Legal Document Updates in English (33/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

31/2015/QD-TTg

Decision No. 31/2015/QD-TTg dated August 04, 2015 of the Prime Minister on allowances of luggage, personal effects, gifts and sample goods exempted from duty, considered for tax exemption or not subject to tax

 

Exempt from import duty for luggage with the total value is VND 10,000,000 (ten million) at most

Page 2

LABOR – SALARY

 

LABOR – SALARY

2

27/2015/TT-BLDTBXH

Circular No. 27/2015/TT-BLDTBXH dated July 24, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding for collecting, archiving and synthesizing the information of labor market

 

Collecting and processing information about labor supply and demand on July 1 of the same year

Page 2

3

63/2015/ND-CP

Decree No. 63/2015/ND-CP dated July 22, 2015 of the Government providing the policies towards redundant employment in accordance with the restructuring of state-owned one member limited companies

 

The policies on redundancy to employees in the company when restructuring the state companies

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

4

28/2015/QD-TTg

Decision No. 28/2015/QD-TTg dated July 21, 2015 of the Prime Minister on credit policy for households escaping poverty

 

Support to develop production and business for households escaping poverty

Page 3

NATURAL RESOURCES - ENVIRONMENT

 

NATURAL RESOURCES - ENVIRONMENT

5

54/2015/ND-CP

Decree No. 54/2015/ND-CP dated June 08, 2015 of the Government providing incentives for water conservation activities

 

Incentives for water conservation activities

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


EXEMPT FROM IMPORT DUTY FOR LUGGAGE WITH THE TOTAL VALUE
IS VND 10,000,000 (TEN MILLION) AT MOST
 

Luggage allowances of persons on entry such as liquor and alcoholic beverages, tobacco, personal belongings with the total value is VND 10,000,000 (ten million) at most shall be exempted from import duty is the important content prescribed at the Decision No. 31/2015/QD-TTg dated August 04, 2015 of the Prime Minister on allowances of luggage, personal effects, gifts and sample goods exempted from duty, considered for tax exemption or not subject to tax.

Also in accordance with this Decision, liquor and alcoholic beverages; liquor containing 22% or more of alcohol by content: 1.5 liters; liquor containing less than 22% of alcohol by content: 2 liters; alcoholic beverages, beer: 3 liters; cigarette: 200 cigarettes; cigars: 100 cigars; tobacco: 500 grams are luggage allowances exempted from import duty and not subject to excise tax and value-added tax of persons on entry; particularly, persons entering the country on a regular basis are entitled to the duty-free luggage allowances only once every 90 days, but not upon each entry.

Similarly, gifts entitled to duty-free treatment must be articles outside the list of goods prohibited or suspended from import or export and the list of excise tax-liable goods

 

(excluding gifts used for security and national defense purposes). Gifts given by foreign organizations or individuals to Vietnamese individuals; gifts given by Vietnamese organizations or individuals to individuals abroad valued at VND 2,000,000 (two million) at most or valued at more than VND 2,000,000 (two million) but subject to a total tax of under VND 200,000 (two hundred thousand) are exempted from import or export duty and not subject to value-added tax.

For automobiles (used or brand-new) imported for use during working time in Vietnam, 1 (one) automobile is import duty-free and not subject to excise tax and value-added tax. Used automobiles must be technically qualified for import in Vietnam as prescribed by law. Owners shall re-export their automobiles upon the end of their working time in Vietnam; if selling their automobiles to other organizations and individuals in Vietnam, they shall pay taxes and comply with regulations applicable to imported used automobiles. If wishing to have their used automobiles kept in Vietnam for use in the next working term, owners must have a written certification of a competent Vietnamese agency inviting them to work in the country.

This Decision takes effect on October 1, 2015.

Ü LABOR - SALARY


COLLECTING AND PROCESSING INFORMATION ABOUT LABOR SUPPLY AND DEMAND
ON JULY 1 OF THE SAME YEAR
 

On July 24, 2015, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 27/2015/TT-BLDTBXH guiding for collecting, archiving and synthesizing the information of labor market, defining that the time for collecting and processing information about labor supply and demand on is 30 days and from July 1 of every year.

Collecting contents include identification, including names, addresses, types and codes of the employers; main business lines; salaries; number of employees classified by genders, types, labor contracts, positions, education levels, and professional levels; number of employees recruited according to their professional competence.

 

Also in accordance with this Circular, the labor market information shall be announced publicly, on schedule in terms of each type of information and entity; means and methods for announcing labor market information include annual reports, websites and other publications. The labor market information announced is public property. Every organization or individual is equal to access to the announced labor market information. The announced labor market information shall be used honestly and stated origin of the information.

This Circular takes effect on September 10, 2015.


THE POLICIES ON REDUNDANCY TO EMPLOYEES IN THE COMPANY
WHEN RESTRUCTURING THE STATE COMPANIES
 

On July 22, 2015, the Government issued the Decree No. 63/2015/ND-CP dated July 22, 2015 of the Government providing the policies towards redundant employment in accordance with the restructuring of state-owned one member limited companies.

