Legal Document Updates in English (22/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

85/2015/TT-BTC

Circular No. 85/2015/TT-BTC dated June 03, 2015 of the Ministry of Finance providing for rates, collection, payment, management and use of charges and fees in chemical business

 

License charge for production or trading of chemicals is VND 200.000

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

2

14/2015/TT-BTC

Circular No. 14/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance guiding the classification, analysis for classification; analysis for quality inspection and food safety inspection of exports and imports

 

Issue notification of classification results is within 5 working days

Page 2

NATURAL RESOURCES – ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

3

22/2015/TT-BTNMT

Circular No. 22/2015/TT-BTNMT dated May 28, 2015 of the Ministry of Natural Resources and Environment stipulating the environmental protection in the process of using drilling fluids; waste management and environmental monitoring for offshore oil and gas operations

 

Development stage drilling must have environmental monitoring on a triennial basis

Page 2

4

43/2015/ND-CP

Decree No. 43/2015/ND-CP dated May 19, 2015 of the Government providing the establishment and management of water source protection corridors

 

Combat the encroachment upon land around water sources protection corridors

Page 3

INDUSTRY

 

INDUSTRY

5

10/2015/TT-BCT

Circular No. 10/2015/TT-BCT dated May 29, 2015 of the Ministry of Industry and Trade providing the order and procedure for issue, revocation and duration of electricity activity permit

 

Exempt electricity activity permit for generating electricity with installed capacity of less than 50 kW for selling electricity

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


LICENSE CHARGE FOR PRODUCTION OR TRADING OF CHEMICALS IS VND 200.000
 

In accordance with the Circular No. 85/2015/TT-BTC dated June 03, 2015 of the Ministry of Finance providing for rates, collection, payment, management and use of charges and fees in chemical business any organization/individual applying for a license or a certificate relating to chemical business; any organization/individual applying for approval for the Plan or Measures for chemical emergency response and prevention shall pay the charges and fees in accordance with regulations.

Within that, the fee for the issuance of the License for chemicals production of Schedule 1 substances,  Schedule 2 substances, Schedule 3 substances, DOC, DOC-PSF chemicals is VND 200.000. This fee also applied  to the initial issuance of the License for production or trading of chemicals; Certificate of eligibility to produce or trade in chemicals, Certificate of eligibility to produce and trade in

 

chemicals, License for export and export of industrial precursors; License for import of industrial precursors;  Fee for the issuance of the License for export/import of explosive precursors.

The charge for  appraisal before issuing the License for production/trading of chemicals; the Certificate of eligibility to produce/trade in chemicals; the License for production of chemicals of Schedule 1 substances, Schedule 2 substances, Schedule 3 substances, DOC, DOC-PSF chemicals; the License for production of chemical inorganic fertilizers; the License for production of chemical inorganic fertilizers and organic fertilizers and other types; the License for trading of explosive precursors is VND 1.200.000...

This Circular takes effect on July 20, 2015.

Ü EXPORT - IMPORT


ISSUE NOTIFICATION OF CLASSIFICATION RESULTS IS WITHIN 5 WORKING DAYS
 

This is the content prescribed at the Circular No. 14/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance guiding the classification, analysis for classification; analysis for quality inspection and food safety inspection of exports and imports.

Accordingly, within 5 working days, or 20 working days in case the analysis time depends on the technical analysis process, after receiving a complete dossier and samples, the General Director of Customs shall issue a notice of goods classification result, for an analysis request dossier with 2 or more goods samples or with complicated goods samples requiring longer analysis time, the time limit for analysis, classification and notification of classification

 

results to customs declarants may be extended for another 10 working days at most…. A customs declarant that disagrees with the General Director of Customs’ goods classification result may lodge a complaint.

This Circular also points out clearly that goods classification results shall be used for the application of the tax rate on a goods item on the basis of implementation of regulations of the tariffs applicable to exports and imports and effective at the time of declaration registration, and conditions, procedures and dossiers for application of tax rates prescribed in legal documents on taxes on exports and imports.

This Circular takes effect on March 16, 2015.

 

Ü NATURAL RESOURCES - ENVIRONMENT


DEVELOPMENT STAGE DRILLING MUST HAVE ENVIRONMENTAL MONITORING
ON A TRIENNIAL BASIS
 

On May 28, 2015, the Ministry of Natural Resources and Environment issued the Circular No. 22/2015/TT-BTNMT stipulating the environmental protection in the process of using drilling fluids; waste management and environmental monitoring for offshore oil and gas operations.

