Legal Document Updates in English (42/2015)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

96/2015/ND-CP

Decree No. 96/2015/ND-CP dated October 19, 2015 of the Government detailing a number of articles of the Law on Enterprises

 

Limitation on cross-ownership among companies

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

2

157/2015/TT-BTC

Circular No. 157/2015/TT-BTC dated October 08, 2015 of the Ministry of Finance on collecting, paying, managing the fees for issuing the passports, visas, and documents related to entry, exit, transit and residence in Vietnam

 

From November 23, fee paid for single-entry visa is reduced to USD 25

Page 2

3

113/2015/TT-BTC

Circular No. 113/2015/TT-BTC dated August 07, 2015 of the Ministry of Finance amending a number of articles of the Circular No. 04/2012/TT-BTC dated January 05, 2012 of the Ministry of Finance providing for the collection, payment, management and use of fees and charges in veterinary services

 

To annul a number of fees in veterinary services

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

4

83/2015/QH13

Law No. 83/2015/QH13 dated June 25, 2015 of the National Assembly on the State Budget

 

The State Budget shall be disclosed and overseen

Page 3

ENTRY – EXIT

 

ENTRY - EXIT

5

94/2015/ND-CP

Decree No. 94/2015/ND-CP dated October 16, 2015 of the Government amending, supplementing a number of Articles of the Decree No. 136/2007/ND-CP dated August 17, 2007 on Vietnamese citizens exit and entry

 

Extending once for diplomatic passports that are still valid under 1 year

Page 3

 

SUMMARY:

 

Ü ENTERPRISE


LIMITATION ON CROSS-OWNERSHIP AMONG COMPANIES
 

On October 02, 2015, the Ministry of Finance issued the Circular No. 152/2015/TT-BTC guiding the severance tax, and the taxable items are metallic minerals; non-metallic minerals; products of natural forests; natural aquatic organisms, including marine animals and plants; natural water; natural bird’s nests other than those collected from construction of houses…

This Circular prescribes the details on the cases of exemption from severance tax are entities extracting natural marine organisms; entities extracting branches, firewood, bamboo, rattan, etc.; entities extracting natural water for hydroelectricity generation; natural water; land areas given/leased out to organizations and individuals and used on the spot; earth used for leveling, construction of security, military works, dykes…

In the case that taxpayers who suffer from a natural disaster, conflagration, or accident that inflicts damage the declared resources may be given exemption or reduction of

 

severance tax on the amount of damaged resources. If tax has been paid, taxpayers shall receive a refund or have it offset against severance tax payable in the next period.

Also in accordance with this Circular, the basis for calculation of severance tax is the taxable extraction quantity of natural resources, unit price, and tax rate. Severance tax payable in the period equals to Taxable extraction quantity of natural resources multiplied by unit price and tax rate. In case an authority imposes a certain amount of severance tax on a unit of natural resources extracted, severance tax payable in the period equals Taxable extraction quantity multiplied by the severance tax on a unit of natural resources extracted. Imposition of severance tax must be based on the database of tax authorities and conform to regulations on tax imposition.

This Circular takes effect on November 20, 2015 and replaces Circular No. 105/2010/TT-BTC dated July 23, 2010 of the Ministry of Finance.

Ü TAX – FEE – CHARGE


FROM NOVEMBER 23, FEE PAID FOR SINGLE-ENTRY VISA IS REDUCED TO USD 25
 

This is one of the significant contents regulated under the Circular No. 157/2015/TT-BTC dated October 08, 2015 promulgating on collection, payment, and management of fees for issuance of passports, visas, documents for entry, exit, transit, and residence in Vietnam.

Accordingly, from November 23, 2015, fee paid for single-entry visa is reduced by USD 20, from USD 45 to USD 25. Fee for multiple-entry visa with a duration with three different duration: 50$ with duration of 3 months, USD 95 with duration of 3 to 6 months and USD 135 with duration of 06 – 12 months.

In addition, the Circular also amends fee rates for visa and temporary residence card. Specifically, from November 23, 2015, fee rate for multiple-entry LD, DT visa issued by overseas diplomatic missions of Vietnam with duration longer than 01 year and fee rate for visa for foreigners eligible for unilateral visa-free entry who enters Vietnam, then exits and reenters within 30 days is USD 5.

