Legal Document Updates in English (45/2017)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

289/2016/TT-BTC

Circular No. 289/2016/TT-BTC dated November 15, 2016 of the Ministry of Finance on amounts, collection, payment, management and use of fees and charges in the cinematography

 

* Charge of VND 01 million for issuance of licenses for setting up representative offices of foreign movie establishments

Page 2

2

288/2016/TT-BTC

Circular No. 288/2016/TT-BTC dated November 15, 2016 of the Ministry of Finance on amounts, collection, payment, management and use of fees for appraisal of performance art programs; fees for appraisal of performances recorded on tapes, discs, software programs or other materials

 

*  The maximum fee for appraisal of performance art programs is VND 5 million

Page 2

3

271/2016/TT-BTC

Circular No. 271/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance on amounts, collection and payment of assessment fees for issuance of certificates of practice registration, certificates of eligibility for providing accounting and auditing services

 

*  The initial issuance fee for certificate of registration for accounting and auditing practice is VND 1,2 million

Page 2

4

257/2016/TT-BTC

Circular No. 257/2016/TT-BTC dated November 11, 2016 of the Ministry of Finance regulations on notarial and authentication service fees, fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating private notary office..

 

* Notarization of economic contracts the maximum fee shall be VND 70 million/case

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

5

312/2016/TT-BTC

Circular No. 312/2016/TT-BTC dated November 24, 2016 of the Ministry of Finance defining financial regulations with respect to deposit insurance of Vietnam

 

* Charter capital of Deposit insurance of Vietnam is VND 5 trillion

Page 3

TRANSPORT

 

TRANSPORT

7

40/2016/TT-BGTVT

Circular No. 40/2016/TT-BGTVT dated December 7, 2016 of the Ministry of Transport on registration of Vietnam sea-going ships

 

* Assessment of ship designs

Page 3

8

160/2016/ND-CP

Decree No. 160/2016/ND-CP dated November 29, 2016 of the Government on conditions for sea transportation business, shipping agency services, and towage services

 

*  Conditions for sea transportation business

Page 3

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


CHARGE OF VND 01 MILLION FOR ISSUANCE OF LICENSES FOR SETTING UP REPRESENTATIVE OFFICES
OF FOREIGN MOVIE ESTABLISHMENTS
 

On November 15, 2016, the Ministry of Finance issued the Circular No. 289/2016/TT-BTC on amounts, collection, payment, management and use of fees and charges in the cinematography.

In accordance with the Circular, the charge for issuance of licenses for setting up branches or representative offices of foreign movie establishments in Vietnam: VND 1,000,000 per license. Charge for the license and control labeling applicable to tapes and visual discs containing performances in cinematography: VND 500 per label. Amounts of assessment fees for issuance of licenses for

 

cooperation and joint venture in film production, provision of film production services for foreign organizations and individuals, for long film project: VND 5,000,000 per project and short film project: VND 2,400,000 per project..

Particularly, Fees for appraisal and classification of movies with respect to foreign film screening in Vietnam serving national political and foreign affairs objectives or in accordance with agreements on cooperation between the Government of Vietnam and foreign countries in terms of culture and art.

This Circular takes effect January 01, 2017.


THE MAXIMUM FEE FOR APPRAISAL OF PERFORMANCE ART PROGRAMS
IS VND 5 MILLION
 

On November 15, 2016, the Ministry of Finance issued the Circular No. 288/2016/TT-BTC on amounts, collection, payment, management and use of fees for appraisal of performance art programs; fees for appraisal of performances recorded on tapes, discs, software programs or other materials.

At this Circular, the Ministry of Finance, the fees for appraisal of performance art programs up to 50 minutes is VND 1.5 million; from 51 up to 100 minutes is VND 2 million; from 101 up to 150 minutes is VND 3 million; from 151 up to 200 minutes is VND 3.5 million; From 201

 

minutes or more is VND 5 million. The amounts of fees for appraisal of performances recorded on tapes, discs, software programs or other materials for the song, dance, musical and theatrical performances recorded on tapes, discs with regard to audio-record: VND 200,000/first block plus (+) additional fee of VND 150,000 for each subsequent block (a block takes 15-minute duration); with regard to video-record: VND 300,000/first block plus (+) additional fee of VND 200,000 for each subsequent block (a block takes 15-minute duration)…

This Circular takes effect on January 01, 2017


THE INITIAL ISSUANCE FEE FOR CERTIFICATE OF REGISTRATION
FOR ACCOUNTING AND AUDITING PRACTICE IS VND 1,2 MILLION
 

On November, 14, 2016, the Ministry of Finance issued the Circular No. 271/2016/TT-BTC on amounts, collection and payment of assessment fees for issuance of certificates of practice registration, certificates of eligibility for providing accounting and auditing services.

In particular, assessment for issuance of certificate of eligibility for providing accounting and auditing services: VND 4,000,000 per assessment for initial issuance; VND 2,000,000 per assessment for amendments or reissuance

 

Assessment of issuance of certificate of registration for accounting and auditing practice: VND 1,200,000 per assessment for initial issuance; VND 800.000 per assessment for amendments or reissuance.

Especially, any torn, damaged, or lost certificate being reissued shall be exempt from fees.

