Legal Document Updates in English (22/2020)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

954/2020/UBTVQH14

Resolution No. 954/2020/UBTVQH14 dated June 02, 2020 of the National Assembly Standing Committee on adjusting the reduction based on family circumstances for personal income tax

 

From July 01, to increase the family circumstances-based reduction by VND 2 million/month

Page 2

2

50/2020/TT-BTC

Circular No. 50/2020/TT-BTC dated June 01, 2020 of the Ministry of Finance on prescribing the rates and the remittance of charges for appraisal of business conditions in labor safety technical inspection activities and training in occupational safety and hygiene

 

To reduce 50% of the charge for appraising conditions for training in occupational safety and hygiene until the end of 2020

Page 2

3

49/2020/TT-BTC

Circular No. 49/2020/TT-BTC dated June 01, 2020 of the Ministry of Finance on prescribing the rates and remittance of charges in registration of secured transactions

 

To reduce 20% of the charge rate for registration of secured transactions until the end of 2020

Page 2

4

 

41/2020/TT-BTC

 

 

Circular No. 41/2020/TT-BTC dated May 18, 2020 of the Ministry of Finance on amending and supplementing a number of articles of the Circular No. 219/2016/TT-BTC dated November 10, 2016 prescribes the rates of charges and fees related to exit from, entry into, transit through and residence in Vietnam and charge and fee collection, remittance, management and use

 

The charge collecting agencies on exit and entry may deduct maximum 20% collected charge

Page 3

LABOR - SALARY

 

LABOR – SALARY

5

 

24/CT-TTg

 

Directive No. 24/CT-TTg dated May 28, 2020 of the Prime Minister on accelerating the development of occupationally skilled human resources, contributing to raising productivity and improving national competitiveness in the new situation

 

To propose to pilot collegial training for lower secondary graduates

Page 3

FINANCE – BANKING

 

FINANCE – BANKING

6

56/2020/ND-CP

Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government on management and use of official development assistance (ODA) and concessional loans of foreign donors

 

Not allow to use foreign loans to pay tax, fees and charges

Page 3

CADRES - CIVIL SERVANTS

 

CADRES - CIVIL SERVANTS

7

62/2020/ND-CP

Decree No. 62/2020/ND-CP dated June 01, 2020 of the Government on job positions and civil servant payrolls

 

To consider adjusting civil servant payrolls in some cases

Page 4

INFORMATION - COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

8

12/2020/TT-BTTTT

 

Circular No. 12/2020/TT-BTTTT dated May 29, 2020 of Minister of Information and Communications on guiding the determination of the cost on hiring of information technology service funded by the state budget according to method of cost calculation

 

The cost on hiring the specific require service must not exceed the bidding price

Page 4

CRIMINAL

 

CRIMINAL

9

60/2020/ND-CP

Decree No. 60/2020/ND-CP dated May 29, 2020 of the Government on amending and supplementing the List of Narcotic Substances and Precursors promulgated together with the Government’s Decree No. 73/2018/ND-CP dated May 15, 2019 on the List of Narcotic Substances and Precursors

 

From May 29, the use of opium and opium preparations is strictly prohibited

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE

FROM JULY 01, TO INCREASE THE FAMILY CIRCUMSTANCES-BASED
REDUCTION BY VND 2 MILLION/MONTH

On June 02, 2020, the National Assembly Standing Committee issues the Resolution No. 954/2020/UBTVQH14 on adjusting the reduction based on family circumstances for personal income tax.

Accordingly, the level of reduction based on family circumstances for personal income tax is adjusted as follows: Reduction for the taxpayer, which is VND 11 million/month

 

(VND 132 million/year) and reduction for each dependent of the taxpayer, which is VND 4.4 million/month. Thus, the family circumstances-based reduction level is increased by VND 02 million/month for the taxpayer and VND 0.8 million/month for each dependent.

This Resolution takes effect on July 01, 2020 and applies from the tax period 2020.

TO REDUCE 50% OF THE CHARGE FOR APPRAISING CONDITIONS
FOR TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE UNTIL THE END OF 2020

On June 01, 2020, the Ministry of Finance promulgates the Circular No. 50/2020/TT-BTC on prescribing the rates and the remittance of charges for appraisal of business conditions in labor safety technical inspection activities and training in occupational safety and hygiene.

