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In This Updates: |
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FINANCE – BANKING |
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FINANCE – BANKING |
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* Gamblers allowed paying by bank cards in a casino |
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Circular No. 89/2017/TT-BTC dated August 23, 2017 of the Ministry of Finance guiding the implementation of a number of articles of the Decree No. 35/2017/ND-CP dated April 03, 2017 of the Government prescribing the collection of land use levy, land rental and water surface rental in economic zones and hi-tech zones |
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* Principles in exemption and reduction of land rental in economic zones |
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NATURAL RESOURCES – ENVIRONMENT |
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NATURAL RESOURCES - ENVIRONMENT |
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Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on alcohol trade |
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* Prohibit selling alcohol to people under the age of 18 |
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Circular No. 31/2017/TT-BTNMT dated September 27, 2017 of the Ministry of Natural Resources and Environment on the promulgation of National technical regulation on environment |
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* National technical regulation on effluent discharged from the cassava starch processing factories |
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ADMINISTRATIVE VIOLATIONS |
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ADMINISTRATIVE VIOLATIONS |
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Decree No. 97/2017/ND-CP dated August 28, 2017 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations |
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* Handling of material evidences for commission of administrative violations |
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SUMMARY:
Ü FINANCE - BANKING
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This content is prescribed at the Circular No. 10/2017/TT-NHNN guiding the foreign exchange management for casino business issued by the State Bank of Vietnam on August 30, 2017. In particular, A casino enterprise may accept bank cards of gamblers for exchange for tokens when they play prize-winning games in a casino. It may only receive cash in Vietnamese Dong from an acquiring bank. A casino enterprise and gamblers shall themselves carry out an agreement on use of bank cards in casino business. |
Also in accordance with this Circular, a foreign gambler may receive the prize money in either foreign currency or Vietnamese Dong in foreign currency or in foreign currency. A foreign gambler may authorizes the casino enterprise to contact the licensed bank to pay cash in foreign currency or transfer money in foreign currency or apply for a written certification of cash in foreign currency carried abroad. A Vietnamese gambler may receive the prize money in Vietnamese Dong. This Circular takes effect on October 15, 2017. |
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On August 23, 2017, the Ministry of Finance issued the Circular No. 89/2017/TT-BTC guiding the implementation of a number of articles of the Decree No. 35/2017/ND-CP dated April 03, 2017 of the Government prescribing the collection of land use levy, land rental and water surface rental in economic zones and hi-tech zones. Accordingly, the Circular points out some principles of exemption and reduction of land rental and water surface rental. An investment project using land shall be eligible for consideration for exemption or reduction of land rental and/or water surface rental if it is established, appraised and approved. An investment project shall have land rental or water surface rental exempted or reduced in cases the lease of land is approved by a competent authority for the first time for implementing the project or have the land lease period extended; An operating project that has been making annual payment of land rental and/or water surface rental June 20, 2017 shall not be eligible to enjoy rental exemption and reduction…
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An organization or individual that is leased land or water surface by the management board of the economic zone may enjoy exemption or reduction of rental only after completing procedures for requesting rental exemption or reduction, such as if a lessee of land or water surface is eligible for exemption or reduction of rental but fails to carry out procedures for requesting rental exemption or reduction, it/he/she must pay the land rental or water surface rental. If the procedures for requesting land rental exemption or reduction are carried out late, no land rental or water surface rental shall be exempted or reduced for the late period. If an application for rental exemption or reduction is submitted when the prescribed incentive period ends, no land rental or water surface rental shall be exempted or reduced. If it is submitted while rental exemption and reduction incentives remain valid, land rental or water surface rental shall be only exempted or reduced for the remaining incentive period as from the receipt of a valid application. This Circular takes effect on October 06, 2017. |
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Ü NATURAL RESOURCES – ENVIRONMENT
