Legal Document Updates in English (47/2016)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

128/2016/TT-BTC

Circular No. 128/2016/TT-BTC dated August 09, 2016 of the Ministry of Finance on export duty exemption and reduction for environment-friendly products; and products from waste recycling and treatment activities prescribed in the Government’s Decree No. 19/2015/ND-CP of February 14, 2015, detailing a number of articles of the Law on Environmental Protection

 

* To free export tax for Vietnamese green label

Page 2

LABOR – SALARY

 

LABOR - SALARY

2

32/2016/TT-BLDTBXH

Circular No. 32/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs guiding the management of employees and remunerations in deposit insurance of Vietnam

 

* Guidance on remunerations for managerial personnel in Deposit Insurance of Vietnam

Page 2

COMMERCE

 

COMMERCE

3

106/2016/ND-CP

Decree No. 106/2016/ND-CP dated July 01, 2016 of the Government on prescribing conditions for sports business

 

* Conditions for sports business

Page 2

ENVIRONMENT

 

ENVIRONMENT

4

2044/QD-TTg

Decision No. 2044/QD-TTg dated October 27, 2016 of the Prime Minister on granting approval for policy framework 2016 (supplemented), policy framework 2017 and document of support program to respond to climate change (SP–RCC ) in period 2016 – 2020

 

* The support program to respond to climate change (SP–RCC)

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

5

1527/QD-TTg

Decision No. 1527/QD-TTg dated August 01, 2016 of the Prime Minister on task assignment for the Prime Minister and Deputy Prime Ministers

 

* Task assignment for the Prime Minister and Deputy Prime Ministers

Page 3

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


TO FREE EXPORT TAX FOR VIETNAMESE GREEN LABEL
 

On August 09,  2016, the Ministry of Finance issued the Circular No. 128/2016/TT-BTC on export duty exemption and reduction for environment-friendly products; and products from waste recycling and treatment activities prescribed in the Government’s Decree No. 19/2015/ND-CP of February 14, 2015, detailing a number of articles of the Law on Environmental Protection.

At the Circular, the Ministry of Finance emphasizes to exempt from export duty environment-friendly products listed in the Export Tariff, which are granted Vietnamese green label certificates as guided by the Ministry of Natural Resources and Environment, and to give 50% export duty reduction for products from waste recycling and treatment activities listed in the Export Tariff as certified by the state competent agencies under the Ministry of Natural Resources and Environment’s guidance.  In case of export

 

of environment-friendly products and products from waste recycling and treatment activities specified in Clause 1 of this Article which are not listed in the Export Tariff, exporters shall comply with Clause 2, Article 2 of the Ministry of Finance’s Circular No. 182/2015/TT-BTC of November 16, 2015, promulgating the Export Tariff and the Preferential Import Tariff according to the list of dutiable items.

Customs dossiers for exported goods entitled to export duty exemption and reduction must comply with Article 16 of Circular No. 38/2015/TT-BTC, enclosed with copies of Vietnamese green label certificates as guided by the Ministry of Natural Resources and Environment or copies of certificates of products from waste recycling and treatment activities issued by a state competent agency.

This Circular takes effect on September 23, 3016.

Ü  LABOR - SALARY


GUIDANCE ON REMUNERATIONS FOR MANAGERIAL PERSONNEL
IN DEPOSIT INSURANCE OF VIETNAM
 

On October 25, 2016, the Ministry of Labor, War Invalids and Social Affairs issued the  Circular No. 32/2016/TT-BLDTBXH  guiding the management of employees and remunerations in deposit insurance of Vietnam.

Within that, the adjustment and promotion of managerial personnel’s pay grade upon the re-ranking of Deposit Insurance of Vietnam or in other events shall be governed by Part 2, Circular No. 27/2016/TT-BLDTBXH dated September 01, 2016 by the Ministry of Labor - Invalids and Social affairs on guidelines for the delivery of remunerations to managerial personnel in single-member limited liability enterprises in which the Government holds 100% of the charter capital at the Circular No. 27/2016/TT-BLDTBXH.

The average salary level shall be planned according to the following base salary and its increasing coefficient in adherence to the total turnover minus total expenses if Deposit Insurance of Vietnam preserves and develops the state capital, the average labor output does not decline and the planned total turnover minus total expenses is higher than that attained in the immediately preceding year If the

 

total turnover minus total expenses planned in the year is below VND 200 billion, H shall be no more than 0.5 times the base salary.  If the total turnover minus total expenses planned in the year ranges from VND 200 billion to less than VND 500 billion, H shall be no more than 0.7 times the base salary. If the total turnover minus total expenses planned in the year is VND 500 billion or higher, H shall be no more than 1.0 times the base salary.

