Legal Document Updates in English (28/2013)

 

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NUMBER

TITLE

 

In This Updates:

TAX – FEE –CHARGE

 

TAX – FEE – CHARGE

1

44/2013/QD-TTg

Decision No. 44/2013/QD-TTg dated July 19, 2013 of the Prime Minister amending and supplementing a number of articles of the Regulation on trading in duty-free goods promulgated together with the Decision No. 24/2009/QD-TTg dated February 17, 2009 of the Prime Minister

 

 Persons on entry eligible for purchase of duty-free goods

Page 2

LABOR – SALARY

 

LABOR - SALARY

 

2

51/2013/ND-CP

Decree No. 51/2013/ND-CP dated May 14, 2013 of the Government promulgating wages, remunerations, bonuses for the Member Assembly’s members, the company’s President, the Controller, the General Director or director, the Deputy General Director or Deputy Director, and the Chief Accountant of one member state owned limited companies

 

 Basic wage for State Corporation’s president is VND 36 million per month

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

3

17/2013/TT-NHNN

Circular No. 17/2013/TT-NHNN dated July 16, 2013 of the State Bank of Vietnam promulgating the guidance for the foreign exchange control regarding to enterprise’s international bond issuance not guaranteed by the Government

 

 Issuance limit for international bonds must have assessment on credit rating

Page 2

COMMERCE

 

COMMERCE

 

4

11/2013/TT-BCT

Circular No. 11/2013/TT-BCT dated June 18, 2013 of the Ministry of Industry and Trade issuing the National Technical Regulations on petrol and oil shop’s design requirements

 

 50m2 is the minimum distance from petrol and oil tanks to public constructions

Page 3

TRANSPORT

 

TRANSPORT

 

5

14/2013/TT-BGTVT

Circular No. 14/2013/TT-BGTVT dated July 05, 2013 of the Ministry of Transport promulgating navy construction’s maintenance

 

 Harbors must have surveys in the usage process

Page 3

 

SUMMARY:

 

Ü FINANCE - BANKING


PERSONS ON ENTRY ELIGIBLE FOR PURCHASE OF DUTY-FREE GOODS
 

This is the content prescribed at the Decision No. 44/2013/QD-TTg dated July 19, 2013 of the Prime Minister amending and supplementing a number of articles of the Regulation on trading in duty-free goods promulgated together with the Decision No. 24/2009/QD-TTg dated February 17, 2009 of the Prime Minister.

At this Decision, Duty-free shops may be located at port of international airports to serve passengers on entrance (not including drivers and attendants in vehicles on entrance) in areas under the management and supervision of Customs agencies.

Accordingly, Persons on entry when purchasing duty-free goods must produce their passports having the entry stamp or produce their boarding passes. Duty-free shop

 

must keep copies of these documents. Persons on entry may purchase duty-free goods according to duty-free quotas of luggage under the Decree No. 66/2002/ND-CP dated July 01, 2002 of the Government prescribing the duty-free quotas of luggage of people on exit and entry as well as of imported presents and gifts.

Also in accordance with this Decision, Currencies used in transactions at duty-free shops are:  Vietnam dong; freely convertible foreign currencies or currency of bordering countries at duty-free shops in border regions (instead of the previous regulations of only using Vietnam dong and USD and EURO).

This Decision takes effect on September 15, 2013.

Ü LABOR - SALARY


BASIC WAGE FOR STATE CORPORATION’S PRESIDENT IS VND 36 MILLION PER MONTH
 

On May 14, 2013, the Government issued the Decree No. 51/2013/ND-CP promulgating wages, remunerations, bonuses for the Member Assembly’s members, the company’s President, the Controller, the General Director or director, the Deputy General Director or Deputy Director, and the Chief Accountant of one member state owned limited companies.

This Decree promulgates the basic wages for the specialized managing officers as follows: the President of Member’s Council or specialized company’s Presidents under Economic Groups: VND 36 million per month; Group’s General Director or Director: VND 35 million per month and so on.

Remunerations for part-time managers shall be calculated according to their works and working durations, and shall not exceed 20% of wages of specialized

 

managers; for managers that represent the company to contribute capital to other companies, the remunerations paid by other companies shall be given to the company, and they shall be paid according to the fulfillment of their tasks. Such remunerations shall not exceed 50% of the actual wages paid by the company. The remaining amount (if any) shall be included in other incomes of the company. The wage and remuneration fund for managers shall be determined every year and separate from the wage fund for employees. This fund shall be established by the company and approved by the owner. Every month, each shall receive an advanced payment of 80% of the tentative wage or remuneration in that month; the remaining 20% shall be paid at the end of the year.

This Decree takes effect on July 01, 2013, and is applicable from May 01, 2013.

Ü FINANCE - BANKING


ISSUANCE LIMIT FOR INTERNATIONAL BONDS MUST
HAVE ASSESSMENT ON CREDIT RATING
 

This is the regulations of the State Bank of Vietnam (SBV) in the Circular No. 17/2013/TT-NHNN dated July 16, 2013 promulgating the guidance for the foreign exchange control regarding to enterprise’s international bond issuance not guaranteed by the Government.

