Legal Document Updates in English (17/2013)

FIXED ASSETS OVER VND 30 MILLION MUST HAVE DEPRECIATION
 

This is one of the important contents prescribed at the Circular No. 45/2013/TT-BTC dated April 25, 2013 of the Ministry of Finance guiding the management, use and fixed asset depreciation.

Also at this Circular, the Ministry of Finance also regulates the Principles of fixed assets depreciation All of the enterprise’s current fixed assets must be depreciated excluding fixed assets have been fully depreciated but are still used in production and business activities; fixed assets are lost during depreciation; other fixed assets managed but not owned by enterprise; fixed assets are not managed, monitored and recorded in the enterprise’s accounting books; fixed assets are used in welfare activities to serve the enterprise’s employees; fixed assets from the non-refundable aid after the competent agencies have handed them over to enterprises in service of their scientific research; intangible fixed assets are long-term land use right with land use fee or receiving the legal long-term land use right.

Within that, means of labor are the tangible assets with independent structure, or a system of many individual parts of assets linked to perform one or a certain number

INCREASE THE CHARCOAL’S IMPORT TAX TO 10%
 

On May 06, 2013, the Ministry of Finance issued the Circular No. 56/2013/TT-BTC of the Ministry of Finance amending the export tax rated for forest charcoal in the heading 44.02 in the Export Tariff.

At this Circular, the Ministry of Finance decides to increase charcoal’s import tax rate (including shell and nut charcoal), whether or not agglomerated of bamboo and others to 10% (instead of 5% as previous regulations at the Circular No. 193/2012/TT-BTC dated November 11, 2012). In particular,

INCREASE THE IMPORT DUTY RATE FOR USED CAR FROM 09 SEATS OR LESS
 

On May 03, 2013, the Prime Minister signed the Decision No. 24/2013/QD-TTg amending and supplementing clause 1, Article 1 of the Decision No. 36/2011/QD-TTg dated June 29, 2011 of the Prime Minister on issuing import duty rate for used cars from 15 seats or less.

Previously, the Circular No. 28/2013/TT-BTC dated March 15, 2013, takes effect on April 29/04/2013, the Ministry of Finance decided the adjustment for import duty rate for used cars from 09 seats or less, Under 1,000 cc is USD 4,200/car; Between 1,000 cc and under 1,500 cc is USD

06 ENTERPRISE GROUPS IN WHICH STRIKES ARE PROHIBITED
 

On May 08, 2013, the Government issued the Decree No. 41/2013/ND-CP guiding the implementation of the Article 220 of the Employee Code on the List of units in which strikes are prohibited and respond to the demands of employee’s collectives in that units.

At this Decree, the Government guides in more details on 06 enterprise groups in which strikes are prohibited. Units in which strikes are prohibited comprise enterprises, agencies, organizations or parts of enterprises, agencies or organizations hiring employees, employing employees as prescribed by employee law operating in sectors and fields that are essential in the national economy which the strike may threaten to security, national defense, health, public order, including:  power production with large capacity, electronic transmission and moderation of the national electrical system; oil and gas exploration and extraction; production and provision of gas; assurance of air safety, maritime safety; provision of telecommunication system infrastructure; postal services for state agencies only; provision of clean water, drainage and environmental hygiene in central-affiliated cities; directly serving for security and defense.

When receiving request of grassroots trade union executive committees or direct superior trade union executive

TO REDUCE THE MAXIMUM SHORT-TERM LOAN TO 10%
 

This content is shown in the Circular No. 10/2013/TT-NHNN dated May 10, 2013 of the State Bank of Vietnam promulgating the maximum interest rate for VND short-term loans of the credit institutions and foreign bank’s branches for the customers to satisfy funds demand serving some economic areas and sectors.

