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In This Updates: |
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LABOR – SALARY |
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LABOR – SALARY |
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Circular No. 16/2015/TT-BLDTBXH dated April 22, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of the Government’s Decree No. 75/2014/ND-CP of July 28, 2014, detailing a number of articles of the Labor Code regarding recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam |
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Foreign organizations must make regular reports on recruitment of Vietnamese employees |
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FINANCE – BANKING |
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FINANCE - BANKING |
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Decision No. 976/QD-TTg dated July 01, 2015 of the Prime Minister prescribing the regulations on classification of debt at Vietnam Bank for Social Policies |
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Vietnam Bank for Social Policies shall classify debts every year on December 31 |
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EXPORT – IMPORT |
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EXPORT - IMPORT |
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Circular No. 49/2015/TT-BTC dated April 14, 2015 of the Ministry of Finance providing for customs procedures for mails, postal matters and parcels, imports and exports sent via postal services of designated enterprises |
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To exempt from customs declaration for postal articles in diplomatic and consular bags |
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NATURAL RESOURCES – ENVIRONMENT |
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NATURAL RESOUCES - ENVIRONMENT |
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Decree No. 38/2015/ND-CP dated April 22, 2015 of the Government on the management of wastes and scraps |
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Import of steel scraps must deposit from 10% - 20% |
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MEDICAL – HEALTH |
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MEDICAL - HEALTH |
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Circular No. 15/2015/TT-BYT dated June 26, 2015 of the Ministry of Health guiding the medical examination and treatment by health insurance for HIV-Positive people and people using HIV/AIDS related health care services |
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Guiding the medical examination and treatment by health insurance for HIV-Positive people |
Page 3 |
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SUMMARY:
Ü LABOR - SALARY
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This is the prominent content prescribed at the Decision No. 19/2015/QD-TTg dated June 15, 2015 of the Prime Minister prescribing criteria for identifying hi-tech enterprises. Accordingly, from August 01, 2015, beside satisfying the criteria prescribed at Point a and b, Article 75 of the Investment Law, a hi-tech enterprise must satisfy the criteria that the enterprise’s revenue from hi-tech products must account for at least 70% of its total annual net revenue and the enterprise’s total expenses for research and development activities conducted in Vietnam must account for at least 1% of its total annual net revenue, for small- and medium-sized enterprises, or 0.5%, for |
enterprises with a total capital of over VND 100 billion and more than 300 employees. Especially, the number of research and development staff members holding a university or higher degree must account for at least 5% of the enterprise’s total number of employees, for small- and medium-sized enterprises. For enterprises with a total capital of over VND 100 billion and more than 300 employees, the number of research and development staff members holding a university or higher degree must account for at least 2.5% of the total number of employees and be not less than 15. This Decision takes effect on August 01, 2015. |
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Ü FINANCE - BANKING
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On July 01, 2015, the Prime Minister signed the Decision No. 976/QD-TTg prescribing the regulations on classification of debt at Vietnam Bank for Social Policies (VBSP) and requires VBSP to have solutions and regularly collect information on its customers in order to assess their solvency, take appropriate measures to control risk and credit quality, and classify debts in accordance with this Regulation. Accordingly, VBSP shall classify debts in accordance with this Regulation on every year on December 31 VBSP shall classify debts by loan program; by loan term; by status; by type of loan security; by source; by loan method and trustee under an entrustment contract with VBSP; by area; by ethnic group; by economic sector; by customers’ solvency. Particularly, in classification of debts by customers’ solvency, every 03 years or whenever necessary, VBSP shall review, analyze, and assess the ability its customers |
to pay each special debt, especially overdue debts, bad debts, undue debts that are irrecoverable, unpaid interest. Assessment of solvency enterprise analysis of causes of insolvency shall be carried out in a public, democratic, and fair manner among borrowers under each credit program. Credit teams of communes and districts shall be established to carry out these tasks. According to the analysis and assessment of debt balance and analysis of causes of insolvency, the VBSP shall take appropriate measures to improve credit quality and avoid irrecoverable debts. Classification of debts at VBSP varies according to the actual balance of each debt. If part of a debt is converted into overdue debt in a repayment period, only the converted amount is considered overdue, the remaining balance is still considered undue debts. This Decision takes effect on the signing date. |
