Legal Document Updates in English (42/2019)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

 

2064/QD-BTC

 

Decision No. 2064/QD-BTC dated October 25, 2019 of the Ministry of Finance on the adjustment and supplementation of the Table of registration fee calculation prices for automobiles and motorcycles

 

To amend and supplement the Table of registration fee for 98 type of automobile

Page 2

2

74/2019/TT-BTC

Circular No. 74/2019/TT-BTC dated October 24, 2019 of the Ministry of Finance on amending and supplementing Clause 2 Article 9 of the Circular No. 216/2016/TT-BTC dated November 10, 2016 of the Minister of Finance on prescribing rates and the collection, remittance, management and use of civil judgment enforcement fee

 

To increase 10% of civil judgment enforcement fee remitted to the State budget

Page 2

LAND – HOUSING

 

LAND – HOUSING

3

06/2019/TT-BXD

Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Ministry of Construction on amending and supplementing some articles of Circulars on management and use of apartment buildings

 

 From 2020, 1m2 of the privately-owned apartments is equal to 1 vote at apartment building meeting

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

4

 

21/2019/TT-BCT

 

 

Circular No. 21/2019/TT-BCT dated 08 November 2019 of the Ministry of Industry and Trade on regulating the rules of origin in ASEAN - Hong Kong China Free Trade Agreement

 

To exempt C/O form AHK submission for goods have FOB value not exceed USD 200

Page 2

CRIMINAL

 

CRIMINAL

5

 

07/2019/NQ-HDTP

 

Resolution No. 07/2019/NQ-HDTP dated October 25, 2019 of the Council of Justices of the Supreme People's Court providing guidelines on implementing a number of provisions of Article 299 and Article 300 of the Penal Code

 

The Supreme People's Court guides the handling of terrorism, terrorist financing crimes

Page 3

 

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE

TO AMEND AND SUPPLEMENT THE TABLE OF REGISTRATION FEE
FOR 98 TYPE OF AUTOMOBILE

On October 25, 2019, the Ministry of Finance issues the Decision No. 2064/QD-BTC on the adjustment and supplementation of the Table of registration fee calculation prices for automobiles and motorcycles.

Accordingly, the Ministry adjusts and supplements the registration fee calculation prices for 98 types of automobiles which include: Imported passenger automobiles of up to 9 seats; Passenger automobiles of up to 9 seats manufactured

 
 

and assembled in Vietnam; Imported pickup trucks and van trucks…

In addition, there are adjustment and supplement for 56  types of motorcycles, which include: Imported two-wheel motorcycles; Two-wheel motorcycles manufactured and assembled in Vietnam; (Electric) two-wheel motorcycles manufactured and assembled in Vietnam.

This Decision takes effect on October 29, 2019.
 

TO INCREASE 10% OF CIVIL JUDGMENT ENFORCEMENT FEE
REMITTED TO THE STATE BUDGET

On  October 24, 2019, the Ministry of Finance issues the  Circular No. 74/2019/TT-BTC on amending and supplementing Clause 2 Article 9 Circular No. 216/2016/TT-BTC dated November 10, 2016 of the Minister of Finance on prescribing rates and the collection, remittance, management and use of civil judgment enforcement fee.

Accordingly, to reduce the administrative expense deduction from the fee collection of civil judgment collected by the fee

 
 

collecting agency from 65% to 55%. As such, the fee collecting agency only have to deduct 55% of the collected fee to cover management fees as prescribed in Article 5 of the Government’s Decree No. 120/2016/ND-CP of August 23, 2016.

This Circular takes effect on December 10, 2019.



 

Ü  LAND – HOUSING

FROM 2020, 1M2 OF THE PRIVATELY-OWNED APARTMENTS
IS EQUAL TO 1 VOTE AT APARTMENT BUILDING MEETING

This new content is prescribed in the Circular No. 06/2019/TT-BXD dated October 31, 2019 of the Ministry of Construction on amending and supplementing some Articles of Circulars on management and use of apartment buildings.

According to the Circular No. 02/2016/TT-BXD, rights to vote at apartment block and apartment complex meetings are based on number of the flat; each flat equivalent to 01 vote.

However, this provision now is amended in this Circular. Accordingly, rights to vote at apartment block and apartment complex meetings are based on the areas of the privately-owned apartments and other areas of the apartment building, in which 1m2 is in proportion to 01 vote.

Moreover, this Circular also issues additional provision that allow owners of

 

apartments or other areas of the apartment building may authorize other owners in the apartment building or the occupants to attend the meeting and vote on behalf of the owners.

As previous provision in the former Circular, decisions on maintenance of commonly-owned areas made by the Management Board of the apartment block should be voted in favor by 100% of the Management Board’s members, except for others absence because of force majeure reasons. Then in this new Circular, decisions on maintenance of commonly-owned areas made by the Management Board of the apartment block should be voted in favor by at least 75% of the Management Board’s members.

This Circular takes effect on January 01, 2020.

Ü  EXPORT – IMPORT

TO EXEMPT C/O FORM AHK SUBMISSION
FOR GOODS HAVE FOB VALUE NOT EXCEED USD 200

On November 08, 2019, the Ministry of Industry and Trade issues the Circular No. 21/2019/TT-BCT on regulating the rules of origin in ASEAN - Hong Kong China Free Trade Agreement.

In particular, where the goods originate from an exporting Member Country and have FOB value not exceeding USD 200, they shall be exempted from C/O form AHK submission and only need a simple declaration from the exporter that such goods originating from the exporting Member Country. Goods sent by post with FOB value not exceeding USD 200 are also eligible for this provision application.

In addition, erasing or additional writing on C/O form AHK is prohibited. Any amendment must be made in either of the following ways:

 
 

First, crossing out the incorrect information and add necessary information. These changes must be approved by the person competent to sign the C/O form AHK and certified by the C/O form AHK issuer. The blank must be crossed out for further writing prevention.

Second, issuing a new C/O form AHK to replace the existing C/O. Accordingly, the C/O form AHK is issued by the C/O issuer of before or at the time of goods delivery but not later than 03 working days after the date of delivery. If there are unintentional errors or other plausible reasons, the C/O form AHK may be issued later but not later than 01 year from the date of goods delivery and must be marked in Box 13 where the words “ISSUED RETROACTIVELY” are included.

This Circular takes effect on December 23, 2019.

 

 

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