At this Circular, the SBV guides the process for limit confirmation, plan appraisal, register for international bond issuance. A dossier for plan appraisal on international bond issuance includes written request for plan appraisal on international bond issuance by state bank; copy of plan on international bond issuance; copy of written approval for plan on international bond issuance by competent authorities; copy of audited financial statement of state commercial bank in three (03) last consecutive years adjacent to issuance year; report of state commercial bank about meeting rates of safety assurance and limits  and so on.

For enterprises being state commercial banks, a dossier for confirming the issuance limit includes request for confirming the international bond issuance limit; copy of plan on

 

international bond issuance already approved by competent authorities and copy of written approval for plan on international bond issuance by competent authorities.

This Circular provides for appraisal of the international bonds issuance of commercial banks being state enterprises, confirmation of issuance limit for international bonds, confirmation of register, confirmation of register for change of the international bonds issuance of enterprises that are not guaranteed by the Government. Enterprises shall, directly or via post service, send one (01) set of dossier to the State Bank (Foreign Exchange Management Department). Written fifteen (15) working days, after receiving a sufficient and valid dossier of registration for change of enterprise, the state bank shall provide a written opinion on approving or declining to confirm the registration for issuance change. In case of declining, a document specifying the reason shall be provided by the State Bank.

This Circular takes effect on September 01, 2013 and replaces the Circular 19/2011/TT-NHNN dated August 24, 2011.

Ü COMMERCE


50M2 IS THE MINIMUM DISTANCE FROM PETROL AND OIL TANKS
TO PUBLIC CONSTRUCTIONS
 

On June 18, 2912, the Ministry of Industry and Trade issues the National Technical Regulations on petrol and oil shop’s design requirements at the Circular No. 11/2013/TT-BCT

Accordingly, the Ministry of Industry and Trade promulgates that tanks of petrol and oil are made of petrol-resistant and non-combustible materials; installment of petrol tanks at stores must not to install petrol tanks floating on ground; not to install petrol tanks and pits in or under stalls, besides, when installing petrol tanks, it is required to calculate ability to be push floating and must have measures to prevent floating of tanks; surrounding tanks must cover sand or fine soil with the thickness of not less than 0.3 m; tanks installed under roads must apply measures to protect tank structure and for tanks made of non-conductive material materials must have measure to annul electrostatic when ex-warehousing or warehousing petrol and oil.

Pumps must be laid in aeration positions. If pumps are laid in house, they must be laid in separate space, together with measures of air ventilation and open doors turned outside. And the pump must ensure that vehicles may stop easily along

 

pumps and not obstruct other means of transport to go in and out stores. Pumps must be laid on pump islands. Pump island must be designed with requirements as the height must be higher than premises of parking not less than 0.2m; the width is not less than 1.0m and pump island’s head must be far than edges of polar bearing overhangs or pump not less than 0.5m. Safe distance from tank and pump to public facilities may be reduced to 25 meter (17 meter if filling station has vapor recovery system) if filling station is equipped fixed or semi-fixed fire prevention system.

At filling stations must post up the internal rule on fire prevention and fighting at apparent positions, have signboards of fire prohibition and the fire command. The initial means for fire fighting must be equipped and arranged at the positions of stations such as petrol pumps; area for transporting petrol and oil into tanks; stall for sale of lubricants and other products; place for vehicle washing, vehicle maintenance; office for goods sale, safeguarding and generator, substation.

This Circular takes effect on August 01, 2013.

Ü TRANSPORT


HARBORS MUST HAVE SURVEYS IN THE USAGE PROCESS
 

This is the requirement of the Ministry of Transport at the Circular No. 14/2013/TT-BGTVT dated July 05, 2013 promulgating navy construction’s maintenance.

At this Circular, the Ministry of Transport regulates clearly that the survey of the navy constructions below are compulsory for wharves, ports, lighthouses, seawalls, sand walls, communications systems (radio towers) in special class and first class; the navy constructions that are subsided, cracked, tilted, or at risk of collapse.  Other parts of navy constructions that need surveying is the main bearing structure of the construction that may lead to collapse if it is damaged. The survey position, survey figures, and limits of those figures such as deformation, tilt, subsidence, crack, etc; the survey duration, number of measurement cycles and other necessary information shall be decided by the designer of the navy construction.

During the operation, the survey must be carried out in accordance with the survey plan made by the surveying contractor and approved by the person in charge of maintenance; the survey plan must specify the measurement methods, instruments, the positions of marks

 

the implementation, the processing of measurements, and other necessary information; the surveying contractor shall send the person in charge of maintenance reports on the survey result. The survey figures must be compared to the limits imposed by the designing contractor and relevant regulations or standards and so on.

If the survey figures reach the limits in Clause 2 of this Article or considered unusual, the person in charge of maintenance shall assess the safety and take appropriate measures.

Also in accordance with this Circular, Vietnam Navy Administration shall make the plan and estimate budget for the navy construction’s maintenance, and submit them to the Ministry of Transport before June 15. The Ministry of Transport shall verify and approve the plan and budget estimate before July 15; integrate the plan and budget estimate into the annual budget estimate of the Ministry of Transport, and submit it to the Ministry of Finance before August 30.

This Circular takes effect on September 01, 2013

 

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