Legal Document Updates in English (44/2012)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

185/2012/TT-BTC

Circular No. 185/2012/TT-BTC dated October 30, 2012 of the Ministry of Finance guiding exemption from import duties for spare parts and components for the manufacture and assembly of buses of the development, investment project of public passenger transportation by buses in Hanoi and Ho Chi Minh cities

 

Exemption from import duties for spare parts and components of buses

Page 2

2

182/2012/TT-BTC

Circular No. 182/2012/TT-BTC dated October 25, 2012 of the Ministry of Finance on amendment and supplement of point 1, section i, guiding the declaration of dutiable value on the value declaration issued together with Decision No.30/2008/QD-BTC dated May 21, 2008 of the Minister of Finance

 

Goods under the temporary import, re-export have to declare dutiable value

Page 2

3

177/2012/TT-BTC

Circular No. 177/2012/TT-BTC dated October 23, 2012 of the Ministry of Finance guiding the collection payment, management, and use of fees at inland waterway port authorities

 

Fee for entering, leaving inland ports up to 50,000 VND/time

Page 2

CONSTRUCTION

 

CONSTRUCTION

 

4

07/2012/TT-BXD

Circular No. 07/2012/TT-BXD dated October 26, 2012 of the Ministry of Construction guiding the determination and the management of the expenditure on foreign consultants on construction in Vietnam

 

Estimating the expenditure on hiring foreign consultants

Page 3

AGRICULTURE – FOREST

 

AGRICULTURE - FOREST

 

5

53/2012/TT-BNNPTNT

Circular No. 53/2012/TT-BNNPTNT dated October 26, 2012 of the Ministry of Agriculture and Rural Development on the list of supported agricultural and aquacultural products according to the Prime Minister’s Decision No. 01/2012/QD-TTg dated January 09, 2012 on some policies supporting the application of good agricultural practice to agriculture, silviculture, and aquaculture

 

Supporting the application of Good agricultural practice to rice, coffee

Page 3

FOREIGN AFFAIRS

 

FOREIGN AFFAIRS

 

6

88/2012/ND-CP

Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government regulation on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam

 

Value of the foreign reporter card not exceeding 12 months

Page 3

 

SUMMARY:

Ü TAX – FEE – CHARGE


EXEMPTION FROM IMPORT DUTIES FOR SPARE PARTS
AND COMPONENTS OF BUSES
 

On October 30, 2012, the Ministry of Finance issued the Circular No. 185/2012/TT-BTC guiding exemption from import duties for spare parts and components for the manufacture and assembly of buses of the development, investment project of public passenger transportation by buses in Hanoi and Ho Chi Minh cities.

Accordingly, from December 14, 2012, exemption from import duties for spare parts and components for the manufacture and assembly of buses of the type that has not yet produced domestically of the development, investment project of public passenger transportation by buses in Hanoi and Ho Chi Minh cities of 2012-2015 period under the guidance of the Ministry of Transport, which specifies Duration

 

of the project; number, type, quality and value of spare parts, components need to be imported for the domestic manufacture and assembly of buses.a

Basis to determine the spare parts and components which are able to be produced domestically is the list of machinery, equipment, spare parts, specialized means of transport, raw materials, supplies, semi-finished products which can be produced domestically issued by the Ministry of Planning and Investment that takes effect at the time of registration for the import declaration of goods of the project.

This Circular shall take effect on December 14, 2012.


GOODS UNDER THE TEMPORARY IMPORT, RE-EXPORT HAVE TO
DECLARE DUTIABLE VALUE
 

On October 25, 2012, the Ministry of Finance issued the Circular No. 182/2012/TT-BTC amending and supplementing point 1, section I, guiding the declaration of dutiable value on the value declaration issued together with the Decision No.30/2008/QD-BTC dated May 21, 2008 of the Minister of Finance. Under the Circular, goods under the temporary import, re-export are removed from the list of not having to declare on dutiable value declaration.
Therefore, goods subject to the specifications are not required to be declared on dutiable value declaration but have to declare the value on the export declaration or import declaration in accordance with regulations such as: exports; imports without sales contract shall be determined the dutiable value according to the declared value specified

 

in the Circular 205/2010/TT-BTC of December 15, 2010 of the Ministry of Finance; Imports subject to exemption from import duty, the review for tax exemption; Imports not subject to tax under the provisions of the Law on Export and Import duties; Imports under form of raw materials import for the production of exports…

Imports not subject to the above provisions or changed the purpose of use or changed the import mode are also required to be declared the dutiable value on the value declaration as stipulated.

This Circular replaces the Circular No.163/2009/TT-BTC dated August 13, 2009 of the Ministry of Finance and take effects on December 09, 2012.


FEE FOR ENTERING, LEAVING INLAND PORTS UP
TO 50,000 VND/TIM
 

On October 23, 2012, the Ministry of Finance issued the Circular No. 177/2012/TT-BTC guiding the collection payment, management, and use of fees at Inland Waterway Port Authorities. Of which, one of the notable points is regulation on fee level for the watercraft entering, leaving, and working and inland ports at Inland Waterway Port Authorities (50,000 VND/time ) to Cargo vessel or tugging group of which the gross tonnage over1,000tonnes.

