Legal Document Updates in English (12/2014)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

219/2013/TT-BTC

Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of the Law on Value-Added Tax and the Decree No. 209/2013/ND-CP dated December 18, 2013 of the Government on detailing and guiding implementation of several articles of Law on Value-Added Tax

 

Conditions to apply 0% VAT

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

2

09/2014/TT-NHNN

Circular No. 09/2014/TT-NHNN dated March 18, 2014 of the Vietnam State Bank amending, supplementing a number of Articles of the Circular No. 02/2013/TT-NHNN dated January 21, 2013 of the State Bank of Vietnam on classification of assets, levels and methods of setting up of risk provisions, and use of provisions against credit risk in the banking activity of credit institutions, foreign banks’ branches

 

Price appraisal results shall be effective within 12 months

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

 

3

44/2013/TTLT-BCT-BKHCN

Joint Circular No. 44/2013/TTLT-BCT-BKHCN dated December 31, 2013 of the Ministry of Industry and Trade and the Ministry of Science and Technology providing the management of the domestically produced and imported steel quality

 

Domestically-produced steel  must have announcement of technical-regulation conformity

Page 2

4

33/2013/TT-BCT

Circular No. 33/2013/TT-BCT dated December 18, 2013 of the Ministry of Industry and Trade prescribing the import of raw material tobacco under 2014 quotas

 

Import tariff quotas for raw material tobacco in 2014

Page 3

SOCIAL – ECONOMIC POLICIES

 

SOCIAL – ECONOMIC POLICIES

 

5

210/2013/ND-CP

Decree No. 210/2013/ND-CP of December 19, 2013 on incentive policies for enterprises investing in agriculture and rural areas

 

Conditions of investment supports for cattle raising establishments

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


CONDITIONS TO APPLY 0% VAT
 

On December 31, 2013, the Ministry of Finance issued the Circular No. 219/2013/TT-BTC guiding the implementation of the Law on Value-Added Tax and the Decree No. 209/2013/ND-CP dated December 18, 2013 of the Government on detailing and guiding implementation of several articles of Law on Value-Added Tax

Within that, the most important content is the application of 0% VAT. Accordingly, exported goods with  a sale contract, export processing contract, or export entrustment contract; bank receipts for payment for exported goods and other documents prescribed by law; a customs declaration if customs procedure has been completed and if the taxpayer exports software programs in the form of physical packages, the customs declaration must be made similarly to ordinary goods in order to deduct input VAT shall be applied 0% VAT. Apart from presenting the aforesaid documents, providers of repair services for foreign aircraft and sea vessels must follow the procedure for importing the

 

aircraft or vessel to Vietnam, and follow the procedure for exporting them after they are repaired in order to be eligible for 0% tax.

Besides, the Circular also details the cases exempted for declaring and paying VAT. In particular, an organization or individual receives a monetary compensation , bonus, allowance, or payment for transfer of emission permit, or other revenues. Any taxpayer that receives a monetary compensation, bonus, allowance, payment for transfer of emission permits, or other revenues must make a receipt for such revenues. The taxpayer shall make receipts for spending according to the spending purposes. If compensation is provided in the form of goods/services, the provider of compensation must issue an invoice, declare and pay VAT as if such goods/services are sold; the recipient of compensation shall declare and deduct tax as prescribed.

This Circular takes effect on January 01, 2014.

Ü FINANCE - BANKING


PRICE APPRAISAL RESULTS SHALL BE EFFECTIVE WITHIN 12 MONTHS
 

In accordance with the Circular No. 09/2014/TT-NHNN dated March 18, 2014 of the Vietnam State Bank amending, supplementing a number of Articles of the Circular No. 02/2013/TT-NHNN dated January 21, 2013 of the State Bank of Vietnam on classification of assets, levels and methods of setting up of risk provisions, and use of provisions against credit risk in the banking activity of credit institutions, foreign banks’ branches. The price appraisal results of organization which have function on price appraisal as stipulated by the law used to determine the value of security asset by credit institutions, foreign bank branch shall be deducted when counting the specific levels of setting up provisions and be effective within 12 months since the organization which have function on price appraisal signs the appraisal document as stipulated by the law.

