Legal Document Updates in English (35/2020)

CHARGE COLLECTOR MAY RETAIN 50%
OF THE COLLECTED CHARGE AMOUNT TO SERVE ITS OPERATION

On May 04, 2020, the Ministry of Finance promulgates the Circular No. 31/2020/TT-BTC on amending and supplementing a number of Articles of the Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on providing for rate, collection, remittance, management and use of industrial property fees and charges.

Accordingly, the charge collector may only retain 50% of the collected amount of charges to pay the costs serving its operation, instead of 85% of the collected charge amount as in previous regulations. The remaining 50% shall be remitted to the state budget as prescribed. Besides, the

Ministry of Finance also adds the provision on charge for international registration of an industrial design having origin in Vietnam. Charge for international registration of a mark having origin in Vietnam, excluding charges must be paid to the international office is VND 02 million.

In addition, to supplement the provision on charges and fees for industrial property as follow: In case where international treaty to which Vietnam is a party contains provisions on industrial property fees different from this Circular, such treaty provisions shall be applied.

This Circular takes effect on July 01, 2020.

09 ALLOCATION PRINCIPLES OF PUBLIC INVESTMENT USING STATE BUDGET

On July 08, 2020, the Standing Committee of the National Assembly promulgates the Resolution No. 973/2020/UBTVQH14 regulating the principles, criteria and norms of allocating public investment using state budget for the period 2021-2025.

In accordance with this Resolution, general principles of allocating public investment using state budget as follows: To comply with the Law on Public Investment, the Law on the State Budget; To ensure the centralized and unified management of objectives, mechanisms and policies; In suitability with the ability to balance investment capital from the state budget in the 5-year financial plan, ensuring macro balances and safety of public debt; To allocate non-dispersed, non-spread, concentrated investment capital.

Besides, public investment capital from central budget allocated to tasks, programs and projects belonging to the investment spending tasks of the central budget shall comply with the law on state budget. A maximum of 30% is reserved for targeted supplementation for localities and allocated according to sectors, fields, excluding capital from projects under the National Target Program and ODA and concessional loans of foreign donors.

In addition, the remaining capital amount is allocated to ministries and central agencies according to branches and fields; to national target programs, important national projects, connection programs, projects, etc.

This Resolution takes effect on the signing date.

INSTRUCTION FOR REPORTING REGIME
IN THE FIELD OF INDEPENDENT ACCOUNTING AND AUDITING

On May 15, 2020, the Ministry of Finance promulgates the Circular No. 40/2020/TT-BTC on instruction for reporting regime in the field of independent audit and accounting as prescribed in the Decree No. 174/2016/ND-CP dated December 30, 2016 of the Government on detailing a number of articles of the Accounting Law and the Decree No. 17/2012/ND-CP dated March 13, 2012 of the Government on detailing and guiding the implementation of a number of articles of the Law on Independent Audit.

To be specific, the time limit for sending the report of implementing the contract on providing cross-border accounting services is no later than July 31 of the reporting year for the report of the first 06 months; no later than January 31 of the next year for the report of the last 06 months. In additions, the period for closing report data of the first 06 months is from January 01 to June 30 of the reporting year and the period for closing report data of the last 06 months is from July 01 to December 31 of the reporting year.

Contents periodic report on operation of the partnership with foreign auditing service enterprises on providing cross border auditing services includes: Information of partnership parties; the List of auditing practitioners assigned for tasks under responsibility of each party in the contract of providing accounting services; the List of contracts on providing cross-border auditing services engaged in 06 months period;

Moreover, the Ministry of Finance also guides the methods of sending and receiving the report; report makers and recipients; frequency of the report; model outline of the report; form of periodic report data on providing cross border accounting and auditing services, etc.

This Circular takes effect from July 01, 2020.

FROM OCTOBER 15, TO RAISE THE FINE FOR TRADING COUNTERFEIT GOODS
TO VND 400 MILLION MAXIMUM

The Government issues the Decree No. 98/2020/ND-CP providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights on August 26, 2020.

This Decree stipulates that the maximum fine level in the field of commerce and protection of consumer rights is VND 100,000,000 and VND 200,000,000 in the field of production of and trading in counterfeit and banned goods, for an individual. The fine level applied to an organization is double the fine level applied to an individual, is VND 200,000,000 in the field of commerce and protection of consumer rights and VND 400,000,000 in the field of production of and trading in counterfeit and banned goods, respectively.

