Legal Document Updates in English (36/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

140/2015/TT-BTC

Circular No. 140/2015/TT-BTC dated September 03, 2015 of the Ministry of Finance amending and supplementing a number of articles of the Circular No. 124/2011/TT-BTC dated August 31, 2011 of the Ministry of Finance guiding registration fee

 

To exempt from registration fee for clean-energy operated public transport buses

Page 2

2

131/2015/TT-BTC

Circular No. 131/2015/TT-BTC dated August 27, 2015 of the Ministry of Finance amending the preferential import tax rates imposed on synthetic staple fibers of polyesters of HS code 5503.20.00 in preferential import tariff table issued together with Circular No. 164/2013/TT-BTC

 

To increase the import tax for synthetic staple fibers to 2%

Page 2

3

92/2015/TT-BTC

Circular No. 92/2015/TT-BTC dated June 15, 2015, guidelines for vat and personal income tax incurred by residents doing business, amendments to some articles on personal income tax of the Law No. 71/2014/QH13 on the amendments to tax Laws and the Government's Decree No. 12/2015/ND-CP on guidelines for the Law on the amendments to tax Laws and Decrees on taxation

 

People processing house or land use right at least 183 days is exempt from PIT when transferring real estate

Page 2

TRANSPORT

 

TRANSPORT

4

29/2015/TT-BGTVT

Circular No. 29/2015/TT-BGTVT dated July 06, 2015 of the Ministry of Transport providing the issuance and use of international driving permits

 

Validity duration of international driving permits is 3 years

Page 3

EXIT – ENTRY

 

EXIT - ENTRY

5

31/2015/TT-BCA

Circular No. 31/2015/TT-BCA dated July 06, 2015 of the Ministry of Public Security guiding a number of contents on grant of visas, temporary residence cards, exit and entry permits and permanent residency for foreigners in Vietnam

 

To shorten the time for granting the exit and entry permits to 5 working days

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


TO EXEMPT FROM REGISTRATION FEE
FOR CLEAN-ENERGY OPERATED PUBLIC TRANSPORT BUSES
 

This is one of the most important contents prescribed at the Circular No. 140/2015/TT-BTC dated September 03, 2015 of the Ministry of Finance amending and supplementing a number of articles of the Circular No. 124/2011/TT-BTC  dated August 31, 2011 of the Ministry of Finance guiding registration fee.

Accordingly, besides some exemptions from registration fee such as houses and residential land of poor households: houses and residential land of ethnic minority people in communes, wards and townships in difficulty-hit regions;  inland waterway craft without motors and with a gross tonnage of up to 15 tons; inland waterway craft with motor and total main engine capacity of up to 15 horse power (CV); houses and land of which ownership or use rights are

 

registered with a competent state agency by establishments carrying out socialized activities in the fields of education and training, vocational training, culture, sports and physical training and environment;  houses and land of which house ownership rights or land use rights are registered by non public establishments operating in the fields of education and training, healthcare, culture…from October 20, 2015, to exempt from registration fee for clean-energy operated public transport buses.

Within that, clean-energy operated buses exempt from registration fee are buses that use LP gas, natural gas, power as alternative to petroleum, oil meeting technical standards as prescribed by the Ministry of Transport.

This Circular takes effect on October 20, 2015.


TO INCREASE THE IMPORT TAX FOR SYNTHETIC STAPLE FIBERS TO 2%
 

On August 27, 2015, the Ministry of Finance issued the Circular No. 131/2015/TT-BTC dated August 27, 2015  of the Ministry of Finance amending the  preferential import tax rates imposed on synthetic staple fibers of polyesters of HS code 5503.20.00 in preferential import tariff table issued together with Circular No. 164/2013/TT-BTC.

Accordingly, from October 11, 2015, the preferential import tax rates imposed on synthetic staple fibers of polyesters is

 

formally increased to 2% instead of 0% as in previous regulations. For  synthetic staple fibers, not carded, combed or otherwise processed for spinning of nylon or other polyamides; of aramids; acrylic or modacrylic; of polypropylene…, the import tax rates have no changes with the level of 0% as in current regulations.

This Circular takes effect on October 11, 2015.


PEOPLE PROCESSING HOUSE OR LAND USE RIGHT AT LEAST 183 DAYS
IS EXEMPT FROM PIT WHEN TRANSFERRING REAL ESTATE
 

On June 15, 2015, the Ministry of Finance issued the Circular No. 92/2015/TT-BTC on guidelines for vat and personal income tax incurred by residents doing business, amendments to some articles on personal income tax of the Law No. 71/2014/QH13 on the amendments to tax Laws and the Government's Decree No. 12/2015/ND-CP on guidelines for the Law on the amendments to tax Laws and Decrees on taxation.

