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In This Updates: |
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ENTERPRISE |
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ENTERPRISE |
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Decree No. 108/2018/ND-CP dated October 10, 2018 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on enterprise registration |
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Changes in the enterprise registration procedures from October 10 |
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FINANCE – BANKING |
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FINANCE – BANKING |
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Circular No. 19/2018/TT-NHNN dated August 28, 2018 of the State Bank of Vietnam on guiding the foreign exchange management with regard to Vietnam-China border trade activities |
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To allow Chinese Yuan when making a payment at Vietnam - China border |
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Circular No. 63/2018/TT-BTC dated July 30, 2018 of the Ministry of Finance guiding a number of articles of the Decree No. 70/2018/ND-CP of the Government dated May 15, 2018 regulating the management… |
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To remit all proceeds from the sale of public property to the State Treasury
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EXPORT – IMPORT |
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EXPORT – IMPORT |
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Decision No. 1919/QD-TCHQ dated June 28, 2018 of the General Department of Customs on procedures for tax exemption, tax reduction, tax fund, tax cancellation, overpaid taxes associated with exported and imported goods |
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To refund overpaid duty refund within 05 days |
Page 3 |
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5 |
Decision No. 1921/QD-TCHQ dated June 28, 2018 of the General Department of Customs on issuing the procedures for classification of commodities and imposition of tax rates on imports and exports |
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Procedures for inspection of commodity at the customs clearance stage |
Page 3 |
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POLICIES |
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POLICIES |
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Resolution No. 110/NQ-CP dated August 25, 2018 of the Government on a number of key solutions to mechanism and policy problems in construction investment activities |
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To amend the Land Law to be consistent with the Law on Investment |
Page 3 |
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AGRICULTURE - FOREST |
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AGRICULTURE – FOREST |
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Decree No. 83/2018/ND-CP dated May 24, 2018 of the Government on agricultural extension |
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Many supports for technology transfer in agriculture |
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SUMMARY:
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CHANGES IN THE ENTERPRISE REGISTRATION PROCEDURES
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On August 23, 2018, the Government issues the Decree No. 108/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on enterprise registration. According to this Decree, there are some changes in the enterprise registration from October 10, 2018 as follow: - To supplement the provision: Enterprises are not required to append their seals in written requests for enterprise registration, notices of change in enterprise registration contents, resolutions, decisions, or minutes of meetings in the enterprise registration dossiers. - To supplement the provision: A power of attorney for the person carrying out enterprise registration procedures, which is not required to be notarized or certified. |
- Not require the valid copy of the company charter or an equivalent document in the enterprise registration dossier for a single-member limited liability company in case the company owner is an institution. - To supplement the provision on registration for establishment of enterprises transformed from business households. Accordingly, the dossier includes the original of the business household registration certificate, a valid copy of the tax registration certificate and other papers depending on the type of the enterprise. The enterprise registration certificate shall be granted within 2 working days. - To annul the provision: An enterprise is only allowed to locate the business location in the province or centrally run city where the branch is located. This Decree takes effect on October 10, 2018. |
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The foreign exchange management with regard to Vietnam - China border trade activities is guided by the State Bank of Vietnam at the Circular No. 19/2018/TT-NHNN dated August 28, 2018. Accordingly, payment currencies used in cross- Vietnam - China border goods and service trading and exchange activities will be freely convertible foreign currencies, Vietnam dong (VND) or Chinese Yuan (CNY). With regards to payment modes, using via-bank payment method, by VND in cash or CNY in cash. Vietnamese traders may receive VND in cash or CNY in cash from export of goods through secondary border-gates, |
border passages under provisions of law on border trade activities and remit into payment accounts at border bank branches. Within that, revenue in cash from every contract on export of goods via secondary border gate, border passage can be remitted into only one payment account (in VND or CNY) opened at a border bank branch. When remitting cash into accounts, Vietnamese traders shall produce vouchers and take responsibility before law for the truthfulness of assorted papers, vouchers produced to border bank branches. This Circular takes effect on October 12, 2018. |
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This is one of the contents of the Circular No. 63/2018/TT-BTC dated July 30, 2018 guiding the Decree 70/2018/ND-CP on the management and use of property formed through implementation of scientific and technological tasks using the State capital. Specifically, within 03 working days since organizations and individuals paid the purchase, agencies assigned to manage scientific and technological tasks shall remit the total proceeds into an imprest account at the State Treasury |
