Legal Document Updates in English (27/2020)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

635/QD-TCT

 

Decision No. 635/QD-TCT dated May 11, 2020 of the General Department of Taxation on promulgating regulations on the components containing electronic invoice data and methods of data transmission and reception with tax authorities

 

The numeric format data contains 19 numeric characters maximum

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

2

11/2020/TT-BYT

Circular No. 11/2020/TT-BYT dated June 19, 2020 of the Ministry of Health on promulgating the List of prohibited and restricted active ingredients in insecticidal and germicidal preparations for household and medical use

 

41 active ingredients prohibited from use in insecticidal and germicidal preparations

Page 2

BIDDING - COMPETITION

 

BIDDING - COMPETITION

3

05/2020/TT-BKHDT

Circular No. 05/2020/TT-BKHDT dated June 30, 2020 of the Ministry of Planning and Investment on amending and supplementing a number of articles of the Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on prescribing in detail the contractor selection via the National E-Public Procurement system

 

Expense for submitting an E-BD for competitive offer shall be VND 220,000

Page 2

POLICY

 

POLICY

4

 


115/2020/QH14

 

 

Resolution No. 115/2020/QH14 dated June 19, 2020 of the National Assembly on pilot implementation of a number of special financial-budgetary mechanisms and policies for Hanoi

 

To pilot special financial-budgetary mechanisms and policies for Hanoi from August 15, 2020

Page 3

5

 

26/NQ-CP

 

Resolution No. 26/NQ-CP dated March 05, 2020 of the Government promulgating the Government’s overall plan and 5-year plan to implement Resolution No. 36-NQ/TW of October 22, 2018, of the eighth plenum of the Party Central Committee, the XIIth Congress, on the Strategy on sustainable development of Vietnam’s marine economy through 2030, with a vision toward 2045

 

To promulgate Plan on sustainable development of Vietnam’s marine economy

Page 3

IMMIGRATION

 

IMMIGRATION

6

77/2020/ND-CP

Decree No. 77/2020/ND-CP dated July 01, 2020 of the Government on providing regulations on management, exploitation of information in the national database on immigration; online public services for the grant, management and control of Vietnamese citizens’ passports; immigration control by automated control gates

 

To operate smoothly and continuously the national database on immigration

Page 3

7

76/2020/ND-CP

Decree No. 76/2020/ND-CP dated July 01, 2020 of the Government prescribing in detail subjects eligible for grant, and the order, procedures of and competence for issuance, revocation and invalidation of international travel documents

 

International travel documents shall be revoked in 03 cases

Page 4

 

SUMMARY:

 

Ü TAX – FEE – CHARGE

THE NUMERIC FORMAT DATA CONTAINS 19 NUMERIC CHARACTERS MAXIMUM

On May 11, 2020, the General Department of Taxation issues the Decision No. 635/QD-TCT on promulgating regulations on the components containing electronic invoice data and methods of data transmission and reception with tax authorities.

Accordingly, data in the numeric format contains the maximum of 19 numeric characters including the maximum of 4 numeric characters in the fractional part. The integral and fractional parts are separated by the decimal point (.). Decimal data type is described to have the maximum length as x,y, of which: x represents the total numeric characters at maximum; y represents the maximum number of numeric characters in the fractional part. Integer data type is described to have the maximum length as x which denotes the maximum number of numeric characters.

 

Besides, the Decision also promulgates date data represented in the format of YYYY-MM-DD, of which: YYYY refers to 4 digits indicating the calendar year; MM refers to 2 digits denoting the calendar month; DD refers to 2 digits denoting the calendar day. This data type is according to the GMT +7 (+07:00) time zone. Date time data is represented in the YYYY-MM-DDThh:mm:ss format, of which: T indicates the symbol used for separating date from hour; hh indicates 2 digits denoting hour; mm indicates 2 digits denoting minute; ss indicates 2 digits denoting second; the rest of format denoting similarly to the date data.

The Decision takes effect on the signing date.

