Legal Document Updates in English (13/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

49/2014/TT-BCT

Circular No. 49/2014/TT-BCT dated December 15, 2014 of the Ministry of Industry and Trade on the import of material tobacco under the 2015 tariff quotas

 

Material tobacco’s imported under the 2015 tariff quotas is 46,305 tons

Page 2

EXPORT - IMPORT

 

EXPORT - IMPORT

2

73/2014/QD-TTg

Decision No. 73/2014/QD-TTg dated December 19, 2014 of the Prime Minister providing the list of wastes permitted for import from overseas for use as production materials

 

36 wastes permitted for import from overseas for use as production materials

Page 2

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING - VOCATON

3

124/2014/ND-CP

Decree No. 124/2014/ND-CP dated December 29, 2014 of the Government amending Clause 6, Article 31 of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education

 

Annul the experience factor for preschool foreign teachers

Page 2

4

77/2014/QD-TTg

Decision No. 77/2014/QD-TTg dated December 24, 2014 of the Prime Minister providing levels of vocational training support for employees covered by unemployment insurance

 

Support VND 1 billion/person/month for employees covered by unemployment insurance

Page 2

MARRIAGE – FAMILY

 

MARRIAGE - FAMILY

5

126/2014/ND-CP

Decree No. 126/2014/ND-CP dated December 31, 2014 of the Government detailing a number of articles and measures for implementation of the Law on Marriage and Family

 

Lottery prizes are the lawful incomes of husband and wife in the marriage period

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


MATERIAL TOBACCO’S IMPORTED UNDER THE 2015 TARIFF QUOTAS
IS 46,305 TONS
 

On December 15, 2014, the Ministry of Industry and Trade issued the Circular No. 49/2014/TT-BCT on the import of material tobacco under the 2015 tariff quotas.

Accordingly, from January 01, 2015 to December 31, 2015, the material tobacco (HS Code 2401) to be imported under the 2015 tariff quotas is 46,305 tons, increased by 2,205 tons compared with the tariff  quotas in 2014. Material

 

tobacco import tariff quotas shall be allocated to traders licensed for production of cigarettes by the Ministry of Industry and Trade and having the demand to use a certain proportion of imported material tobacco for production of cigarettes as certified by the Ministry of Industry and Trade.

This Circular takes effect from January 01, through December 31, 2015

Ü EXPORT - IMPORT


36 WASTES PERMITTED FOR IMPORT FROM OVERSEAS FOR USE
AS PRODUCTION MATERIALS
 

On December 19, 2014, the Prime Minister signed the Decision No. 73/2014/QD-TTg providing the list of wastes permitted for import from overseas for use as production materials.

The List includes 36 wastes permitted for import from overseas for use as production materials. Within that gypsum; granulated slag (slag sand) from the manufacture of iron or steel; chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; waste and scarp of plastics of polyethylene (PE); waste and scarp of plastics of polyvinyl chloride (PVC); waste and 

 

scarp of other plastics; recovered paper or paperboard (waste and scrap); silk waste; cullet and other waste and scrap of glass; glass in the mass; waste and scrap of cast iron; waste and scrap of alloy steel; waste and scrap of tinned iron or steel; other waste and scrap of iron or steel; remelting scrap ingots; copper waste and scrap; nickel waste and scrap; aluminum waste and scrap..

This Decision does not apply to the temporary import for re-export, border-gate transfer and transit via the Vietnamese territory of wastes. This Decision takes effect on February 5, 2015.

Ü EDCUATION – TRAINING - VOCATION


ANNUL THE EXPERIENCE FACTOR FOR PRESCHOOL
FOREIGN TEACHERS
 

In accordance with the Decree No. 124/2014/ND-CP dated December 29, 2014 of the Government amending Clause 6, Article 31 of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education, from February 16, 2015, The foreign teachers and lecturers teaching in short-term training institutions, preschool education institutions, compulsory education institutions, vocational education institutions, and higher education institutions capitalized by foreign partners must not have at least 5 years of experience in the disciplines that they teach.

