Legal Document Updates in English (34/2018)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

39/2018/TT-BTC

Circular No. 39/2018/TT-BTC dated April 20, 2018 of the Ministry of Finance on amending the Circular No. 38/2015/TT-BTC dated May 25, 2015 on customs procedures, customs supervision and inspection, export tax, import tax, and tax administration applied to exported and imported goods

 

Since June 05, the tax late payment interest rate is 0.03% per day

Page 2

LABOR – SALARY  

 

LABOR - SALARY

2

68/2018/TT-BTC

Circular No. 68/2018/TT-BTC dated August 06, 2018 of the Ministry of Finance guiding the determination of demands, funding sources and methods of payment for application of the base salary according to the Decree No. 72/2018/ND-CP dated May 15, 2018 and the adjustment of monthly retirement pensions and allowances of commune’s officers according to the Government’s Decree No. 88/2018/ND-CP dated June 15, 2018

 

Guiding on salary increase for official staffs in 2018

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

38/2018/QD-TTg

Decision No. 38/2018/QD-TTg dated September 05, 2018 of the Prime Minister on amending the Prime Minister’s Decision No. 35/2015/QD-TTg of August 20, 2015, amending and supplementing Decision No. 02/2012/QD-TTg of January 13, 2012, promulgating the list of essential goods and services subject to registration of contract forms and general transaction terms

 

Open ATM card no longer need to register by contract form

Page 2

SCIENCE – TECHNOLOGY

 

SCIENCE – TECHNOLOGY

4

02/2018/TT-BKHCN

Circular No. 02/2018/TT-BKHCN dated May 15, 2018 of the Ministry of Science and Technology on prescribing the regime of reporting on performance of contracts on transfer of technologies on the list of technologies restricted from transfer; forms of documents used in grant of technology transfer licenses and registration of extension, modification or supplementation of technology transfer content

 

To issue forms of documents for granting technology transfer License

Page 3

AGRICULTURE – FORESTRY

 

AGRICULTURE - FORESTRY

5

109/2018/ND-CP

Decree No. 109/2018/ND-CP dated August 29, 2018 of the Government on organic agriculture

 

Many supports for households that produce organic products

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


SINCE JUNE 05, THE TAX LATE PAYMENT INTEREST RATE IS 0.03% PER DAY
 

On April 20, 2018, the Ministry of Finance issues the Circular No. 39/2018/TT-BTC on amending the Circular No. 38/2015/TT-BTC dated May 25, 2015 on customs procedures, customs supervision and inspection, export tax, import tax, and tax administration applied to exported and imported goods.

This Circular prescribes: Late payment interest = late payment interest rate multiplied by (x) late payment days x amount payable.

Within that, the late payment interest rate is 0.03% per day on the amount payable, instead of the rate 0.05% per day as prescribed at the Circular No. 38/2015/TT-BTC.

Late payment interest shall be charged in the following cases:

 

 

- Tax is paid behind the initial deadline, extended deadline, deadline written in the tax imposition decision or tax decision issued by a competent authority;

- Payment of tax arrears due to understatement of tax payable or overstatement of tax exemption, tax reduction or tax refund;

- Tax is paid by installments;

- The exports or imports are granted customs clearance or conditional customs clearance under a guarantee as prescribed in Article 9 of the Law on Export and import duties

This Circular takes effect on June 05, 2018.

Ü LABOR - SALARY


GUIDING ON SALARY INCREASE FOR OFFICIAL STAFFS IN 2018
 

The Circular No. 68/2018/TT-BTC guiding the determination of demands, funding sources and methods of payment for application of the base salary according to the Decree No. 72/2018/ND-CP issued by the Ministry of Finance on August 06, 2018.

In Ministries and central agencies, the funding sources are allocated as follows:

- Use the source of salary reform of 2017 is not used up until 2018 (if any);

- Use at least 40% of retained revenues of 2018 (after adjustment of the base salary from VND 1.2 million/month to 1.3/month);

- Sources of saved regular expenditure associated with implementation of renovating solutions and reorganizing apparatus of the political system.