Ü MEDICAL – HEALTH

41 ACTIVE INGREDIENTS PROHIBITED
FROM USE IN INSECTICIDAL AND GERMICIDAL PREPARATIONS

On June 19, 2020, the Ministry of Health issues the Circular No. 11/2020/TT-BYT on promulgating the List of prohibited and restricted active ingredients in insecticidal and germicidal preparations for household and medical use.

In accordance with this Circular, the Ministry of Health promulgates a List of 41 prohibited active ingredients and 13 restricted active ingredients in insecticidal and germicidal preparations for household and medical use. To be specific:

Firstly, active ingredients prohibited from use include: Acephate, Aldrin, Benzene hexachloride (BHC), Beta-cyfluthrin, Chlordance, Chlorpyrifos ethyl, Dichlorodiphenyltrichloroethane (DDT), Endosulfan and its

 

isomers, Fipronil, 18. Hexachlorocyclohexane and its isomers, Insecticidal and germicidal biological active ingredients, Paradichlorobenzene (1,4-Dichlorobenzene, pDCB), Pentachlorophenol (PCP) and its salts, Phosphamidon, etc.

Secondly, active ingredients restricted from use include: Bromchlophos, Diethyl toluamid, Diflubenzuron, Emamectin benzoate, Fenitrothion, Methoprene, Temephos, Spinosad, Pyriproxyfen, Novaluron, Dimethyl phthalate, Diethyl toluamid, AgniqueTM MMF, Bacillus thuringiensis israelensis (Bti), strain AM65-52, 266-2, etc.

This Circular takes effect on August 20, 2020.

Ü BIDDING - COMPETITION

EXPENSE FOR SUBMITTING AN E-BD
FOR COMPETITIVE OFFER SHALL BE VND 220,000

This is the remarkable content stipulated on June 30, 2020 by the Ministry of Planning and Investment in the Circular No. 05/2020/TT-BKHDT on amending and supplementing a number of articles of the Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on prescribing in detail the contractor selection via the National E-Public Procurement system.

According to the supplementing provision, for a construction and installation bidding package, the contractor may attach a construction capacity certificate for such works or not in the E-BD, even when such certificate is required in the E-BiD. The contractor's failure to attach a certificate of construction capacity shall not be a reason for eliminating such contractor.

 

The contractor shall continue to be considered, evaluated and selected. If the contractor is selected, the selected contractor must submit the construction capacity certificate of such works before being awarded a contract.

Besides, E-BiDs shall be issued without any charge on the System immediately after the bid solicitor successfully uploads an E-NIB on the System. The contractor must pay all costs related to the E-BD preparation. Expenses for submitting an E-BD with open bidding shall be VND 330,000 (including tax) and VND 220,000 (including tax) for competitive offer. In any case, the bid solicitor shall not take responsibility for costs concerning the bidding participation of the contractor.

This Circular takes effect on September 01, 2020.

Ü POLICY

TO PILOT SPECIAL FINANCIAL-BUDGETARY MECHANISMS AND POLICIES
FOR HANOI FROM AUGUST 15, 2020

On June 19, 2020, the National Assembly issues the Resolution No. 115/2020/QH14 on pilot implementation of a number of special financial-budgetary mechanisms and policies for Hanoi.

Specifically, the Hanoi People’s Council shall decide to collect some types of charges in Hanoi suitable to the city’s characteristics as follows:

Firstly, to collect charges not yet specified in the List of charges and fees promulgated together with the Law on Charges and Fees.

Next, to adjust the approved levels or rates of the charges specified in the List of charges and fees promulgated

 

together with the Law on Charges and Fees, except charges wholly belonging to the central budget revenues.

Hanoi’s budget may use 100% of the amount earned from the collection of charges above for making investment in the development of socio-economic infrastructure facilities and covering expenditures for economic, science and technology, education, health and social welfare activities that fall under the city’s spending tasks; such amount shall be excluded upon determination of percentage of revenues divided between the central budget and Hanoi’s budget.

This Resolution takes effect on August 15, 2020 and shall be implemented in 05 years.


