Legal Document Updates in English (24/2020)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

 

19/2020/QD-TTg

 

Decision No. 19/2020/QD-TTg dated June 17 of the Prime Minister on non-stop electronic toll collection

 

Implement the non-stop electronic toll collection no later than December 31, 2020

Page 2

2

58/2020/TT-BTC

Circular No. 58/2020/TT-BTC dated June 12, 2020 of the Ministry of Finance prescribing the rates and collection, remittance, management and use of charge for handling of competition cases

 

On 2020, charges for handling of competition cases decrease to 50%

Page 2

3

56/2020/TT-BTC

Circular No. 56/2020/TT-BTC dated June 12, 2020 of the Ministry of Finance on prescribing the rates and remittance of fees and charges in crop production and forest tree varieties

 

To reduce 20 - 50% of fees and charges in crop production and forest tree varieties

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

4

 

 

67/2020/ND-CP

 

Decree No. 67/2020/ND-CP dated June 15, 2020 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 68/2016/ND-CP dated July 01, 2016 on prescribing conditions on trading of duty-free goods, operation of warehouses, storing yards, and places for customs clearance, goods gathering and customs inspection and supervision

 

Enterprise notifying to resume the operation shall not be revoked the certificate of eligibility for duty-free goods trading

Page 3

5

64/2020/ND-CP

Decree No. 64/2020/ND-CP dated June 10, 2020 of the Government on providing guidance on the implementation of the temporary admission mechanism under the Istanbul Convention

 

Guidance on implementation of temporary admission mechanism according to the Istanbul Convention

Page 3

INDUSTRY

 

INDUSTRY

6

12/2020/TT-BCT

Circular No. 12/2020/TT-BCT dated June 18, 2020 of the Ministry of Industry and Trade on amending, supplementing and repealing a number of articles of the Circular No. 09/2017/TT-BCT on providing regulations on technical inspection of occupational safety under the management of the Ministry of Industry and Trade and some inspection procedures promulgated together with the Circular No. 10/2017/TT-BCT on providing procedures for technical inspection of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements…

 

3 cases subject to irregular inspection with explosion-proof generator

Page 3

IMMIGRATION

 

IMMIGRATION

7

80/NQ-CP

Resolution No. 80/NQ-CP dated May 25, 2020 of the Government regarding visa exemption policy for foreigners on entry into Phu Quoc Economic Zone, Kien Giang province

 

Visa exemption policy for foreigners on entry into Phu Quoc Economic Zone

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE

IMPLEMENT THE NON-STOP ELECTRONIC TOLL COLLECTION
NO LATER THAN DECEMBER 31, 2020

On June 17, the Prime Minister promulgates the Decision No. 19/2020/QD-TTg on non-stop electronic toll collection.

Accordingly, the operating toll plaza which does not establish the system of non-stop electronic toll collection shall have to transfer in to non-stop electronic toll collection no later than December 31, 2020. For the toll plaza already establish the system of non-stop electronic toll collection, such system shall be operated immediately.

 

Road vehicles subject to road tolls and road vehicles free from road tolls must be affixed to e-tags. The e-tag shall be affixed by a motor vehicle registration or an agency authorized by the toll collection service provider. The vehicle owner is exempt from the expense associated with e-tag affixture for the first installation before December 31, 2021. After that, the vehicle owner must pay expenses for e-tag affixture to the toll collection service provider.

This Decision takes effect on August 01, 2020.


ON 2020, CHARGES FOR HANDLING OF COMPETITION CASES DECREASE TO 50%

On June 12, 2020, the Minister of Finance promulgates the Circular No. 58/2020/TT-BTC prescribing the rates and collection, remittance, management and use of charge for handling of competition cases.

In accordance with this Circular, the charge rate for settlement of independent requests filed by persons with related interests or obligations is VND 5 million per case. The charge rate for appraisal of dossiers for enjoyment of immunity in the handling of competition cases is VND 25 million per dossier. This charge rates shall apply from July 27, 2020, until the end of December 31, 2020.