Accordingly, policies towards redundant employees that are recruited before April 21st, 1998 or before April 26th, 2002 by the time the competent agencies grant approval for the plans on labor arrangement or the Court begins the bankrupt procedures are such as male redundant employees from 55 years old to 59 years old and female redundant employees from 50 years old to 54 years old who have been paying social insurance for at least 20 years are eligible for retirement pension; retirement pension is not reduced due to premature retirement; a pension equivalent to 03-month salary shall be provided for every year of

 

retirement (regardless of odd months) and a pension equal to 01 month’s salary regulated by the Government shall be provided for every working year having social insurance.

If a employee is eligible for retirement but still has to pay the social insurance premiums for not more that 06 more months to be eligible for retirement pension, then the remaining amount shall be paid in lump sum by the State to the pension funds and death benefit funds to handle the retirement. The level of payment for the remaining amount shall be equivalent to the social insurance premium of the month before the resignation that is paid by the employee and employer multiplied the number of remaining months.

This Decree takes effect on September 15, 2015 and replaces the Decree No. 91/2010/ND-CP dated August 20th, 2010.

Ü FINANCE - BANKING


SUPPORT TO DEVELOP PRODUCTION AND BUSINESS
FOR HOUSEHOLDS ESCAPING POVERTY
 

The Prime Minister signed the Decision No. 28/2015/QD-TTg dated July 21, 2015 of the Prime Minister on credit policy for households escaping poverty, prescribing credit loans from the Bank for Social Policies for household escaping poverty to develop production and business in order to have a stable life and make sustainable poverty reduction.

Households escaping poverty includes households that used to be poor, households living near poverty which have annual per capita income higher than the standard of households living near poverty through investigation and review, are recognized by the People’s Committees of communes and of which names have been deleted from the list of poor households, households living near poverty for a maximum of 3 years. The lending interest rate applied to

 

households escaping poverty is equal to 125% of the lending interest rate applied to poor households defined in each period, overdue loans shall be charged at the rate of 130% of lending interest rate.

Loan size shall be agreed by the Bank for Social policies and households escaping poverty which does not exceed the loan size of the same type for production and business for poor households stipulated in each period. Loan term shall be agreed by the Bank for Social Policies and households escaping poverty based on production, business cycle and solvency customers which shall be within 5 years.

This Decision takes effect on September 5, 2015 and is made disbursement to the end of December 31, 2020.

Ü  NATURAL RESOURCES - ENVIRONMENT


INCENTIVES FOR WATER CONSERVATION ACTIVITIES
 

On June 08, 2015, the Government issued the Decree No. 54/2015/ND-CP providing incentives for water conservation activities, accordingly, water conservation means the application of measures and technologies to recirculate or reuse water, collect rainwater and turn brackish water and saline water into freshwater for use, or to reduce the water volume used for production, business and residential activities.

The Decree prescribes that incentives for manufacture and import of water conservation products, equipment and technologies shall be for those who manufacture water conservation products, equipment and technologies and they will be eligible for soft loans in accordance with the law on the State’s investment credit; enterprise income tax exemption or reduction for the income earned from manufacture of water conservation products, equipment and technologies in accordance with the law on taxes. Organizations’ building new work items or renovating and upgrading existing ones so as to collect and treat wastewater up to national technical regulations on water quality relevant to the reuse purposes with a capacity of at least 40 m3/day, and using at least 80% of the volume of treated wastewater for their activities and organizations’ building new water recirculation works or renovating, upgrading or making in-depth investment in, existing ones for their activities with a capacity of at least 500 m3/day, excluding recirculating cooling systems and other wate

 

recirculation systems belonging to production processes and technologies are eligible for incentives.

At the same time manufacture and import of water conservation products, equipment and technologies such as organizations’ and individuals’ manufacturing water conservation products, equipment and technologies meeting water conservation criteria issued by competent state agencies and organizations’ and individuals’ importing domestically unavailable advanced water conservation products, equipment and technologies meeting water conservation criteria issued by competent state agencies.

Incentives are also applied to the organizations’, households’ and individuals’ applying water-conserving irrigation technologies and measures in agricultural production, meeting water conservation criteria issued by competent state agencies, with a scale of at least 0.5 hectare, for wet rice, or at least 1 hectare, for upland crops. Organizations’ building rainwater collection and storage systems with a capacity of at least 500 m3 to serve residential activities in border areas, islands and areas facing freshwater scarcity; or households’ and individuals’ building rainwater collection and storage systems with a capacity of at least 5 m3 to serve residential activities in mountainous, ethnic minority and border areas, islands and areas with socio-economic difficulties or particularly socio-economic difficulties or areas facing freshwater scarcity.

This Decree takes effect on August 01, 2015.

 

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