Legal Document Updates in English (43/2016)

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NUMBER

TITLE

 

In This Updates:

INVESTMENT

 

INVESTMENT

1

12/2016/TT-NHNN

Circular No. 12/2016/TT-NHNN dated June 29, 2016 of the State Bank of Finance on guiding the foreign exchange management of offshore investment activities

 

* Principles of opening pre-investment accounts of offshore investment activities

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

2

156/2016/TT-BTC

Circular No. 156/2016/TT-BTC dated October 21, 2016 of the Ministry of Finance on providing for fees for processing of application for the certificate of multi-level marketing, collection, transfer and management thereof

 

* The fee of issuance or renewal of a certificate of multi-level marketing is VND 5 million/application

Page 2

3

150/2016/TT-BTC


Circular No. 150/2016/TT-BTC dated October 14, 2016 of the Ministry of Finance dated October 14, 2016, providing for fees for issuance of license for establishment and operation of credit institutions; license for establishment of foreign banks’ branches, representative offices of foreign credit institutions or other foreign organizations having banking activities; license for provision of intermediary payment services by non-bank institutions, and the collection and transfer thereof

 

* Fees for issuance of the license for establishment of a bank is VND 140 million/license

Page 2

4

148/2016/TT-BTC

Circular No. 148/2016/TT-BTC dated October 14, 2016 of the Ministry of Finance on providing for fees for processing of applications for the license to use industrial explosives, and the collection, transfer and management thereof

 

* Fees for processing of applications for the license to use industrial explosives is VND 5 million

Page 3

5

146/2016/TT-BTC

Circular No. 146/2016/TT-BTC dated October 06, 2016 of the Ministry of Finance providing for fees for flights over the Vietnam’s airspace and the collection, transfer and management thereof

 

* Fees for flights over the Vietnam’s airspace

Page 2

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


THE FEE OF ISSUANCE OR RENEWAL OF A CERTIFICATE
OF MULTI-LEVEL MARKETING IS VND 5 MILLION/APPLICATION
 

In accordance with the Circular No. 156/2016/TT-BTC dated October 21, 2016 of the Ministry of Finance on providing for fees for processing of application for the certificate of multi-level marketing, collection, transfer and management thereof, applies to enterprises applying for issuance, replacement, addition or renewal of the certificate of multi-level marketing, state authorities competent to issue the certificate of multi-level marketing and entities involved in the processing of application for the certificate of multi-level marketing.

 

Within that, the fee for issuance or renewal of a certificate of multi-level marketing is VND 5 million/application; for  replacement or addition to a certificate of multi-level marketing is VND 3 million/application; applicants shall pay the fees in cash directly to the collector or by transfer to the collector’ accounts opened at state treasuries.

This Circular takes effect on January 01, 2017.


FEES FOR ISSUANCE OF THE LICENSE FOR ESTABLISHMENT
OF A BANK IS VND 140 MILLION/LICENSE
 

This is the important content prescribed at the Circular No. 150/2016/TT-BTC dated October 14, 2016, providing for fees for issuance of license for establishment and operation of credit institutions; license for establishment of foreign banks’ branches, representative offices of foreign credit institutions or other foreign organizations having banking activities; license for provision of intermediary payment services by non-bank institutions, and the collection and transfer thereof.

In particular, Fees for issuance of the license for establishment of a bank is VND 140 million/license for Initial issuance and VND 70 million/license for replacement, addition or renewal of license; Fees for issuance of the license for establishment and operation of a non-bank credit institution is VND 70 million/license for Initial issuance and VND 35 million/license for replacement, addition or renewal

 

of license; Fees for issuance of the license for establishment and operation of a microfinance institution or people’s credit fund is VND 200.000/license for initial issuance and VND 100.000/license for replacement, addition or renewal of license. And the fees for issuance of the license for establishment of a foreign bank’s branch or a representative office of a foreign credit institution or other foreign organization having banking activities is VND 1 million/license.

Fees for issuance of the license for provision of intermediary payment services by a non-bank organization is VND 10 million/license for Initial issuance and VND 05 million/license for replacement, addition or renewal of license.

This Circular takes effect on January 01, 2017.


