Legal Document Updates in English (26/2018)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

829/QD-TCT

Decision No. 829/QD-TCT dated April 16, 2018 of the General Department of Taxation on promulgating procedure for sale and issue of separate invoices

 

Procedure for sale separate invoices to household businesses

Page 2

LABOR - SALARY

 

LABOR – SALARY

2

08/2018/TT-BNV

Circular No. 08/2018/TT-BNV dated June 28, 2018 of the Ministry of Home Affairs on guiding the adjustment of monthly allowances from July 1, 2018, for commune cadres who retired under the Government Council’s Decision No. 130-CP of June 20, 1975, and the Ministers’ Council’s Decision No. 111-HDBT of October 13, 1981

 

To adjust monthly allowances for retired commune cadres

Page 2

MEDICAL - HEALTH

 

MEDICAL - HEALTH

3

04/2018/TT-BYT

Circular No. 04/2018/TT-BYT dated February 09, 2018 of the Ministry of Health on good laboratory practice

 

To not allow to work alone in the laboratory

Page 3

4

03/2018/TT-BYT

Circular No. 03/2018/TT-BYT dated February 09, 2018 of the Ministry of Health on good distribution practices for pharmaceutical products and pharmaceutical starting materials

 

Inspection of compliance degree with GDP principles in 03 degrees

Page 3

SECURITIES

 

SECURITIES

5

23/2018/TT-BTC

Circular No. 23/2018/TT-BTC dated March 12, 2018 of the Ministry of Finance on accounting for covered warrants of securities companies being issuers

 

Securities companies must note to financial statements

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

6

61/2018/ND-CP

Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures

 

From June 21, single-window sections must install cameras

Page 4

INDUSTRY

 

INDUSTRY

7

87/2018/ND-CP

Decree No. 87/2018/ND-CP dated June 15, 2018 of the Government on gas business

 

3 conditions for gas traders

Page 4

SUMMARY:

Ü TAX – FEE – CHARGE


PROCEDURE FOR SALE SEPARATE INVOICES
TO HOUSEHOLD BUSINESSES

Procedure for sale and issue of separate invoices is promulgated by the General Department of Taxation on the Decision No. 829/QD-TCT dated April 16, 2018, with the purpose of management consistently in the whole sector, contributing reform of tax administrative procedure, facilitates the tax payment.

Procedure for sale of separate invoices to household businesses and self-employed individuals at Sub-department of taxation is prescribed as follow:

Step 1: Sub-division of Reception and Result Return of Sub-department of taxation shall receive and verify the application of household business/self-employed individual; guide the household business/self-employed individual to declare and determine taxes and fees (if any) payable as prescribed.

Each tax officer may not declare or sign the application for purchase of invoices on behalf of the household business/self-employed individual.

Step 2: Upon receipt of complete application, affix the receipt acknowledgement stamp to the application; record it in the Application Management software as soon as possible in case of complete applications.

 

Step 3: Prepare a request for sale of separate invoices and submit it to the head of Sub-department of Taxation for approval on the same working day.

Step 4: Guide household business/self-employed individual to prepare physical or electronic tax payment receipt and pay taxes to State Treasury.

Step 5: Compare physical tax payment receipt to the request for sale of separate invoices to ensure that category of tax and amount of tax payable is matched

Step 6: Within the working day or no later than early subsequent working day, the tax officer shall forward the following to the Sub-division of Printed Papers: All documents enclosed with photocopy of tax form, photocopy of request for sale of separate invoices and physical tax payment receipt of the household business/self-employed individual.

The Sub-division of Printed Papers affiliated to Sub-department of Taxation shall receive documents and sell separate invoices to the household business/self-employed individual as soon as practicable after receiving the required documents and collect no fee for sale of separate invoices.

This Decision takes effect on the signing date.

Ü LABOR - SALARY


TO ADJUST MONTHLY ALLOWANCES
FOR RETIRED COMMUNE CADRES

According to the Circular No. 08/2018/TT-BNV of the Ministry of Home Affairs, from July 01, 2018, adjusting the monthly allowances for retired commune cadres.

Specifically, monthly allowance applicable from July 1, 2018 of retired commune, ward and township cadres equal the allowance applicable in June 2018 multiply 1.0692.

Therefore, the monthly allowances applicable from July 01, 2018, of retiring senile commune cadres shall be determined as follows:

- For cadres who were secretaries of commune-level Party Committees or chairpersons of commune-level People’s Committees: VND 1,974,000/month.

 

- For cadres who were deputy secretaries, vice-chairpersons or standing members of commune-level Party Committees, secretariats of commune-level People’s Committees, secretaries of commune-level People’s Councils, heads of commune-level military units, or heads of commune-level public security offices: VND 1,910,000/month.

- For persons who held other titles: VND 1,768,000/month.

This Circular is issued on June 28, 2018; takes effect on August 15, 2018.

Ü MEDICAL - HEALTH 


TO NOT ALLOW TO WORK ALONE IN THE LABORATORY

On February 09, 2018, the Ministry of Health issues the Circular No. 04/2018/TT-BYT on good laboratory practice, takes effect on March 26, 2018.

