Legal Document Updates in English (27/2013)

LAND RENT EXEMPTION AND REDUCTION FOR ENTERPRISES COMPRISING
ETHNIC MINORITY EMPLOYEES
 

This is the content of the Circular No. 52/2013/TT-BTC dated May 03, 2013 guiding the support for organizations and units employing ethnic minority people in mountainous regions and specially disadvantaged areas according to the Prime Minister’s Decision No. 42/2012/QD-TTg of October 8, 2012.

Accordingly, state-owned one-member agriculture, forestry and fisheries limited liability companies; special-use forest management boards and protection forest management boards; cooperatives and non-state enterprises including foreign-invested ones with between 30% and under 50% of ethnic minority employees of the total number of their regular employees may enjoy 50% reduction in land rent in the year for the units’ leased land areas under the land law and with over 50% of ethnic minority employees of the total number of their regular employees may enjoy exemption from land rent in the year for the units’ leased land areas under the land law.

TO ANNOUNCE 31 TAX ADMINISTRATIVE PROCEDURES
 

On April 05, 2013, the Ministry of Finance signed the Decision No. 693/QD-BTC on announcing the tax administrative procedures within management scope and function of the Ministry of Finance.

At this Decision, the Ministry of Finance announces 43 tax administrative procedures within state management scope and function of the Ministry of Finance including 31 new administrative procedures; 10 administrative procedures amending and supplementing, replacing administrative procedures already announced  and annul 02 administrative procedures. Within that there are some dominant contents such as declaring the resource tax provisionally counted for crude oil; declaring the resource tax finalization for crude oil; declaring the special tax for crude oil and declaring additional levies provisionally counted for interest oil according to each time of warehousing for sale applicable to Vietsopetro; Notifying on issuance of receipt for collection of charges, fees that are ordered for printing by agencies collecting charges and fees; report on using receipts for collection of charges, fees and so on.

07 LIGHT WORKS PERMITTED TO USE LABORERS UNDER 15 YEARS OLD
 

On June 11, 2013, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 11/2013/TT-BLDTBXH detailing the list of the light works permitted to use laborers under 15 years old to work.

Also in accordance with this Circular, list of works allowed using laborers under 15 years old to work includes arts and crafts: embroidery, art wood, make horn comb, weaving net, making Dong Ho paintings, molding toy figurine; wicker, making home appliances, fine art crafts from natural materials such as: rattan, bamboo, neohouzeaua, coconut, banana, water hyacinth; rearing silkworms; packing coconut candy; traditional jobs: drawing dots on ceramic, sawing clams, painting lacquer, making poonah paper, conical hat, making incense, drawing dots on hat, mat weaving, drum making, brocade weaving, making rice noodles, bean sprouts, making rice noodle (vermicelli). And only two works allowed using laborers under 13 years old to work such as actors and actresses: Dancer; singer; circus actors; movie actors; theater actors, traditional musical theatre actors,

04 CASES OF ENTERPRISE SHALL BE KEPT UNDER SPECIAL FINANCIAL SUPERVISION
 

On June 25, 2013, the Government issues the Decree No. 61/2013/ND-CP on the issuance of regulations on financial supervision and performance assessment of financial information activity and disclosure to state-owned enterprises and state-capitalized enterprises.

Accordingly, in order to assess the actual performance of enterprises; responsively help enterprises overcome their weaknesses, achieve business targets and provide public services, raise the business efficiency and competitiveness, when the annual financial statement is made or during financial supervision, an enterprise shall be kept under special supervision if its finance or business falls into the cases such as the business is at a loss; the ratio of debt to equity exceeds the safety limits; the loss makes up at least 30% of the equity, or the accrued loss makes up more than 50% of the equity; the coefficient of capacity for repaying due debts is smaller than 0.5 and the report does not reflect the actual finance of the enterprise.

PUBLIC DEBTS  MUST NOT EXCEED 65% OF GDP
 

On May 04, 2013, the Prime Minister signed the Decision No. 689/QD-TTg of May 4, 2013, approving the Program on management of medium-term debts during 2013-2015.