FEES FOR PROCESSING OF APPLICATIONS FOR THE LICENSE
TO USE INDUSTRIAL EXPLOSIVES IS VND 5 MILLION
 

Any organizations applying for the license to use industrial explosives granted by competent state authorities must pay the fees for processing of applications for the license to use industrial explosives  must pay between VND 2 million – VND 5 million depending on different purpose.

The fee for processing of application for the license to use industrial explosives for conducting survey, exploration and extraction activities on the sea and continental shelves is VND 5 million; The fee for processing of application for the license to use industrial explosives for conducting survey, exploration and extraction activities on the sea and continental shelves is VND 4 million; the fees for processing of application for the license to use industrial explosives for conducting survey, exploration and extraction activities on land and processing of application for the license to use industrial explosives to serve research, verification and testing activities are VND 3,5 million and VND 2 million in turn.

 

In case of re-issuance or adjustment of a license without any change in the location, scale or conditions for using the industrial explosives, the fees shall be reduced by 50% (fifty percent). And  in case of re-issuance or adjustment of a license with change in business registration, location, scale or conditions for using the industrial explosives, the fees shall remain unchanged.

These are important content prescribed at the Circular No. 148/2016/TT-BTC dated October 14, 2016 of the Ministry of Finance on providing for fees for processing of applications for the license to use industrial explosives, and the collection, transfer and management thereof and takes effect on January 01, 2017.


FEES FOR FLIGHTS OVER THE VIETNAM’S AIRSPACE
 

On October 06, 2016, the Ministry of Finance issued the Circular No. 146/2016/TT-BTC dated October 06, 2016 of the Ministry of Finance providing for fees for flights over the Vietnam’s airspace and the collection, transfer and management thereof.

Accordingly, the fee for flight distance over the Vietnam's airspace under 500 km is USD 115/flight for maximum takeoff weight of less than 20 tons; USD 129//flight for flight distance over the Vietnam's airspace of 500 km or above. The highest fee applicable to the maximum takeoff weight of not less than 300 tons is USD 480/flight  for flight distance over the Vietnam's airspace under 500 km and the fee is USD 520/flight  for the flight distance over the Vietnam's airspace of 500 km or above.

For scheduled flights over the Vietnam's airspace and the flight information region managed and controlled by

 

Vietnam, the minimum fee for total flight distance over the Vietnam's airspace and the flight information region managed and controlled by Vietnam under 500 km is USD 61/flight for maximum takeoff weight of less than 20 tons and USD 68/flight for total flight distance over the Vietnam's airspace and the flight information region managed and controlled by Vietnam of 500 km or above. With the maximum takeoff weight of not less than 300 tons, the total fee is USD 253/flight for total flight distance over the Vietnam's airspace and the flight information region managed and controlled by Vietnam under 500 km and USD 274/flight of 500 km or above.

Fees charged to non-scheduled flights shall be 120% of corresponding fees.

This Circular takes effect on January 01, 2017 and shall be applied as of the fiscal year of 2017.

Ü  INVESTMENT


PRINCIPLES OF OPENING PRE-INVESTMENT ACCOUNTS
OF OFFSHORE INVESTMENT ACTIVITIES
 

On June 29, 2016, the State Bank of Vietnam issued the Circular 12/2016/TT-NHNN guiding the foreign exchange management of offshore investment activities and takes effect August 13, 2016.

In accordance with the regulations of this Decree, after being granted an offshore investment registration certificate, an investor shall open 1 (one) investment capital account in 1 (one) type of foreign currency that meets its/his/her demand for outbound transfer of investment capital at 1 (one) licensed credit institution, and register offshore investment-related foreign exchange transactions. In case of outbound transfer of Vietnam-dong investment capital, an investor may concurrently open and use 1 (one) Vietnam-dong investment capital account and 1 (one)

 

foreign-currency investment capital account at 1 (one) licensed credit institution and shall register offshore investment-related foreign exchange transactions. An investor that has more than one overseas investment project shall open a separate investment capital account for every project.

Investors shall transfer foreign currency amounts abroad before they are granted offshore investment registration certificates via only 1 (one) foreign-currency pre-investment account opened at 1 (one) licensed credit institution. After an offshore investment registration certificate is granted for a project, the foreign currency account shall be used as an investment capital account and registered with the State Bank.

 

 

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