In accordance with regulations prescribed in this Circular, During the development stage drilling process, petroleum organizations must perform environmental monitoring.  The background environmental monitoring is performed once before the commencement of development and extraction drilling; once within 01 year from the time of gaining the first commercial oil or gas flow. Executing the environmental monitoring program on a triennial basis that begins on the time of commencing the first environmental monitoring program in the post-development drilling stage. Similarly,  as for oil and gas exploration drilling operations using non-water-based mud in the waters which are 3 nautical miles away from the shore and environmentally sensitive area, the background environmental monitoring must be performed once before each exploration drilling and once

 

 

within 01 year from completion of such exploration drilling. Particularly, petroleum organizations are only allowed to use water-based drilling fluids in offshore oil and gas exploration drilling operations that do not require the environmental monitoring before and after completion of such exploration drilling.

Effluents discharged from offshore oil and gas extraction facilities shall be treated and disposed of in compliance with the national technical regulation on effluents discharged from offshore oil and gas extraction facilities. domestic wastewater from 03 (three) to 12 (twelve) nautical miles away from the shore must have collection, treatment, disposal and certificate of domestic wastewater pollution prevention in compliance with requirements in the MARPOL convention.  Water used for cleaning machinery, equipment and oil hold must have collection, treatment in conformity with the maximum oil content of 15 mg/l before discharge into the sea from more than 12 (twelve) nautical miles away from the shore

This Circular takes effect on July 20, 2015.


COMBAT THE ENCROACHMENT UPON LAND AROUND WATER SOURCES PROTECTION CORRIDORS
 

In accordance with the Decree No. 43/2015/ND-CP dated May 06, 2015 of the Government providing the establishment and management of water source protection corridors, a water source protection corridor shall be established to protect the bank stability and prevent and combat the encroachment upon land around water sources; prevent and combat activities threatening to pollute and degrade water sources and protect, conserve and develop the aquatic ecological system and natural animal and plant species adjacent to water sources;

Therefore, prohibited acts within water source protection corridors include acts that threaten to cause or cause the decrease of the function of water source protection corridors; cause river, stream, canal, ditch or reservoir bank slide, or seriously affect or threaten the stability and safety of rivers, streams, canals, ditches or reservoirs; encroaching upon, illegally using land within water source protection corridors; using land at variance with approved land use purposes; constructing or expanding contagious disease hospitals or clinics, cemeteries, waste dumping

 

sites, toxic chemical factories, and production or processing facilities with hazardous wastewater.

The Decree also prescribed that for river, stream, canal or ditch protection corridors with the functions, the scope of water source protection corridor is not shorter than 10 m from the bank edge, for river, stream, canal or ditch sections running through urban centers or concentrated residential quarters or areas planned for construction of urban centers or concentrated residential quarters; not shorter than 5 m from the bank edge, for river, stream, canal or ditch sections not running through urban centers or concentrated residential quarters. For natural lagoons and water sources which are related to religious or belief activities, have high value in bio-diversity, culture conservation and natural eco-system protection and development, the scope of water source protection corridors must not be smaller than 30 m from the bank edge.

This Decree takes effect on July 01, 2015.

Ü INDUSTRY


EXEMPT ELECTRICITY ACTIVITY PERMIT FOR GENERATING ELECTRICITY
WITH INSTALLED CAPACITY OF LESS THAN 50 KW FOR SELLING ELECTRICITY
 

On May 29, 2015, the Ministry of Industry and Trade issue the Circular No. 10/2015/TT-BCT providing the order and procedure for issue, revocation and duration of electricity activity permit, within that, the most important content is on exemption from electricity activity permit.

Accordingly, beside the case of exempting the electricity activity permit generating electricity with installed capacity of less than 50 kW for selling electricity to other organizations and individuals, individuals and organizations generating electricity for self use without sale to other organizations and individuals or carrying on electricity trading in rural, mountainous areas or islands, buying electricity with capacity of less than 50 kVA from the power distribution grid for selling electricity directly to customers in rural, mountainous areas or islands and dispatching the national electricity system and operating the transactions of electricity market are exempted the electricity activity permit.

To the electricity activity permit’s duration,  the electricity activity permit is issued with different durations for each

 

area of electricity activity based on scope of activity, type of electricity works, registered duration, capacity and professional level of the electricity operating unit but must not exceed 05 years for specialized electricity consultation; 10 years for electricity distribution; electricity wholesaling and retailing; electricity import and export and 20 years for electricity generation in large power plants with particularly important meaning on economy, society, national defense and security as per the list approved by the Prime Minister and electricity transmission.

Within that, the specialized electricity consultation permit has its nation-wide scope of activity; the electricity activity permit has its scope of activity for each power the Plant; the electricity retailing and wholesaling permit has its scope of activity within a specific administrative boundary and the electricity import and export permit has its scope of activity within a specific power delivery point.

This Circular takes effect on July 12, 2015.

 

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