If the average labor output is lower than that attained in the immediately preceding year though Deposit Insurance of Vietnam preserves and grows the state capital while planning a higher total turnover minus total expenses than that attained in the immediately preceding year, the average salary level planned shall be reduced by 0.5% for every 1% inferiority of the average labor output planned to that attained in the immediately preceding year.

This Circular takes effect on December 10, 2016. Principles defined in this Circular come into force as of January 01, 2016.

Ü  COMMERCE


CONDITIONS FOR SPORTS BUSINESS
 

On July 01, 2016, the Government issued the Decree No. 106/2016/ND-CP prescribing conditions for sports business.

Accordingly, a sports business establishment must have sports physical foundations and equipment satisfying requirements of sports set by the Minister of Culture, Sports and Tourism; have financial sources ensuring the sports business. These financial sources shall be ensured by the sports business establishment itself; have technical employees for the sports business. A sports business establishment that falls into either of the following cases must have sports training instructors that providing the sports training instruction service; doing the sports business on the list of sports requiring training instructors. An

 

extreme sports business establishment must have sufficient technical employee, a sports training instructor must be a trainer or an athlete suitable to the registered sports business who has reached the second or equivalent or higher professional rank; possess a secondary or higher diploma in sports or gymnastics suitable to the registered sports business; have been trained in sports under regulations of the Minister of Culture, Sports and Tourism. Especially, a health worker at a sports business establishment must possess a secondary or higher diploma in medicine.

This Decree takes effect on the signing date.

Ü  ENVIRONMENT


THE SUPPORT PROGRAM TO RESPOND TO CLIMATE CHANGE (SP–RCC)
 

On October 27, 2016, the Prime Minister signed the Decision No. 2044/QD-TTg on granting approval for policy framework 2016 (supplemented), policy framework 2017 and document of support program to respond to climate change (SP–RCC ) in period 2016 – 2020.

Within that, the policy framework 2016 (supplemented) under the SP – RCC includes 8 main contents such as Preparedness to respond to natural disaster and monitor climate; Ensuring water and food security in climate change conditions; Preparedness to respond to rising sea and natural disaster risks in vulnerable zones; Sustainable forest management and development; Reducing greenhouse gas emission during socio-economic development process; Building capacity of the governmental agencies to respond to climate change; Building community capacity to respond to climate change; Diversifying financial resources and increasing investment efficiency in climate change.

On the policy framework 2016 (supplemented) under the SP – RCC, the Prime Minister has set up some main

 

problems to solve such as strengthen technical assistance from development partners as well as the Government’s projects, programs to make a contribution to enhancing quality of the policy actions, efficiency of the prioritized projects; strengthen leadership and management capacity of the governments from central to local in response to climate change which is occurring at a rapid rate in the country.  Mobilize resources from development partners for investment in response to climate change, creating the premise of gradually adjusting the funding from the Government, investors, non-governmental organizations and private sectors for climate change adaptation activity and in accordance with low-emission development agenda  and make effective use of domestic and foreign financial resources to achieve the target of 8% to 25% reduction in greenhouse gas emissions in comparison with BAU levels by 2030…

This Circular takes effect on the signing date.

Ü  ORGANIZATIONAL STRUCTURE


TASK ASSIGNMENT FOR THE PRIME MINISTER
AND DEPUTY PRIME MINISTERS
 

The Decision No. 1527/QD-TTg dated August 01, 2016 on task assignment for the Prime Minister and Deputy Prime Ministers issued by the Prime Minister.

Accordingly, the Prime Minister shall fully perform his/her tasks and exercise his/her powers in accordance with the Constitution and the Law on Organization of the Government; comprehensively lead and administer the work activities of the Government, Government members, heads of government-attached agencies and chairpersons of People’s Committees at all levels; and personally direct and administer major and important affairs and strategic issues in all working fields within the ambit of the Government’s functions, tasks and powers.

A Deputy Prime Minister shall assist the Prime Minister in performing the tasks as assigned by the latter; promptly report to, and ask for opinions of, the Prime Minister on important issues, and proactively coordinate with other Deputy Prime Ministers in settling affairs related to them, and report on divergent opinions, if any, to the Prime Minister.

 

Within the scope of his/her assigned working fields, a Deputy Prime Minister shall, on behalf of the Prime Minister, have the responsibilities and powers to direct ministries and sectors to formulate development strategies, master plans and plans; and mechanisms, policies and legal documents for promulgation in accordance with their competence or submission to the Government or the Prime Minister; examine and urge the organization of implementation of guidelines, policies and laws and tasks of ministries and agencies; assume the prime responsibility for handling issues that require interdisciplinary coordination, and consider and handle proposals of ministries, sectors and localities within the competence of the Prime Minister as assigned…in the absence of the Prime Minister, the Permanent Deputy Prime Minister or another Deputy Prime Minister authorized by the Prime Minister shall lead the work activities of the Government on behalf of the Prime Minister.

This Decision takes effect on the signing date.

 

 

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