Legal Document Updates in English (28/2017)

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietNam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: www.english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

TAX - FEE - CHARGE

 

TAX - FEE - CHARGE

1

05/2017/TT-NHNN


Circular No. 05/2017/TT-NHNN dated June 30, 2017 of the Vietnam State Bank amending, supplementing a number of articles of the Circular No. 03/2016/TT-NHNN dated February 26, 2016 of the State Bank of Vietnam providing several instructions on foreign exchange administration in respect of enterprise’s foreign borrowing and foreign debt repayment of enterprises

 

* To supplement the regulations on foreign exchange administration in enterprise’s foreign borrowing and foreign debt repayment

Page 2

EXPORT - IMPORT

 

EXPORT – IM PORT

2

55/2017/ND-CP


Decree No. 55/2017/ND-CP dated May 09, 2017 of the Government on the management of Tra catfish farming and processing and export of Tra catfish products

 

* Possessing a certificate of Tra catfish farming pond identification code

Page 2

SCIENCE - TECHNOLOGY

 

SCIENCE - TECHNOLOGY

3

74/2017/ND-CP


Decree No. 74/2017/ND-CP dated June 20, 2017 of the Government on provisions for specific policies on Hoa Lac hi-tech park

 

 

* Many incentives for investment projects in Hoa Lac hi-tech park

Page 2

NATIONAL SECURITY

 

NATIONAL SECURITY

4

66/2017/ND-CP


Decree No. 66/2017/ND-CP dated May 19, 2017 of the Government on prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software

 

* Only special agencies allowed to get camouflaged sound recording and video recording devices

Page 3

INDUSTRY

 

INDUSTRY

5

24/2017/QD-TTg


Decision No. 24/2017/QD-TTg dated June 30, 2017 of the Prime Minister on mechanism for adjustment of average retail electricity price

 

* EVN allowed rising from 3% to below 5%

Page 3

 

SUMMARY:

 

Ü  TAX - FEE - CHARGE         


FEES GRANTING CERTIFICATIONS OF ELIGIBILITY FOR ENVIRONMENTAL PROTECTION
IN THE IMPORT OF SCRAPS
 

On June 19, 2017, the Ministry of Finance issued the Circular No. 62/2017/TT-BTC stipulating on collection rate, regime, remittance, management and use of fees granting certifications of eligibility for environmental protection in the import of scraps for use as production materials.

Accordingly, charge and fee payers are organizations and individuals proposing competent agencies to grant and re-grant written certifications of eligibility for environmental protection in the import of scraps for use as production materials. Charge- and fee payers shall submit charges and fees within 10 working days since the application on granting or re-granting the certification. Charges and fees shall be directly submitted to charge- and fee-collecting organizations or to the account of pending charges and fees of charge- and fee-collecting organizations at the State Treasury.

 

Within that, pollution control department under the General Department of Environment and Department of Natural Resources and Environment in provinces and cities shall collect charges and fees as stipulated under the charge and fee table.

Also in accordance with this Circular, Charge- and fee collecting organizations shall retain 90% of the total amount of fees collected to pay for expenses on provision of services, collection and pay 10% to the State Budget. Charge- and fee collecting organizations are state agencies that are not under subjects of application shall pay 100% of collected fees to the State budget.

This Circular takes effect on August 05, 2017.

Ü   EXPORT - IMPORT  


TO ANNUL AUTOMATIC IMPORT LICENSING REGIME
TO A NUMBER OF FERTILIZER PRODUCTS
 

On May 29, 2017, the Ministry of Industry and Trade issued the Circular No. 07/2017/TT-BCT prescribing the border gates for import of a number of fertilizer products.

This Circular points out clearly that from July 13, 2017, Fertilizers may only be imported through international and main border gates. The import through auxiliary border gates or border crossings may be conducted only after being approved by provincial-level People’s Committees based on agreement with the Ministry of Industry and Trade.

 

Above regulations are not applicable to fertilizers temporarily imported for re-export, temporarily exported for re-import, in border-gate transfer and in transit and fertilizers imported for testing, use as samples and scientific research.

This Circular takes effect on July 13, 2017 and annuls the Minister of Industry and Trade’s Circular No. 35/2014/TT-BCT dated October 15, 2014.

Ü   EDUCATION – TRAINING  - VOCATION  


TO CHANGE THE ORGANIZATIONAL STRUCTURE OF
THE MINISTRY OF EDUCATION AND TRAINING
 

In accordance with the Decree No. 69/2017/ND-CP dated May 25, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training, the Ministry of Education and Training only owns 26 public non-business units instead of 27 units as in previous regulations.

