Legal Document Updates in English (24/2019)

                                                            No. 24 (419) – JULY - 2019

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

20/2019/ND-CP

Decree No. 20/2019/ND-CP dated February 21, 2019 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 140/2016/ND-CP of October 10, 2016, on registration fee

 

The first-time registration fee rate for passenger cars with 9 or fewer seats is 10%

Page 2

LABOR - SALARY

 

LABOR - SALARY

2

10/2019/TT-BLDTBXH

Circular No. 10/2019/TT-BLDTBXH dated June 28, 2019 of the Ministry of Labor, War Invalids and Social Affairs on guiding the amendment of the Decree No. 44/2019/ND-CP dated May 20, 2019 of the Government

 

From July 01, pension, social insurance allowance and monthly allowance increased by 7.19%

Page 2

INVESTMENT

 

INVESTMENT

3

18/CT-TTg

Directive No. 18/CT-TTg dated June 29, 2019 of the Prime Minister on improving management and efficient use of ODA and foreign preferential loans…

 

Not use ODA for regular expenditures

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

4

23/2019/QD-TTg

Decision No. 23/2019/QD-TTg dated June 27, 2019 of the Prime Minister on the list of imported goods required to follow customs procedures at the ports of entry

 

14 types of imported goods for customs procedures at the ports of entry

Page 3

NATURAL RESOURCES - ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

5

27/2019/ND-CP

Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government on detailing a number of articles of the Law on Survey and Mapping

 

Original national survey points may neither be relocated nor dismantled

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

6

09/2019/TT-BYT

Circular No. 09/2019/TT-BYT dated June 10, 2019 of the Ministry of Health on providing instructions for assessment of requirements for signing contracts for insured primary healthcare services…

 

Directly pay the healthcare service costs for 05 consecutive years’ health insurance cardholders

Page 3

INFORMATION - COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

7

02/2019/TT-BTTTT

Circular No. 02/2019/TT-BTTTT dated March 08, 2019 of the Ministry of Information and Communications on guiding the management of external information activities of ministries, ministerial-level agencies and government-attached agencies

 

Clarification information must be supplied within 07 days

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


THE FIRST-TIME REGISTRATION FEE RATE
FOR PASSENGER CARS WITH 9 OR FEWER SEATS IS 10%
 

On February 21, 2019, the Government issues the Decree No. 20/2019/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 140/2016/ND-CP of October 10, 2016, on registration fee.

Accordingly, the first-time registration fee rate for passenger cars with 9 or fewer seats is 10%. When necessary to apply a higher fee rate to suit local practical conditions, provincial-level People’s Councils may decide to increase the registration fee rate by no more than 50% the common rate prescribed at this Point.

For pick-up cars with authorized total load of less than 1,500 kg and with 5 or fewer seats, and vans with authorized total load of under 1,500 kg, the first-time
 

registration fee rate is 60% of the first-time registration fee rate for passenger cars with 9 or fewer seats. From the second time on, the registration fee rate of 2% shall be applied uniformly nationwide.

Besides, the Decree also supplements a number of objectives exempted from registration fee such as:

Houses and land being compensations or resettlement land; Fishing ships and boats, offshore ships, hulls, complete frames and engines of fishing ships and boats or garbage trucks, water trucks, street-cleaning vehicles, road sweepers, dumpers and dust cleaners, septic trucks

This Decree takes effect on April 10, 2019.

Ü  LABOR - SALARY


FROM JULY 01, PENSION, SOCIAL INSURANCE ALLOWANCE
AND MONTHLY ALLOWANCE INCREASED BY 7.19% 

On June 28, 2019,  the Ministry of Labor, War Invalids and Social Affairs issues the Circular No. 10/2019/TT-BLDTBXH guiding the amendment of pension, social insurance allowance and monthly allowance to the subjects prescribed at Clause 1, 2, 3 and Clause 8, Article 1 of the Decree No. 44/2019/ND-CP dated May 20, 2019 of the Government.

