Legal Document Updates in English (31/2017)

MICRO- AND SMALL-SIZED ENTERPRISES SHALL BE PRIORITIZED EIT
 

This is one of the supports prescribed at the Law on Support for Small- and Medium-sized Enterprises No. 04/2017/QH14, passed by the National Assembly on June 12, 2017, takes effect on January 01, 2018.

Accordingly, Small- and medium-sized enterprises may enjoy for a specified period of time an enterprise income tax rate lower than the ordinary tax rate applied to enterprises in accordance with the law on enterprise income tax. Micro-sized enterprises may apply simple tax-related administrative procedures and accounting regime.

Based on local budget capability, provincial-level People’s Committees shall submit to People’s Councils of the same level decisions on support in ground area rentals in local industrial parks, hi-tech parks and industrial clusters for small- and medium-sized enterprises. The maximum period of support is five years after a ground area lease contract is signed. Support in ground areas for production prescribed in this Article shall not be applied to foreign-invested or state-invested small- and medium-sized enterprises.

To support Small- and Medium-sized Enterprises in market expansion, ministries, ministerial-level agencies and provincial-level People’s Committees shall set up product distribution chains or join in setting up product distribution

STANDARDS FOR OCCUPATIONAL SAFETY AND HYGIENE TRAINERS
 

On July 03, 2017, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 19/2017/TT-BLĐTBXH providing guidelines for training in occupational safety and hygiene.

This Circular prescribes that a trainer must meet the standards as prescribed in Article 22 of Decree No. 44/2016/ND-CP; having at least 10 years of experience in formulating policies, law, management, inspection, study, and training in occupational safety and hygiene or having at least 10-year experience in training in occupational safety and hygiene at public service providers and/or enterprises.

Providers of courses for occupational safety and hygiene trainers must meet the criteria such as having a certificate

INTEREST RATES ON LOAN CAPITAL FOR PPP
 

On July 21, 2017, the Ministry of Finance issued the Circular No. 75/2017/TT-BTC on amending the 55/2016/TT-BTC providing contents of financial management of investment projects in the form of public-private partnership and costs of investor selection.

Accordingly, if the investor appointed without bidding, the loan capital interest rate shall be determined via negotiation or agreement between the competent State agency and the appointed investor. The interest rate referred for carrying out the negotiation or agreement must abide by the principles such as the interest rate shall not exceed 1.5 times the simple average of bid-winning interest rates on government bonds whose term is corresponding to the duration of PPP project contract (Project contract) within 10 bidding sessions preceding the time of contract negotiation. The bid-winning interest rates on government bonds are published on the websites of the State Treasuries or the Hanoi Stock Exchange. In case the number of bidding

REGULATIONS ON TEMPORARY IMPORT, RE-EXPORT
 

Circular No. 11/2017/TT-BCT on temporary import, re-export, temporary export, re-import and merchant trade of goods issued by the Ministry of Industry and Trade on July 28, 2017.

Accordingly, goods shall be temporarily imported and re-exported through international and principal border checkpoints. The re-export of goods through auxiliary border checkpoints and border crossings shall only be carried out at auxiliary border checkpoints and border crossings located in border-gate economic zones and auxiliary border checkpoints outside border-gate economic zones which are under supervision by competent authority in accordance with regulations of law and have adequate technical facilities to ensure the state administration. The People’s Committee of each bordering province shall publish a list of auxiliary border checkpoints and border crossings prescribed in Clause 2 of this Article after reaching an agreement with the Ministry of National Defense, the Ministry of Finance, the Ministry of Industry

RAILWAY TRANSPORT BUSINESS IS THE BUSINESS ENTITLED
TO INVESTMENT INCENTIVES
 

The Railway Law No. 06/2017/QH14 of the National Assembly on June 16, 2017  prescribes that railway infrastructure business, railway transport business, urban railway business and railway industry are business lines entitled to investment incentives.

Accordingly, Organizations and individuals engaged in railway activities are entitled to the incentives and supports such as allocation without land use levy of land areas for construction of national railway and urban railway infrastructure; land rental exemption for land areas used for construction of specialized railway infrastructure and railway industrial works; based on practical resources, the State shall provide loans with preferential investment credit interest rates from the State’s investment credit source or loans  guaranteed by the Government in accordance with the law on public debt management for investments in the development of national railway and urban railway infrastructure, in the procurement of rolling stocks, machinery and equipment in service of railway maintenance, and in the development of railway industry;

CONDITIONS FOR ANTI-DUMPING MEASURES
 

This is one of the important contents prescribed at the Law on Foreign Trade Management No. 05/2017/QH14 passed by the National Assembly on June 12, 2017.

Accordingly, anti-dumping measures shall be applied to imports when the conditions are fully met imports into Vietnam are dumped with a specified dumping margin, a domestic industry suffers material injury or is threatened to suffer material injury or its formation is impeded; there exists a causal relationship between the import of dumped goods and the injury caused to a domestic industry.

No anti-dumping measures shall be applied to imports with a dumping margin not exceeding 2% of their export prices to Vietnam. If the volume or quantity of imports originating from a country does not exceed 3% of the total volume or