Legal Document Updates in English (25/2016)

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NUMBER

TITLE

 

In This Updates:

TAX - FEE - CHARGE

 

TAX - FEE - CHARGE

1

41/NQ-CP

Resolution No. 41/NQ-CP dated May 26, 2016 of the Government on tax incentives for developing and applying information technology in Vietnam

 

* To reduce PIT of individuals working in the information technology industry by 50%

Page 2

LABOR – SALARY

 

LABOR - SALARY

2

53/2016/ND-CP

Decree No. 53/2016/ND-CP dated June 13, 2016 of the Government regulating on management of employees, salaries, remunerations and bonuses by joint-stock companies with State controlling stakes

 

* Salaries for employees by joint-stock companies with State controlling stakes

Page 2

3

52/2016/ND-CP

Decree No. 52/2016/ND-CP dated June 13, 2016 of the Government on providing for salary, remuneration and bonus payment to managers of single-member limited liability companies of which charter capital is wholly owned by the State

 

* Providing for salary payment to managers in State companies

Page 3

4

51/2016/ND-CP

Decree No. 51/2016/ND-CP dated June 13, 2016 of the Government on management of employees, salaries, bonuses of employees in single-member limited liability companies of which charter capital is wholly owned by the State

 

* Management of employees in State-owned one-member limited liability company

Page 3

AGRICULTURE – FOREST

 

AGRICULTURE - FOREST

5

08/2016/TT-BNNPTNT


Circular No. 08/2016/TT-BNNPTNT dated June 01, 2016 of the Ministry of Agriculture and Rural development on food safety supervision of agro-aqua-forestry products

 

 

* Food safety supervision with meat, vegetables, fruits sold at market

Page 3

 

 

SUMMARY:

 

Ü  TAX - FEE - CHARGE


TO REDUCE PIT OF INDIVIDUALS WORKING IN
THE INFORMATION TECHNOLOGY INDUSTRY BY 50%
 

This is one of the most important solutions on tax incentives for developing and applying information technology in Vietnam issued with the Resolution No. 41/NQ-CP dated May 26, 2016 of the Government.

In particular, beside the policy that personal income tax on salary-based and wage-based incomes of individuals working in hi-tech sections of the information technology industry is reduced by 50%. Such individuals are of high caliber and possess qualifications required for research, development and application of advanced technologies and services, for administration of high-tech activities, for operation of equipment and production lines manufacturing hi-tech goods in the industry of information technology, and for management of information system security. The Government also supplement that leveraged earnings for enterprises from the following types of projects: Production of digital contents, software servicing, manufacture of major information technology products, rectification of information safety issues, information safety security; such fields are granted with corporate income tax incentives similar to that

.

 

of software production projects as per the Law on Enterprise income tax.

Besides, . Addition of information technology operations particularly spurred: Production and servicing of software; information technology design and consulting services; system integration; information technology system management and maintenance services (e.g. applications, network, devices); information technology outsourcing; information system securing services without civil cryptography; database extracting and processing services; online information searching; data centers' services; BPO and KPO services for export activities; digital signature verification are added to the List of operations of science research and technology development, the List of advanced technologies prioritized for investment and development and the List of hi-tech goods encouraged for development…In particular, the duration of eligibility for 10% tax shall be prolonged for another 15 years for new investment projects in information technology industries particularly spurred as per Article 1 of this Part, which maintain a regular workforce of over 1,000 workers

Ü LABOR - SALARY


SALARIES FOR EMPLOYEES BY JOINT-STOCK COMPANIES
WITH STATE CONTROLLING STAKES
 

In accordance with the Decree No. 53/2016/ND-CP dated June 13, 2016 of the Government regulating on management of employees, salaries, remunerations and bonuses by joint-stock companies with State controlling stakes. Employee salaries are according to payroll budget and the reality, every company shall determine the piece rate for production/business operation and salary advance. The realized payroll is determined according to the payroll budget and the fulfillment of business/production targets.

The realized payroll for full-time managers is determined according to the payroll budget and other criteria, and the fulfillment of profit targets. If the actual profit overshoots the profit target, the full-time manager salary shall be added 2% for every 1% profit growth rate but not exceeding 20% of the budgeted average pay rate. The salary budget of part-time managers is determined according to the number of such managers and their actual working time; and their

 

 

maximum salary shall not exceed 20% that of full-time managers.

According to the annual profit after deduction from financial obligations to the State and capital contributors, every company shall award bonuses and welfares to employees and managers.  The budget for employee awards or welfares shall not exceed 03-month realized payroll in case the actual profit reaches the profit target. In case the actual profit overshoots the profit target, the budget for awards and welfare is added 20% of the excessive of actual profit but not exceeding 03-month realized payroll. The award budget for manager shall not exceed one- and-a-half-month realized payroll in case the actual profit reaches the profit target. In case of failure to reach the profit target, the bonus shall not exceed one-month realized payroll.

