Legal Document Updates in English (26/2019)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

 

57/2019/ND-CP

Decree No. 57/2019/ND-CP dated June 26, 2019 of the Government on preferential export tariff schedule and special preferential import tariff schedule under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership in the 2019 – 2022 period

 

Import tax exemption for products from 06 countries member of CPTPP Agreement

Page 2

LAND – HOUSING

 

LAND – HOUSING

2

62/2019/ND-CP

Decree No. 62/2019/ND-CP dated July 11, 2019 of the Government on amending and supplementing a number of articles of Decree No.35/2015/ND-CP dated April 13, 2015 of the Government on management and use of land for rice cultivation

 

Localities are allowed to use more than 50% of funds to support rice growers

Page 2

3

82/2019/QH14

Resolution No. 82/2019/QH14 dated June 14, 2019 of the National Assembly on continuing to improve effectiveness of the implementation of policies and law provisions on planning, management and use of land in urban areas

 

By 2030, strive to complete the databases of land in urban areas

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

4

08/2019/TT-NHNN

Circular No. 08/2019/TT-NHNN dated July 04, 2010 of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular No. 03/2015/TT-NHNN dated March 20, 2015 of the Governor of the State Bank of Vietnam guiding a number of Decree No. 26/2014/ND-CP dated April 07, 2014 of the Government on organization and activities of Banking Inspection and Supervisory

 

Banking inspector must have at least 01 inspection

Page 3

EXPORT – IMPORT

 

EXPORT - IMPORT

5

25/2019/TT-BGTVT

Circular No. 25/2019/TT -BGTVT dated July 05, 2019 on inspection of quality, technical safety and environmental protection in automobile assembly and production

 

Enterprise must bear all costs related to defective automobile recall

Page 3

COMMERCE

 

COMMERCE

6

05/2019/TT- BTTTT

Circular No. 05/2019/TT- BTTTT dated July 09, 2019 of the Ministry of Information And Communications on prescribing the list of potentially unsafe products and goods under the management by the Ministry of Information and Communications

 

03 communications and information technology commodities subject to certification and declaration of conformity

Page 3

POLICY

 

POLICY

7

681/QD-TTg

Decision No. 681/QD-TTg dated June 04, 2019 of the Prime Minister on promulgating the Roadmap for implementation of objectives for sustainable development of Vietnam forward 2030

 

By 2020, to eliminate the extreme poverty all over the country

Page 4

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


IMPORT TAX EXEMPTION FOR PRODUCTS FROM 06 COUNTRIES MEMBER
OF CPTPP AGREEMENT
 

The Government promulgates the Decree No. 57/2019/ND-CP on preferential export tariff schedule and special preferential import tariff schedule under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership in the 2019 – 2022 period on June 26, 2019.

Accordingly, imported products shall be imposed preferential export duty rates if they come from countries member of the CPTPP Agreement, includes: Australia; Canada; Japan; United Mexican States; New Zealand; Republic of Singapore.

To be specific, the following product shall be imposed a tax off 0%: Living animal (Code 01.01) includes thoroughbred stallions, donkeys, mules for breeding and others; Living cattle (Code 01.02) includes cattle, thoroughbred buffalo for

 

breeding and others; thoroughbred sheep and goats for breeding and other types (Code 01.04); ); Raw poultry, including Gallus Domesticus chickens, ducks, geese, turkeys and pheasants (Code 01.05); Other animals (Code 01.06) includes mammal, birds and insects…

In addition, for used cars of the categories 87.02, 87.03, 87.04 imported in tariff quotas for the implementation of the CPTPP Agreement, particularly preferential import tariffs are a mixture of: The tax rate (%) and the absolute tax rate of used cars prescribed in the List of goods and special preferential import tax at the time of registration of customs declarations.

This Decree takes effect on June 26, 2019.

Ü  LAND – HOUSING   


LOCALITIES ARE ALLOWED TO USE MORE THAN 50% OF FUNDS
TO SUPPORT RICE GROWERS
 

The Government issues the Decree No. 62/2019/ND-CP on amending and supplementing a number of articles of Decree No.35/2015/ND-CP dated April 13, 2015 of the Government on management and use of land for rice cultivation on July 11, 2019, which takes effect on September 01, 2019.

Accordingly, People's Committees at all levels shall use funds contributed by the persons who are allocated land or leased land by the Government transferring land use purposes from wet rice cultivation to non-agricultural purposes and funding sources prescribed in Clause 2 of Article 7 of this Decree to implement the protection and development of land for rice cultivation. Depending on specific conditions, the localities shall decide on activities as follows:

 

- To use at least 50% of the funds to support rice growers shall be used for the application of new varieties, technical advances, new technologies in rice production as well as promote connectivity between rice production and consumption of produce;

- The remaining funds shall be used for activities such as: Analyzing the chemical and physical quality of high-yield and high-quality wet rice fields periodically every 10 years for efficient use and appropriate restoration measures; Improving the quality of specialized land for wet rice cultivation or other remaining paddy land: Increase the thickness of the cultivation layer; elevate lower surface of rice cultivation land…


BY 2030, STRIVE TO COMPLETE THE DATABASES OF LAND IN URBAN AREAS
 

On June 14, 2019, the National Assembly promulgates the Resolution No. 82/2019/QH14 on continuing to improve effectiveness of the implementation of policies and law provisions on planning, management and use of land in urban areas.

