with regulations on management and use of printed matters of tax within two (02) years and earlier to the date of assessment; the proportion of payment of taxes related to production and business (value-added tax, corporate income tax ...) on the turnover has reached over the average level compared with the average level of enterprises doing business and production of the same areas and industries… The taxpayers are assessed as the low compliant taxpayers and are subject to one of the cases as being subject to one of the following cases to the time of assessment: not yet | making tax declaration and submitting tax declaration dossier completely and on schedule of at least 01/3 (one third) of number of prescribed declaration forms within 12 months; the periods of negative declaration of value added tax are continuous and above the average level compared with the general average of enterprises doing business and production of the same area and business line; having the cumulative number exceeding 50% (fifty percent) of owner’s equity of enterprise to the time of assessment, within 02 (two) continuous years and earlier to the date of assessment; or from the date of establishment to the date of assessment for the taxpayers having the time of establishment of less than 02 (two) years. Besides, the Circular also requires closely monitoring taxpayers with signs of violation of tax law, the taxpayers in the following cases of close monitoring about tax are the taxpayers with the signs such as the taxpayers doing transactions through banks have doubtful signs as prescribed by law on prevention and control of money laundry related to the tax evasion and tax fraud; the taxpayers or their legal representatives are prosecuted for acts of violation of tax and printed matters of tax; the taxpayers with high risk levels of tax about major issues need monitoring of tax management. This Circular takes effect on February 04, 2016. | |
Ü LABOR - SALARY
| ||
The Circular No. 58/2015/TT-BLDTBXH issued by the Ministry of Labor, War Invalids and Social Affairs on December 29, 2015 guiding the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid. In accordance with this Circular, the monthly salaries for which social insurance premiums have been paid of the entities shall be adjusted by formula: Monthly salaries for which social insurance premiums have been paid after annual adjustment equal Total salaries of month for which social insurance premiums have been paid upon the employer’s decision in each year multiplied by Adjustment rate of salaries for which social insurance premiums have been paid in corresponding year. As for the workers who have both period of paying social insurance premiums as entities enforcing the scheme of salaries prescribed by the State and period of paying social insurance premiums under the salary scheme decided by employers, the monthly salaries for which social insurance premiums have been paid upon the salary scheme decided by employers shall be adjusted. | The monthly incomes for which social insurance premiums have been paid of the entities shall be adjusted by the formula such as monthly incomes for which the voluntary social insurance premiums have been paid after annual adjustment equals total incomes of month for which social insurance premiums have been paid in each year multiplied by adjustment rate of monthly incomes for which social insurance premiums have been paid in corresponding year. In which, the adjustment rate of monthly incomes for which social insurance premiums have been paid in respective year shall be 1.01 in 2014, 1.00 in 2015 and 1.00 in 2016. As for the workers who have both period of paying compulsory social insurance and period of paying voluntary social insurance, the monthly incomes for which voluntary social insurance premiums have been paid shall be adjusted. This Circular takes effect on February 15, 2016; the provisions of this Circular shall apply on January 01, 2016. | |
Ü JUSTICE
| ||
The National Assembly has passed the Law No. 94/2015/QH13 dated November 25, 2015, persons held in custody may meet their relatives once during the period of custody and once during each extended period of custody. Persons held in temporary detention may meet their relatives once a month; any increase in the number of meetings with relatives or any meetings with persons other than relatives shall be approved by case-settling agencies. The time for each meeting must not exceed one hour. Under-18 persons held in custody or temporary detention may meet their relatives and defense counsels and have consular access with the number of visits doubling that of persons aged full 18 years or older. During the period of custody, a person held in custody may receive gifts from his/her relatives no more than once; if his/her period of custody is extended, for each extension, he/she may additionally receive gifts for one more time. A person held in temporary detention may receive gifts from his/her relatives at most three times a month. The quantity of food and drink received at a time must not exceed three times the ordinary daily food ration. Heads of detention facilities shall organize the receipt and examination of gifts, take out banned items, then hand over gifts to persons held in custody or temporary detention; inspect, prevent and stop acts of appropriating gifts of persons held in custody or | temporary detention. The Minister of Public Security and the Ministry of National Defense shall specify types of gifts that relatives may send to persons held in custody or temporary detention. A person held in custody or temporary detention is entitled to medical examination and treatment and epidemic prevention and control. In case of being ill or injured, he/she shall be examined and treated at the infirmary of the detention facility. If his/her serious illness or injury exceeds the detention facility’s capacity, he/she shall be referred to a district- or provincial-level health establishment, military hospital or central hospital for examination and treatment. Also in accordance with this Law, persons held in custody or temporary detention may be incarcerated in separate rooms for the persons who are homosexual persons, transgender persons; persons infected with group-A contagious diseases; persons sentenced to death; persons showing signs of suffering a mental disease or another disease that deprives them of perception or act control capacity but having not yet been examined, awaiting examination results or pending transfer to a compulsory medical establishment or pregnant women and women with under 36-month children living together. This Law takes effect on July 01, 2016. | |
Ü TRANSPORTATION
| ||
The Vietnam Maritime Code No. 95/2015/QH13 passed by the National Assembly on November 25, 2015, taking effect on July 01, 2017 with many important contents. Firstly, this Code annuls the regulation that crewmen working in Vietnam ships in the international borders must have crewmen’s passport to transit, instead, the crewmen needs only the passport. Hours of work shall be arranged in shifts in 24 consecutive hours, including weekends, public and new year holidays. a/ The minimum hours of rest must be 10 hours in any 24-hour period and 77 hours in any 7-day period; Hours of rest in any 24-hour period may be divided into no more than two periods, one of which must be at least 6 hours in length and the interval between two consecutive periods of rest must not exceed 14 hours. Crewmen working on board a seagoing ship are entitled to fully paid annual leave, public and new year holidays. Crewmen who have not yet taken | annual leave, public or new year holidays shall be arranged with compensatory leave. On the rights of the master, the Code prescribes that during a voyage, if means necessary for the completion of the voyage cannot be obtained in any other way, after having by all means sought instructions from the charterer and the shipowner but in vain, to pledge or sell part of the cargo. In this case, the master shall minimize the damage to the shipowner, the charterer and persons with interests related to the cargo; to borrow on behalf of the shipowner in necessary cases credit loans or cash amounts within the limit sufficient for repair of the seagoing ship, supplementation of crew, provisions for the ship or for satisfying other needs so that the voyage can be continued; and to sell superfluous appurtenances or surplus reserves of the seagoing ship within the limit prescribed in Clause 5 of this Article when it is inexpedient or impossible to wait for funds or instructions from the shipowner. | |
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