Legal Document Updates in English (29/2016)

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NUMBER

TITLE

 

In This Updates:

TAX - FEE - CHARGE

 

TAX - FEE - CHARGE

1

114/2016/ND-CP

Decree No. 114/2016/ND-CP dated July 08, 2016 of the Government on adoption registration fees, fees for issuance of operation licenses of inter-country adoption agencies

 

{C}{C}*{C} Amount of domestic adoption registration fee is VND 400,000/case

Page 2

LABOR – SALARY

 

LABOR - SALARY

2

23/2016/TT-BLDTBXH

Circular No. 23/2016/TT-BLDTBXH dated July 15, 2016 of the Ministry of Labor, War Invalid and Social Affair guiding the adjustment of pensions, social insurance allowances and monthly allowances according to the Decree No. 55/2016/ND-CP dated June 15, 2016 of the Government

 

* To increase by 8% of pensions, monthly allowances for subjects for officers

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

89/2016/ND-CP


Decree No. 89/2016/ND-CP dated July 01, 2016 of the Government on requirements applicable to business entities acting as currency exchange agents or providing foreign currency receipt and payment services

 

* Requirements applicable to business entities acting as currency exchange agents

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

4

93/2016/ND-CP

Decree No. 93/2016/ND-CP dated July 01, 2016 of the Government providing for conditions for manufacture of cosmetic products

 

{C}{C}*{C} Conditions for manufacture of cosmetic products

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

5

99/2016/ND-CP

Decree No. 99/2016/ND-CP dated July 01, 2016 of the Government on management and use of seals

 

* Management and use of seals

Page 3

SUMMARY:

Ü  TAX - FEE - CHARGE


AMOUNT OF DOMESTIC ADOPTION REGISTRATION FEE IS VND 400,000/CASE

On July 08, 2017, the Government issued the Decree No. 114/2016/ND-CP on adoption registration fees, fees for issuance of operation licenses of inter-country adoption agencies.

In accordance with the Decree, amount of domestic adoption registration fee: VND 400,000/case; amount of adoption registration fee collected from Vietnamese people residing in foreign countries or foreigners permanently residing in foreign countries that adopt children being Vietnam nationals: VND 9.000.000/case; amount of fee collected from foreigners permanently residing in Vietnam that adopt children being Vietnamese nationals: VND 4.500.000/case; amount of fee collected from foreigners residing in border regions of neighbor countries that adopt Vietnamese children permanently residing in such border regions: VND 4.500.000/case; amount of adoption registration fee at Vietnam’s overseas representative bodies: USD 150/case. The above fee shall be converted into the receiving country’s currency according to the selling rate of USD announced by a bank where the Vietnam’s overseas representative bodies open its account.

 

Additionally, domestic adoption registration fees shall be exempted when a stepfather or stepmother adopts a stepchild of his/her spouse; or an aunt or uncle adopts a niece or nephew; a person adopts one of the following children: Disabled children, HIV/AIDS infected children or children suffering fatal disease/illness as prescribed in the Law on adoption and guiding documents; and a person with meritorious services to the revolution adopts a child.

Besides, the inter-country adoption registration fees shall be deducted in the case such as: a reduction of 50% in inter-country adoption registration fee shall apply to a stepfather or stepmother that adopts a stepchild of his/her spouse or an aunt or uncle that adopts a niece or nephew; in case of simultaneously multiple adoptions of biological brothers/sisters, a reduction of 50% in inter-country adoption fee shall apply to each of children excluding the first child.

This Decree takes effect on January 01, 2017.

Ü LABOR - SALARY


TO INCREASE BY 8% OF PENSIONS, MONTHLY ALLOWANCES
FOR SUBJECTS FOR OFFICERS

On July 15, 2016, the Labor, War Invalids and Social Affairs issued the Circular No. 23/2016/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances and monthly allowances according to the Decree No. 55/2016/ND-CP dated June 15, 2016 of the Government.

In accordance with the regulations in this Circular, to increase by 8% of pensions, monthly allowances for subjects  for officers receiving allowances from January 01, 2015 to before May 01, 2016. Therefore, new pensions, monthly allowances equal current pensions, monthly allowances multiplied by 1.08.  Nursery teachers working in

 

nursery schools before January 01, 2016 whose pensions are lower than base wage rate. Nursery teachers that work in nursery schools before January 01, 2015 and enjoy pension before January 01, 2916 or start enjoying pensions from January 01, 2016 to December 31, 2016, if pension rate after adjustment is lower than 1,150,000 VND, it shall be adjusted to 1,150,000 VND for the period from January 01, 2016 to April 30, 2016; if it is lower than 1,210,000 VND/month, it shall be adjusted to 1,210,000 VND/month for the period from May 01, 2016.