In case transfer of real estate is exempt from personal income tax beside the case that people processing house or land use right at least 183 days is exempt from PIT when transferring real estate, the house or land use right has been possessed for at least 183 days before they are transferred. The time for determine the house ownership or land use right is the date of the certificate of land use right, ownership of house and other property on land. In case the certificate is reissued or replaced under regulations of law land, the time for determine the house ownership or land

 

 

use right is the date of the certificate of land use right, ownership of house and other property on land before reissuance or replacement.

Another important contents is the regulation on incomes exempted from tax; in particular, incomes from wages and remunerations of Vietnamese crewmembers from working for foreign shipping companies of Vietnamese shipping companies that provide international transport services and incomes of individuals being ship owners or individuals having the right to use the ships from provision of goods/services directly serving offshore fishing shall be exempted and is applied to the tax period 2015 onwards.

Securities transferee shall pay 0.1% tax on the price of each transfer and tax on real estate transfer is 2% of the transfer price or sublease price.

This Circular comes into force from July 30, 2015 and is applied to the tax period 2015 onwards.

Ü TRANSPORT


VALIDITY DURATION OF INTERNATIONAL DRIVING PERMITS IS 3 YEARS
 

The Ministry of Transport issued the Circular  No. 29/2015/TT-BGTVT dated July 06, 2015 providing the issuance and use of international driving permits for Vietnamese and foreigners having permanence residence cards granted by Vietnam, who have obtained Vietnam’s domestic driving permits which are made of polyethylene terephthalate (PET) and remain valid.

IDPs issued by Vietnam are not valid in the Vietnamese territory. An IDP is a booklet in format A6 (148 cm x 106 cm) with a security sign, grey cover page and white inside pages; the first page (cover page) contains basic information on the IDP in Vietnamese and English. An IDP must be valid for a duration of no more than 3 years from the date of issue corresponding to the remaining validity duration of the relevant domestic driving permit. When

 

 

operating motor vehicles in the territories of contracting states to the Vienna Convention, holders of IDPs issued by Vietnam shall bring along their IDPs and domestic driving permits and abide by traffic laws of host countries.

The applicant shall submit an application for an IDP directly to the Vietnam Road Administration or a provincial-level Transport Department for checking its accuracy and lawfulness. In case the application is improper, upon receipt thereof, the receiving agency shall guide the applicant to modify it; within 5 working days after receiving the application, the Vietnam Road Administration or the provincial-level Transport Department shall issue an IDP to the applicant; in case of refusal, it shall issue a reply clearly stating the reason.

This Circular takes effect on October 01, 2015.

Ü EXIT - ENTRY


TO SHORTEN THE TIME FOR GRANTING THE EXIT AND ENTRY PERMITS TO 5 WORKING DAYS
 

From August 20, 2015, the time for granting the exit and entry permits is shortened from 6 working days to 05 working days is the important content prescribed at the Circular No. 31/2015/TT-BCA dated July 06, 2015 of the Ministry of Public Security guiding a number of contents on grant of visas, temporary residence cards, exit and entry permits and permanent residency for foreigners in Vietnam.

The validity duration of an exit and entry permit is 3 years; lost or damaged permits may be considered for re-grant. . A dossier for re-grant of exit and entry permits includes an application for grant or re-grant of an exit and entry permit; a copy of the permanent residence card enclosed with its original for comparison, if the applicant has been granted a permanent residence card; the applicant’s written explanation on his/her period of temporary residence in Vietnam containing the certification of the police office of the commune, ward or township where he/she resides, for stateless persons not yet granted permanent residency; the granted exit and entry permit, for cases of applying for re-grant of damaged permits…..

 

Also in accordance with this Circular, a foreigner eligible for grant of temporary residence cards as shall, via the agency, organization or individual having invited or sponsored him/her to the country, carry out procedures at the Immigration Management Department or the immigration office under the provincial-level Public Security Department of the locality where the inviting or sponsoring agency, organization or individual is headquartered or resides. The validity duration of a temporary residence card must comply with the foreigner’s entry purposes as well as the request of the inviting or sponsoring agency, organization or individual. The validity duration of a temporary residence card granted to a foreigner will be between 1 and 5 years but must be at least 30 days shorter than the validity duration his/her passport.

This Circular replaces the Minister of Public Security’s Circular No. 45/2011/TT-BCA of June 29, 2011 and takes effect on August 20, 2015.

 

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