Accordingly, the main tasks and solutions in the next time are to review and evaluate the implementation and submit to the National Assembly for amendments and supplements to the 2013 Law on Land and law provisions related to planning, management and use of land in urban areas.

 

Besides, the Government shall have to review and evaluate the implementation and submit to the National Assembly for amendments and supplements to the 2013 Law on Land; research to clarify and issue specific provisions on land use for multi-purpose constructions. Strive to complete databases of land in urban areas under the national database system and brought into use before 2030 in general and before 2025 for major cities and urban centers.

In addition, this Resolution also regulates a number of tasks and solutions for the State Audit, the People’s Supreme Court and the People’s Supreme Procuracy.

Ü FINANCE – BANKING


BANKING INSPECTOR MUST HAVE AT LEAST 01 INSPECTION
 

On July 04, 2019, the State Bank of Vietnam issues the Circular No. 08/2019/TT-NHNN on amending and supplementing a number of Articles of the Circular No. 03/2015/TT-NHNN dated March 20, 2015 of the Governor of the State Bank of Vietnam guiding a number of Decree No. 26/2014/ND-CP dated April 07, 2014 of the Government on organization and activities of Banking Inspection and Supervisory.

Accordingly, banking inspectors must attend at least 02 investigations or at least 01 investigation (if the Head of investigation delegation) and evaluated to complete all

 

 

responsibilities and tasks by the head of investigation delegation (this standard is applicable to the main inspectors and inspectors.

Besides, the Circular also annuls regulations on the relationship between the Department of Banking Inspection and Supervisory with the State Bank of Vietnam in the region at the Circular No. 03/2015/TT-NHNN and amend some regulations such as: regime of information and report; inspection allocation for banking inspection and supervisory…

This Circular takes effect on August 19, 2019.

Ü  EXPORT – IMPORT


ENTERPRISE MUST BEAR ALL COSTS RELATED TO DEFECTIVE AUTOMOBILE RECALL
 

The Ministry of Transport issues the Circular No. 25/2019/TT-BGTVT on inspection of quality, technical safety and environmental protection in automobile assembly and production on July 5, 2019, which takes effect on August 25, 2019.

Accordingly, enterprises must recall defective products manufactured or assembled by themselves in cases products violate current regulations, standards and technical regulations mandatorily applicable to such products or products do not cause loss of life and property but can be dangerous in certain conditions during use. For defective products not subject to recall as mentioned above, the production establishment actively performs the correction of product errors.

 

In case of discovering that, products provided to the market are defective and subject to recall, the enterprise must suspension of ex-warehouse of defective products. In addition, enterprise must publicize the recall plan on mass media and bear all costs related to product recall.

This Circular also regulates that within 05 working days from the date of detection of defective products, the enterprise must notify in writing the sales agents, requesting the suspension of the provision of defective products to the market. After no more than 30 days from the end of the recall, the enterprise must report in writing on the summarization results to Quality Management Agency.

Ü  COMMERCE


03 COMMUNICATIONS AND INFORMATION TECHNOLOGY COMMODITIES
SUBJECT TO CERTIFICATION AND DECLARATION OF CONFORMITY
 

On July 09, 2019, the Ministry Of Information And Communications issues the Circular No. 05/2019/TT- BTTTT on prescribing the list of potentially unsafe products and goods under the management by the Ministry of Information and Communications.

Accordingly, this Circular promulgates the List of 03 communications and information technology commodities subject to certification and declaration of conformity:

- Radio telecommunications terminal equipment, includes: cordless telephone equipment (DECT subscription); land mobile communication terminal equipment…

 

 

- Radio transceivers with a frequency band between 9 kHz and 400 GHz and capacity of 60 mW or more, includes: radio transceivers used in terrestrial mobile and fixed communications services; radio transceivers used for television broadcast…

- Short-range radio transmitters and receivers, includes: radio transmitters and receivers of short-range radios used for general purposes; radio equipment operating in the 5 GHz band and using spread spectrum modulation techniques with equivalent isotropically radiated power from 60 mW…

This Circular takes effect on September 01, 2019.

 

Ü  POLICY


BY 2020, TO ELIMINATE THE EXTREME POVERTY ALL OVER THE COUNTRY
 

On June 04, 2019, the Prime Minister issues the Decision No. 681/QD-TTg on promulgating the Roadmap for implementation of objectives for sustainable development of Vietnam forward 2030.

Accordingly, the Roadmap includes 17 objectives and specific schedule to implement them. Remarkable objective among them such as:

- By 2020, to eliminate the extreme poverty all over the country, using the poverty standard for under USD 1.25 purchasing power parity per day (price of 2005); by 2030, decrease at least a half of the poverty rate as national criteria of multidimensional poverty;

 

- By 2030, reduce the maternal mortality ratio to under 45/100,000 delivery cases; reduce the under-1 year old mortality ratio to under 10/1000 delivery cases and reduce the under-5 year old mortality ratio to under 15/1000 delivery cases;

- By 2030, the number of ATM per 100,000 over 15 year-old people reaches 40; Rate of time doing unpaid house works and family caring shall be 1.3 times more in women compare to men; Rate of enterprise having at least once in the past 12 months contacted and be suggested to give bribes by public officials downs to under 10%...

This Decision takes effect on the signing date.

 

 

 

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