Accordingly, from June 01, 2020 to the end of December 31, 2020, a non-business unit or an enterprise that requests the

 

state management agency for appraising business conditions in labor safety technical inspection activities and training in occupational safety and hygiene shall only pay 70% of the charge rates as prescribed. From January 01, 2021, the charge rates as prescribed in Article 1 of the Circular No. 110/2017/TT-BTC shall be applied.

TO REDUCE 20% OF THE CHARGE RATE
FOR REGISTRATION OF SECURED TRANSACTIONS UNTIL THE END OF 2020

On June 01, 2020, the Ministry of Finance promulgates the Circular No. 49/2020/TT-BTC on prescribing the rates and remittance of charges in registration of secured transactions.

Accordingly, an organization or a person that requests for registration of secured transactions, provision of information on secured transactions in movable property (other than aircraft) or seagoing ship shall pay charges as follows:

Firstly, from June 01, 2020 to the end of December 31, 2020, for case of requesting agencies and units for carrying out the work of registration of secured transactions, the charge rate to be remitted shall be equal 80% of the charge rates specified in Points a, b and d, Clause 1, Article 4 of the

 

Circular No. 202/2016/TT-BTC and 80% of the charge rates specified in Points c and dd, Clause 1, Article 1 of the Circular No. 113/2017/TT-BTC.

Next, for case of requesting agencies and unit for providing information on secured transactions in movable property (other than aircraft) or seagoing ship, the charge rates to be remitted shall be equal 80% of the charge rates specified in Clause 2, Article 4 of the Circular No. 202/2016/TT-BTC.

This Circular takes effect from June 01, 2020 to the end of December 31, 2020.

THE CHARGE COLLECTING AGENCIES ON EXIT AND ENTRY
MAY DEDUCT MAXIMUM 20% COLLECTED CHARGE

On May 18, 2020, the Ministry of Finance promulgates the Circular No. 41/2020/TT-BTC on amending and supplementing a number of articles of the Circular No. 219/2016/TT-BTC dated November 10, 2016 prescribes the rates of charges and fees related to exit from, entry into, transit through and residence in Vietnam and charge and fee collection, remittance, management and use.

Accordingly, for the charge collecting agencies which are the Immigration Department and the Border Gate Security Department and provincial-level Public Security Departments and Border Guard Commands, such agencies may deduct 20% of the collected charge amount to cover the expenses in accordance with law provisions. The remaining 80% shall be remitted to the state budget under the chapters and sub-items of the current State Budget Index.

 

For the charge collecting agencies as the Consular Department and the Ho Chi Minh City Department of External Affairs, the whole collected charge amount to the state budget. In case a charge-collecting organization is a state agency which has their operating expenses covered by collected charge amounts, it may deduct 20% of the collected charge amount to cover the expenses.

As provided, the charge collecting agencies in the field of managing of exit from, entry into, transit through and residence may deduct maximum of 20% collected charge, instead of 30% as before. Regulations on collection of fee remain unchanged: The fee collecting agencies shall have to remit the whole collected fee to the state budget

This Circular takes effect from August 01, 2020.

Ü  LABOR - SALARY

TO PROPOSE TO PILOT COLLEGIAL TRAINING FOR LOWER SECONDARY GRADUATES

This is a remarkable content to follow the direction of the Prime Minister on accelerating the development of occupationally skilled human resources, contributing to raising productivity and improving national competitiveness in the new situation specified in the Directive No. 24/CT-TTg dated May 28, 2020.

Accordingly, the Prime Minister requests the Ministry of Labor, War Invalids and Social Affairs to propose the provision on a pilot basis of collegial training for lower secondary graduates; to continue and further extend the application of programs effectively transferred from foreign countries in the vocational education system.

 

The Ministry of Education and Training shall study and propose the improvement of mechanisms and policies to create favorable conditions for learners of the vocational education system who wish to transfer to higher education.

The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with related agencies in, studying and applying credit policies to support the development of occupationally skilled human resources, especially for priority sectors and trades, and create favorable access to credit for vocational education institutions.

Ü  FINANCE – BANKING

NOT ALLOW TO USE FOREIGN LOANS TO PAY TAX, FEES AND CHARGES

On May 25, 2020, the Government promulgates the Decree No. 56/2020/ND-CP on management and use of official development assistance (ODA) and concessional loans of foreign donors.