Specifically, the fees for cargo vessel or tugging group of which the gross tonnage from 1,001 – 1,500 tonnes and cargo vessel or tugging group of which the gross tonnage  from 1,501 tonnes or more are 40,000 VND /time and 50,000 VND/ time respectively.  

 

Fee for entering, leaving, and working and inland ports to cargo vessel or tugging group of which the gross tonnage under 1,000 tonnes is still the same as the current regulations. Specifically, tonnage fees for entrance (loaded or unloaded) are 165 VND/tonne; fee for exit (loaded or unloaded) is 165 VND/tonne; Fees for entrance and exit of inland ports and wharves to cargo vessel of which the gross tonnage is from 10 – 50 tonnes or cargo vessel of which the gross tonnage is from 51 – 200 tonnes, or passenger vessels that have 13 - 50 seats are 5,000 VND/time and 10,000 VND/time respectively.

This Circular takes effect on December 10th 2012

Ü CONSTRUCTION          


ESTIMATING THE EXPENDITURE ON HIRING FOREIGN CONSULTANTS
 

On October 26, 2012, the Ministry of Construction issued the Circular No. 07/2012/TT-BXD guiding the determination and management of the expenditure on hiring foreign consultants on construction in Vietnam. Under the Circular, when making the project of investment in construction and construction planning, the investor and the organizer of construction planning must estimate the expenditure on hiring foreign consultants based on the amount of work and the kind of work that need foreign consultancy.

Accordingly, depending on the particular condition of the project of investment in investment and  the construction planning, the expenditure on hiring foreign consultants shall be estimated in one of the following ways: according to a similar counseling for a project of investment construction and the construction planning 

 

that was or has been provided in Vietnam by such foreign consultants; According to the percentage of the cost of construction and equipment (or the construction cost) on a unit of area (or population) of a similar planning that was or has been provided in Vietnam by such foreign consultants or combining the methods above.

This Circular is applicable to the organizations and individuals related to the hiring of foreign consultants that provide the counseling for construction planning, and the counseling for the projects of investment in the constructions of which the State capital makes up at least 30%. This Circular takes effect on December 15th 2012 and supersedes the Circular No. 09/2007/TT-BXD dated November 02nd 2007.

Ü AGRICULTURE - FOREST


SUPPORTING THE APPLICATION OF GOOD AGRICULTURAL PRACTICE
TO RICE, COFFEE
 

On October 26, 2012, the Ministry of Agriculture and Rural development promulgated the Circular No.  53/2012/TT-BNNPTNT on the List of supported agricultural and aqua cultural products according to the Prime Minister’s Decision No. 01/2012/QD-TTG dated January 09th 2012 on some policies supporting the application of Good agricultural practice to agriculture, silvi-culture, and aquaculture.
Accordingly, from December 12, 2012, supporting the application of Good agricultural practice to agricultural and aqua cultural products such as vegetables, fruits, tea, coffee, pepper, rice; swine, poultry, dairy cows, bees; pangasius, giant tiger prawns, whiteleg shrimps, tilapias.

 

Agricultural and aqua cultural products shall be selected and added in the List of supported products when they satisfy the following conditions: the products are regulated by a National Technical Regulation on the conditions for food safety during the production, preparation, or VietGAP, or other GAP, or standards of organic agriculture announced by the Ministry of Science and Technology, or other standards of organic agriculture recognized by the Ministry of Agriculture and Rural development; Major products being exported or sold at home.

This Circular takes effect on December 12th 2012.

Ü FOREIGN AFFAIRS


VALUE OF THE FOREIGN REPORTER CARD NOT EXCEEDING 12 MONTHS
 

On October 23, 2012, the Government issued the Decree No. 88/2012/ND-CP on information and press activities of the foreign press, foreign representative agencies and organizations in Vietnam. Under the Decree, permanent reporter shall be issued the foreign reporter card with its value not exceeding 12 months to be in line with the duration of entry and exit of reporter.

Also, all information and press activities of the foreign press, foreign representative agencies and organizations in Vietnam shall only be carried out after the approval of the competent authority provided for in Decree and must comply with the current regulations of Vietnamese law. Foreign reporter requesting information and press activities in Vietnam must submit 01 dossier by mail, fax or e-mail to

 

the Foreign Ministry, diplomatic missions, consular agencies or other agencies authorized to perform consular functions of Vietnam in foreign countries at least 10 working days before the date scheduled to come to Vietnam. After coming into Vietnam, foreign reporters shall go to Foreign Press Guidance Center and must operate in accordance with the purposes and programs that are specified in the Permit and under the guidance of the reporter guidance agency.

This Decree supersedes the Decree No. 67/CP dated October 31, 1996 of the Government and takes effect from December 20, 2012.

 

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