From July 01, 2019, amendment of pension, social insurance allowance and monthly allowance to the subjects prescribed at Article 1 of this Decree shall be increased by 7.19% compared with the pension, social insurance allowance and monthly allowance on June of 2019.

-  Cadres, civil servants, workers, public employees and labors (includes social insurance volunteer, retired workers transfer from Nghe An Farmers’ Social Insurance Fund
 

under the Prime Minister’s Decision No. 41/2009/QD-TTg dated March 16, 2009); army men, employees in the people’s public security force and persons engaged in cipher work enjoying monthly pension.

-  Commune, ward or township cadres enjoying pension and monthly allowance prescribed in the Decree No. 92/2009/ND-CP dated October 22, 2009, the Decree No. 121/2003/ND-CP dated October 10, 2003 and the Decree No. 09/1998/ND-CP dated January 23, 1998.

-  Persons on monthly working capacity loss allowance as regulated by laws; persons on monthly allowance as regulated by the Decision No. 91/2000/QD-TTg dated August 04, 2000, the Decision No. 613/QD-TTg dated May 06, 2010; rubber workers on monthly allowance.

This Circular takes effect on August 15, 2019.

Ü  INVESTMENT


NOT USE ODA FOR REGULAR EXPENDITURES

On June 29, 2019, the Prime Minister issues the Directive No. 18/CT-TTg on improving management and efficient use of ODA and foreign preferential loans in the new situation for development investment expenditures instead of regular expenditures.

The Prime Minister points out that major guidelines and policies on mobilization, management and use of ODA and foreign preferential loan capital, focusing on development investment expenditures instead of regular expenditures.

 
 

The ministries, branches and localities shall actively review and cut down them; calculate the remaining essential operational expenditures of the project arranged in regular funding from the state budget; not use loans for such expenditures.

Besides, the Directive also points out clearly that the negotiation and signing of loan treaties and agreements shall be consistent with the conditions and criteria of socio-economic efficiency and the ability of repayment, in which capital for conditional projects shall not be borrowed and detrimental regulations to Vietnam shall not be included as well as inefficient loans in comparison with domestic loans shall not be taken.

Ü  EXPORT – IMPORT

14 TYPES OF IMPORTED GOODS
FOR CUSTOMS PROCEDURES AT THE PORTS OF ENTRY 

On June 27, 2019, the Prime Minister issues the Decision No. 23/2019/QD-TTg on the list of imported goods required to follow customs procedures at the ports of entry.

Accordingly, the Prime Minister issues the Decision No. 23/2019/QD-TTg on the list of imported goods required to follow customs procedures at the ports of entry.

Accordingly, imported goods subject to customs procedures at the ports of entry, including:

- Cigarette, cigar and other tobacco-based products used for smoking, sniffing, chewing, snuffing or sucking; liquor; Beer made from malt; Motor vehicles for the transport of fewer than 16 persons; Motorbikes, three-wheel motorcycles with reciprocating internal combustion piston engine of a cylinder capacity exceeding 125 cc 

- Aircraft, yachts; Petrol of all kinds; Air conditioners of up to 90,000 BTU; Playing cards; Votive papers

- Explosive precursor substances and industrial explosive materials as per the List promulgated by Ministry of Industry and Trade

 

- Imported goods that may cause impacts on the national defense and security as per the List promulgated by Ministry of Industry and Trade

- Imported goods from countries and territories with warnings about the risk of epidemics as notified by the Ministry of Agriculture and Rural Development

- Goods in cases of application of trade remedy measures and measures to prevent the avoidance of trade remedies under decisions issued by the Minister of Industry and Trade. 

For imported goods on the List, customs declarants have the right to carry out customs procedures at Customs Sub-Departments located at the ports of entry as defined in Article 4 of this Decision or at customs clearance sites outside the ports of entry.

This Decision takes effect on September 01, 2019.