Within that, there are 11 requirements about safety in laboratory, include:

- Safety data sheets should be available to staff before testing is carried out;

- Staff should be aware of the need to avoid working alone in the laboratory;

- Smoking, eating and drinking in the laboratory should be prohibited;

- Staff should be familiar with the use of fire-fighting equipment, including fire extinguishers, fire blankets and gas masks;

- Staff should wear laboratory coats or other protective clothing, including eye protection;
 

- Special care should be taken, as appropriate, in handling, for example, highly potent, infectious or volatile substances;

- Highly toxic and/or genotoxic samples should be handled in a specially designed facility to avoid the risk of contamination;

- All containers of chemicals should be fully labeled and include prominent warnings (e.g. “poison”, “flammable”, “radioactive”) whenever appropriate;

- Adequate insulation and spark-proofing should be provided for electrical wiring and equipment, including refrigerators;

- Rules on safe handling of cylinders of compressed gases should be observed and staff should be familiar with the relevant color identification codes;

- First-aid materials should be provided and staff instructed in first-aid techniques, emergency care and the use of antidotes.


INSPECTION OF COMPLIANCE DEGREE
WITH GDP PRINCIPLES IN 03 DEGREES

In accordance with the Circular No. 03/2018/TT-BYT of the Ministry of Health dated February 09, 2018 on good distribution practices for pharmaceutical products and pharmaceutical starting materials:

The degree of compliance of a distributor with GDP principles shall be assessed and includes GDP degree 1 distributor; GDP degree 2 distributor and GDP degree 3 distributor.

Within 05 days from the date of issuing the certificate of eligibility for pharmacy business or the certificate of GDP compliance, the Department of Health shall publish the following information on the website of the Department of Health: name and address of the distributor; full name of the pharmacist, pharmacy practice certificate number;

 

number of the certificate of eligibility for pharmacy business and certificate of GDP compliance (if any); expiry date of the inspection of compliance with GDP principles…

A periodic inspection of maintenance of compliance with GDP principles at a distributor shall be carried out every 03 years from the end of the previous inspection. According to the periodic inspection plan published by the Department of Health, the distributor shall submit an application for the periodic inspection prescribed in Clause 7 of this Article to the Department of Health at least 30 days before the date of carrying out the inspection according to the published plan.

This Circular takes effect on March 26, 2018.

Ü  SECURITIES


SECURITIES COMPANIES MUST NOTE
TO FINANCIAL STATEMENTS

On March 12, 2018, the Ministry of Finance issues the Circular No. 23/2018/TT-BTC on accounting for covered warrants of securities companies being issuers.

Accordingly, each securities company must provide the following additional notes: Profit (loss) from reassessment of warrants of the issuer; Profit (loss) from reassessment of underlying assets for hedging warrant risks of the issuer; Total amount of margins provided for securing payment obligations at depository banks of the issuer; Total amount of margins additionally provided for hedging due to the difference between the theoretical and actual risk hedging

 

positions; Total number of securities used for hedging; Total number of warrants to be issued; Total number of outstanding warrants.

There are some accounts used to record transactions in covered warrants, including: Account 329 – Payable warrants; Sub-accounts of account 112 - Bank deposits are opened to monitor sums for securing payment obligations at a depository bank before the offering of warrants, sums deposited in escrow account; Account 018 – Warrants.

This Circular takes effect on April 27, 2018.

Ü   ADMINISTRATIVE


FROM JUNE 21, SINGLE-WINDOW SECTIONS
MUST INSTALL CAMERAS

The implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures is prescribed at the Decree No. 61/2018/ND-CP dated April 23, 2018 by the Government, takes effect on June 21, 2018.

Accordingly, at single-window sections, must install cameras to monitor all working areas of single-window sections which are connected with superior state agencies and other sections in the entire system; to arrange spaces for installation of equipment: queue number machines and touch screens for search of information on and results of performance of administrative procedures; to furnish sufficient seats…

This Decree also has provisions on prohibited acts for in the performance of administrative procedures under the single-window and inter-agency single-window mechanism. Specifically, not to obstruct organizations and individuals in

 

selecting methods of dossier submission, receipt and notification of results of performance of administrative procedures as prescribed by law; refuse to implement or prolonging the time for performance of, administrative procedures, or arbitrarily requesting addition of documents and papers in contravention of law; shirking responsibility, being uncooperative, unfair or subjective or acting unlawfully in the process of performing administrative procedures…

Concurrently, organizations and individuals wishing to have administrative procedures performed are prohibited from: Employing other tricks to deceive or bribe cadres, civil servants and public employees performing administrative procedures; Making untruthful or groundless slanders, reports, complaints or denunciations or impersonating other persons to make untruthful or groundless denunciations against, or doing so while being unable to prove…

Ü   INDUSTRY


3 CONDITIONS FOR GAS TRADERS

According to the Decree No. 87/2018/ND-CP on gas business, every gas seller and purchaser must fully meet these following requirements:

- Be a trader in accordance with provisions of laws;

- Own gas tanks meeting safety requirements or liquefied petroleum gas (hereinafter referred to as LPG) bottles eligible for circulation on the market or enter into a contract of tank or LPG bottle lease;

- Satisfy all requirements for fire preventing and fire extinguishing in accordance with provisions of laws.
 

Gas sellers and purchasers using gas pipelines must not only meet 03 above requirements but also own gas pipelines and gas distribution stations which satisfy all conditions of safety, fire preventing and fire extinguishing.

With regards to liquefied natural gas (hereinafter referred to as LNG) sellers and purchasers, must not only meet 03 above requirements but also own a LNG distribution station or LNG filling station which satisfies all requirements for safety, fire preventing and fire extinguishing.

This Decree is issued on June 15, 2018 by the Government and takes effect on August 01, 2018.

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