Legal Document Updates in English (44/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

127/2015/TT-BTC

Circular No. 127/2015/TT-BTC dated August 21, 2015 of the Ministry of Finance guiding the grant of enterprise identification numbers to, and assignment of tax agencies to manage, newly established enterprises

 

Automatic grant of enterprise identification numbers through electronic mode

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

2

1513/QD-TTg

Decision No. 1513/QD-TTg dated September 03, 2015 of the Prime Minister approving the Scheme to promote Vietnamese enterprises’ direct participation in foreign distribution systems through 2020

 

Encourage Vietnamese enterprises to export directly to foreign distribution systems

Page 2

COMMERCE - ADVERTISING

 

COMMERCE - ADVERTISING

3

28/2015/TT-BCT

Circular No. 28/2015/TT-BCT dated August 20, 3015 of the Ministry of Indusry and Trade on pilot implementation of self-certification of origin of goods provided in the ASEAN Trade in Goods Agreement

 

Pilot implementation of self-certification of origin of goods provided in the ASEAN

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

4

72/2015/ND-CP

Decree No. 72/2015/ND-CP dated September 07, 2015 of the Government on management of external information activities

 

Supports in writing news, articles and producing programs and publications to introduce Vietnam in the foreign mass media

Page 3

NATIONAL SECURITY

 

NATIONAL SECURITY

5

71/2015/ND-CP

Decree No. 71/2015/ND-CP dated September 03, 2015 of the Government on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam

 

Foreigners sent to maritime boundary areas must notify their arrival in writing at least 24 hours in advance

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


AUTOMATIC GRANT OF ENTERPRISE IDENTIFICATION NUMBERS
THROUGH ELECTRONIC MODE
 

On August 21, 2015, the Ministry of Finance issued the Circular No. 127/2015/TT-BTC guiding the grant of enterprise identification numbers to, and assignment of tax agencies to manage, newly established enterprises; within that the most important content is the automatic grant of enterprise identification numbers through electronic mode via the General Department of Taxation’s Tax Registration System.

In particular, an enterprise identification number shall be granted automatically through electronic mode via the General Department of Taxation’s Tax Registration System right on the working day after a complete and valid dossier is received from the National Enterprise Registration Information System. If information is incomplete (lacking compulsory information) or invalid as prescribed, to automatically create a notice of incompleteness and invalidity of information and to automatically transmit information to the National Enterprise Registration Information System for the business registration agency to notify such to the enterprise for modification and supplementation of its enterprise registration dossier as prescribed.

 

The assignment of a tax agency to manage an enterprise shall be conducted on the General Department of Taxation’s Tax Registration System simultaneously with the grant of the enterprise identification number. The assignment of a tax agency to manage an enterprise must suit the organization of business activities of the enterprise and characteristics of each locality, area and region. Accordingly, Provincial-level Tax Departments shall manage enterprises such as state enterprises; foreign-invested enterprises; and enterprises under BOT, BTO or BT projects that are established by investors to design, build, operate and manage the projects’ works and implement other projects under the law on investment; enterprises applying cost-accounting according to the whole sector and enterprises operating in different geographical areas; enterprises conducting specific and legally complicated business activities such as finance, banking, insurance, securities, real estate business, accounting, audit….

This Circular takes effect on October 10, 2015.

Ü EXPORT - IMPORT


ENCOURAGE VIETNAMESE ENTERPRISES TO EXPORT DIRECTLY
TO FOREIGN DISTRIBUTION SYSTEMS
 

The Scheme to promote Vietnamese enterprises’ direct participation in foreign distribution systems through 2020 approved by the Prime Minister at the Decision No. 1513/QD-TTg dated September 03, 2015, within that To encourage Vietnamese enterprises to export directly to foreign distribution systems on the basis of drawing on strengths and tapping to the utmost competitive advantages of Vietnam’s exports.

One of the important tasks and solutions prescribed in the Scheme is to step up trade promotion and connection with foreign distribution systems including supporting enterprises in producing and developing product designs and building brands for exports to satisfy requirements of foreign distribution systems; prioritizing trade promotion and connection with foreign distribution systems within the framework of the National Trade Promotion Program; increasing activities of overseas trade bureaus and trade promotion offices to assist Vietnamese enterprises in exploring, connecting with and exporting directly to foreign distribution systems; organizing Vietnamese Goods Week programs in foreign distribution systems; focusing first of all on major distribution systems in Europe, North America, Southeast Asia and Northeast Asia with commercial presence in Vietnam; and supporting domestic enterprises

 

 

to display and introduce their goods in Vietnamese Goods Week programs; intensifying popularization of brand names, attaching special importance to international communication activities and renovate communication approaches toward direct advertising on foreign communication channels and media…

Besides, creating a section on key importers of Vietnamese goods in foreign distribution systems on the e-portal of the Ministry of Industry and Trade for search and exploitation by Vietnamese enterprises and collecting and building accurate and adequate information systems and databases on foreign distribution systems, attaching important to the key markets of Europe, North America, Southeast Asia and Northeast Asia;

From above solutions, the Scheme set the objectives to increase the value of goods exported to foreign distribution systems, first of all, those currently present in Vietnam, then other distribution systems; By 2020, Vietnamese goods will be exported directly to all large distribution systems in Europe, North America, Southeast Asia and Northeast Asia, and in countries that have signed free trade agreements with Vietnam.