This Circular takes effect on January 1, 2017 and replaces Circular No. 78/2013/TT-BTC dated June 7, 2013


NOTARIZATION OF ECONOMIC CONTRACTS THE MAXIMUM FEE
SHALL BE VND 70 MILLION/CASE
 

The Circular No. 257/2016/TT-BTC issued by the Ministry of Finance on November 11, 2016 on regulations on notarial and authentication service fees, fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating private notary office, charges for processing of applications for notary card, and the collection, transfer, management and use thereof.

Accordingly, the notarial service fee shall be calculated according to the value of contract/ transaction for less than VND 50 million is VND 50 thousand; from VND 50 million to VND 100 million is VND 100 thousand and more than VND 100 billion is VND 32.2 million + 0.02% of the portion of the value of property or the value of contract/transaction in excess of VND 100 billion (the maximum fee shall be VND 70 million/ case).

 

Fees for notarization of lease of land use right, lease of residential house, lease or sublease of property less than VND 50 million is VND 40 thousand; from VND 50 million to VND 100 million is VND 80 thousand; more than VND 10 billion is VND 05 million + 0.03% of the portion of the value of property or the value of contract/transaction in excess of VND 10 billion (the maximum fee shall be VND 8 million/ case).

What’s more important, the fee for issuance of copies of notarized documents is decreased from VND 200 thousand/copy to not exceed VND 100 thousand/ copy.

This Circular takes effect on January 01, 2017.

Ü  TAX – FEE – CHARGE


CHARTER CAPITAL OF DEPOSIT INSURANCE OF VIETNAM IS VND 5 TRILLION
 

On November 24, 2016, the Ministry of Finance issued the Circular No. 312/2016/TT-BTC defining financial regulations with respect to deposit insurance of Vietnam, a financial institution that is operating in the form of a single-member limited liability company of which 100% charter capital is held by the State, having a legal status, a seal, and an account under Vietnamese law, operating on a not-for-profit basis, and ensuring capital adequacy and self-financed expenses.

The charter capital of VND 5 trillion of Deposit insurance of Vietnam provided by the state budget and other legal source. The Deposit insurance of Vietnam also have technical reserve funds; development investment funds and other capitals according to the provisions of law.

Deposit Insurance of Vietnam is entitled to use capital to serve its operation according to the law.  Using capital of

 

Deposit Insurance of Vietnam must ensure the safety and development of capital. Deposit Insurance of Vietnam shall be responsible for monitoring all the existing capitals and assets, doing the bookkeeping in strict compliance with current financial regime and statistics, reflecting sufficiently, accurately and punctually changes in capital and assets during its operation, defining specific responsibilities of each department, individual for causing damage and loss of its capital, assets.  Deposit Insurance of Vietnam is entitled to use its temporarily idle funds to purchase Government bonds, treasury bills of State bank of Vietnam and make deposits at State Bank of Vietnam. The technical reserve funds shall be used for the purpose of paying insurance payout to depositors in accordance with the law on deposit insurance.

This Circular takes effect on January 10, 2017 and replaces Circular No. 41/2014/TT-BTC dated April 8, 2014

Ü  TRANSPORT


ASSESSMENT OF SHIP DESIGNS
 

In accordance with the Circular No. 40/2016/TT-BGTVT dated December 07, 2016 of the Ministry of Transport  on registration of Vietnam sea-going ships, the ship design must comply with relevant national technical regulations on classification and construction of ships, tonnage measurement, ship safety equipment, lifting gear used on board, and ship pollution prevention systems.

Besides, with regard to ships operating in international routes, their ship manuals must also comply with international treaties applicable to ships in terms of maritime safety, security, labor and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

 

Types of inspection of ships include initial survey, including: technical-related examination and surveillance of new construction and import of ships; regular survey, including: periodical survey, intermediate survey, docking survey, annual survey and occasional survey. Contents and period of surveys of ships shall be consistent with national technical regulation on classification and construction of ships, tonnage measurement, ship safety equipment, lifting equipment used on board, the systems prevents pollution of ships and international treaties to which the Socialist Republic of Vietnam is a member.

This Circular takes effect on July 01, 2017.


CONDITIONS FOR SEA TRANSPORTATION BUSINESS
 

The Decree No. 160/2016/ND-CP approved by the Government on conditions for sea transportation business, shipping agency services, and towage services.

In accordance with this Decree, requirements pertaining to enterprises engaging in international sea transportation business, the regarding organizational structure must have a department in charge of safety in accordance with the International Safety Management Code (ISM Code); a department in charge of maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code); a department in charge of sea transportation business and operation; a department in charge of legal affairs. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 05 billion. Any person in charge of the system of maritime safety and security must be trained and issued with a certificate prescribed by the Minister of Transport; Any person in charge of management of sea transportation business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties; Any person in charge

 

of legal affairs must obtain at least a college’s degree in law specialty….

Enterprises engaging in inland sea transportation business must have a department in charge of shipping business and operation regarding organizational structure; a guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 500 million; and At least 01 seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport is required.

Any enterprise providing towage services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides towage services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital. Any staff member of a shipping agency must be a Vietnamese citizen, granted with a professional certificate of shipping agencies.

This Decree takes effect July 1, 2017 and annuls Decree No. 30/2014/ND-CP dated April 14, 2014.

 

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