Legal Document Updates in English (22/2019)

                                                            No.  22 (417) – JUNE - 2019

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

33/2019/TT-BTC

Circular No. 33/2019/TT-BTC dated June 10, 2019 of the Ministry of Finance on amending and supplementing a number of article of the Circular No. 34/2017/TT-BTC and the Circular No. 196/2016/TT-BTC...

 

The maximum fee for exploiting and using the national geographic database is VND 8 million

Page 2

LAND – HOUSING

 

LAND – HOUSING

2

11/CT-TTg

Directive No. 11/CT-TTg dated April 23, 2019 of the Prime Minister on certain solutions for fostering stable and sound development of real estate market

 

To withdraw the project of late implementation and uncultivated land

Page 2

INVESTMENT

 

INVESTMENT

3

54/2019/ND-CP

Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on regulating the business of karaoke and discotheque services

 

Karaoke bar: Not place latches inside the karaoke rooms

Page 2

TRANSPORT

 

TRANSPORT

4

18/2019/TT-BGTVT

Circular No. 18/2019/TT-BGTVT on providing guidance on implementation of the Government's Decree No. 139/2018/ND-CP providing regulatory framework for provision of motor vehicle inspection services

 

Vehicle inspection line must be operated by at least 03 inspectors

Page 3

SCIENCE – TECHNOLOGY

 

SCIENCE – TECHNOLOGY

5

51/2019/ND-CP

Decree No. 51/2019/ND-CP dated June 13, 2019 of the Government on sanctioning administrative violations in scientific and technological activities and technology transfer

 

Enterprises cheating to receive the State's supports shall be fined up to VND 40 million

Page 3

ADMINISTRATIVE VIOLATIONS

 

ADMINISTRATIVE VIOLATIONS

6

46/2019/ND-CP

Decree No. 46/2019/ND-CP dated May 27, 2019 of the Government on penalties for administrative violations in sports

 

Fine of VND 25 million for playing roughly in sports

Page 3

7

42/2019/ND-CP

Decree No. 42/2019/ND-CP dated May 16, 2019 of the Government on sanctioning administrative violations on fisheries

 

Up to VND 1 billion fine for illegal operate fishing vessel longer than 24m

Page 4

8

35/2019/ND-CP

Decree No. 35/2019/ND-CP dated April 25, 2019 of the Government on penalties for administrative violations against regulations on forestry

 

Illegally transporting forest products shall be fined up to VND 1 billion

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


THE MAXIMUM FEE FOR EXPLOITING AND USING
THE NATIONAL GEOGRAPHIC DATABASE IS VND 8 MILLION
 

On June 10, 2019, Ministry of Finance issues the Circular No. 33/2019/TT-BTC on amending and supplementing the Circular No.  34/2017/TT-BTC and the Circular No. 196/2016/TT-BTC on regulations on rates, regime of collection, remittance, management and using the exploitation fee and data of survey and mapping.

To be specific, the fee level for exploiting and using the National topographic map printed on paper are: VND 120,000 per sheet for National topographic map in 1:10,000 ratio and larger; VND 130,000 per sheet for National topographic map in 1:25,000 ratio; VND 140,000 per sheet for National topographic map in 1:50,000
 

ratio and VND 170,000 per sheet for National topographic map in 1:100,000 ratio and smaller.

The fee level for exploiting and using the National geographic database are: VND 80,000 per piece for the accuracy model of the elevation number corresponds to an even height of 0.5 meters to 5 meters packed by piece in 1:2,000 or 1:5,000 ratio; VND 400,000 for National geographic database in 1:2,000 ratio; VND 8 million per piece for National geographic database in 1:250,000; 1:500,000; 1:1,000,000 ratio.

This Circular takes effect on August 01, 2019.

Ü  LAND – HOUSING


TO WITHDRAW THE PROJECT
OF LATE IMPLEMENTATION AND UNCULTIVATED LAND
 

The Prime Minister issues the Directive No. 11/CT-TTg on certain solutions for fostering stable and sound development of real estate market on April 23, 2019.

Accordingly, the Prime Minister requires the People’s Committees of the provincial and central-affiliated cities to conduct review of and make addition to the planning scheme for urban areas and industrial parks, land using plan/planning scheme, ensure that there is sufficient land fund for social housing development. When approving planning schemes for new urban areas, new industrial parks and training institution network, it is required to have regulations on planning for social housing, housing for workers and students.

Particularly, to be specific: In case of failure to implement these projects or late implementation or
 

uncultivated land, appropriate the land as per provisions of the land law; for mid-class or high-class housing projects in stock or investor's request for conversion of apartments to common housings or social housings, complete the procedure for approving the conversion by 3rd quarter of 2019; work out solutions for overcoming difficulties in social housing projects and average and low-price housings in provinces.

In the next time,  agencies need to intensify inspection and strictly handle violations against regulations on real estate investment and trading; check, review and publish the list of housing projects put as bank mortgage by the investors, projects behind schedule due to legal difficulties, real estate projects including construction; non-guaranteed projects, projects…

Ü INVESTMENT


KARAOKE BAR:
NOT PLACE LATCHES INSIDE THE KARAOKE ROOMS

 

This content is prescribed at the Decree No. 54/2019/ND-CP of the Government regulating the business of karaoke and discotheque services.

This Decree prescribes that enterprises or business households shall take other responsibilities for not opening from 0 a.m. to 8 a.m. and not opening from 0 a.m. to 8 a.m. when providing dancing service business.

Enterprises or business households shall meet the conditions for fire and explosion prevention and fighting, security and order. Each karaoke room shall ensure at least 20m2 of using space, excluding the auxiliary works and enterprises or business households shall not place latches
 

or set alarm devices inside the karaoke rooms (excluding fire alarm devices).

