Legal Document Updates in English (43/2019)

EACH BUILDING SHALL ONLY HAVE 01 MEZZANINE
EXCLUDED FROM NUMBER OF CONSTRUCTION FLOOR
 

On November 07, 2019, the Ministry of Construction issues the Circular No. 07/2019/TT-BXD on amending, supplementing and replacing a number of Article of the Circular No. 03/2016/TT-BXD dated March 10, 2016 of the Minister of Construction prescribing the grading of construction works and guiding the application of construction work grades in the management of construction investment activities.

Accordingly, this Circular supplement a number of terms definition such as: The number of floor of a building (or a construction) including total number of floors above the ground (including technical/attic floor) and semi-basement, excluding staircase roof. Each building shall only allowed to have 01 (one) mezzanine excluded from number of construction floor.

For separate house, the mezzanine shall be excluded from number of floor if its acreage do not exceed 65% construction acreage of the underneath floor. For housing, housing structure, multi-story building with floor mezzanine shall be excluded from number of floor if it used as technical area and its construction acreage does not exceed 10% construction acreage of the underneath floor and not exceed 300m2.

A construction have the attic floor excluded from total number of floor only if it to cover the cage of stairs or lift wells, covering the construction equipment (if any), for roofing and rescue purposes, and having acreage no more than 30% of the roof area.

MICROFINANCE INSTITUTION BRANCH
IS ALLOWED TO RECEIVE SAVINGS WITH THE MAXIMUM OF VND 1 MILLION/CLIENT/DAY
 

On November 05, 2019, the State Bank of Vietnam promulgates the Circular No. 19/2019/TT-NHNN providing for the operational network of microfinance institutions.

Accordingly, branches and transaction offices of microfinance institutions are allowed to receive compulsory savings and voluntary savings from a microfinance customer by the amount not exceeding VND 1 million in 01 day. In addition, these branches and transaction offices shall conduct a number of the following activities: To research and introduce customers; To consult and guide the establishment of a savings and loan group; To pay compulsory savings and voluntary savings of microfinance customers...

MAXIMUM INTEREST RATE APPLICABLE TO
CALL DEPOSITS AT FOREIGN BANK BRANCHES IS 0.8% PER ANNUM
 

On November 18, 2019, the State Bank of Vietnam issues the Decisions No. 2415/QD-NHNN on maximum interest rate applicable to VND deposits of organizations and individuals at credit institutions, foreign bank branches as prescribed in the Circular No. 07/2014/TT-NHNN dated March 17, 2014

0.8% per annum, regarding to call deposits and deposits with term of less than one month; Maximum interest rate applicable to deposits with term of one month to less than six months to be of 5.0% per annum; for People’s credit funds and micro-financial institutions, the maximum interest rate applicable to deposits with term of one month to less than six months shall be 5.5% per annum.

INSTRUCTION ON REGISTER FOR IMPORT
OF USED SHIPS FOR DISMANTLEMENT
 

On November 12, 2019, the Government issues the Decree No. 82/2019/ND-CP on import of used ships for dismantlement.

To be specific, Enterprises importing used ships for dismantlement must be a Vietnamese enterprise with 100% of its charter capital held by Vietnamese organizations and individuals. Enterprises importing used ships for dismantlement must prepare a request dossier consist of:

- A written request for granting a License for import of used ships for dismantlement (01 original);

- The enterprise’s decision on the purchase of the used ship for dismantlement (01 certified copy or 01 copy enclosed with the original for comparison).

The Vietnam Maritime Administration shall receive and examine the dossier. Within 03 working days after receiving a valid dossier, the Vietnam Maritime Administration shall appraise the dossier and report to the Ministry of Transport for consideration and decision. Within 02 working days after receiving the written request the Ministry of Transport shall grant a License for import of used ships for dismantlement, in case of disapproval, the Ministry of Transport shall issue a written reply clearly stating the reason.

FROM 2020, TO SUPPORT UP TO VND 3 BILLION
TO REPAIR NATURAL DISASTER PREVENTION AND CONTROL CONSTRUCTIONS 

This new provision is amended by the Government in the Decree No. 83/2019/ND-CP on November 12, 2019 on amending and supplementing a number of Articles of the Decree No. 94/2014/ND-CP dated October 17, 2014 on the setting up and management of natural disaster prevention and control Fund.

In addition, to amend the supporting expenditures for the forces that directly collect and other administrative expenses related to the collection of natural disaster prevention and control funds: The maximum of supporting rate shall be 3% of the total collected amounts (the previous rate is 5% of the actually collected amounts annually at the communal level).

This Decree also provides additional provision on Distribution of provincial-level natural disaster prevention and control funds. Accordingly, provincial-level People’s Committee shall decentralize and assign district-level and commune-level People’s Committee to use the maximum of 20% of fund’s revenues in the area to perform natural disaster prevention and control tasks at its level.

On November 14, 2019, the Ministry of Industry and Trade issues the Circular No. 25/2019/TT-BCT on amending and supplementing a number of Articles of the Circular No. 22/2016/TT-BCT dated October 03, 2016 of the Minister of Industry and Trade on implementation of rules of origins in the ASEAN Trade in Goods Agreement.

Management in terms of origin of goods and Appendix VII issued together with the Circular No. 22/2016/TT-BCT.

As in the Circular No. 22/2016/TT-BCT, procedures for C/O issuance and inspection shall comply with the Appendix VII issued together with Circular No. 22/2016/TT-BCT and the Circular No. 06/2011/TT-BCT provides for procedures of issuing certificate of origin preferential goods and the Circular No. 01/2013/TT-BCT on amending and supplementing the Circular No. Circular No. 06/2011/TT-BCT.

TO CHANGE THE VALIDITY OF THE FORM
OF LICENSE TO MANUFACTURE TOBACCO
 

On November 15, 2019, the Ministry of Industry and Trade issues the Circular No. 28/2019/TT-BCT on amending and supplementing a number of Articles of the Circular No. 57/2018/TT-BCT detailing a number of Articles of Decrees related to tobacco business.

Accordingly, tobacco manufacturers or tobacco importers shall sent reports to receiving agencies by one of the following methods: To send directly; send by post or other methods in accordance with law provisions.

manufacture tobacco in the Circular No. 57/2018/TT-BCT shall take effect from January 01, 2021 (the effective date in the former regulations is from January 01, 2020).

Concurrently, provisions on proposal forms and lists for issuance of License to manufacture tobacco and forms of License to manufacture tobacco in the Circular No. 21/2013/TT-BCT shall be applied until December 31, 2020 instead of December 31, 2019 as in previous regulations.

This Circular takes effect on January 01, 2020.