Legal Document Updates in English (25/2015)

FROM APRIL 01, EXEMPT IMPORT TAXES
OF MANY COMMODITIES FROM JAPAN
 

On February 14, 2015, the Ministry of Finance issued the Circular No. 24/2015/TT-BTC promulgating Vietnam’s Special Preferential Import Tariff to implement the ASEAN-Japan Comprehensive Economic Partnership Agreement during 2015-2019.

Accordingly, applicable from April 1, 2015, through March 31, 2016, to apply the import tax rate of 0% for many commodities. However, to be eligible for AJCEP duty rates, imports must be specified in the Special Preferential Import Tariff; imported from the member states of the ASEAN-Japan Comprehensive Economic Partnership Agreement, including Brunei Darussalam; the Kingdom of Cambodia; the Republic of Indonesia; The Lao People’s Democratic

EXEMPTION FROM NATIONAL OCCUPATIONAL SKILLS ASSESSMENT
FOR WINNERS AT A NATIONAL VOCATIONAL SKILLS COMPETITION
 

A person who has won the first, second or third prize at a national vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 2 in the occupation in which he/she has won the prize is the content prescribed at the Decree No. 31/2015/ND-CP dated March 24, 2015 of the Government detailing a number of articles of the Law on Employment regarding assessment and grant of certificates of national occupational skills.

Similarly, a person who has won a medal at a world vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 3 in the occupation in which he/she has won the medal. A person who wins a medal at an ASEAN vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 2 in the occupation in which he/she has won the medal. If this person participates in the assessment and grant of certificates of national occupational skills of level 3 in the occupation in which he/she has won the medal, he/she is entitled to exemption from the exam of practice skills and observance of the occupational safety and hygiene process.

Other important contents are the conditions for participation in assessment and grant of certificates of national occupational skills. Accordingly, all employees may participate in the assessment and grant of certificates of national occupational skills of level 1 of an occupation and to participate in the assessment and grant of certificates of national occupational skills of level 2 of an occupation, an

ALLOWED TO SUBMIT THE COPIES ON GRANTING FOR ESTABLISHING BANKS
 

This is the new content prescribed at the Circular No. 08/2015/TT-NHNN dated June 30, 2015 of the State Bank of Vietnam amending, supplementing a number of Articles of the Circular No. 40/2011/TT-NHNN dated December 15, 2011 of the State Governor of Vietnam regulating on licensing and organizations, operations of commercial banks, foreign bank branches, representative offices of foreign credit institutions and other foreign organizations with banking operations in Vietnam.

Accordingly, instead of submitting the certified documents by authorized agencies in the dossier for granting the permits for establishment and operation of commercial banks; from August 13, 2015, if copies are not copies that are not authenticated, the original ones must be shown for contrast, the person who contrasts must sign in the copies and take responsible for the accuracy of the coppices.

Besides, the Circular also supplement regulations on issuing and replacing the License and granting permits for

GUIDING THE METHODS FOR DEFINING CUSTOMS VALUE
OF EXPORTED AND IMPORTED GOODS
 

On March 25, 2015, the Ministry of Finance issued the Circular No. 39/2015/TT-BTC prescribing customs value of exported and imported goods. According to this Circular, The customs value is the selling price of goods at the border gate of exportation exclusive of international insurance cost (I) and international freight cost (F), and determined according to the selling price written in the purchase and sale contract or other forms that have legal validity equivalent to such contract, commercial invoices and documents relevant to the actually exported goods.

 If the customs value cannot be determined according to Point a of this Clause, the customs value is the value of identical or similar exported goods contained in the value database at the time nearest to the date on which the export declaration of the goods under customs valuation is registered, converted to the selling price at the border gate of exportation. If more than one customs value of identical or similar exported goods are determined, the lowest one shall be used

NOT REQUIRED TO BE IMPLEMENT THE INSPECTION CONCLUSIONS
PENDING INSTRUCTIONS
 

On March 27, 2014, the Government issued the Decree No. 33/2015/ND-CP prescribing the implementation of inspection conclusions, within that, the inspection conclusions shall be strictly abided by inspected subjects and related agencies, organizations and individuals, the implementation of inspection conclusions shall be supervised, urged and examined by competent state agencies and persons. Particularly, contents being currently re-inspected or those of inspection conclusions pending instructions for handling from competent persons are not required to be implemented yet.

Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall promulgate a document guiding the implementation of the inspection conclusion in the case that the inspection conclusion has contents requiring directions for implementation; the inspection conclusion has contents involving foreign elements; propositions in the inspection conclusion conform with law but are lawfully unenforceable;