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At the Decree No. 105/2017/ND-CP of the Government on alcohol trade, selling alcohol to people under the age of 18 is the violations against regulations of law. Besides, other violations against regulations of law on trade in alcohol such as selling alcohol to people under the age of 18, sale of alcohol whose concentration is 15 degrees or over on the Internet, or sale of alcohol by an automatic selling machine; use of ethanol that fails to comply with regulations, industrial alcohol or other banned materials for production or preparation of alcohol; display, purchase, sale or consumption of alcohol without label; alcohol that fails to meet standards, quality or regulations on food safety; or alcohol without origin… Besides, the enterprise, cooperative, cooperative joint venture or household business retailing alcohol (alcohol |
retailer) shall be established according to regulations of law; the alcohol retailer shall be entitled to run a fixed store with a clear address; a written reference or an agreement in principle shall be made by the alcohol producer, distributor or wholesaler; expected alcohol for sale shall satisfy food safety requirements… In the case of home production of alcohol for business purposes, the enterprise, cooperative, cooperative joint venture or household business producing alcohol at home shall be established according to regulations of law and food safety and labeling of alcohol shall be ensured. This Decree is issued on September 14, 2017, takes effect on November 01, 2017 and annuls the Government’s Decree No. 94/2012/ND-CP dated November 12, 2012. |
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NATIONAL TECHNICAL REGULATION ON EFFLUENT DISCHARGED |
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On September 27, 2017, the Ministry of Natural Resources and Environment on the promulgation of national technical regulation on environment at the Circular No. 31/2017/TT-BTNMT In particular, Maximum permissible values of pollution parameters in the effluent discharged from the cassava starch processing factories into the receiving waters, receiving waters refers to drainage systems in urban areas, residential areas, industrial clusters, rivers, streams, canals, channels, lake, pond or wetland, near-coastal waters used for definite purposes. Accordingly, effluent from cassava starch processing refers to wastewater generated from the processing of cassava starch without mixing with other types of wastewater of a cassava starch processing factory, the values C used as the basis for calculating the maximum permissible values of |
pollution parameters including pH; total suspended solids (TSS); BOD5 (20oC); COD; total nitrogen; total cyanide (CN-); total phosphorus (P); total Coliforms. This value is applicable to new facilities and existing facilities. All the processing factories including new facilities and existing facilities shall apply the principles for the new facilities from January 01, 2010. For the discharge of effluent from cassava starch processing activities into wastewater collection systems of centralized wastewater treatment plants shall conform to regulations of management boards of such plants. Besides, the Regulations also accept examination methods mentioned in the guidance provided in other national and international regulations which have proved their accuracy equal to or higher than those mentioned in regulations. This Circular takes effect on December 01, 2017. |
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Ü ADMINISTRATIVE VIOLATIONS
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On August 18, 2017, the Government issued the Decree No. 97/2017/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations. Firstly, the Decree also supplement regulations on Handling of material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation. Temporarily seized material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation shall be returned to their lawful owners, managers or users. In this case, individual or institutional violators shall pay a sum of money equal to the value of the administrative violation’s material evidences and means into the state budget in lieu of the confiscation of such material evidences and means; if failing to pay, they shall be forced to do so. |
Also in accordance with this Decree, the time limit for amendment, supplementation, correction, cancellation of a decision on handling of an administrative violation or issuance of a new one is 1 year after such decision is issued, except the case of expiration of the statute of limitations. At the same time, The time limit for implementation of a decision amending or supplementing a decision on handling of an administrative violation or a new decision on handling of an administrative violation is 10 working days after the violator receives such decision. For a decision amending or supplementing a decision on application of the measure of education in commune, ward or township or a new decision on application of the measure of education in commune, ward or township, the violator shall execute such decision right after receiving it. Besides, the Decree prescribes that organizations, individual can pay fines for administrative violations in the field of road traffic into the State Treasury by the public-utility postal service. This Decree takes effect on October 05, 2017. |
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