Legal Document Updates in English (12/2016)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

97/2015/QH13

Law No. 97/2015/QH13 dated November 25, 2015 of the National Assembly on Charges and Fees

 

Red-arrow_n From 2017, 17 products and services with their charges changed into prices

Page 2

FINANCE - BANKING

 

FINANCE - BANKING

2

48/2016/TT-BTC

Circular No. 48/2016/TT-BTC dated March 17, 2016 amending the preferential import tax rate for in the Heading 27.01 under the preferential import tariff

 

Red-arrow_n To reduce the preferential import tax rate for aviation spirit and automotive diesel fuel

Page 2

3

2589/QD-NHNN

Decision No. 2589/QD-NHNN dated December 17, 2015 of the State Bank of Vietnam On the maximum interest rate applicable to USD deposits of entities, individuals at credit institutions, foreign bank branches under the Circular No. 06/2014/TT-NHNN dated 17 March 2014

 

Red-arrow_n The maximum interest rate applicable to USD deposits of individuals decreased to 0% per year

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

4

772/QD-BYT

Decision No. 772/QD-BYT dated March 04, 2016 of the Ministry of Health on issuing the “Instructions on management of the antibiotic use in hospitals”

 

Red-arrow_n Instructions on management of the antibiotic use in hospitals

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

5

99/2015/QH13

Law No. 99/2015/QH13 dated November 26, 2015 of the National Assembly on Organization of Criminal Investigation Bodies

 

Red-arrow_n Investigators may mobilize and use transport means In case of emergency

Page 3

 

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


FROM 2017, 17 PRODUCTS AND SERVICES WITH THEIR CHARGES
CHANGED INTO PRICES
 

In accordance with the Law on Charges and Fees No. 97/2015/QH13 passed by the National Assembly November 25, 2015, 17 products and services with their charges changed into prices set by the State from January 01, 2017; within that, they are irrigation charge; charge for testing drugs used for animals and plants; charge for topography and drawing of cadastral maps; charge for marketplaces; road toll; ferry charge; charge for port or terminal use; pilotage due; charge for inspection of means of transport; vehicle-keeping charge; charge for epidemic prevention and control; charge for medical quarantine; charge for testing medicine samples; environmental protection charge for solid waste; sanitation charge; charge for securities operation…

Another important contents of this Law prescribes Subjects eligible for exemption or reduction of charges and fees
 

include children, poor households, the elderly, people with disabilities, people with meritorious service to the revolution, ethnic minority people living in communes facing extremely difficult socio-economic conditions, and a number of special subjects as prescribed by law.

Besides, the Law also prohibits that State agencies, public non-business units, organizations or individuals imposing and collecting on their own will any charge or fee; or collecting, remitting, managing and using charges and fees in contravention of law. At the same time, to publicly post up at the charge and fee collection places and on their websites the names and rates of charges and fees, charge and fee collection methods, charge and fee payers, charge and fee exemption and reduction, and documents on charges and fees.

This Law takes effect on January 01, 2017.

Ü FINANCE - BANKING


TO REDUCE THE PREFERENTIAL IMPORT TAX RATE FOR AVIATION SPIRIT
AND AUTOMOTIVE DIESEL FUEL
 

From March 18, 2016, the preferential import tax rate for aviation spirit, not of a kind used as jet fuel, is formally reduced from 10% to 7% is the important content prescribed at the Circular No. 48/2016/TT-BTC dated March 17, 2016 of the Ministry of Finance amending the preferential import tax rate for in the Heading 27.01 under the preferential import tariff.

The preferential import tax rate of 7% is also applicable to Bio-diesel fuels (B5, B10); while the previous import tax rate for this commodity is 10% and 13% in turn.

 

For other commodities, the import tax rate are the same with current regulations; within that, the preferential import tax rate of 20% are applicable for Motor spirit; Low aromatic solvents containing by weight less than 1% aromatic content; the import tax rate of 5% is applicable for lubricating oil feedstock, lubricating oils for aircraft engines, other lubricating oils, lubricating greases, transformer and circuit breakers oils…

This Circular takes effect on March 18, 2016.


THE MAXIMUM INTEREST RATE APPLICABLE TO USD DEPOSITS
OF INDIVIDUALS DECREASED TO 0% PER YEAR
 

This information has just been declared by the State Bank of Vietnam at the Decision No. 2589/QD-NHNN dated December 17, 2015 On the maximum interest rate applicable to USD deposits of entities, individuals at credit institutions, foreign bank branches under the Circular No. 06/2014/TT-NHNN dated  March 17, 2014.