TO PROMULGATE PLAN
ON SUSTAINABLE DEVELOPMENT OF VIETNAM’S MARINE ECONOMY

On March 05, 2020, the Government issues the Resolution No. 26/NQ-CP on promulgating the Government’s overall plan and 5-year plan to implement Resolution No. 36-NQ/TW of October 22, 2018, of the eighth plenum of the Party Central Committee, the XIIth Congress, on the Strategy on sustainable development of Vietnam’s marine economy through 2030, with a vision toward 2045.

Accordingly, for the overall plan through 2030, with a vision to 2045, to develop tours to offshore islands in combination with other sea-based services on a pilot basis. In addition, to give priority to the switch from a number of fishing gear codes that destruct aquatic resources and banned fishing gear codes in order to reduce the fishing intensity in sea areas; to strongly develop offshore and ocean fishing gear codes on an industrial scale.

 

Besides, for the 5-year plan through 2025, to build and efficiently manage and operate international ports in Hai Phong (Lach Huyen), Ba Ria-Vung Tau and central Vietnam’s key economic region. For Ba Ria-Vung Tau international port (Cai Mep harbor area), to arrange investment capital for lowering the bottom of channels leading to Cai Mep harbor so as to accommodate ships of up to 200,000 tons (18,000 TEU).

Specially, to issue a set of health standards for sea areas and islands; all island communes will have health stations reaching health standards for sea areas and islands; 70% of hospitals and health centers in island districts will be capable of applying surgery techniques like grade-2 hospitals…

Ü IMMIGRATION

TO OPERATE SMOOTHLY AND CONTINUOUSLY
THE NATIONAL DATABASE ON IMMIGRATION

On July 01, 2020, the Government promulgates the Decree No. 77/2020/ND-CP on providing regulations on management, exploitation of information in the national database on immigration; online public services for the grant, management and control of Vietnamese citizens’ passports; immigration control by automated control gates.

Specifically, the agency in charge of the national database on immigration shall be responsible for operating the technical system smoothly, continuously 24/24 hours; ensuring the infrastructure condition serving the connection and exchange of data.

Besides, the Government also stipulates that 04 groups of people must carry out registration procedures on their entry or exit through automated control gates, including:

 

Firstly, Vietnamese citizens using passports with electronic chips to travel to countries without visa exemption;

Secondly, Vietnamese citizens without passports affixed to electronic chips;

Thirdly, Vietnamese citizens using laissez-passers under Agreements between Vietnam and countries of the common borderlines;

Fourthly, foreigners with permanent residence cards or temporary residence cards issued by the Vietnamese competent agencies.

This Decree takes effect on July 01, 2020.


INTERNATIONAL TRAVEL DOCUMENTS SHALL BE REVOKED IN 03 CASES

On July 01, 2020, the Government issues the Decree No. 76/2020/ND-CP, prescribing in detail subjects eligible for grant, and the order, procedures of and competence for issuance, revocation and invalidation of international travel documents.

Specifically, cases in which an international travel document is revoked or invalidated are prescribed as follows: The international travel document, which has not yet expired, is lost; The international travel document has been granted to a person subject to suspension from exit in accordance with the Law on Exit and Entry of Vietnamese Citizens; The international travel document belongs to a person not yet eligible for issuance of immigration papers due to commission of prohibited acts.

In addition, the Government also stipulates that subject eligible for grant of Vietnam-Cambodia border travel

 

documents include cadres, civil servants, public employees and employees who are currently working in agencies, organizations and enterprises headquartered in provinces sharing the borderline with Cambodia and sent on working trips to Cambodian counterpart border provinces.

Besides, subjects eligible for grant of Vietnam-Laos border travel documents include: Vietnamese citizens who register permanent residence in provinces sharing borderline with Laos; Vietnamese citizens who do not register permanent residence in provinces sharing the borderline with Laos but work in agencies, organizations or enterprises headquartered in provinces sharing the borderline with Laos, etc.

This Decree takes effect on July 01, 2020.

 

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