At the same time, the Circular also allows to reschedule the due date and keeping the same number of loan group such as credit institution, foreign bank’s branch shall consider and reschedule the due date and keep the same loan groups as classified before rescheduling the due date and credit institution, foreign bank branch shall restructure the

 

due date and keep the same loan groups must implement the following requirements such as credit institution, foreign bank branch issued the internal regulations on controlling, supervising the reschedule of the due date and keeping the same loan group in the whole system, having the internal controlling mechanism for rescheduling the due date and keeping the same loan group, ensuring the supervision and preventing the distortion on credit quality.

Credit institution, foreign bank branch must review, make judgment about the paying ability of customers after rescheduling the due date and keeping the same loan group. At the same time, within five years, in the first day of each month or when being requested by the State Bank, credit institution, foreign bank branch must send the report to the State Bank (Inspection and Supervision Agency) on the implementation of rescheduling the repayment term and keep the same loan group according to the form under the Appendix No. 01 promulgated together with this Circular.

This Circular takes effect on March 20, 2014.

Ü EXPORT - IMPORT


DOMESTICALLY-PRODUCED STEEL  MUST HAVE ANNOUNCEMENT OF
TECHNICAL-REGULATION CONFORMITY
 

This is the requirement of the Ministry of Industry and Trade in the Joint Circular No.  44/2013/TTLT-BCT-BKHCN dated December 31, 2013 of the Ministry of Industry and Trade and the Ministry of Science and Technology providing the management of the domestically produced and imported steel quality.

In particular, organizations and individuals domestically producing steel must announce products conformable with the corresponding national technical regulations as prescribed in Circular No. 28/2012/TT-BKHCN dated December 12, 2012; in case where the national technical regulations (QCVN) are not available, organizations and individuals domestically producing steel shall announce the applied standards (basic standards, national standards of Vietnam (TCVN), standards of other countries, international standards, and regional standards) for products and goods.

 

Organizations and individuals importing steel must announce the applying standard (basic standards, national standards of Vietnam (TCVN), standards of other countries, international standards, and regional standards) for goods in import contracts. Import steel must be evaluated the conformity by the conformity evaluation organizations which are appointed.

For steel products which are produced by a same producer with volume of next import not exceeding average of 3 previous import times, after 3 continuous quality check times, which satisfy requirements, such products will be exempted or decreased check and only conduct the probability check.    If batch of goods fail to satisfy quality requirements, the check will be conducted according to the prescribed orders and procedures.

This Circular takes effect on June 01, 2014.


IMPORT TARIFF QUOTAS FOR RAW MATERIAL TOBACCO IN 2014
 

On December 12, 2013, the Ministry of Industry and Trade issued the Circular No. 33/2013/TT-BCT of December 18, 2013 prescribing the import of raw material tobacco  under 2014 quotas.

Accordingly, the volume of raw material tobacco (HS code 2401) to be imported under 2014 quotas is 44,100 tons. And the allocation of import tariff quotas for raw material tobacco must comply with Circular No. 04/2006/TT-BTM of

 

April 6, 2006, of the Ministry of Trade guiding a number of provisions of the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international purchase and sale of goods and purchase and sale agency, processing and transit of goods with foreign parties.

This Circular takes effect from January 1, 2014, through December 31, 2014.

Ü SOCIAL – ECONOMIC POLICIES


CONDITIONS OF INVESTMENT SUPPORTS FOR
CATTLE RAISING ESTABLISHMENTS
 

On December 19, 2013, the Government issued the Decree No. 210/2013/ND-CP of December 19, 2013 on incentive policies for enterprises investing in agriculture and rural areas, decide to support of VND 3 billion/project, particularly for raising high-yield milk cows, the support level is VND 5 billion/project for building infrastructure of waste treatment, roads, electricity, water, workshops and pasture, and for purchasing equipment. If road and electricity and water supply and drainage systems are not available at the project site, in addition to the support level, the project is entitled to a support equal to 70% of the expenses for building those items, which, however, must not exceed VND 5 billion.

An investment project entitled to the supports must raises at least 1,000 porkers in a concentrated manner; or at least 500 beef buffaloes or cows or meat goats or

 

sheep; or at least 200 imported high-yield beef cows; or at least 500 imported high-yield milk cows; It is within the planning approved by a competent state agency or its investment is approved by the provincial-level People’s Committee if no approved master plan is available and ensures veterinary hygiene, epidemic prevention and control safety, food safety and environmental protection in accordance with the laws on animal health, food safety and environmental protection.

This Decree takes effect on February 10, 2014 and replaces the Government’s Decree No. 61/2010/ND-CP of June 4, 2010.

 

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