Besides, the Decree also focuses that foreign teachers and lecturers of foreign-invested vocational education

 

institutions and higher education institutions must satisfy the conditions such as the maximum ratio of students to teachers is 25 students per teacher, applicable to social science, economics, and services; 20 students per teacher, applicable to technology disciplines; 15 students per teachers, applicable to arts; the proportion of teachers that hold post-graduate degrees must not be lower than 15% total number of teachers in vocational intermediate schools and vocational colleges or the quantity of permanent teachers must be able to undertake at least 60% of the program of each discipline …and have at least 5 years’ experience in their teaching specialties.

This Decree takes effect on February 16, 2015.


SUPPORT VND 1 BILLION/PERSON/MONTH FOR EMPLOYEES COVERED
BY UNEMPLOYMENT INSURANCE
 

This is the content prescribed at the Decision No. 77/2014/QD-TTg dated December 24, 014 of the Prime Minister  providing levels of vocational training support for employees covered by unemployment insurance.

In particular, from January 01, 2015, the maximum level of vocational training support for employees covered by unemployment insurance is VND 1 billion/person/month instead of the previous level of employees is VND 1 billion/person/course for the course of 3 months or above and the previous maximum level of vocational training support is VND 1 billion/person/month. The specific levels of support are calculated by month and based on occupations, tuition fee rates and actual training durations.

In case employees attending vocational training courses of which the duration have several days outside full months

 

according to the vocational training institutions’ regulations, such odd days shall be rounded up as a full month to determine the level of vocational training support. Employees covered by unemployment insurance and currently attending vocational training courses with a vocation training cost higher than the level of support shall pay the difference.

Employees who submit dossiers for enjoyment of unemployment allowances or for whom decisions on enjoyment of unemployment allowance are issued before January 1, 2015, and have the demand for vocational training after January 1, 2015, are entitled to the support.

This Decision takes effect on February 10, 2015

Ü MARRIAGE - FAMILY


LOTTERY PRIZES ARE THE LAWFUL INCOMES OF HUSBAND AND WIFE
IN THE MARRIAGE PERIOD
 

On December 31, 2014, the Government issued the Decree No. 126/2014/ND-CP detailing a number of articles and measures for implementation of the Law on Marriage and Family, within that, one of the important contents is the regulations on lawful incomes of husband and wife in the marriage period.

Accordingly, the economic right to intellectual property objects as prescribed by the law on intellectual property; property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency; allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse are the separate property of husband and wife.

Also in accordance with this Decree, bonuses, lottery prizes and allowances are lawful incomes of husband and wife in the marriage period (except for allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse). Common property of husband and wife subject to registration under Article 34 of the Law on Marriage and Family includes land use rights and other property for which use or ownership registration is required by law. For common property of husband and wife which has been registered under the

 

name of a spouse, the other spouse is entitled to request a competent agency to grant a new certificate of ownership or land use rights in which both spouses are named. In case common property is divided in the marriage period and both spouses are named in the certificate of ownership or land use rights, the spouse who receives the divided property in kind is entitled to request the property registration agency to re-grant a certificate of ownership or land use rights on the basis of the spouses’ written agreement or the court decision on division of common property.

Besides, the Decree also regulates in details backward marriage and family practices which must be banned from application such as polygamy; marriage between people of the same direct line of descent, between relatives within three generations; asking for high wedding presents of commercial nature (asking for silver, cash, dowries, buffaloes, cows, gongs… as wedding offerings). Getting married before the ages; marriage registration is not carried out by competent state agencies; forcing marriages due to physiognomy and astronomy reading and superstition; obstructing marriages due to ethnic and religious differences; prohibiting marriages between relatives of the fourth generation on; forcing the son-in-law to stay matrilocally to work for his parents-in-law after the marriage if his family has no money for wedding and no wedding presents are also the backward marriage and family practices needed to be banned.

This Decree takes effect on February 15, 2015

 

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