Enterprises or business households providing discotheque service shall have each discotheque room shall ensure at least 80m2 of using space…Business locations shall be at least 200m away from schools, hospitals, religious establishments and historical-cultural relics. Particularly, not providing discotheque services for people under 18 years old.

After December 01, enterprises or business households have not met the business conditions as prescribed in this Decree shall terminate their business activities.

This Decree takes effect on September 01, 2019.

Ü  TRANSPORT

VEHICLE INSPECTION LINE
MUST BE OPERATED BY AT LEAST 03 INSPECTORS

On May 20, 2019, the Ministry of Transport issues the Circular No. 18/2019/TT-BGTVT on providing guidance on implementation of Government’s Decree No. 139/2018/ND-CP dated October 08, 2018 providing regulatory framework for provision of motor vehicle inspection services.

Accordingly, each inspection line of the vehicle inspection station must be taken charged by at least 03 inspectors who will directly perform motor vehicle inspection operations. During their operation, vehicle inspection stations are required to maintain their satisfaction of personnel requirements.
 

In addition, this Circular also regulates that persons practicing motor vehicle inspection operations shall be provided with theoretical and practicing training in motor vehicle inspection for the period of at least 12 months. The assigned practical instructor must be a senior inspector or an inspector who has at least 36 months’ inspection experience and the practical instructor shall be responsible for technical assessment results of inspected vehicles.

This Circular takes effect on July 05, 2019. 

Ü  SCIENCE – TECHNOLOGY

ENTERPRISES CHEATING TO RECEIVE
THE STATE’S SUPPORTS SHALL BE FINED UP TO VND 40 MILLION

On June 13, 2018, the Government issues the Decree No. 51/2019/ND-CP on sanctioning administrative violations in scientific and technological activities and technology transfer.

This Decree keeps the former fine as previous provisions that the maximum fine level in scientific and technological activities and technology transfer is VND 50 million for individuals and VND 100 million for organizations.

However, the fine level shall increase with specific violation. The enterprises cheating or deceiving to receive

 
 

the State's supports and incentives shall be fined up to VND 40 million instead of VND 30 million as before.

A fine up to VND 50 million shall be imposed for acts of transferring technologies on the list of transfer-prohibited technologies from Vietnam to foreign countries or from foreign countries into Vietnam.

This Decree takes effect from August 1, 2019. For acts of administrative violation that occur before August 01 and later are discovered or being handled, beneficial provisions for violating organizations and individuals shall apply.

Ü  ADMINISTRATIVE VIOLATIONS

FINE OF VND 25 MILLION
FOR PLAYING ROUGHLY IN SPORTS

The Government issues the Decree No. 46/2019/ND-CP on penalties for administrative violations in sports dated May 27, 2019, takes effect on August 01, 2019.

In particular, To impose a fine of from VND 15,000,000 to VND 20,000,000 for insulting, reviling, offending dignity and honor; threatening to infringe health, life; showing inappropriate behavior against the ethics, fine customs and traditions, traditional culture of Vietnam when participating in sports activities.

Besides, to impose a fine of from VND 20,000,000 to VND 25,000,000 for deliberately causing trauma, playing roughly
 

adversely affecting other people's health in sports training and competition. Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation.

This Decree also prescribes violations in banned violence regulations in sports; violations against regulations on fraud in sports; violations against regulations on methods banned in sports training and competition…the maximum fine in the sport is VND 50 million for individual and VND 100 million for organization.

UP TO VND 1 BILLION FINE FOR
ILLEGAL OPERATE FISHING VESSEL LONGER THAN 24M

This is a content in the Decree No. 42/2019/ND-CP approved by the Government on sanctioning administrative violations on fisheries dated May 16, 2019.

Accordingly, a fine ranging from VND 10 million to VND 15 million shall be imposed for failure to carry out procedures for registration of cage culture or major cultured species. A fine ranging from VND 10 million to VND 20 million shall be imposed for failure to meet material facilities or technical equipment requirements as prescribed.

Especially, a maximum fine up to VND 1 billion shall be imposed to vessel owners having one of the following violations:
 

- Failing to obtain a fishing license or using an expired one when carrying out fishing operations within the territorial waters of Vietnam with a fishing vessel of ≥ 24 m in length overall;

- Failing to obtain a fishing license or written approval or using an expired one when carrying out fishing operations in waters under the jurisdiction of another State or territory or under the jurisdiction of the regional fisheries organization…

This Decree takes effect on July, 05, 2019.

ILLEGALLY TRANSPORTING FOREST PRODUCTS
SHALL BE FINED UP TO VND 1 BILLION

This is content promulgated by the Government in the Decree No. 35/2019/ND-CP on penalties for administrative violations against regulations on forestry dated April 25, 2019, which takes effect on June 10, 2019.

Accordingly, the action of illegally transporting forest products (from the time products are loaded onto the vehicle) or inconsistency between the dossiers which is deemed lawful and forest products actually transported:

The violation involves forest animals of common species, body parts or products thereof assessed less than VND 15 million; the violation involves a volume of less than 02 m3 of timber of common species; the violation involves non-timber
 

forest plants assessed less than VND 15 million…shall be fined from VND 05 to 15 million.

Especially, a fine ranging from VND 475 million to VND 500 million shall be imposed for illegal transport of products made from timber without lawful dossier and assessed from VND 475 million or more.

The fine for every administrative violation prescribed herein shall be imposed on individual and shall not exceed VND 500 million. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation and shall not exceed VND one billion.

 

 

 

 

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