Legal Document Updates in English (31/2013)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

89/2013/ND-CP

Decree No. 89/2013/ND-CP dated August 06, 2013 of the Government promulgating the implementation of some articles of the Law on Price on price appraisal

 

Price appraisers must have at least 3 years of experience

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

 

2

92/2013/ND-CP

Decree No. 92/2013/ND-CP dated August 13, 2013 of the Government guiding the implementation of some articles taking effect on July 01, 2013 of the Law on amending and supplementing some articles of the Law on Enterprise Income Tax and the Law on amending and supplementing some articles of the Law on Value-Added Tax

 

Apply VAT tax rate of 5% for purchasing social houses from July, 01

Page 2

3

1661/QD-BTC

Decision No. 1661/QD-BTC dated July 15, 2013 of the Ministry of Finance issuing the minimum price level or load and unload container services at Cai Mep – Thi Vai deep water port, Ba Ria – Vung Tau province

 

Minimum price level loading and unloading services at Cai Mep – Thi Vai port is USD 29 per container

Page 2

SOCIAL – ECONOMIC POLICIES

 

SOCIAL – ECONOMIC POLICIES

 

4

1113/QD-TTg

Decision No. 1113/QD-TTg dated July 09, 2013 of the Prime Minister approving the general planning adjustment of Phu My new urban area, Ba Ria – Vung Tau with the vision to 2030

 

Developing planning for Phu My new urban area

Page 3

INDUSTRY

 

INDUSTRY

 

5

20/2013/TT-BCT

Circular No. 20/2013/TT-BCT dated August 05, 2013 of the Ministry of Industry and Trade promulgating plans and measures for chemical incident prevention in industry

 

04 cases for chemical incident prevention

Page 3

 

SUMMARY:

Ü ENTERPRISE


PRICE APPRAISERS MUST HAVE AT LEAST 3 YEARS OF EXPERIENCE
 

This is a compulsory standard suggested by the Government at the Decree No. 89/2013/ND-CP promulgating the implementation of some articles of the Law on Price on price appraisal.

Accordingly, Price appraisers must satisfy 06 criteria as follows: having civil act capacity;  having ethical qualities, integrity, being honest and objective; graduated university, post-university specialized in price, price appraisal and sectors including: Economy, economy – technique, law involving operation of price appraisal issued by legal training organizations in Vietnam or other countries; having the actual working time under the trained specialties of from 36 (thirty six) months or longer, calculated from the date of issuing the university diploma of specialties; having certificate of training on price appraisal issued by agencies, organizations which have function on training the price appraisal as prescribed by the Ministry of Finance and possessing card of price appraiser issued by the Ministry of Finance.

To the price appraisal enterprises, they are not permitted to perform price appraisal in 07 following case: performing price appraisal when failing to ensure compliance with the Vietnam Criteria on price appraisal; trading the assets under state secrets as prescribed by law on list of state secrets; there are the price appraisers participating in price appraisal, persons in charge of management, members of the Control Board of the price appraisal enterprises, who are members, founding shareholders or buy shares, contribute capital in organizations which are

 

customers requesting for price appraisal; there are the price appraisers participating in price appraisal, persons in charge of management, members of the Control Board of the price appraisal enterprises, whose parents, spouses, children, brothers and sisters; persons in charge of management, administration, members of the Control Board, and supervisors of units subject to price appraisal and concurrently are persons who buy shares, contribute capital in the price appraisal enterprises and so on.

In accordance with this Decree, members being organizations may contribute maximally 35% of charter capital of the limited liability companies with two members of price appraisal. Founding shareholders which are organizations may contribute maximally 35% of charter capital of the joint-stock companies of price appraisal. In case there are many organizations contributing capital, the number of contributed capital of organizations is maximally equal to 35% of charter capital of the limited liability companies with two members or more and joint-stock companies of price appraisal.  Representatives of members must be price appraiser and must register for practicing at the price appraisal enterprise which organizations contributed capital; concurrently are not permitted to contribute capital in that price appraisal enterprise with entity of an individual, not permitted to be representative of organization contributed in establishment of other price appraisal enterprise.

This Decree takes effect on September 25, 2013.

Ü TAX – FEE – CHARGE


APPLY VAT TAX RATE OF 5% FOR PURCHASING SOCIAL HOUSES FROM JULY, 01
 

This is the guidance at the Decree No. 92/2013/ND-CP dated August 13, 2013 of the Government guiding the implementation of some articles taking effect on July 01, 2013 of the Law on amending and supplementing some articles of the Law on Enterprise Income Tax and the Law on amending and supplementing some articles of the Law on Value-Added Tax.

In accordance with this Decree, In case of sale, lease for purchase of social houses, tax rate of 5% is applied under contracts of sale, lease for purchase of social houses signed from July 01, 2013 and applied to the amounts paid from July 01, 2013 of contracts signed before July 01, 2013. Case of lease of social houses, tax rate of 5% is applied basing on time of collecting amounts under contract (including case of collecting advance amounts for many terms) from July 01, 2013. Case where enterprises have not yet received rents from July 01, 2013, tax rate is applied under time of issuing invoice.