Accordingly, the Program has set the specific objectives during 2013-2015 such as to borrow domestic and foreign loans to offset state budget overspending while gradually reducing state budget overspending to below 4.5% of GDP by 2015, starting with 4.8% of GDP in 2013 and around 4.7% in 2014; public debts (including government debts, government-guaranteed debts and local administrations’ debts) must not exceed 65% of GDP by 2015, specifically, the government debit balance and national foreign debts each must not exceed 50% of GDP; the payable government debts (excluding amounts provided through on-lending) must not exceed 25% of the total annual state budget revenues and the payable annual national foreign debts must be below 25% of the export value of goods and

TIGHTENING CONDITIONS TO EXPORT COAL
 

On July 15, 2013, the Ministry of Industry and Trade issues the Circular No. 15/2013/TT-BCT regulating on the coal export.

Accordingly, Coal may be exported only if they fully satisfy the conditions such as seeing of lawful origin as stipulated under the Circular no. 14/2013/TT-BTC dated July 15, 2013 of the Ministry of Industry and Trade regulating on doing business in coal and having been processed and reaching quality standards  or other regulations (if any) based on the management of the Government on import- export in each period.

Beside above conditions, the Ministry of Industry and Trade shall strengthen the control on coal export at the customs agencies, upon carrying out procedures for coal export, in addition to complying with customs regulations, enterprises shall produce the documents such as card of sample analysis for certifying the quality

ONLY ALLOW TRANSFER OF OIL AND PETROLEUM TYPES
IN ACCORDANCE WITH THE CONTRACT
 

This is a requirement of the Ministry of Finance at the Circular No. 88/2013/TT-BTC promulgating the guidance for pilot custom procedures for the export and import activities of petrol and oil, materials for petrol and oil production; petrol and preparation and switch at Van Phong petroleum bonded warehouse.

Petrol and oil contained in Van Phong warehouse is only allowed to change kind for ex-warehousing from Van Phong to foreign countries at the request of goods owners as prescribed in purchase and sale contracts or service contracts of preparing kinds for export, specifying only change petrol and oil kinds in corresponding to quantity, kinds in conformity with each purchase and sale contract or service contract of preparing kind for export; and  the

3 TYPE OF ENTERPRISES HAVE PRIORITIES IN CUSTOMS
 

This is the content prescribed at the Circular No. 86/2013/TT-BTC of June 27, 2013, providing the application of the priority regime in the state management of customs to eligible businesses, including exemption from examination of customs dossiers and exemption from physical inspection of goods; in case customs offices’ data systems break down or suspends, a prioritized business may use a set of documents including commercial invoices, packing lists, goods delivery orders and tax returns affixed with the business’s seal and signed by its representative to carry out customs clearance procedures;  Eligible businesses are not required to register material consumption norms and submit liquidation reports with customs offices, provided that they have installed import and export management software meeting customs offices’ management and inspection requirements.

Accordingly, the Ministry of Finance points out that prioritized businesses are divided into three types,  businesses eligible for priorities in the import and export of

ONLY ENTERPRISES ALLOWED TO DO COAL BUSINESS
 

On July 15, 2013, the Ministry of Industry and Trade issued the Circular No. 14/2013/TT-BCT promulgating coal trading conditions.

At this Circular, there are some compulsory conditions for coal business, within that, only enterprises are allowed to do coal trading; enterprises doing coal trading must be established and operated in accordance with provisions in the Law on Enterprise, have the Business Registration Certificate including coal trading in the business lines and enterprises are only allowed to do business for coal with legal origins.
At the same time, enterprises doing coal trading must follow all conditions as follows depending on single business activities such as own or lease business places

SUPPLEMENT 03 SUBJECTS ENTITLED TO TUITION EXEMPTION
 

On July 15, 2013, the Government issues the Decree No. 74/2013/ND-CP amending and supplementing some articles the Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government on reduction and exemption of tuition fees, support for learning cost, collection and use of tuition applicable to educational institutions belonging to national education system from school year 2010 – 2011 to 2014 – 2015.

Accordingly, in order to encourage and create favorable conditions for pupils and students, the Government decides to supplement more 03 subjects entitled to tuition exemption, including: students who are major in Marxist-Leninist and Ho Chi Minh's Thought; students who are major in tuberculosis, psychiatry, forensic medicine, anatomy and pupils and students are ethnic minority people in the areas meeting with exceptional socio-economic difficulties; Children at preschool education institutions and high school students whose parents being poor households