Vietnamese* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.
* For further details, please visit: www.english.luatvietnam.vn
|
#
|
NUMBER |
TITLE |
|
In This Updates: |
|
|
ENTERPRISE |
|
ENTERPRISE |
|||
|
1 |
Circular No. 04/2016/TT-BKHDT dated May 17, 2016 of the Ministry of Planning and Investment on the forms for social enterprise registration under the Government’s Decree No. 96/2015/ND-CP detailing a number of articles of the Law on Enterprises |
|
* 06 forms for social enterprise registration |
Page 2 |
|
|
2 |
Resolution No. 35/NQ-CP dated May 16, 2016 of the Government on business support and development to 2020 |
|
* 01 million enterprises shall be in Vietnam by 2020 |
Page 2 |
|
|
EXPORT - IMPORT |
|
EXPORT - IMPORT |
|||
|
3 |
Decision No. 18/2016/QD-TTg dated May 06, 2016 of the Prime Minister on circumstances that enable importation of used information technology products under import prohibition |
|
* 06 cases allowed importing under the List of import prohibition |
Page 2 |
|
|
POLICY |
|
POLICY |
|||
|
4 |
Law No. 102/2016/QH13 dated April 05, 2016 of the National Assembly on Children |
|
* Disclosure of private information of child who is enough 07 years old or older must have his/her agreement |
Page 3 |
|
|
INDUSTRY |
|
INDUSTRY |
|||
|
5 |
Decision No. 229/QD-TTg dated February 04, 2016 of the Prime Minister on the mechanism and policies to implement the strategy and master plan on Vietnam’s automobile industry development |
|
* Manufacture over 50,000 priority automobiles/year will be entitled to incentive corporate income tax |
Page 3 |
|
SUMMARY:
Ü ENTERPRISE
|
|
||
|
On May 17, 2016, the Ministry of Planning and Investment issued the Circular No. 04/2016/TT-BKHDT on the forms for social enterprise registration under the Government’s Decree No. 96/2015/ND-CP detailing a number of articles of the Law on Enterprises. 06 forms used in social enterprise registration includes Statement of commitments to fulfill social and environmental objectives; Notice of adjustments to social and environmental commitments; Notice of termination of social and environmental commitments; Notice of receipt of |
sponsorship/aid; Notice of adjustments to sponsorship/aid; Environmental Impact Assessment Report. Accordingly, the Environmental Impact Assessment Report must have achievements and degree of completion of social and environmental objectives such as specify social and environment activities undertaking by the enterprise; achievements; degree of completion. At the same time, to show the receipt and allocation of sponsorship/aid; the amount of retained earnings for re-investment… This Circular takes effect on July 01, 2016. |
|
|
|
||
|
At the Resolution No. 35/NQ-CP dated May 16, 2016 on business support and development to 2020, the Government has set a target for our country, in which by 2020, there will be at least 1 million enterprises including potential large-scale ones; the private sector is expected to contribute to approximately 48 - 49 % of GDP and about 49% of the total social investment; the labor productivity is expected to increase by about 5% per annum… To achieve these goals, there are some tasks and solutions need to be concentrated on, such as: Administrative reforms conducive to enterprises; Creation of favorable business environment for startups and innovative enterprises; Ensure the freedom in business and award |
enterprises equal business and resources opportunities; Reduction of business costs; Protection of enterprises’ rights and interests… In which, there are some policies for the grant of production land in industrial zones or industrial clutches to enterprises and apply flexible due date for payment of rental land according to the use of SMEs; examining and reform loan procedures, enhance the assessing capacity to shorten the waiting time and facilitate the capital mobilization; examining and adjust regulations of laws on land to reduce land rents, charges for land repurposing and other business costs; adjusted road tolls, BOT fees to reduce business costs, especially for freight companies… |
|
Ü EXPORT - IMPORT
|
|
||
|
On May 06, 2016, the Prime Minister signed the Decision No. 18/2016/QD-TTg on circumstances that enable importation of used information technology products under import prohibition; takes effect on July 01, 2016. Circumstances that enable importation of products under the import prohibition list such as used information technology goods are imported under internal relocation of means of production in one single organization; used information technology goods are imported for control, operation and inspection of activities in one or all parts of a system or production line; used information technology goods are imported as a direct part of software production, business outsourcing through information technology or data processing for foreign partners; used specialized information technology products are imported; information technology goods with expired warranty time are re-imported after their overseas repairs; refurbished goods or components out of production are imported to replace or repair those being used domestically. |
