Legal Document Updates in English (18/2018)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

05/2018/TT-BTC

Circular No. 05/2018/TT-BTC dated January 22, 2018 of the Ministry of Finance on guiding the pilot e-declaration and payment of automobile and motorcycle registration fees and exchange of e-data on collection and payment of automobile and motorcycle registration fees

 

The pilot e-declaration and payment of automobile and motorcycle

Page 2

TRANSPORT

 

TRANSPORT

2

07/2018/TT-BGTVT

Circular No. 07/2018/TT-BGTVT dated February 07, 2018 of the Ministry of Transport on prescribing the inspection of seagoing ships

 

Inspection of foreign ships operating in the seaport waters of Vietnam

Page 2

POLICY

 

POLICY

3

17/2018/ND-CP

Decree No. 17/2018/ND-CP dated February 22, 2018 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 67/2014/ND-CP of July 7, 2014, on a number of fisheries development policies

 

To support VND 8 billions for fishing ships

Page 3

CRIMINAL

 

CRIMINAL

4

19/2018/ND-CP

Decree No. 19/2018/ND-CP dated February 18, 2018 of the Government on prescribing the calculation of the aggregate weight or volume of narcotics referred to in a number of articles of the 2015 Penal Code

 

Calculation of the volume of narcotics in the 2015 Penal Code

Page 3

5

01/2018/NQ-HDTP

Resolution No. 01/2018/NQ-HDTP dated April 24, 2018 of the Judicial Council of the Supreme People’s Court guiding the application of Articles 66 and 106 of the Penal Code on conditional early release of prisoners

 

To issue the Resolution on early release of prisoners

Page 3

SUMMARY:

Ü  TAX – FEE – CHARGE    


THE PILOT E-DECLARATION AND PAYMENT OF AUTOMOBILE AND MOTORCYCLE
 

At the Circular No. 05/2018/TT-BTC dated January 22, 2018, the Ministry of Finance has detailed guidance on the pilot e-declaration and payment of automobile and motorcycle registration fees at Hanoi and Ho Chi Minh City.

Firstly, organizations and individuals that are managed by tax offices and have brand-new automobiles or motorcycles (excluding those inherited or given as gifts), including also organizations making declarations on others’ behalf, shall make and submit declaration dossiers at the e-portal of the General Department of Taxation. A registration fee payer shall fill in the serial number of the certificate of conformity from technical safety quality and environmental protection inspection or serial number of the type approval certificate and relevant information in registration fee declaration. The e-portal of the General Department of Taxation will assign by itself codes to registration fee declaration dossiers.

 

Registration fee payers shall make and submit their registration fee declaration dossiers at district-level Tax Branches where their ownership and use rights are registered. Tax offices shall receive and examine registration fee declaration dossiers and enter all declared information in the administration system of the General Department of Taxation. The administration system of the General Department of Taxation will assign by itself codes to registration fee declaration dossiers.

Registration fee shall be paid by the electronic mode via banks or payment intermediary service providers or via the e-portal of the General Department of Taxation; Payment of registration fee at transaction counters of State Treasury offices; and payment of registration fee (in cash or by account transfer) at transaction counters of banks.

This Circular takes effect from March 16, 2018 to December 31, 2019.

Ü  TRANSPORT     


INSPECTION OF FOREIGN SHIPS OPERATING IN THE SEAPORT WATERS OF VIETNAM
 

In accordance with the Circular No. 07/2018/TT-BGTVT dated February 07, 2018 of the Ministry of Transport on prescribing the inspection of seagoing ships.

When having clear ground when a ship having a serious damaged structure or hull or a deficiency causing danger to its watertight integrity or stability; a ship having a deficiency of equipment, thus affecting maritime safety, maritime security, maritime labor or environmental pollution prevention…the foreign ships shall have inspection before operating in the seaport waters of Vietnam.

When boarding a ship to conduct inspection, a port state control officer shall produce his/her port state control officer’s card to the ship master or watchkeeping seafarer.

 

During the ship inspection, a port state control officer shall avoid illegitimate delay or detention for the ship. The main purpose of the inspection is to prevent a ship from sailing if it fails to ensure maritime safety, maritime security or maritime labor or threatens to cause environmental pollution.

The inspection includes initial inspection and detailed inspection. In case of detention or stoppage of inspection of a ship, a port state control officer shall immediately notify in writing such to the government of the state whose flag the ship flies and related parties.

This Circular takes effect on April 01, 2018.

Ü  POLICY


TO SUPPORT VND 8 BILLIONS FOR FISHING SHIPS
 

In accordance with the Decree No. 17/2018/ND-CP of the Government on amending and supplementing a number of articles of the Government’s Decree No. 67/2014/ND-CP of July 7, 2014, on a number of fisheries development policies.

For fishing ships with a total main engine capacity of between 800 CV and under 1,000 CV, ship owners are entitled to a support accounting for 35% of the ship building cost but not exceeding VND 6.7 billions per ship; for fishing ships with a total main engine capacity of 1,000 CV or higher, ship owners are entitled to a support accounting for 35% of the ship building cost but not exceeding VND 8 billions/ship.

 

Besides, In case a ship owner is no longer capable of implementing a ship building or upgrading project or has completed the building of a ship but is incapable of conducting fishing activities.

In this case, it is permitted to change the ship owner and the new ship owner will continue enjoying the interest-rate support when receiving the ship and outstanding loan from the former ship owner. Besides, the working capital lending policy is also applicable for owners of offshore fishing ships and offshore fishing logistics service ships.

This Decree takes effect on March 25, 2018.

Ü  CRIMINAL


CALCULATION OF THE VOLUME OF NARCOTICS IN THE 2015 PENAL CODE
 

On February 02, 2018, the Government issued the Decree No. 19/2018/ND-CP prescribing the calculation of the aggregate weight or volume of narcotics referred to in a number of articles of the 2015 Penal Code.

Weight or volume of a narcotic prescribed in this Decree is the weight or volume of a narcotic which is seized or proven in the process of investigation, prosecution or adjudication. The weight of opium in dross opium, diluted opium solutions or opium mixtures shall be determined on the basis of converting into

 

opium containing 10% of morphine.

In case the percentage of the weight or volume of a narcotic calculated under this Decree is a decimal number, such number will have one digit after the decimal point and shall not be rounded up.

This Decree takes effect on the signing date.


TO ISSUE THE RESOLUTION ON EARLY RELEASE OF PRISONERS
 

On April 24, 2018, the Judicial Council of the Supreme People’s Court issues the Resolution No. 01/2018/NQ-HDTP guiding the application of Articles 66 and 106 of the Penal Code on conditional early release of prisoners.

One of the contents that are guided at this Resolution is the condition for shortening the probation period of prisoners. Accordingly, a prisoner entitled to conditional early release may have his/her probation period shortened when fully satisfying the following conditions: Having served at least half of the probation period; Showing improvements during the probation period such as: Having actively learned and worked, corrected his/her errors, recorded merits in labor… and been commended and rewarded by an agency at the provincial or higher level.

 

With regards to shortening level of the probation period, every year, a person entitled to conditional early release may be considered for having his/her probation period shortened once by 3 months to 2 years. In case the remaining probation period of a person entitled to conditional early release is under 3 months, the court may decide to expunge it.

Besides, this Resolution also guides about conditions for conditional early release of persons who are serving imprisonment sentences for serious crimes, very serious crimes or particularly serious crimes; about persons who are serving imprisonment sentences for less serious crimes and conditional early release of under-18 persons who are serving imprisonment sentences.

This Resolution takes effect on June 09, 2018.

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