 

From January 01, 2021, the charge rates of the two above charge shall be doubled, to be specific, for settlement of independent requests filed by persons with related interests or obligations shall be VND 10 million per case; for appraisal of dossier for enjoyment of immunity in the handling of competition cases shall be VND 50 million per dossier.

When having an independent request for participating in competition proceedings in the capacity as a person with related interests or obligations, the requester shall pay in advance the whole charge amount and shall bear such charge amount in case their request rejected.

This Circular takes effect from July 27, 2020.


TO REDUCE 20 - 50% OF FEES AND CHARGES IN CROP PRODUCTION AND FOREST TREE VARIETIES

This new content is prescribed by the Ministry of Finance in the Circular No. 56/2020/TT-BTC dated June 12, 2020 on prescribing the rates and remittance of fees and charges in crop production and forest tree varieties.

Accordingly, an organization or individual that requests the competent state agency for grant of a protection title or a certificate of registration of a contract on transferring industrial property rights; filing an application for protection of intellectual property rights; grant of industrial property representation practice certificates, publication and recording of industrial property representatives shall pay a fee equal to the fee specified in Section I of the charge and fee Tariff in crop production and forest tree varieties attached to the Circular No. 207/2016/TT-BTC dated November 09, 2016.

For cases of maintaining the validity of plant variety protection certificate, from June 12, 2020, an organization or individual that submits an application to the competent state agency for protection of plant varieties (maintaining the

 

validity of plant variety protection certificate) shall pay charges as follows:

Firstly, for cases of maintaining the validity of plant variety protection certificate from the 1st year to the 9th year, the charge rates to be remitted shall be equal 80% of the charge rates specified in Point 3, Section III of the charge and fee Tariff in crop production and forest tree varieties attached to the Circular No. 207/2016/TT-BTC.

Secondly, for cases of maintaining the validity of plant variety protection certificate from the 10th year to the end of the validity period of the protection certificate, the charge rates to be remitted shall be equal 70% of the charge rates specified in Point 3, Section III of the charge and fee Tariff in crop production and forest tree varieties attached to the Circular No. 207/2016/TT-BTC.

This Circular takes effect from June 12, 2020, until the end of December 31, 2020.

Ü  EXPORT – IMPORT

ENTERPRISE NOTIFYING TO RESUME THE OPERATION SHALL NOT BE REVOKED
THE CERTIFICATE OF ELIGIBILITY FOR DUTY-FREE GOODS TRADING

On June 15, 2020, the Government issues the Decree No. 67/2020/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 68/2016/ND-CP dated July 01, 2016 on prescribing conditions on trading of duty-free goods, operation of warehouses, storing yards, and places for customs clearance, goods gathering and customs inspection and supervision.

Accordingly, to amend provisions on the revocation of a certificate of eligibility for duty-free goods trading if the time limit for suspension of operation is past. To be specific: An enterprise shall be revoked its certificate of eligibility for duty-free goods trading if such enterprise suspends its operation for more than 06 months from the notifying date and does not send a written notice on resuming its business operation. As in the previous regulations, such certificate shall be revoked in all cases of suspending operation for more than 06 months.

In addition, regulations on conditions for issuing the certificate of eligibility for duty-free goods trading also are

 

amended and supplemented. Specifically, the camera system of the duty-free shop must satisfy the requirement of online connection to the managing customs agency’s computer network; observing all positions in the duty-free goods warehouses, duty-free shops and stalls in the isolation area around the clock and storing camera footages for at least 06 months (as in the previous regulations, such storing footages must be 12 months).

Similarly, the storing footages for a bonded warehouse also are reduced from 12 months to 06 months. In the other hands, a dossier for recognition of a bonded warehouse shall exclude 03 types of documents compared to the previous regulations, including: A document describing the bonded warehouse management software; a document proving the right to use the bonded warehouse and the operation regulation.