This Decree takes effect on August 01, 2016.


PROVIDING FOR SALARY PAYMENT TO MANAGERS IN STATE COMPANIES
 

On June 13, 2016, the Decree No. 52/2016/ND-CP issued by the Government providing for salary, remuneration and bonus payment to managers of single-member limited liability companies of which charter capital is wholly owned by the State.

Accordingly, for economic corporation, the pay factors of full-time President of the Board of Members or full-time company President is 8.80 – 9.10; Director General or Director is 8.50 – 8.80, Head of the Control Board is 8.10 – 8.40, Full-time member of the Board of Members, full-time comptroller, Vice Director General or Vice Director is 7.90 – 8.20, Chief Accountant is 7.60 – 7.90…For  specially-ranked incorporation, the pay factor of full-time President of the Board of Members or full-time company President is 8.20 – 8.50, Director General or Director is 7.85 – 8.20, Head of the Control Board is 7.53 – 7.83, Full-time member of the Board of Members, full-time comptroller, Vice Director General or Vice Director is 7.33 – 7.66, Chief Accountant is 7.00 – 7.33….

 

Remunerations awarded to part-time company managers working in other companies shall be calculated in relation to work duties and working hours and do not exceed 20% of salary amount paid to full-time company managers. With regard to company managers that may be appointed as representatives for contributed capital in many other companies or enterprises, remunerations paid by these companies or enterprises shall be remitted to their designating companies to decide payment of these remunerations in proportion to their performance, but restricted to a maximum of 50% of the actual amount of salaries paid by these designating companies…

This Decree takes effect on August 01, 2016; policies on salaries, remunerations and bonuses referred to in this Decree takes effect on January 1, 2016.


MANAGEMENT OF EMPLOYEES IN
STATE-OWNED ONE-MEMBER LIMITED LIABILITY COMPANY
 

Takes effect on August 01, 2016, Decree No. 51/2016/ND-CP of the Government on management of employees, salaries, bonuses of employees in single-member limited liability companies of which charter capital is wholly owned by the State, includes: Parent companies of State-owned economic corporations or State-owned general companies or parent companies belonging to the group of parent-subsidiary companies; Independent single-member limited companies wholly owned by the State.

In accordance with this Decree, single-member limited liability companies of which charter capital is wholly owned by the State shall prepare an annual employment plan as the basis for recruitment and allocation of employees; in normal operational conditions, the average number of employees in the annual employment plan shall not exceed 5% of the actual employees of the immediately preceding year.

 

 

In case the number of recruited employees exceeds that in the employment plan or is inconsistent with the employment plan causing downsizing due to lack of work, the Director General and Director or the Board of Members or President shall take responsibilities and shall not be awarded any bonus or pay raise or even have their salary cut. This is considered as one of criteria for management performance assessment under the Government’s Decree No. 97/2015/ND-CP dated October 19, 2015.

Also in this Decree, every company shall set aside a reserve fund for the salary budget of the following year according to their realized payroll. The reserve fund shall not exceed 17% of the realized payroll. For seasonal companies, the reserve budget shall not exceed 20% of the realized payroll.

Ü AGRICULTURE - FOREST


FOOD SAFETY SUPERVISION WITH MEAT, VEGETABLES, FRUITS SOLD AT MARKET
 

On June 01, 2016, the Ministry of Agriculture and Rural development issued Circular No. 08/2016/TT-BNNPTNT on food safety supervision of agro-aqua-forestry products including: Cereals; Meat, products made of meat; Fisheries and fishery products; Vegetables, fruits and their products; Eggs and egg products; Honey; Salt; Spices; Sugar; Tea; Coffee… sold at wholesale markets, agro-aqua-forestry markets and bulk purchasing and distributing facilities and other facilities trading agro-qua-forestry products.

Within that, products and criteria of food safety supervision shall be determined according to consumers’ reflection, warning of food safety authorities or competent authorities of importing countries; according to previous food safety inspection or supervision; requirement of the Ministry of Agriculture and Rural development and Departments of

 

Agriculture and Rural development or it is a cause of mass food poisoning.

After the testing result is announced, every supervising authority shall send a written notice of testing results and request the business facility having unsafe products to trace such unsafe product origin and recall all unsafe products, investigate causes of failure of safety and apply remedial measures for mitigating consequences and report them to the supervising authority. In case the business facility delays to submit their report on investigation and mitigation of unsafe product consequences, supervising authority shall submit a written request for handling of violations against the Law on Inspection to specialized inspecting authorities.

This Circular takes effect on July 15, 2016.

 

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