To be specific: Individuals trading goods with counterfeit use-value or use shall be fined from VND 01 million to 70 million, depending on the value of counterfeit goods compared to the authentic goods value. For the acts of trading counterfeit goods being foods, cosmetics and medical stuffs, etc., a fine doubling the above fine shall be imposed.

For acts of producing counterfeit goods, a maximum fine to be imposed is VND 100 million for an individual. Similarly, the maximum fine of VND 200 million shall be imposed if such goods are foods, cosmetics and medical stuffs.

A fine of between VND 500,000 and VND 1,000,000 shall be imposed on acts of selling or supplying liquors or beers to persons under 18 years old. In case of selling liquors and beers using vending machines; employing persons under 18 years old in direct production or sale of liquors and beers, a fine of between VND 3,000,000 and VND 5,000,000 shall be imposed.

The Decree also prescribes fine levels for acts of trading in banned services, hoarding and speculating in goods; trade promotion and acts of violation in e-commerce, etc.

This Decree takes effect on October 15, 2020.

THE TRADER MUST SUBMIT ITS FINALIZATION REPORT
WITHIN 90 DAYS AFTER THE END OF THE FISCAL YEAR

On August 28, 2020, the Government promulgates the Decree No. 100/2020/ND-CP on duty free business.

In accordance with this Decree, annually, a duty free trader shall submit its finalization report on sale of duty-free goods in the fiscal year on the 90th day after the end of the fiscal year at the latest at the customs branch managing duty free shops, duty free warehouses. The customs branch shall examine finalization report of the trader after receiving it. Within 05 working days after completing the examination, the customs agency shall notify the examination results to the examined trader.

In addition, the trader shall make a record of destroyed goods, sample goods and goods for trial use, bags and

wrappings imported for duty-free goods package. No later than the 7th working day of a month, the trader shall summarize statistics of sample goods, goods for trial use, bags and wrappings imported for duty-free goods package which have been used and which are left in the previous month and submit them to the electronic data processing system.

Besides, a person on entry at international airports shall be responsible for declaring and paying duty and submitting relevant documents to the customs agency when purchasing duty-free goods in excess of duty free allowances.

This Decree takes effect on October 15, 2020.

PERSON BEING QUARANTINED AT HOTELS MUST PAY FOR STAYING COSTS

On March 20, 2020, the Ministry of Health issues the Decision No. 1246/QD-BYT on promulgating the “Interim Guidance on concentrated quarantine at paid quarantine hotels in the prevention and control of COVID-19 epidemic”.

Accordingly, this Decision applies to: Persons under medical quarantine at concentrated quarantine establishment who wish to be quarantined at hotel in the same area and are willing to pay costs for staying and using related services of such hotels; Persons who are separated for concentrated quarantine at border gates and airports, wish to be quarantined at hotels and are willing to pay costs for staying and using related services of such hotels.

Hotels are required to serve only for the purpose of quarantine for the COVID-19 prevention and control, not for other purposes, and must ensure to provide essential living conditions such as electricity, water, toilet, and bathroom; ensure to satisfy requirements on ventilation, security and safety and be convenient for traveling.

The quarantine period is 14 days from the day of entry or from the day of last contacting with the suspected cases of infection, including the time of quarantine in the concentrated quarantine establishment.

This Decision takes effect on the signing date.

TO THE END OF SEPTEMBER 30, THE MINIMUM PRICE
OF SOME SPECIALIZED AVIATION SERVICES IS VND 0

On September 01, 2020, the Ministry of Transport promulgates the Circular No. 19/2020/TT-BGTVT on prescribing price rates and price frames for a number of specialized aviation services at Vietnam airports and airfields from March 01, 2020 until the end of September 30, 2020.

Accordingly, from March 01, 2020 until the end of September 30, 2020, the price rate of the aircraft takeoff and landing service and the price of the service of arrival and departure flight administration for domestic flights shall be equal to 50% of the price rate of the aircraft takeoff and landing

service and the price of the service of arrival and departure flight administration prescribed in the Circular No. 53/2019/TT-BGTVT dated December 31, 2019.

In the same period, price frames for the specialized aviation services in the list prescribed in Clauses 2 and 3, Article 1 of the Circular No. 53/2019/TT-BGTVT shall be the price frames in which the minimum prices shall be VND 0 and the maximum prices shall comply with regulations in the Circular No. 53/2019/TT-BGTVT.

This Circular takes effect on October 20, 2020.