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Ü EXPORT - IMPORT
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On April 14, 2015, the Ministry of Finance issued the Circular No. 49/2015/TT-BTC dated April 14, 2015 o providing customs procedures for mails and parcels and bales of imports and exports sent via postal services provided by designated enterprises. In accordance with this Circular, imported and exported mails sent via postal services are subject to customs supervision in the form of customs sealing of enterprises’ special-use packings or vehicles for international mail delivery. When being imported or exported, postal articles in diplomatic and consular bags shall be exempted from customs declaration and inspection; when having grounds to confirm that diplomatic or consular bags violate regulations on privileges and immunities, the General Director of Customs shall decide to inspect and handle these bags. |
On customs declaration, enterprises may fill in 1 (one) declaration form, enclosed with a detailed list of duty-free or -exempt imported and exported postal articles for goods exempted from import duty or export duty or value-added tax or eligible for the tax rate of 0% of different goods owners, which are handled in a work shift. Enterprises shall fill in a separate customs declaration form in case the goods owners so request; goods are subject to duty and tax; goods are imported or exported under permits and subject to specialized management by ministries and ministerial-level; goods are subject to quarantine, food safety inspection or quality inspection; and goods are luggage of persons on entry or exit. This Circular takes effect on May 29, 2015 and annuls the Minister of Finance’s Circular No. 99/2010/TT-BTC of July 9, 2010. |
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Ü NATURAL RESOURCES – ENVIRONMENT
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In order to ensure that scrap importers take responsibility for handling environmental risks and pollution which may arise from the imported scrap lots, in the Decree No. 38/2015/ND-CP dated April 24, 2015 on the management of wastes and scraps, the Government requires scrap importers to pay deposits at Vietnam Environmental Protection Fund or a commercial bank at which they open main transaction accounts. For the importers of iron and steel scraps shall pay a deposit amount accounting for 10% of the total value of the imported scrap lot if the imported volume is under 500 tons; 15% of the total value of the imported scrap lot if the imported volume is between 500 tons and under 1,000 tons and for 20% of the total value of the imported scrap lot if the imported volume is 1,000 tons or more. Similarly, importers of paper and plastic scraps shall pay a deposit amount accounting for 15% of the total value of the imported scrap lot if the imported volume is under 100 tons; for 18% of the total value of the imported scrap lot if the imported volume |
is between 100 tons and under 500 tons and for 20% of the total value of the imported scrap lot if the imported volume is 500 tons or more. Scrap importers shall pay a deposit at least 15 working days before carrying out the import customs procedures. Vietnam Environmental Protection Fund or commercial banks having received deposits shall refund the deposit amounts to scrap importers within 5 (five) working days after receiving the latter’s written requests enclosed with customs declarations appended with the customs clearance seal or certified copies of customs declarations appended with the mark that scraps have been re-exported. If the imported scraps are not cleared from customs procedures or cannot be re-exported, the deposit amount shall be used for payment of expenses for handling scraps in violation. If the deposit amount is not enough for paying all expenses for handling scraps in violation, the scrap importer shall pay these expenses. This Decree takes effect on June 15, 2015. |
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Ü MEDICAL - HEALTH
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The Ministry of Health issued the Circular No. 15/2015/TT-BYT dated June 26, 2015 guiding the medical examination and treatment by health insurance for HIV-Positive people and people using HIV/AIDS related health care services, prescribing that HIV-positive people having health insurance who receive medical examination and treatment and people having health insurance who use HIV/AIDS related medical services shall have the benefits of health insurance policyholders within the limits prescribed by regulations of law on health insurance. In particular, regarding people having health insurance who are HIV-positive or use HIV/AIDS related medical services, Health insurance funds shall cover the cost of medicine (including ARV), chemicals, medical equipment, technical services within the coverage of Health insurance funds; HIV testing for women who are in pregnant or childbirth according to professional request in case such expense is not covered by any other funds; abortion on HIV women; HIV diagnosis and testing, ARV and other HIV/AIDS |
examination and treatment services for children of HIV women; HIV testing in medical examination and treatment (excluding HIV testing for people who donate body parts, sperm, ovule)… Any medical facility treating people with ARV that is affiliated to medical centers of districts, HIV/AIDS prevention centers, preventive medical centers of provinces and other medical facilities eligible for providing medical services according to the legislations shall sign a contract with a social insurance organization for the provision and payment for medical examination and treatment service for HIV/AIDS infected people. This Circular takes effect on August 15, 2015 and does not apply to HIV-positive people having health insurance who are in detentions, temporary detentions, compulsory education establishments, reform schools, compulsory rehabilitation centers, social protection establishments. |
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