Within that, there are 03 new units includes the Physical Education Department; the Emulation and Commendation Department and the Agency of Physical Foundations.  The Professional Education Department, the Bureau of Material Foundations, Equipment of Schools and Childrens Toys, the Foreign-Involved Training Bureau and the representative agency in Ho Chi Minh City are formally annulled from the organizational structure of the Ministry of Education and Training. The Defense Education Department is changed to the Defense and Security Education Department; the Pupil and Student Affairs Department. is changed to the Political Education and Pupil and Student Affairs Department; the International

 

Cooperation Department is changed to the International Cooperation Department; the Education Quality Examination and Accreditation Bureau is changed to the Quality Management Department. Other departments are stay the same as in previous regulations such as the Education journal; the National Academy of Education Administration; the Information Technology Department; the Education and Time newspaper

The Ministry of Education and Training is responsible for promulgating curricula for preschool education, general education and continuing education; stipulating the minimum knowledge and capacity requirements that learners must acquire and meet after completing a pedagogical secondary school, pedagogical college, bachelor, master or doctoral training program; stipulating the compilation, appraisal and approval of materials permitted for use; to guide the selection of materials in preschool education institutions

This Decree takes effect on the signing date.

Ü   SCIENCE - TECHNOLOGY   


SUPPORTS ENTERPRISES TO DEVELOP TECHNOLOGY APPLICATION
AND INNOVATION
 

The Law on technology transfer No. 07/2017/QH14 passed by the National Assembly on June 19, 2017 with supports and incentives for enterprises to develop technology application and innovation.

Accordingly, the Government shall give supports to enterprises that have projects in regions or sectors eligible for investment incentives to carry out technology transfer activities with science and technology organizations. Enterprises may use funding from their science and technology development funds to make investment, provide or receive counterpart funds for developing technology innovation, technology incubation, science and technology business incubation, innovative startups, commercialization of their findings on scientific research and technological development and covering other expenditures under regulations of the law on science and technology.

The ownership, the right to use and other rights that arise from findings on scientific research and technological development or intellectual property objects whose value may be determined are considered as property rights.

The National Foundation for Science and Technology Development, the National Technology Innovation

 

Fund or credit institutions may receive the property rights as prescribed in this Clause as collaterals for loans for investment in science and technology projects, innovative startups, or development of findings on scientific research and technological development.

Enterprises that make investment in material – technical facilities to serve reverse engineering, organizations or individuals that carry out the reverse engineering are entitled to receive supports, guarantee for loans or preferential loan interest rate from the National Technology Innovation Fund or credit institutions; and enjoy other supports or incentives.

The Law also prescribes that technology incubators, science and technology business incubators, organizations or individuals investing in and supporting innovative startups; science and technology market intermediaries that have earnings from provision of technology transfer services are eligible for tax incentives in accordance with regulations of the law on taxation.

This Law takes effect on July 01, 2018 and replaces the Law No. 80/2006/QH11 on technology transfer.

Ü   INDUSTRY  


TO EXEMPT LAND RENTAL FOR 11 YEARS FOR INVESTMENT PROJECTS
ON COMMERCIAL OPERATION
 

On May 25, 2017, the Government issued the Decree No. 68/2017/ND-CP on management and development of industrial clusters with the detailed regulations on investment projects in the industrial cluster.

In particulars, production and business investment projects in industrial clusters are entitled to land rental exemption for 7 years. Investment projects on commercial operation of industrial cluster technical infrastructure are entitled to land rental exemption for 11 years and eligible to borrow investment credit funds of the State not exceeding 70% of their total investment amounts and are entitled to other incentives as prescribed by law. In case they are eligible for different incentive levels, the highest one shall be applied.

At the same time, the Decree also prescribes many incentives and supports for craft village industrial clusters. Within that investment projects on production and business in craft village industrial clusters are entitled to land rental exemption for 11 years and eligible to borrow investment credit funds of the State not exceeding 70% of their total investment amounts; investment projects on commercial operation of industrial cluster technical infrastructure are

 

entitled to land rental exemption for 15 years and eligible to borrow investment credit funds of the State not exceeding 70% of their total investment amounts.

To enjoy incentives and supports, craft village industrial clusters are included in the master plan, and are established and operate in accordance with regulations on management of industrial clusters. The number of enterprises, cooperatives, cooperative teams, production facilities of households and individuals in the craft village account for over 60% of the number of enterprises and production facilities already relocated or having registered for relocation into the craft village industrial cluster. By the time of considering incentives and supports, the registered occupancy rate is over 80%, with over 60% of which occupied by enterprises, cooperatives, cooperative teams, production facilities of households and individuals in the craft village as certified by the district-level People’s Committee.

This Decree takes effect on July 15, 2017 and annuls the Prime Minister’s Decision No. 105/2009/QD-TTg of August 19, 2009.

 

 

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: [email protected]. Customers can study all information on LuatVietnam service via address: www.english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82 -  Duy Tan Street, Dich Vong Hau Ward, Cau Giay District, Hanoi.
                       Tel: 04.37833688 (Ext 518) - Fax: 04.37833699
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
                       Tel: (
08) 399 507 24 - Fax: (08) 399 507 27
Email: [email protected]

 

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html. You will receive the final confirmation before un-list your email address in our system.

Rate:
(0 rated)
For further support, please call 19006192

SAME CATEGORY

See more