which held by the agency assigned to managing public property. Within 30 days since the proceeds from the sale of the property be remitted into the imprest account, agencies assigned to manage scientific and technological tasks shall be responsible to sum up and appraise the expenses related to the sale of property. In case of overdue payment, the purchaser must be paid the fine for late payment. This Circular takes effect on September 15, 2018. |
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The procedures for tax exemption, tax reduction, tax fund, tax cancellation, overpaid taxes associated with exported and imported goods is issued with the Decision No. 1919/QD-TCHQ of the General Department of Customs. On refund of overpaid duties, this Decision prescribes that within 05 working days from the date on which a claim for refund of overpaid duties filed by a taxpayer is received, the customs authority shall issue a decision on refund of overpaid duties. In case of ineligibility for refund of overpaid duties, the customs authority shall give a notification to the taxpayer. |
After issuing such a decision on refund of overpaid duties, the customs authority may undertake an inspection visit to the taxpayer’s premises, if necessary, in conformity with procedures for post-customs clearance inspections. Also in accordance with this Decision, export duty cancellation associated with imported goods to be returned abroad, re-exported to a third country, re-exported to free trade zone; import duty cancellation associated with exported goods to be returned to Vietnam. This Decision is issued on June 28, 2018 and takes effect on July 12, 2018. |
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On June 28, 2018, the General Department of Vietnam Customs issues Decision No. 1921/QD-TCHQ on the procedures for classification of commodities and imposition of tax rates on imports and exports including procedures and documentation requirements for handling of complaints arising from the results of analysis and classification of the goods. In case the customs declarant has a dissenting opinion about the classification results, he/she should lodge his/her complaint about the Notification of the classification results with the General Department of Vietnam Customs, follow the prescribed procedures and documentation requirements relating to handling of complaints in accordance with the Law on Complaints. If the customs declarant has a dissenting opinion about the analysis results given in the Notification of the classification |
results, the inspecting body shall gives the written explanation or enters into a direct conversation with the customs declarant to clarify the analysis results that it has already issued. If the customs declarant still disagrees, the inspecting body shall report to the leadership of the General Department of Customs and request them to allow splitting a part of the sample remaining within the storage duration in order for the customs declarant to send it for the assessment. If the customs declarant provides the assessment results within a duration of 30 days from the date of splitting of the samples, the inspecting body shall judge the assessment results (without any conversation with the assessment body or organization). This Decision takes effect on the signing date. |
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Ü POLICIES
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This content is prescribed by the Resolution No. 110/NQ-CP dated August 25, 2018 of the Government on a number of key solutions to mechanism and policy problems in construction investment activities. In particular, the Government assigns The Ministry of Natural Resources and Environment to take charge and cooperate with the related ministries, branches and agencies to draft the Law on amending and supplementing a number of articles of the Land Law along the direction of agreeing on delayed implementation of the land evicted project between the Land Law and Law on Investment. This Ministry also hold responsibility to study and propose amendments and supplements to the Law on |
Environmental Protection along the direction of concurrently carrying out procedures for evaluating environmental impact assessment reports with project evaluation procedures, construction design appraisals…According to this Resolution, the Government also emphasizes that it will strictly and promptly discipline organizations, individuals, leaders, state officers and staffs who violate the provisions of law and deliberately hindering, causing difficulties or delaying the execution of projects or construction investment works; promptly replace inadequate, moral degeneracy, negative and corrupt state officers and staffs … |
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On May 24, the Government issues the Decree No. 83/2018/ND-CP on agricultural extension, prescribes on many supporting policies for technology transfer in agriculture through agricultural extension activities. Accordingly, technology transferees and technology transferors are supported up to 100% of expenses for training materials, meals, travel and accommodations when participating in training or refresher training courses in agricultural extension and survey or study tours. Lecturers, lecturing assistants, tour guides and class organizers may enjoy 100% of entitlements under current regulations. Concurrently, the State budget will provide support equal up to 100% of funds required for broadcasts on agricultural extension in the mass media, publishing of agricultural |
extension magazines, documents and publications, organization of agricultural extension events. Technology transferors and transferees may enjoy support to cover expenses for documents, travel, meals and accommodations when participating in agricultural extension events. Also in accordance with this Decree, organizations and individuals participating in the socialization of agricultural extension activities and technology transfer in agriculture shall be honored for, advertise and introduce, their products; shall be guided and assisted when participating in agricultural extension and technology transfer activities in agriculture… This Decree takes effect on July 10, 2018. |
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