Legal Document Updates in English (48/2014)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

88/2014/ND-CP

Decree No. 88/2014/ND-CP dated September 26, 2014 of the Government on credit rating services

 

Legal capital level of a credit rating agency is VND 15 billion

Page 2

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

2

54/2014/QD-TTg

Decision No. 54/2014/QD-TTg dated September 19, 2014 of the Prime Minister on exempting the import tax for devices for manufacturing and assembling the medical equipments with high priority

 

Exempting the import tax for 5 years for medical equipments

Page 2

LAND – HOUSING

 

LAND - HOUSING

3

102/2014/ND-CP

Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government prescribing administrative violations on land sector

 

Pecuniary penalty to VND 10 million imposed on housing land encroachment and appropriation

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

4

111/2014/ND-CP

Decree No. 111/2014/ND-CP dated November 20, 2014 of the Government providing the useful life of inland waterway vessels and the useful life of vessels permitted for import

 

High-speed vessels have the maximum period of 20 years measured

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

5

1342/QD-TTg

Decision No. 1342/QD-TTg dated August 12, 2014 of the Prime Minister Decision approving the plan of action to develop agricultural machinery industry in implementation of Vietnam’s industrialization strategy within the framework of Vietnam - Japan cooperation through 2020, with a vision toward 2030

 

Agriculture’s GDP proportion of 15%

Page 3

 

SUMMARY:

 

Ü ENTERPRISE


LEGAL CAPITAL LEVEL OF A CREDIT RATING AGENCY IS VND 15 BILLION
 

The legal capital level of a credit rating agency for its credit rating activities is VND fifteen (15) billion is the content prescribed at the Decree No. 88/2014/ND-CP dated September 26, 2014 of the Government on credit rating services. The legal capital level is exclusive of legal capital level for other business lines a credit rating agency may conduct in accordance with law.

Also in accordance with this Decree, from November 15, 2014, limited liability companies; joint-stock companies and partnerships which having an enterprise registration certificate; having a paid-up charter capital at least equal; having a general director or director; having at least five (5) employees; who meet the criteria and conditions for members of credit rating councils; having at least ten (10) employees who meet the criteria and conditions for analysts; having tentative business plans; being in line with the master plan on development of credit rating services shall be granted of business eligibility certificates.

 

Besides, the Decree also prescribes some prohibited acts in credit rating activities such as modifying, erasing or forging documents in dossiers for which business eligibility certificates have been granted; modifying, erasing or forging business eligibility certificates; leasing or transferring business eligibility certificates; providing credit rating services without business eligibility certificates; demanding or receiving money or any benefits from rated organizations other than credit rating service charges agreed upon in signed credit rating contracts; using results of credit rating and issuance of debt instruments by rated organizations as a basis for determining credit rating service charges; colluding with or contacting rated organizations to falsify credit rating results... In particular, organizations and individuals may not use state budget funds to contribute capital to establish credit rating agencies.

This Decree takes effect on November 15, 2014.

Ü TAX – FEE – CHARGE


EXEMPTING THE IMPORT TAX FOR 5 YEARS FOR MEDICAL EQUIPMENTS
 

This is the content prescribed at the Decision No. 54/2014/QD-TTg dated September 19, 2014 of the Prime Minister on import duty exemption for components imported to produce or assemble medical equipment prioritized for research and manufacture.

In particular, the Prime Minister agrees to exempt from import tax for components imported under investment projects to produce or assemble medical equipment prioritized for research and manufacture.

Within that, goods being components imported for investment projects to produce

 

or assemble medical equipment prioritized for research and manufacture shall be exempt from import duty for 5 (five) years from the date the projects start producing or assembling medical equipment such as Magnetic resonance imaging system; Computed tomography scanner system; Angiography system; Digital radiography machine; Ultrasound machine, transcranial doppler ultrasound machine; Patient monitor; Fetal monitor; Electrocardiogram machine; Electroencephalogram machine; Pulse oximeter; Fetal doppler; Diagnostic endoscopic system….

This Decision takes effect on November 15, 2014.

Ü LAND - HOUSING


PECUNIARY PENALTY TO VND 10 MILLION IMPOSED ON HOUSING LAND ENCROACHMENT
AND APPROPRIATION
 

From December 25, 2014, pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on housing land encroachment and appropriation or pecuniary penalty ranging from VND 3,000,000 to VND 5,000,000, imposed on encroachment and appropriation violations in terms of the land parcel that is used for rice cultivation, specialized, protective and production forests, non-agricultural purposes other than the housing land…are the contents prescribed at the Decree No. 102/2014/ND-CP issued by the Government on November 10, 2014 on administrative violations on land sector.