 

 

Other fee rates keep unchanged compared with current regulations. Of which, the rate of VND 200,000 is applied for new issuance of visa; Exit permit; Entry and exit permit for foreigners permanently residing in Vietnam without passports; the rate of 10$ is applied for issuance, reissuance of permanent residence card; Permit to enter restricted areas, bordering areas; permit for Laos citizens to enter Vietnam’s inland provinces using laissez-passers; Tourist’s card for Chinese tourists within bordering provinces....

Invited guests of Communist Party, the State, the Government, the National Assembly, and employees of foreign diplomatic missions, consular offices, and representative agencies of international organizations in Vietnam, their family (spouses and children under 18)... are exempt from immigration fees.

This Circular takes effect on November 23, 2015.


TO ANNUL A NUMBER OF FEES IN VETERINARY SERVICES
 

The Ministry of Finance issued the Circular No. 113/2015/TT-BTC dated August 07, 2015 amending a number of articles of the Circular No. 04/2012/TT-BTC dated January 05, 2012 of the Ministry of Finance providing for the collection, payment, management and use of fees and charges in veterinary services.

Accordingly, from August 08, 2015, a number of fees in veterinary services are annulled. Of which, the fee of 70,000 dong/time is applied for issuance of the Certificate of disease-free regions/establishments, issuance of the result certificate of testing of veterinary medicines and aquatic veterinary medicines, issuance of the Certificate of conformable animal-disease laboratory (for each disease)

 

 

(with duration of 2 years); issuance of certificate of sale of veterinary medicines/aquatic veterinary medicines (issuance/extension), issuance of the Free Sale Certificate for export; the fee rate of 40,000 dong is applied for issuance of the Certificate of quarantine of goods shipped by post, carried goods (regardless of quantity and species), issuance of the Certificate of veterinary hygiene for stores/stalls selling animal products (with duration of 2 years)…

Under this Circular, fees for issuance of the certificate of quarantine of animals/animal products that are transited or temporarily imported is 70,000 VND/time.

This Circular takes effect on August 08, 2015.

Ü FINANCE - BANKING


THE STATE BUDGET SHALL BE DISCLOSED AND OVERSEEN
 

The State Budget that shall be disclosed and overseen by the public is one of the significant contents under the Law on the State budget No. 83/2015/QH13 approved on June 25, 2015 by the National Assembly.

Specifically, data of an explanatory reports on Councils, estimates already decided by competent authorities, information on state budget implementation and final accounts; results of implementation of recommendations of the State Audit Office of Vietnam shall be disclosed at meetings, posting up at working offices of agencies,  organizations  and  units;  issuance  of  publications;  issuance  of written  notices  to  related  agencies,

 

organizations,  units  and  individuals; publishing on websites; and reporting in the mass media;

For public oversight of the state budget, the state budget shall be overseen by the public. Vietnam Fatherland Front Committees of various levels shall take charge of organizing public oversight of the state budget. Public oversight of the state budget covers: observance of regulations on management and use of the state budget; Implementation of annual state budget estimates; Disclosure of the state budget according to the Law.

This Law takes effect on January 01, 2017.

Ü ENTRY - EXIT


EXTENDING ONCE FOR DIPLOMATIC PASSPORTS
THAT ARE STILL VALID UNDER 1 YEAR
 

This is one of the significant contents regulated under the Decree No. 94/2015/ND-CP dated October 16, 2015 of the Government amending, supplementing a number of Articles of the Decree No. 136/2007/ND-CP dated August 17, 2007 on Vietnamese citizen exit and entry.

Specifically, from December 01, 2015, diplomatic passports and official passports are still valid under 1 year may be extended once; the time for extension is 3 years at most. When it is expired, procedures should be processed to renew.

For ordinary passports, under this Decree, ordinary passports are valid for 10 years at most from the date of issue and inextensible; Ordinary passports that are still

 

valid shall be re-granted, when it is expired, it shall be renewed. Crew member passports are valid for 10 years at most from the date of issue and may not be extended.

Under this Decree, under-9 children may share ordinary passports with their fathers or mothers if so requested by the latter. In this case, passports are valid for 5 years at most from the date of issue and these passports are inextensible. Ordinary passports granted to under-14 children are valid for 5 years at most from the date of issue and these passports are inextensible.

This Decree takes effect on December 01, 2015 and replaces the Decree No. 65/2012/ND-CP dated September 06, 2012 of the Government.

 

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