This Decision takes effect on the signing date.

Ü COMMERCE - ADVERTISING


PILOT IMPLEMENTATION OF SELF-CERTIFICATION OF ORIGIN
OF GOODS PROVIDED IN THE ASEAN
 

The Ministry of Industry and Trade has just issued the Circular No. 28/2015/TT-BCT dated August 20, 2015 on pilot implementation of self-certification of origin of goods provided in the ASEAN Trade in Goods Agreement, allow the declaration by traders themselves of origin of their exports in commercial invoices instead of C/O form D.

Accordingly, to be selected to participate in the pilot program of self-certification of origin of goods, a trader must be a producer and concurrently an exporter of goods it produces; have committed no violation against the regulations on origin of goods within 2 (two) years prior to the date of application of registration dossier; have a

 

turnover of at least USD 10 (ten) million from exports to ASEAN under C/O form D in the preceding year and have official(s) who have been trained and possess certificates of training in origin of goods granted by a training unit designated by the Ministry of Industry and Trade.

Besides, the Circular emphasizes that traders selected by the Ministry of Industry and Trade to participate in the pilot implementation of self-certification of origin of goods under this Circular may retain the right to apply for certificates of origin, form D (below referred to as C/O form D).

This Circular takes effect on October 05, 2015.

Ü ECONOMIC – SOCIAL POLICIES


SUPPORTS IN WRITING NEWS, ARTICLES AND PRODUCING PROGRAMS
AND PUBLICATIONS TO INTRODUCE VIETNAM IN THE FOREIGN MASS MEDIA
 

On September 07, 2015, the Government issued the Decree No. 72/2015/ND-CP on management of external information activities, official information on Vietnam, information promoting the image of Vietnam, and information on the world situation into Vietnam.

In accordance with regulations prescribed in this Decree, foreign news and press agencies, communication companies and reporters shall be supported and facilitated in writing news and articles and producing programs and publications in order to introduce Vietnam in the foreign mass media.

Official information on Vietnam means information on guidelines of the Party, policies and laws of the State; information on the situation of Vietnam in various fields; information on the history of Vietnam and other information. Official information on Vietnam shall be proactively provided to international communities and overseas Vietnamese by ministries, ministerial-level agencies, government-attached

 

agencies and provincial-level People’s Committees according to their functions, tasks and powers. And official information on Vietnam may be provided in official statements delivered at international events and forums, international press conferences and national press conferences; official statements of state management agencies; external activities of state management agencies; external activities, making of statements, organization of events, publication of information on websites and other activities of overseas representative missions of Vietnam….

The external information activities must ensure information be accurate, timely and conformable with external information orientations set by the Party and the State in each period and approved external information programs and plans; not to make untruthful, distortional and slanderous news in order to offend the honor of organizations and honor and dignity of citizens.

This Decree takes effect on October 22, 2015.

Ü NATIONAL SECURITY


FOREIGNERS SENT TO MARITIME BOUNDARY AREAS MUST NOTIFY THEIR ARRIVAL
IN WRITING AT LEAST 24 HOURS IN ADVANCE
 

In accordance with the Decree No. 71/2015/ND-CP dated September 03, 2015 of the Government on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam, foreigners sent to maritime boundary areas by Vietnamese agencies or organizations shall produce letters of introduction of provincial-level People’s Committees and, at the same time, notify their arrival in writing at least 24 hours in advance, Vietnamese agencies or organizations shall notify their arrival in writing at least 12 hours in advance to provincial-level Public Security Departments and Border Guard offices of the localities where they will arrive.

For foreigners working in economic zones within maritime boundary areas or partly located in maritime boundary areas, their employers, Vietnamese partners, or representatives of foreign non-governmental organizations shall, within 24 hours after these foreigners start working, notify in writing provincial-level Departments of Labor, War Invalids and Social Affairs, district-level People’s Committees, commune-level Public Security offices and local Border Guard stations of the full names, ages, citizenship, serial numbers of passports, dates of starting and finishing working, tasks, and workplaces of the

 

foreigners, and names and addresses of their employing agencies or organizations.

The Decree also emphasizes that To enter maritime boundary areas, Vietnamese citizens (except permanent residents in these areas) must have one of the following papers: people’s identity card, passport or citizen identification paper, or officer identification paper, army’s identification paper or people’s public security identification paper (for officers and soldiers of the People’s Army and People’s Public Security forces). If intending to stay overnight in these areas, they shall make sojourn registration with commune-level Public Security offices. Operators of waterway craft in maritime boundary areas must possess a captain’s diploma or certificate granted by a competent agency. Chief engineers and seamen must possess a professional diploma or certificate or a practice certificate, seaman’s book and seaman insurance certificate as prescribed by law; and a weapon use permit, if they carry weapons.

This Decree takes effect on October 20, 2015, and replaces the Government’s Decree No. 161/2003/ND-CP of December 18, 2003.

 

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