Legal Document Updates in English (15/2016)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

36/2016/TT-BTC

Circular No. 36/2016/TT-BTC dated February 26, 2016 of the Ministry of Finance guiding the implementation of the regulations on tax to organizations and individuals conducting the search, exploration and extraction of oil and gas according to regulation of the Law on Petroleum

 

* Deduct VAT of goods and services used for the search, exploration and development of oilfield

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

2

18/2015/ND-CP

Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan

 

* The total extension time of Asset Management Company‘s special bonds is no longer than 10 years

Page 2

INDUSTRY

 

INDUSTRY

3

19/2016/ND-CP


Decree No. 19/2016/ND-CP dated March 22, 2016 of the Government on gas business

 

* Change conditions on gas export and import

Page 2

4

428/QD-TTg

Decision No. 428/QD-TTg dated March 18, 2016 of the Prime Minister on approving revisions to the national power development plan from 2011 to 2020 with visions extended to 2030

 

* To supplement division of electricity price in two components: output price and electrical energy price

Page 3

5

403/QD-TTg


Decision No. 403/QD-TTg dated March 14, 2016 of the Prime Minister on approving the adjusted master plan for Vietnam’s coal industry development to 2020 and vision towards 2030

 

 

* To achieve the commercial coal yield of from 0.5-1.0 million tons by the year 2030

Page 3

 

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


DEDUCT VAT OF GOODS AND SERVICES USED FOR THE SEARCH,
EXPLORATION AND DEVELOPMENT OF OILFIELD
 

The input VAT of goods and services used for the search, exploration and development of oilfield to the first date of extraction or the first date of production shall be totally deducted is the content prescribed at the Circular No. 36/2016/TT-BTC dated February 26, 2016 of the Ministry of Finance guiding the implementation of the regulations on tax to organizations and individuals conducting the search, exploration and extraction of oil and gas according to regulation of the Law on Petroleum.

Where the petroleum contract does not detect the commercial oil and gas and terminates its effect by the decision of the competent level, the input VAT of goods and services used for the search, exploration and development of oilfield shall not be collected retrospectively.

Besides, the Circular also gives the way to determine the natural resources tax payable. In particular, the 

 

natural resources tax to the crude oil and natural gas is determined on the partially progressive basis of output of crude oil and natural gas extracted average daily of the total output of crude oil and natural gas actually extracted in each taxation period from the petroleum contract area, tax rate of natural resources tax and a number of days of actual extracted in the tax period. Provisional export tax is determined by equaling to Output of crude oil and natural gas exported multiplied by the Price for calculation of export tax and Percentage of provisional export tax.

This Circular takes effect on April 12, 2016 and applies to the tax period from 2016 onwards and applies to the shipments of crude oil or natural gas sold from January 01, 2016.

Ü FINANCE - BANKING


THE TOTAL EXTENSION TIME OF ASSET MANAGEMENT COMPANY‘S SPECIAL BONDS
IS NO LONGER THAN 10 YEARS
 

This is the new contents prescribed at the Decision No. 18/2015/ND-CP dated March 18, 2016 of the Government amending, supplementing a number of articles of the Decree No. 53/2013/ND-CP dated May 18, 2013 of the Government on the establishment, organization and operation of Vietnam Asset Management Company.

Accordingly, after being approved by the State Bank, Asset Management Company shall extend the time of special bonds that are issued to purchase bad debts of credit institutions that are implementing restructure plans or

 

having financial difficulties. The total extension time and original time of special bonds is no longer than 10 years.  

For bad debts purchased by special bonds, Asset Management Company shall be entitled to collect an amount of money at a rate regulated by the State Bank after the consensus with the Ministry of Finance minus the amount collected by the Asset Management Company, if the amount collected from bad debts is more than that of the amount collected.

This Decree takes effect on March 23, 2016.

Ü INDUSTRY


CHANGE CONDITIONS ON GAS EXPORT AND IMPORT
 

On March 22, 2016, the Government issued the Decree No. 19/2016/ND-CP on gas business, within that, the most important content is the regulations that every gas importer and exporter must own/ jointly own or enter an agreement on leasing wharves of Vietnam ports for at least 05 years.

Besides, every gas importer and exporter must own/jointly own/enter into an agreement for leasing storehouses with the total storage tanker capacity of least 3,000 m3for LPG for at least 01 year, 60,000 m3 for LNG for at least 5 years and 200,000 m3 for CNG for at least 5 years.

