Legal Document Updates in English (11/2014)

REGULATIONS ON TRANSFER AND DESTRUCTION OF DIPLOMATIC CARS
 

On February 11, 2014, the Ministry of Finance issued the Circular No. 19/2014/TT-BTC on the procedures for temporary import, re-export, destruction and transfer of cars and motorcycles for entities being entitled to diplomatic privileges and immunities in Viet Nam.

Accordingly, from March 28, 2014, before making procedures in temporary import, re-export, destruction, and transfer of cars and motorcycles of the entities being entitled to diplomatic privileges and immunities in Viet Nam, he diplomats of diplomatic missions, the consular officers of consular offices, the officials of representative offices of international organizations in Vietnam that are given diplomatic privileges and  immunity according to the International Agreements to which Vietnam is a signatory and the technical coordinators of diplomatic missions and consular offices that are given diplomatic privileges and immunity on the principle of reciprocity between Vietnam’s Government and the home country; officials of

PROHIBIT ALL ACTS TO PAY CASH IN HAND AND LET EMPLOYEE
TO PURCHASE PERSONAL PROTECTIVE EQUIPMENT
 

On February 12, 2014, the Ministry of Labor, War Invalids and Social Affairs  issued the Circular No. 04/2014/TT-BLDTBXH guiding the implementation of regulations on personal protective equipment.

Workers who during their work are in contact with dangerous and harmful elements such as contacting with disadvantageous physical elements; contacting with harmful chemicals and dust; contacting with harmful biological elements and disadvantageous working environment such as harmful virus, bacteria (transmittal diseases), harmful insects; polluted dung, water, sewage; other harmful biological elements; or working with machinery, equipment, working tools, or in positions with high risks of occupational accidents; working in the height, in mines, low-oxygen places; working on water, in forest or working in other dangerous and harmful working conditions shall be provided with personal protective equipment.

FOREIGN EXPERTS WORKING IN VIETNAM MUST  HAVE AT LEAST OF 05 WORKING YEARS
 

This is one of requirements for foreign laborers working in Vietnam prescribed at the Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of some articles of the Decree No. 102/2013/ND-CP of September 5, 2013, detailing a number of articles of the Labor Code regarding foreign workers in Vietnam.

Beside having the documentary evidence for foreign laborers who have least of 05 working years in the specialized line as trained and suitable with the work position which foreign laborer expected to work in Vietnam, foreign laborers being experts must have documentary evidence for foreign laborers who have qualification of engineers, masters or higher or equivalent qualification; written confirmation for being expert, which is recognized by competent agencies and organizations or foreign enterprises.

ANNUL THE REGULATIONS ON APARTMENT AREA DEFINED BY
THE CENTERLINE OF THE BOUNDARY WALLS
 

This adjustment prescribed at the Circular No. 03/2014/TT-BXD dated February 20, 2014 of the Ministry of Construction on amending the Article 21 of the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction specifying and guiding some contents of the Government's Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law.

The Circular points out clear that The carpet area of the apartment is illustrated in the figure below, and shall be written in the Certificate issued to the buyer, including the area of the walls separating the rooms inside the apartment, the area of the balcony and the loggia (if any), not including the area of the boundary walls of the house, the walls separating the apartments, the columns, and technical boxes inside the apartment. The area of the balcony is the area of its floor. If the balcony shares a wall, the boundary is the inner edge of that wall. When

NEW REGULATIONS ON SHORT-TERM LOAN’S INTEREST RATE
 

On March 17, 2014, the State Bank of Vietnam issued the Circular No. 08/2014/TT-NHNN dated March 17, 2014 of the Vietnam State Bank promulgating the interest rate for VND short-term loans of the credit institutions for the customers to satisfy funds demand serving some economic areas and sectors.

This Circular points out clearly that Credit institutions and foreign bank’s branches (hereinafter referred to as credit institutions) applying the interest rate for VND short-term loans shall not be allowed to exceed the maximum interest rate decided by the Governor in each period and for each kind of credit institutions.

PROJECT WITH TOTAL INVESTMENT OF VND 15 BILLION
MUSTN’T MAKE REVENUE AND EXPENDITURE ESTIMATES
 

On January 06, 2014, the Ministry of Finance issued the Circular No. 05/2014/TT-BTC dated January 06, 2014 of the Ministry of Finance promulgating the management and use of revenue from project management activities of investors, project management units of the state budget and Government’s bond-fund projects.

Accordingly, Investors and PMUs that manage a project with total investment of less than or equal to VND 15 billion shall be not required to make and approve the revenue and expenditure estimates of project management; but they must comply with expense contents such as salaries; remunerations to pay to laborers under contract; salary-based allowances; bonuses; collective welfare benefits; contributions; expenses for services; expenses for procurement of office supplies; expenses for information, propagation, communication; and not in excess of the deduction norms under regulations.

Above regulations shall be applied to the Group I: Being the investment project management units which are established under decisions of investors in order to manage one or several projects of investors and not eligible as having the independent legal person status, strict apparatus organizations and organization of accounting in accordance with accounting law; being eligible of capability in project

TEMPORARY IMPORT AND RE-EXPORT FOR THE USED CARS
MUST PAY A DEPOSIT OF VND 7 BILLION
 

This is one of the contents prescribed at the Circular No. 05/2014/TT-BCT dated January 27, 2014 of the Ministry of Industry and Trade providing for temporary import and re-export, temporary export for re-import, border-gate transfer of goods.

In particular, from February 20, 2014, Enterprises trading in temporary import and re-export for goods subject to excise tax such as beer made from malt; wine of fresh grapes; vermouth and other wine of fresh grapes flavored with plants or aromatic substances; other fermented beverage; cigars, cheroots, cigarillos and cigarettes must satisfy the conditions such as being established at least 2 (two) years, have had activities of goods export, import or temporary import and re-export and paid a deposit of VND 7 billion (seven billion Vietnam dong) at the provincial-level State Treasuries or branches of Commercial banks in provinces or cities where enterprises have been granted certificate of business registration or certificate of enterprise registration.

Above conditions are also applied for the Temporary import and re-export for the used goods subjected in Air or vacuum pumps, air or other gas compressors and fans