Legal Document Updates in English (18/2015)

GOLD JEWELRY WITH GOLD CONTENT OF UNDER 95% HAVING EXPORT TAX AT 0%
 

The Ministry of Finance has issued the Decision No. 788/QD-BTC dated April 27, 2015 on promulgating new administrative procedures on export of gold jewelry, goldsmiths’ wares and other golden articles in subheadings 71.13, 71.14, 71.15 of export tax schedule in the field of customs under the authority of Ministry of Finance.

Accordingly, from May 07, 2015, Enterprises exporting gold jewelry and goldsmiths’ wares and other golden articles in subheadings 71.13, 71.14, 71.15 of export tax schedule that have gold content of under 95% and declare the export tax at 0%. The performing agencies are the Department of Customs, sub-department of customs of provinces, cities and the results of performing administrative procedures are: According to the Circular 38/2015/TT-BTC of the Ministry of Finance.

THE RATIO OF EQUITY OF AN INVESTOR’S PUBLIC-PRIVATE PARTNERSHIP
 

In accordance with the Decree No. 15/2015/ND-CP dated February 14, 2015 of the Government On investment in the form of public-private partnership. The ratio of equity of an investor must not be lower than 15% of the total investment capital. For a project capitalized at over VND 1,500 billion, the equity ratio shall be determined on the principle of partial progress.

Besides, the Decree also prescribes the Conditions for projects to be selected with the public-private partnership form. Accordingly, A project to be selected for implementation in the form of public-private partnership must fully satisfy the following conditions to be in line with the development master plan and plan of the sector or region and local socio-economic development plan; to be suitable to the investment field; to be capable of attracting and receiving commercial capital, technologies and management experience of investors; to be capable of providing quality products or services in a continuous and stable manner to meet user demands; and to have a total investment capital of at least VND 20 billion, except

REGULATIONS ON SECURED LOAN OF CREDIT GUARANTEE FUND
 

On May 04, 2015, the State Bank of Vietnam issued the Circular No. 05/2015/TT-NHNN guiding credit institutions to collaborate with credit guarantee fund in offering secured loan of credit guarantee fund as stipulated under Decision No. 58/2013/QD-TTg dated October 15, 2013 of the Prime Minister.

Also in accordance with this Circular, before lending, the lending party and Credit Guarantee Fund, based on the regulations on operation, agree contents in accordance with the regulations on the lending of credit institutions for the customers. Agreement on collaboration between the lending party and Credit Guarantee Fund includes orders of collaboration among parties in the receipt, appraisal of documents and handle with the demands on borrowing capital from customers; contents related to collaboration on providing disbursement documents; collaboration in considering the time for payment for customers; measures on collecting the loan that shall be applied when the loan is

A RESTAURANT AREA OF BELOW 200 M² NOT SUBJECT TO REGISTRATION
OF ENVIRONMENTAL PROTECTION PLANS
 

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

Within that, the most important contents on registration of environmental protection plans, from  April 01, 2015, Investment projects on construction, or expansion of the scale or increase of the capacity, of production, business and service establishments; production, business and service investment projects; and investment projects on expansion of the scale or increase of the capacity of production, business or service establishments

For a production, business and service investment project which is implemented in two (2) or more provinces, its environmental protection plan shall be registered with the People’s Committee of one of such provinces as requested by the project or establishment owner.

Particularly, catering services with a restaurant area of below 200 m²; personal or household-scale repair or maintenance services for household appliances; photocopy, internet access and video game services; raising cattle,

FROM APRIL 15, EXEMPT TICKET PRICE EXEMPTION
FOR CHILDREN OF UNDER SIX YEARS OLD
 

In accordance with the Decree No. 14/2015/ND-CP dated February 13, 2015 of the Government Detailing and guiding the implementation of a number of articles of the Railway Law, exempt ticket price exemption for children of under six years old from April 15.

For other objectives, the Decree also details the level of price deduction, the reduction of 90% of the ticket prices, applies to persons engaged in revolutionary activities before January 1, 1945, persons engaged in revolutionary activities from January 1, 1945 to before the August 19, 1945 General Uprisings; Vietnam Hero Mothers; and the reduction of 30% of the ticket prices, applies to subjects being war-invalids, persons enjoying policies like war-invalids; agent orange victims; exception seriously disable or seriously disabled persons. Persons entitled to ticket price exemption or reduction shall produce certificates of subjects together with personal identity papers when they buy train tickets and travel on trains.

For work construction, resource exploitation and other activities in areas adjacent to railway work- protecting scope, the minimum safety distance of a number of works in areas adjacent to railway work- protecting scope is defined at least 05 (five) meters from the railway traffic