Within that, importation of used specialized information technology products must satisfy the conditions such as imports must produce actual effects on the manufacturing process; imports were used in at most 03 (three) years from the production date to the date that an import declaration is lodged. Importation of refurbished goods or components out of production to replace or repair those being used domestically such as imports must have equivalent functions and appearance and come with label(s) as per the laws. Moreover, they must be under warranty for new product. Products and components imported are solely replacements of broken ones being used domestically and are not transferrable or re-sellable… Also in accordance with this Decision, the importation of products under the import prohibition list must satisfy the principles as used import products must adhere to relevant safety and quality regulations, standards and national technical regulations; used products that nations have publicly excluded due to obsolescence, poor quality or environment contamination are barred from importation….. |
|
Ü POLICY
|
|
||
|
The Law on Children No. 102/2016/QH13 passed by the National Assembly on April 05, 2014 and replaces the Law on child protection, care and education No. 25/2004/QH11; within that, the most important contents is the prohibited acts in caring and protecting children. In particular, beside current prohibited acts as in current regulations such as right to be protected against violence, neglect or abandonment ; trafficking, kidnapping, swap and appropriation; narcotic substances or sell or facilitate children in drinking alcohol or beer, smoking and using addictive substances or other stimulants, and unsafe foods which may cause harm to children…; from June 01, 2017, other prohibited acts prescribed in this Law such as: deprive children of right to life; neglect, abandon or engage in children trafficking, kidnap, swap and appropriate children; involve in child sexual abuse, use violence against children, abuse or exploit children; organize, support, incite or force the child to engage in child marriage; use, persuade, incite, excite, entice or force children to commit violations against the law, or offend honor or dignity of other person; prevent children from exercising their rights and |
responsibilities; fails to provide or conceal or preclude the provision of information concerning children who are abused or threatened to be exploited or suffered violence to their families, educational establishments or competent agencies and officials… Another important contents is that the children’s rights are increased from 10 rights to 25 rights from June 01, 2017; particularly, the most important rights as right to life; right to preserve and promote characters; right to freedom of belief or religion; right to privacy such as children have the imprescriptibly right to privacy and keep personal and family secrets, all are for the best interests of children; children have their honor, dignity, personal prestige, mail, telephone and telegram security and other personal information exchange types protected by the law; or children have the right to be protected, in any form, from sexual abuse; right to social security; right to protection from narcotic substances; right to be protected in the course of proceedings and taking of actions against administrative violations…. This Law takes effect on June 01, 2017. |
|
Ü INDUSTRY
|
|
||
|
This is the content of Decision No. 229/QD-TTg dated February 04, 2016 of the Prime Minister on the mechanism and policies for implementation of the strategy and plan for development of Vietnam automobile industry. In particular, enterprises that invest, manufacture over 50,000 priority automobiles per year, or manufacture engine parts, gearboxes and motion system will be entitled to incentive corporate income tax; incentive corporate income tax for each project shall be determined by the Prime Minister. Also in this Decision, the Prime Minister confirmed that national competitive bidding shall be applied with procurement funded by state budget or development credits and business projects supported by Government which use priority domestically manufacturable vehicles. If priority domestically manufacturable vehicles are acquired through |
international bidding or purchased as CBU imports, procurement cost and operating cost shall not be eligible for supports from the state budget. Besides, the special consumption tax rate on priority consumer cars (with low cylinder capacity, low fuel consumption and small size suitable for current traffic conditions and consumers' finance) will be reduced; levy a high and extremely high special consumption tax rate on automobiles with 9 or fewer seats on which a high absolute duty is determined and vehicles that have cylinder capacity of over 3,000 cm3, consume much fuel, come in large size not fitted for current traffic conditions and consumers’ finance; study and impose higher environmental fee on vehicles with cylinder capacity of over 3,000 cm3… This Decision takes effect on the signing date. |
|
Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn
Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.
Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.
We would like to show great thanks to you for reading our Legal Updates!
LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi: 3rd Floor, IC Building, No. 82 - Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
Tel: 04.37833688 (Ext 518) - Fax: 04.37833699
Ho Chi Minh: No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (08) 399 507 24 - Fax: (08) 399 507 27
Email: [email protected]
Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.
