Legal Document Updates in English (41/2012)

EXPORT TAX RATE FOR COAL REDUCED BY 10%
 

On October 11, 2012, the Ministry of Finance issued the Circular No. 169/2012/TT-BTC amending export tax rates for coal of the heading 27.01 in export tariff.

Under the Circular, from October 11, 2012, export tax rate for coal, briquettes, ovoid coal and similar solid fuels manufactured from coal reduces from 20% to 10%

5 USD/PERMIT FOR FOREIGN CREWMEMBERS TRAVELING ASHORE
 

This is one of the contents regulated under the Circular No. 164/2012/TT-BTC dated October 09, 2012 of the Ministry of Finance guiding the system of collecting, submitting and controlling fees of grant of permits for traveling ashore to foreign crewmembers, permits for getting on board of foreign ships, permits for The Vietnam operators of the means to stop alongside the foreign ships and permits for Vietnamese and foreigners to perform activities of press, scientific researches, sightseeing and tourism related to foreign boats, ships.

Accordingly, the Circular regulated Permits for traveling ashore to foreign crewmembers, who work on foreign boats, ships during the anchorage in Vietnam’s seaports, travel ashore from 7:00 to 24:00 in the areas within centrally-affiliated cities and provinces with border gates where boats, ships anchoring: 03 USD/Permit and Foreign crewmembers, who work on foreign boats, ships during the anchorage in Vietnam’s seaports, travel ashore and rest overnight in the areas within centrally-affiliated cities and provinces with border gates where boats, ships anchoring: 05 USD/Permit.

OVERTIME WORK FOR OVER 200 - 300 HOURS A YEAR
MUST NOTIFY IN WRITING
 

This is one of the contents regulated under the Decree No. 81/2012/ND-CP dated October 08, 2012 of the Government amending and supplementing a number of articles of the Government’s Decree No.68/2008/ND-CP, of May 30, 2008,providing conditions and procedures for the setting up, organization, operation and dissolution of social relief establishments and the Government’s Decree No.109/2002/ND-CP, of December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 195/CP of December 31, 1994 which details and guides the implementation of a number of articles of the labor code on working time and rest time.

Accordingly, for enterprises and production and/or business establishments with the same conditions as those of the enterprises and establishments prescribed at Clause 2 of Article 1 of the Decree No.109/2002/ND-CP dated December 27, 2012, which require the overtime work for between 200 and 300 hours a year must notify in writing to the labor state management agencies at localities where

FOREIGN PROGRAMS ISN’T APPLY TO STUDENTS
UNDER 05 YEARS OLD
 

This is one of the contents regulated under the Decree No. 73/2012/ND-CP dated September 26, 2012 of the Government on the foreign cooperation and investment in education.

Besides, the Decree also regulated 5 permissible forms of foreign-capitalized educational institutions including: short-term training institutions; Preschool education institutions following foreign educational programs for foreign children; Compulsory education institutions (elementary schools, middle schools, high schools, and mixed compulsory education institution) following foreign educational programs, issuing foreign qualifications, for foreign students and part of Vietnamese students; Vocational education institution; Higher education institutions.

SECURITIES INSTITUTION UNDER SPECIAL CONTROL
IF FAILING TO MAKE PRUDENTIAL RATIO STATEMENTS
 

This is one of the contents regulated under the Circular No. 165/2012/TT-BTC dated October 09, 2012 of the Ministry of Finance amending and supplementing a number of articles of the Circular No. 226/2010/TT-BTC dated December 31, 2010 of the Ministry of Finance, on the prudential ratio and the handling measures for the securities institutions that fail to achieve the prudential ratio.

Accordingly, the State Securities Commission shall make decisions on putting securities institutions under control in the following case: the liquidity ratio is from 120% to 150% in all the reporting period for 03 consecutive years; or the State Securities Commission shall make decisions on putting securities institutions under special control in the following cases: the liquidity ratio is under 120% and failing to make prudential ratio statements in 02 consecutive reporting period… At the same time, within 24 hours as from being decided by the State Securities Commission to putting securities institutions under special control, State Securities

SUSPENDING TEMPORARY IMPORT FOR RE-EXPORT
FOR MOTOR CARS
 

On September 28, 2012, the Ministry of Industry and Trade issued the Decision No. 5737/QD-BCT on the temporary list of goods suspended from temporarily imported for re-export, transmitted, and in bonded warehouses.

Accordingly, in order to enhance the State management of the temporary import for re-export, transit of goods, and goods in bonded warehouses, the Minister promulgated the List of goods suspended from temporary import for re-export, transit, and bonded warehouses such as: edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen; or used goods such as cars and other motor vehicles principally designed

NOT OVER 1 MIL VND/PERSON/MONTH FOR VIOLATIONS’ INSPECTION
 

On October 01, 2012, the Minister of Finance, Minister of Industry and Trade issue the Joint Circular No. 160/2012/TTLT-BTC-BCT providing for the collection and payment of fines, management and use of fines from sanction for law violations in the electricity sector.

Under the Circular, fines from sanctions for law violation in the sector of electricity are used up to 70% to complement and support the inspection and sanction of violations of law of the agencies or units that are competent to fine. The remainder must be remitted into the state budget at all levels as prescribed. Of which, expenditure for allowances to those who directly involved in the inspection and sanction of violations with a level not more than 1,000,000 VND/person/month (including inspector specialized in electricity, electricity inspector and those who are assigned by the competent authority to directly participate in this work).

Besides, the Circular also regulated on expenditures for the activities directly serving the inspection, sanction for violations of the law such as: expenditure for  

INDIVIDUAL MAY ESTABLISH A JUDICIAL EXPERTISE OFFICE
 

On June 20, 2012, the National Assembly issued the Law on Judicial Expertise No. 13/2012/QH13.

Judicial expertise offices are non-public judicial expertise institutions established in the fields of finance, banking, construction, antiques, relics and copyright; established by one or two judicial expert shall be organized and operate as a private enterprise or a partnership.

A judicial expert may establish a judicial expertise office when fully satisfying the following conditions: having worked as a judicial expert for at least 5 full years in the field in which he/she wishes to establish a judicial expertise office; Having an establishment scheme specified as prescribed by the Law. Cadres, civil servants, public employees, army officers, people’s public security officers, professional 

DECISION’S PUBLICATION ON COMPLAINT SETTLEMENT
 

On October 03, 2012, the Government issued the Decree 75/2012/ND-CP detailing a number of Articles of the Law on Complaints.

Under the Decree, within 15 days from the decision to settle the complaint, those who are competent to settle the second complaint are responsible for publication of decision on complaint settlement in one of the following forms: at the meeting, posting in offices or places where receive citizens of the agencies, organizations that have resolved the complaints; or on the mass media.

Of which, the notice of the decision on settlement of complaints on the mass media is performed on radio, television, print press, electronic press. Persons who are competent to settle complaints are responsible for choosing one of the mass media to make the announcement. The number of times publicized on the radio: at least 02 times