This Decree takes effect on August 10, 2020.


GUIDANCE ON IMPLEMENTATION OF TEMPORARY ADMISSION MECHANISM
ACCORDING TO THE ISTANBUL CONVENTION

On June 10, 2020, the Government issues the Decree No. 64/2020/ND-CP on providing guidance on the implementation of the temporary admission mechanism under the Istanbul Convention.

As prescribed in this Decree, Carnet (ATA Carnet) means documents used for the temporary admission of goods, it can be accepted in lieu of the customs declaration for customs procedures and ensuring payment of import duty, other taxes, late payment interest, fines and charges, fees (if any) with respect to temporarily admitted goods. The ATA Carnet is valid for 12 months from the date of its issuance.

The granting agency of the ATA Carnet in Vietnam is the Vietnam Chamber of Commercial and Industry (VCCI). The dossier of request for granting the ATA Carnet comprises:

Firstly, 01 original copy of the written registration of signature of the person authorized to sign in the written request for grant of the ATA Carnet and the stamp form of the enterprise

 

(in case the applicant for granting the ATA Carnet is an organization).

Secondly, 01 original copy of the written request for granting the ATA Carnet.

Thirdly, 01 original copy of the letter of guarantee issued by the credit institution, foreign bank branch or a paper of payment to the VCCI...

In addition, this Decree also states that the security amount to issue the ATA Carnet shall be determined by the VCCI by 110% of the importation tax and other highest tax payment of the country has temporary admission goods passes by. In case the security amount is not enough for importation tax payment, other tax payment, late payment, fine, charge and fee (if any) of the temporary admission goods, the owner of ATA Carnet shall have the obligation to pay the shortage for the VCCI.

This Decree takes effect from July 30, 2020.

Ü  INDUSTRY

3 CASES SUBJECT TO IRREGULAR INSPECTION WITH EXPLOSION-PROOF GENERATOR

On June 18, 2020, the Ministry of Industry and Trade issues the Circular No. 12/2020/TT-BCT on amending, supplementing and repealing a number of articles of the Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on providing regulations on technical inspection of occupational safety under the management of the Ministry of Industry and Trade and some inspection procedures promulgated together with the Circular No. 10/2017/TT-BCT dated July 26, 2017 of the Minister of Industry and Trade on providing procedures for technical inspection of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements under the management of the Ministry of Industry and Trade.

Accordingly, irregular inspection of explosion-proof generator shall be carried out in the following cases: After repairing, innovating, improving or changing position affecting the safety structure of explosion proof lightning equipment; the explosion

 

proof lightning equipment does not operate for 12 months or longer; up on request of competent authority. As in previous regulations, irregular inspection shall only be carried out if major repairs were made to the explosion proof structures and electrical circuits on which the explosion prevention features were dependent.

Besides, the Ministry of Industry and Trade also supplements the inspection of connection and connection elements of the device in Step 3: Checking by equipment and devices when carrying out inspection. On the other hand, the Ministry also stipulates steps of irregular inspection. To be specific: For the case of repairing, upgrading or renovating, the dossier of designing, a testing record after repairing or renovating shall be inspected; for the case of changing installation location, the dossier of installation and the actual equipment installation shall be inspected.

This Circular takes effect on August 02, 2020.

Ü  IMMIGRATION

VISA EXEMPTION POLICY FOR FOREIGNERS ON ENTRY INTO PHU QUOC ECONOMIC ZONE

The Government issues the Resolution No. 80/NQ-CP regarding visa exemption policy for foreigners on entry into Phu Quoc Economic Zone, Kien Giang Province on May 25, 2020.

Accordingly, to apply the visa exemption policy for foreigners who enter Phu Quoc Economic Zone, Kien Giang province

 

as prescribed in Clause 7, Article 1 of the Law on amending and supplementing a number of articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam dated November 25, 2019.

This Resolution takes effect on the signing date.

 

 

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