 

Ü  NATURAL RESOURCES - ENVIRONMENT

ORIGINAL NATIONAL SURVEY POINTS
MAY NEITHER BE RELOCATED NOR DISMANTLED 

The Government issues the Decree No. 27/2019/ND-CP detailing a number of articles of the Law on Survey and Mapping on March 13, 2019.

Accordingly, the updating cycle of the national fundamental geographic database means the maximum interval between two times of data updating, which is prescribed below: within no more than 5 years, the national fundamental geographic database shall be updated.

For medium- and small-scale national fundamental geographic databases of Vietnam’s maritime zones, the updating cycle is no more than 7 years; transport and population databases shall be updated annually; within the updating cycle, component data that see changes exceeding 20% shall be updated; instant updating is required when national border and administrative boundary data see any changes…
 
 

Particularly, original national survey points may neither be relocated nor dismantled. The relocation and dismantlement of remote sensing satellite ground stations must comply with the Decree on remote sensing activities. The relocation and dismantlement of geodetic markers and satellite positioning stations may be carried out when due to requirements of socio-economic development and assurance of national defense and security, a survey infrastructure work cannot continue to exist or operate normally according to national standards and technical regulations and technical rules; due to the impacts of natural conditions and disasters, a geodetic marker is lost or damaged, or due to other external impacts, a geodetic marker is lost or damaged or displaced or a survey infrastructure work expires and can no longer be used or is replaced by another one.

This Decree takes effect on May 01, 2019.

Ü  MEDICAL – HEALTH

DIRECTLY PAY THE HEALTHCARE SERVICE COSTS
FOR 05 CONSECUTIVE YEARS’ HEALTH INSURANCE CARDHOLDERS

On June 10, 2019 the Ministry of Health issues the Circular No. 09/2019/TT-BYT on providing instructions for assessment of requirements for signing contracts for insured primary healthcare services, referral of subclinical services and certain cases of direct payment of insured healthcare service costs.

Accordingly, health insurance cardholders shall be directly paid medical and healthcare costs in the following cases:

- A patient has participated in the health insurance plan for at least 5 consecutive years and has incurred total out-of-pocket medical cost within a year greater than total base pay amount received during 6 months;
 

- Health insurance card data are not provided or are provided inaccurately;

- If the patient does not present his/her health insurance card prior to medical discharge, refer to another healthcare establishment within a day due to medical emergency, loss of consciousness, death or loss of the health insurance card without being not issued with another one yet;

- Cases specified in point a, b Clause 2 Article 31 of the Law on Health Insurance.

This Circular takes effect on August 01, 2019.
 

Ü  INFORMATION - COMMUNICATIONS

CLARIFICATION INFORMATION
MUST BE SUPPLIED WITHIN 07 DAYS 

On March 08, 2019, the Ministry of Information and Communications issues the Circular No. 02/2019/TT-BTTTT guiding the management of external information activities of ministries, ministerial-level agencies and government-attached agencies.

Particularly, within 7 (seven) days after receiving a notice from the Ministry of Information and Communications, the ministries shall make statements and provide explanatory and clarification information and concurrently send them to the Ministry of Information and Communications for monitoring, summarization and reporting to the Prime Minister.

Ministries shall proactively implement information and propaganda measures to protect and enhance their prestige and image in the following forms: issuing press releases to explain and clarify false information; spokespersons of the ministries and their specialized agencies making statements and providing information to
 

the press; appointing representatives of leaders or spokespersons to attend the press briefing meetings; posting up explanatory and clarification information on the portals of the ministries and their specialized agencies; in communication products of news and press agencies and in other media, in Vietnamese and foreign languages; providing information for news and press agencies to explain, clarify and fight false information.

Explanatory and clarification materials, documents, dossiers and arguments include the following major contents as contents of false information and updated information from the time false information occurs to the time of explanation and clarification; impacts of false information on the prestige and image of the ministries and the country; and the nature of the facts or phenomena about which false information is provided…

This Circular takes effect on April 22, 2019.

 

 

 

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