This Circular takes effect on September 01, 2016.

Ü FINANCE – BANKING


REQUIREMENTS APPLICABLE TO BUSINESS ENTITIES ACTING
AS CURRENCY EXCHANGE AGENTS

 

Decree No. 89/2016/ND-CP on requirements applicable to business entities acting as currency exchange agents or providing foreign currency receipt and payment services is issued by the Government on July 01, 2015.

Accordingly, a business entity is entitled to act as a currency exchange agent only after it is issued with a certification of registration of currency exchange agent by the State bank of Vietnam. Requirements for issuance of a certification of registration of currency exchange agent to a business entity by the State bank of Vietnam, it is established or registered in accordance with Vietnamese law. It has its currency exchange agent located in one or more of the locations such as tourist accommodation establishments ranked at least 3 stars by a tourism authority; international checkpoints (road, air, water)…..; it

 

has facilities that satisfy the following operational requirements of the currency exchange agent: there is a separate transaction area (transaction room(s) or counter(s) not associated with other business activities, only for currency exchange services)…. Or each staff member who directly works in the currency exchange agent must have a document certifying that he/she has been trained in recognition of real or fake foreign currencies that is issued by the authorizing credit institution.

A business entity may only acts as a currency exchange agent for an authorizing credit institution and the business entity may agree to set currency exchange agent at one or multiple locations in the area where the organization has its head office or branch located.

This Decree takes effect on July 01, 2016.

Ü MEDICAL - HEALTH


CONDITIONS FOR MANUFACTURE OF COSMETIC PRODUCTS
 

On July 01, 2016, the Government issued the Decree No. 93/2016/ND-CP providing for conditions for manufacture of cosmetic products, within that, the manufacture of cosmetic products  must have a cosmetic manufacturer must be established under the law; and have obtained a Certificate of eligibility for cosmetic manufacturing.

A cosmetic manufacturer may be qualified to apply for a Certificate of eligibility for cosmetic manufacturing if it satisfies all conditions on personnel and infrastructure. Personnel requirement: The production manager must have professional knowledge about one of the following majors: Chemistry, Biology, Pharmacy or other relevant majors in order to meet job requirements and Infrastructure requirement: its location, area, workshop and equipment must meet requirements on the production line and types of cosmetic products which will be produced by that manufacturer as described in the application dossier for Certificate of eligibility for cosmetic manufacturing; raw

 

materials, packaging materials and finished products stores must ensure the separation between raw materials, and packaging materials, and finished products, and have separate areas for storing flammable and explosive matters, highly toxic substances, discharged or recalled or returned materials or products.

Besides, its quality management system must satisfy the requirements such as raw materials and auxiliary materials used to manufacture cosmetic products must meet quality standards adopted by the manufacturer; the water used in the production of cosmetic products must comply with the national technical regulations on drinking water quality promulgated by Minister of Health; the quality standards of semi-finished products used in the production must meet the manufacturer’s ones; the production process must be available for each type of cosmetic products;…documentation system must be available.

This Decree takes effect on July 01, 2016.

Ü ADMINISTRATIVE


MANAGEMENT AND USE OF SEALS
 

The Decree No. 99/2016/ND-CP on management and use of seals is issued by the Government on July 01, 2016, provides for the management and use of seal of state bodies, people’s armed forces and bodies of the organizational system of Communist Party of Vietnam, Vietnam Fatherland Front, social – political organizations, economic organizations, association organizations, social funds, charity funds, non-governmental organizations, religious organizations, foreign organizations operating in Vietnam and other organizations established and operating under the laws and state titles.

In accordance with the regulation in this Decree, the bodies, organizations or titles of the state are only permitted to use their seals upon regulations on the permission for use of seal in the legal normative documents or decision from the competent bodies; must register their seal sample before use. The use of seal with national Emblem must be stipulated in the laws, Ordinance, Decree or Decision of the Prime Minister stipulating the functions, duties, power and

 

organizational structure of organizations and bodies or stipulated in the international agreements in which Vietnam is a member. The bodies, organizations or titles of the state having functions of issuing diplomas, certificates and papers with photo or sealing documents according to regulations of law are permitted to use the embossed seal, small-sized seal or wax seal. The bodies, organizations or titles of the state only use one seal under the sample stipulated by the competent state body. In necessary cases of additional use of seal like the issued one comply with the provisions such as the bodies, organizations or titles of the state must be permitted by the competent body if using additional wet seal; the bodies, organizations or titles of the state can decide by themselves the additional use of embossed seal, small-sized seal or wax seal; the economic organizations can decide by themselves the additional use of seal by themselves.

This Decree takes effect on July 01, 2016.

 

 

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