To be specific, ODA and concessional loans may only be used for development investment but not regular spending. It is not allowed to use foreign loans to pay tax, fees and charges, loan interest, purchase cars (except for specialized cars as decided by competent authorities), supplies, equipment for operating processes after the project is completed; ground clearance expenses, operating expenses of the project management unit;

In addition, the Decree regulates that the time for appraisal of the report on proposing the investment policy or the pre-feasibility study report of a program or project shall be

 

calculated from the date on which the valid dossier is received by the Appraisal Council. This time for a national targeted program shall not exceeding 60 days; for a public investment program (excluding national targeted programs) shall not exceeding 45 days; for a project of group-A shall not exceeding 45 days.

Besides, the Government also guides the formulation of dossiers submitted to the competent authority and time for deciding on investment policy on ODA or concessional loan-funded programs or projects; order and procedures for appraising and approving technical assistance project or non-project aid documents...

This Decree takes effect on May 25, 2020.

Ü  CADRES - CIVIL SERVANTS

TO CONSIDER ADJUSTING CIVIL SERVANT PAYROLLS IN SOME CASES

On June 01, 2020, the Government issues the Decree No. 62/2020/ND-CP on job positions and civil servant payrolls.

In accordance with this Decree, the adjustment of civil servant payrolls in an agency or organization shall be considered in the following cases: There is a change in job positions and amount of work of each job position, population size and natural area… in such agency or organization;  Establishing, re-organizing or dissolving an agency or organization in accordance with the competent authorities’ decisions; establishing, dissolving, merging, splitting up or adjusting boundaries of provincial and district administrative units.

 

Dossiers of adjustment of civil servant payrolls shall comprise: a written request for adjustment of civil servant payrolls; a scheme on adjustment of civil servant payrolls and related documents. For the increase of civil servant payrolls or transfer of civil servant payrolls among ministries, branches and localities, such ministries, branches and localities shall send dossiers to the Ministry of Home Affairs for appraising and submitting to the Prime Minister for decision. For the transfer of civil servant payrolls among ministries, branches, localities and agencies, organizations, the Ministry of Home Affairs shall decide and report to the Prime Minister.

This Decree takes effect on July 20, 2020.

Ü  INFORMATION - COMMUNICATIONS

THE COST ON HIRING THE SPECIFIC REQUIRE SERVICE
MUST NOT EXCEED THE BIDDING PRICE

This is the new content approved by the Minister of Information and Communications on the Circular No. 12/2020/TT-BTTTT on guiding the determination of the cost on hiring of information technology service funded by the state budget according to method of cost calculation on May 29, 2020.

Accordingly, the cost on hiring the specific require service shall not exceed the bidding price (after correction of mistake, modification of erroneous, minus of price reduce value (if any); not exceed the estimate or price of the bidding package up on agree on a plan on determining the service cost according to the negotiated payment period and time of payment.

 

Besides, in case the plan on hiring the specific require service has proposal to exploit used infrastructure equipment, the cost of service establishment and formulation shall be calculated on the remain value of such equipment after deduct the deprecation in accordance with law provisions (the deprecation method of straight line shall apply).

In addition, the cost of service maintenance shall be determined on the base of market price in ensure to comply with specific requirements of the agency, organization hiring the specific require service.

This Circular takes effect on July 14, 2020.

Ü  CRIMINAL

FROM MAY 29, THE USE OF OPIUM AND OPIUM PREPARATIONS
IS STRICTLY PROHIBITED

On May 29, 2020, the Government issues the Decree No. 60/2020/ND-CP on amending and supplementing the List of Narcotic Substances and Precursors promulgated together with the Government’s Decree No. 73/2018/ND-CP dated May 15, 2019 on the List of Narcotic Substances and Precursors.

Accordingly, to transfer substance No. 389 “Opium and opium preparations” (except for ethyl esters of iodized fatty acids in opiate seed oil that no longer contain narcotic from opium) from the List IID to the List of “narcotic substances banned from healthcare and life, the use of which for

 

analysis, testing, scientific research and criminal investigation is subject to permission by competent authorities” (ID).

In addition, to remove 03 narcotic substances from the List IIC, including: 206. AMB-FUBINACA; 329. MMB-PICA; 330. MMB-PINACA. On the other hand, to add CAS information codes of 40 substances in the List IIC “Substances and available salts of them”.

This Decree takes effect on the signing date.

 

 

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