In addition to the set forth requirements, every gas importer/exporter shall own a quantity of LPG bottles (excluding mini-sized LPG bottles) that are eligible for being used on the market with the total capacity of at least 3,930,000 liters; and own LPG bottling stations granted Certificates of Eligibility or a contract for LPG bottling with other LPG wholesalers; and have their own LPG bottling stations available after 02 years from the date of issue of

 

the Certificate of Eligibility for LPG import/export; have a distribution channel available, including: bottled LPG shops or LPG distribution stations or LPG filling stations for vehicles that are certified as eligible or industrial customers; and at least 40 LPG general agents or agents that meet requirements hereof.

Also in accordance with this Decree, gas wholesalers shall ensure the sufficiency of gas within the distribution channel; guarantee that gas quality satisfying the current regulations; contribute to stability of domestic production and consumption and against commercial frauds and notify the adjusted selling prices to competent authorities where the distribution channel is located; go through price registration and announce LPG prices as the State stabilizes gas prices under provisions of Price Law and relevant legal documents….

This Decree takes effect on May 15, 2016.


TO SUPPLEMENT DIVISION OF ELECTRICITY PRICE IN TWO COMPONENTS:
OUTPUT PRICE AND ELECTRICAL ENERGY PRICE

 

On March 18, 2016, the Prime Minister signed the Decision No.  428/QD-TTg dated March 18, 2016 of the Prime Minister on approving revisions to the national power development plan from 2011 to 2020 with visions extended to 2030, in order to mobilize all domestic and global resources for electricity development to maintain the supply of ample electric power of higher quality at reasonable price for the nation's growth in economy and society; utilize varied resources of primary energy for effective production of electricity; fortify the development and use of renewable energies for electricity generation to gradually enhance the volume of electricity generated by renewable energies to alleviate dependence on coal imports for electricity production, contribute to power security, mitigate climate changes…

To achieve above targets, the Prime Minister requires ministries and relevant agencies to implement preferential finance policies and expand international cooperation to intensify the search, survey and increase of reserves and competency for exploitation of coal, gas and renewable energies, maintain and secure the supply of fuels and

 

energy for electricity production; focus on the construction of coal entrepots in each region to optimize coal import expenses; quicken the search and negotiation for stable and long-term import of coal and LNG for power stations; mobilize more capital by issuing bonds domestically and abroad to gain investments in power works and adopt methods to convert domestic savings to investments in infrastructure. The government, at the initial stage, shall underwrite bond issues for major and urgent power projects; equitize power companies, in which the government's full holding is not essential.

On electricity price, the Prime Minister emphasizes to continue renovating and completing current electricity tariff towards adjustment of electricity price commensurate with the fluctuation of fuel price, exchange rate, electricity production and market prices; gradual cutback of cross subsidy in customer groups, regions; conduct studies on seasonal and area-based pricing; division of electricity price in two components: output price and electrical energy price, which shall first apply to major customers….


TO ACHIEVE THE COMMERCIAL COAL YIELD OF FROM 0.5-1.0 MILLION TONS
BY THE YEAR 2030
 

To develop Vietnam’s coal industry into a competitive industry applying technological advances to coal exploration, mining, and preparation, processing and trading, on March 14, 2016, the Prime Minister signed the Decision No. 403/QD-TTg on approving the adjusted master plan for Vietnam’s coal industry development to 2020 and vision towards 2030.

This scheme set the objectives that probable commercial coal yields of  Vietnam’s coal industry,  2016: approximately 41-44 million tons; 2020: 47-50 million tons; 2025:  51-54 million tons; 2030:  55-57 million tons; 2021-2030: conduct pilot projects in Red River Delta coal basin as the basis  for the investment in large-scale coal mines ; achieve the commercial coal yield of from 0.5-1.0 million tons by the year 2030.

 

Mining planning has the orientations such as combine small-scale mines into a large scale mine; stabilize and increase coal yields; take use of internal coal mine waste dumps; invest in pilot projects in Red River Delta coal basin. In particular, from now to 2020, in the Dong Bac Coal Basin, to renovate, expand and increase the mining capacity of 9 coal mine projects (in Cam Pha : 4 projects; Hon Gai: 4 projects and Uong Bi: 1 project); invest in 41 new coal mine projects (in Cam Pha : 17 projects; Hon Gai: 7 projects and Uong Bi: 17 projects)…

This scheme is emphasized with the orientations that  coal import-export; meet the domestic consumption demand in both coal weight and type; reduce export and increase import…

 

 

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