At the same time, To reduce 50% of VAT tax rate from July 01, 2013 to the end June 30, 2014, for sale, lease or lease for purchase of commercial houses which

 

are completed houses with floor area of under 70m2 and sale price less than VND 15 million /m2. Commercial houses as completed houses prescribed in this Clause are houses which have been completed and accepted for receipt according to design of investors and used for dwelling after being handed over; for apartments for lease, they must meet conditions including the area of under 70 m2 and having value equal to the apartments of the same type at sale price less than VND 15 million/m2. 

Also according to this Decree, enterprises which are established as prescribed by Vietnamese law, including cooperatives, non-business units with total annual revenue not exceeding VND 20 billion are subject to apply the tax rate of 20% from July 01, 2013. Total annual revenue as the basis for determining enterprises which belong to subjects applied the tax rate of 20% prescribed in this Clause is total revenue from goods sale and service provision of enterprises in the adjacent previous year.

This Decree takes effect on the signing date.


MINIMUM PRICE LEVEL LOADING AND UNLOADING SERVICES
AT CAI MEP – THI VAI PORT IS USD 29 PER CONTAINER
 

On July 15, 2013, the Ministry of Finance signs the Decision No.  1661/QD-BTC issuing the minimum price level or load and unload container services at Cai Mep – Thi Vai deep water port, Ba Ria – Vung Tau province.

In accordance with this Decision, the Ministry of Finance promulgate the minimum level of price of service of loading and unloading containers at area of Cai Mep – Thi Vai deep-water port, Ba Ria – Vung Tau province as the loading and unloading from ships to port’s warehouses or yards or vice versa included goods is 46 USD for per container of 20 feet; 68 USD for container of 40 feet and 75 USD for container of more than 40 feet and for loading and

 

unloading from ships to port’s warehouses or yards or vice versa without goods (empty) is 29 USD for per container of 20 feet; 43 USD for container of 40 feet and 48 USD for container of more than 40 feet.

For containers with cold goods, dangerous goods, overload, oversize goods and goods with strange size: unit price will be agreed by enterprise of Port and customers but not lower than the minimum price specified in clause 1 Article 1 of this Decision.

This Decision takes effect on August 01, 2013 to August 30, 2015 and not applicable to transshipment containers.

Ü SOCIAL – ECONOMIC POLICIES


DEVELOPING PLANNING FOR PHU MY NEW URBAN AREA
 

On July 09, 2013, the Prime Minister issues the Decision No.  1113/QD-TTg approving the general planning adjustment of Phu My new urban area, Ba Ria – Vung Tau with the vision to 2030.

At this Decision, the Prime Minister has plan to develop the new urban area, keeping role as a center of industry, international seaport, service and tourism, being important transport focal center of Ba Ria – Vung Tau province and a south key economy region, with importance position on security and national defense. By 2020, population of entire urban area will be about 200,000 persons, in which inner-city population will be about 174,000 persons, outer-city population will be about 26,000 persons and by 2030, population of entire urban area will be about 310,000 persons, in which inner-city population will be about

 

285,000 persons, outer-city population will be about 25,000 persons.

The use planning at head period till 2020 is to develop projects of investment in infrastructure construction of industrial zones, seaports from My Xuan area to Cai Mep Ha, Long Huong area with total scale of about 5,000 ha; to develop tourism projects at Dinh, Toc Tien and Thi Vai mountains; to innovate and embellish the existing residential areas from My Xuan, Ngoc Ha areas to Tan Hoa, Tan Hai areas. And the expended Phu My II industrial zone (403 ha); Phu My III industrial zone (942 ha); Long Huong industrial zone (400ha); the expended My Xuan industrial zone (100 ha) and so on.

This Decision takes effect on the signing date.

Ü INDUSTRY


04 CASES FOR CHEMICAL INCIDENT PREVENTION
 

On August 05, 2013, the Ministry of Industry and Trade issues the Circular No. 20/2013/TT-BCT promulgating plans and measures for chemical incident prevention in industry.

In accordance with this Circular, organizations and individuals producing, trading, storing and using dangerous chemicals in industry must have plans in the case as follows: projects investing in production, storage and use of dangerous chemicals with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP must formulate Plan before the project officially operates; the facilities of dangerous chemical production, trading, storage and use (hereinafter abbreviated to chemical facilities) with the maximum chemical storage volume at a time more than or equal to the threshold ; the chemical projects and chemical facilities that change the production capacity, storage volume, scale or change quantity, kinds of chemicals with the maximum chemical storage volume at a time more than or equal to the threshold ;

 

the chemical projects and chemical facilities have dangerous chemicals under the list of chemicals that must formulate Plan and have chemicals under the list that must formulate Measures, must formulate Plan for all those chemicals and not required to formulate Measures.

Dossier for plan’s appraisal and approval includes a request official dispatch of organization or individual; plan including 12 (twelve) copies, in case if this quantity needs be more, organization or individual must supply additionally at the request of the appraisal agency; report on feasibility research, or the economic - technical Report on works construction, or plan on production and business includes 01 (one) copy certified by chemical facility or chemical project or other documents enclosed (if any). Organization or individual may, directly or through post office, submit dossier requesting for Plan appraisal and approval at the Vietnam Chemicals Agency.

This Circular takes effect on October 15, 2013.

 

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