In particular, instead of the interest rate of 0,25% promulgated at the end of September, 2015, from December 18, 2015, Maximum interest rate applicable to deposits of entities (other than credit institutions, foreign

 

bank branches) to be of 0%/annum, and maximum interest rate applicable to deposits of individuals to be of 0%/annum. . Interest rates applicable to term USD deposits of entities, individuals at credit institutions arising prior December 18, 2015 shall be implemented until the expiry of the term.

This Decision takes effect on December 18, 2015 and replaces the Decision No. 1938/QD-NHNN dated September 25, 2015.

Ü MEDICAL - HEALTH


INSTRUCTIONS ON MANAGEMENT OF THE ANTIBIOTIC USE IN HOSPITALS
 

The Minister of Health has issued the Decision No. 772/QD-BYT dated March 04, 2016 on issuing the “Instructions on management of the antibiotic use in hospitals”, medicine and Treatment Council provides counsels to the hospital's leadership to make decisions on the establishment of the body for management of the use of antibiotics in the hospital and on the missions assigned to each of its members, whose roles and mutual supports must be defined. The constituents of the antibiotic management body, the main members are bacterial disease/clinical doctors, clinical pharmacists, microbiologists, bacterial contamination control specialists, representatives of General planning faculty and Quality control faculty and other members are nurses, information technology specialists and personnel of the patient safety committee (if any).

The antibiotic management body  must have contributions to the establishment of regulations on the management of the use of antibiotics in the hospital, as participate in the establishment of guidelines for the use of antibiotics; participate in the making of the list of antibiotics requiring medical consultation before prescription; participate in the

 

 

establishment of the list of antibiotics ratified before use, prescription request form and procedures for the ratification of such antibiotics; participate in the development of guidelines for treatments against bacterial diseases commonly found in a hospital; participate in the preparation of documents and guidelines for clinical microbiology.

Other important content prescribed at this Decision is the Guidelines for choice of antibiotics. Accordingly, the choice of antibiotics is subject to the characteristics of the pathogen and patient, positions of bacterial infections, pharmacokinetics, pharmacodynamics and drug resistance model; clear indications of bacteria and results of antibiotic susceptibility tests facilitate the choice of the best effective and least virulent antibiotic that has the narrowest spectrum in correlation with the pathogens identified; de-escalate antibiotic treatment according to antibiotic susceptibility tests; prioritize 01 type of antibiotics according to antibiotic susceptibility tests; combine antibiotics only to intensify the destruction of bacteria, decrease the possibility of resistant species appearing and treat infections caused by various types of bacteria.

This Decision takes effect on the signing date.

Ü ORGANIZATIONAL STRUCTURE


INVESTIGATORS MAY MOBILIZE AND USE TRANSPORT MEANS
IN CASE OF EMERGENCY

 

In case of emergency, in order to stop criminal acts, pursue criminals or rescue victims, investigators may mobilize and use transport and communications means of agencies, organizations and individuals, and shall immediately return them when emergency circumstances no longer exist; in case of damage, the investigating bodies shall pay compensations is the important content prescribed at the Law On Organization of Criminal Investigation Bodies No. 99/2015/QH13 passed by the National Assembly on November 26, 2015.

Also in accordance with this Law, investigators must not do something such as things prescribed by law not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces; provision of consultancy to arrestees, persons held in custody, the accused, defendants, involved parties or other procedure participants, thereby making the settlement of cases or matters unlawful; interference in the settlement of cases or matters or abuse of their influence on persons in charge of

 

settlement of cases or matters; bringing case files or documents out of their offices not for the assigned tasks or without approval of competent persons; reception of the accused, defendants, involved parties or other procedure participants involved in cases or matters under their settling jurisdiction outside prescribed places.

Investigators are persons appointed to perform the criminal investigation task and are divided into the grades such as primary investigators; intermediate investigators and senior investigators. An investigator must possess a security university, police university, law bachelor or higher degree; have worked in a law-related field; have been professionally trained in investigation and being physically fit for the performance of assigned tasks. The term of office of an investigator appointed for the first time is 5 years; in case of re-appointment or grade promotion, his/her term of office is 10 years.

This Law takes effect on July 01, 2016.

 

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