Accordingly, on May 13, 2013, the State Bank of Vietnam requires credit institutions and foreign bank’s branches to have the maximum short-term loaning interest rate in VND is 10% per annum; people's credit funds and microfinance institutions may impose the maximum interest rate of 11% per annum on short-term loans in VND. This interest rates are all decreased by 1% compared with regulations at the

PUT OFF THE TIME FOR LABELING FOR HOUSEHOLD APPLIANCES
 

This is the new plans of the Prime Minister at the Decision No. 03/2013/QD-TTg of January 14, 2013, amending and supplementing a number of articles of the Prime Minister's Decision No. 51/2011/QD-TTg of September 12,2011, promulgating the list of devices and equipment subject to energy labeling and application of the minimum energy efficiency, and the implementation roadmap.

Also according to this Decision, implementation roadmap for labeling and application of the minimum energy efficiency shall be put off 6 months for household appliances including tubular fluorescent lamps, compact

PROHIBIT NON-BIODEGRADABLE PLASTIC BAGS PRODUCTION HAVING LAYER
IS THINNER THAN 30 MICRON
 

On April 11, 2013, the Prime Minister issues the Decision 582/QD-TTg dated April 11, 2013 of the Prime Minister approving the project on improving the environmental pollution control for the use of non-biodegradable plastic bags by 2020.

In order to gradually decrease the use of non-biodegradable plastic bags, Assess the effectiveness of the Law on Environmental protection tax in the production and import of non-biodegradable plastic bags; gradually increase the tax rates to suit the socio-economic condition of Vietnam in each stage; review and adjust the fees for waste treatment applicable to non-biodegradable plastic bags in order to emphasize the responsibility of users.; prohibit the production of non-biodegradable plastic bags of which a layer is thinner than 30 micron; facilitate their

IN 2020, 95% CHILDREN WITH SPECIAL DIFFICULT CIRCUMSTANCE
SHALL RECEIVE THE ASSISTANCE BY SOCIAL SERVICES
 

This is the target suggested at the Scheme on caring helpless orphans, neglected children, HIV/AIDS infected children, victims of chemical toxic, serious disable children and children that are affected by natural disasters and community-based disasters in 2013-2020 issued with the Decision No. 647/QD-TTg dated April 26, 2013.

At this Scheme, the Prime Minister has plan on Mobilizing the participation of society, especially families and community in caring and providing assistances for children with special difficulty circumstance to stabilize life, have opportunity for realization of children's rights and integrate into the community in accordance with law; developing the caring modalities for children with special difficult circumstance that rely on assistance of community; gradually narrowing the living gap between children with special difficult circumstance with normal children in their residence.

STRENGTHEN TASKS AND POWERS OF VIETNAM GOVERNMENT PORTAL
 

This is the content at the Decision No. 06/2013/QD-TTg dated January 24, 2013 of the Prime Minister defining the functions, tasks, powers and organizational structure of Vietnam Government Portal.

At this Decision, beside previous regulations, the Prime Minister also supplements some tasks and powers for Vietnam Government Portal, such as: To assume the prime responsibility for, and coordinate with related agencies and organizations; To coordinate with related agencies and organizations in providing information for activities of the Government, the Prime Minister and the Government Office; To professionally and operationally coordinate with ministries, sectors, localities and related agencies and organizations in connecting and synchronizing the databases; To assume the prime responsibility for, and coordinate with ministries, sectors, localities and related agencies and organizations; To coordinate with the

TIGHTENING THE SERIOUSLY POLLUTING ESTABLISHMENTS
 

On January 14, 2013, the Prime Minister signs the Decision No. 04/2013/QD-TTg  on competence to decide on the list of seriously polluting establishments and handling measures.

Accordingly, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, reviewing and summarizing lists of seriously polluting establishments and handling measures, and submit them to the Prime Minister for decision, for the cases specified in Clause 1, Article 2 of this Decision. Provincial-level Natural Resources and Environment Departments shall assume the prime responsibility for, and coordinate with related departments and sectors in, reviewing and summarizing lists of seriously polluting establishments and handling measures, and submit them to chairpersons of provincial-level People's Committees for decision; and send them to the Ministry of Natural Resources and Environment for examination and monitoring; the Ministry of Natural