 

In central provinces and cities, funding sources are allocated as follows:

-  Use of 10% of saved regular expenditures estimates in 2018 increase over the 2017 estimates;

- Use 50% of local budget revenue sources over the 2017 budget assigned by the Prime Minister;

-  Use the source of salary reform of 2017 is not used up until 2018 (if any);

-  Use the remaining money (if any) after ensuring the requirement of adjusting the base salary to VND 1.300.000 per month.

The central budget will supplement the lack of funding for disadvantaged localities after using the above sources.

This Circular takes effect on September 19, 2018.

Ü FINANCE - BANKING


OPEN ATM CARD NO LONGER NEED TO REGISTER BY CONTRACT FORM
 

On September 5, 2018, the Prime Minister issues Decision No. 38/2018/QD-TTg on amending the Prime Minister’s Decision No. 35/2015/QD-TTg of August 20, 2015, amending and supplementing Decision No. 02/2012/QD-TTg of January 13, 2012, promulgating the list of essential goods and services subject to registration of contract forms and general transaction terms.

 

According to this Decision, issuance of domestic debit cards, opening of payment accounts, and use of payment account services (for individual clients) and provision of personal loans (consumer loans) are no longer in the List of services subject to registration of contract forms and general transaction terms.

This Decision takes effect on October 22, 2018.

Ü  SCIENCE - TECHNOLOGY


TO ISSUE FORMS OF DOCUMENTS
FOR GRANTING TECHNOLOGY TRANSFER LICENSE
 

According to the Circular No. 02/2018/TT-BKHCN dated May 15, 2018 of the Ministry of Science and Technology on prescribing the regime of reporting on performance of contracts on transfer of technologies on the list of technologies restricted from transfer; forms of documents used in grant of technology transfer licenses and registration of extension, modification or supplementation of technology transfer content:

A report on performance of contracts on transfer of technologies on the list of technologies restricted from transfer must be sent to the Ministry of Science and Technology before December 31 of the reporting year and reporting data must be collected from December 15 of the

 

preceding year to the end of December 14 of the reporting year.

Reports must be made in writing, including paper and electronic versions, within that the electronic version must be made in portable document format (.pdf). Paper reports shall be sent directly or by post, electronic reports shall be sent to the email address: [email protected].

Besides, this Circular also issues forms of documents such as: Form of application for approval of technology transfer; Form of explanatory note on technology; Form of application for grant of technology transfer license; Form of technology transfer license…

This Circular takes effect on July 01, 2018.

Ü  AGRICULTURE - FORESTRY


MANY SUPPORTS FOR HOUSEHOLDS THAT PRODUCE ORGANIC PRODUCTS
 

The Decree No. 109/2018/ND-CP on organic agriculture is issued by the Government on August 29, 2018, prescribes detail about special policies to support small-sized enterprises, cooperatives, farms, households and groups of households that produce organic products.

Specifically, small-sized enterprises, cooperatives, farms, households and groups of households that produce organic products are entitled to:

- To provide support equal to 100% of funds approved by competent authorities for identifying areas or regions eligible for organic production (including baseline survey, topographic survey, analysis of soil, water and air samples…);

- To provide only once support equal to 100% of funds for grant or re-grant of certificate of products up to national organic agriculture standards by certification organizations;

 

- To support training on organic production: norms of support must comply with the Government’s regulations on agricultural extension;

- To support the formulation and multiplication of organic production models up to national standards, within that, norms of support funds for pest-resistant crop varieties, organic fertilizers, biological plant protection drugs… under the Government’s regulations on agricultural extension.

Funding sources for implementation include: The state budget; Funds incorporated in target programs, national target programs and other programs or projects; Financial aid of domestic and foreign organizations and individuals…

This Decree takes effect on October 15, 2018.

 

 

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