Legal Document Updates in English (31/2014)

VAT REFUND FOR GOODS OF FOREIGNERS
 

On May 30, 2014, the Ministry of Finance issued the Circular No. 72/2014/TT-BTC on the VAT refund for goods of foreigners, overseas Vietnamese’s goods (hereinafter referred to as foreigners) brought with when exit.

Accordingly, VAT-free goods must be goods that are not on the List of goods banned from export; List of import goods licensed by the Ministry of Commerce (which is now the Ministry of Trade and Industry) or List of import goods subject to line management; goods subject to VAT; goods that can be carried on airplanes; goods other than VAT-free goods of the foreigners; goods that are bought in Vietnam for which the VAT invoices are issued within 60 (sixty) days prior to the date the foreigner leaves Vietnam; goods bought from a single shop in one day whose value written on the VAT invoices (including the total payment of several invoices of goods bought from a single shop in one day) is at least VND 02 (two) million.

Any commercial bank can receive a VAT refund fee that accounts for 15% (fifteen per cent) of the total amount of the VAT of the VAT-free goods that

FOREIGN ORGANIZATION MUST HAVE A WRITTEN REQUEST
ON DEMAND TO USE VIETNAMESE LABORERS
 

On July 28, 2014, the Government issued the Decree No. 75/2014/ND-CP detailing the implementation of a number of articles of the Labor Code on recruitment, management of Vietnamese laborers working for the foreign organization and individual in Vietnam, prescribing that Vietnamese laborers are Vietnamese citizens aged from 18 full years and upward, have work capacity and have full capacity for civil acts can apply for foreign organizations and individuals in Vietnam (including: International organizations, joint-Government organizations, organizations of foreign Government, foreign diplomatic representative offices and consulates, representative offices of international organizations in the system of the United Nations Organization…)

The dossier of Vietnamese laborers include the job application according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs; copy of birth certificate; a valid health certificate of the medical office no more than six months since the submission of the dossier; copies of diplomas and certificates of educational, specification, professional and foreign language standard

VAULT DOORS MUST HAVE IMPORT PERMITS
 

On August 01, 2014, the State Bank of Vietnam issued the Circular No. 18/2014/TT-NHNN on guiding import of goods subject to the State Bank’s specialized management, applied for units of the State Bank of Vietnam, credit institutions, foreign bank’s branches, money-printing establishments, agencies, organizations and traders related to import of goods subject to the State Bank’s specialized management.

The State Bank shall manage by grant of import permits for vault doors. No later than 07 (seven) days since receipt of

ROUTES FOR TRANSPORTATION OF GOODS IN TRANSIT
THROUGH THE VIETNAMESE TERRITORY
 

On May 13, 2014, the Ministry of Transport issued the Circular No. 15/2014/TT-BGTVT guiding the routes for transportation of goods in transit through the Vietnamese territory.

Accordingly, the transportation of goods in transit through the Vietnamese territory must be carried out along 22 routes and via pairs of border gates.

SUSPEND THE PENALTIES FOR VEHICLE ACHIEVING THE RATE OF BELOW 10%
 

On July 08, 2014, the Government issued the Resolution No. 47/NQ-CP on the Government’s Regular Meeting – June 2014, approved that till December 31, penalties for administrative violations will be suspended for the cases violations against regulations on the axle weight without exceeding the gross weight that is defined in the certificate of examination on technical safety and environment protection; violations against regulations that a vehicle commits by exceeding the designed weight defined in the Certificate of vehicle registration or the Certificate of examination on technical safety and environment protection achieving the rate of below 10%.

In terms of the restructuring of state-owned enterprises, the Government must request Ministries, regulatory bodies, People’s Committee of central-affiliated cities and provinces, economic incorporations and state-owned general companies to concentrate on the restructuring of state-owned enterprises, intensify the inspection, supervision and acceleration to direct the restructuring, equitization and state-owned capital withdrawal in the right itinerary. As for any enterprise who has established their Steering committee of equitization, they must quickly reevaluate their corporate value; as for those who have