Also from December 25, 2014, warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for violations like failure to obtain the first registration of land and pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the changes to land parcels but such changes have not been registered in accordance with laws.

Pecuniary penalty ranging from VND 3,000,000 to VND 5,000,000 for individuals and VND 6,000,000 to VND 10,000,000for organizations for the willful use of land title to serve the purpose of disposition, allocation, lease,

 

sublease, collateralization and capital contribution in the case of failure to obtain the Certificate of land use right, disputed land, or land parcels subject to the seizure or distrait to enforce the judicial order, or land of which the use term has expired but is not permitted to get extended by the competent authorities.

Besides, the Decree also prescribes the late grant of the property and land titles to house purchasers and land title holders, where the organization who is allocated the title to the land by the State to build commercial houses takes responsibility for completing required procedures for the grant of the property and land titles to house purchasers and land title-holders but fails to apply for the grant of such titles as from the date oh which the delivery of house and land is completed. Accordingly, the late time of more than 12 months to below 30, 30 to below 100 family and to 100 family households or individuals or more shall have Pecuniary penalty ranging from above VND 100,000,000 to VND 300,000,000; VND 300,000,000 to VND 500,000,000 and VND 500,000,000 to VND 1,000,000,000…

This Decree takes effect on December 25, 2014.

Ü EXPORT - IMPORT


HIGH-SPEED VESSELS HAVE THE MAXIMUM PERIOD OF 20 YEARS MEASURED
 

On November 20, 2014, the Government issues the Decree No. 111/2014/ND-CP prescribing the useful life of inland waterway vessels and the useful life of vessels permitted for import and takes effect on January 05, 2015.

Accordingly, inland waterway vessels have useful life from 18 – 35 years depending on each types and material. In particular, hovercrafts with metal, fiber- reinforced plastic, ferrocement or reinforced concrete hull, not exceeding 18 years; the high-speed passenger ships has useful life not exceeding 20 years; for Ships carrying dangerous goods, oil, liquefied gases in bulk and passenger ships other than overnight cruises, floating hotels, floating restaurants, high-speed ships and hovercrafts shall have useful life not exceeding 30  years with wooden hull, not exceeding 25 years. Besides, the Decree also prescribes the ages for

 

importing passenger ships and passenger vessel..within that, the ages of imported passenger ships and passenger vessel cannot exceed 10 years; and 15 years for other waterway vessels. Especially, not to be permitted to import wooden-hull overnight cruises, floating restaurants and floating hotels and other vessels lacking sufficient grounds for determining their building year.

Particularly, Vessels with their useful life to expire before January 5, 2015, between January 5, 2015, and January 5, 2016, between January 5, 2016, and January 5, 2017 may operate through December 31, 2016, December 31, 2017 and December 31, 2018. Vessels with their useful life to expire on January 5, 2017, or afterward may not operate after that date.

This Decree takes effect on January 5, 2015.

Ü ECONOMIC – SOCIAL POLICIES


AGRICULTURE’S GDP PROPORTION OF 15%
 

The Prime Minister has just signed the Decision No. 1342/QD-TTg dated August 12, 2014 approving the plan of action to develop agricultural machinery industry in implementation of Vietnam’s industrialization strategy within the framework of Vietnam - Japan cooperation through 2020, with a vision toward 2030.

This Strategy shall be implemented to 2020 with the issues to encourage farmers to use agricultural machinery; to encourage manufacturers to supply agricultural machinery based on farmers’ demand such as supplementing and completing tax regulations so that factories assembling agricultural machinery may purchase some domestically manufactured parts; Building the capacity (equipment and training) of experimentation laboratories and centers for

 

quality inspection of agricultural machinery and to elaborate regulations to create a healthy environment for agricultural machinery trading.

It is planned that, total output value must reach USD 430 billion; achieve the targets of per-capita GDP of USD 3,000 for a population; these sectors’ GDP proportion of 15%; from the level of USD 740/person actually achieved in 2010 to the target of USD 2,000/person by 2020. For the rate of agricultural mechanization, the Prime Minister emphasizes that by 2020, this rate at the stages of soil preparation, sowing-planting- tending, harvest and processing will reach 95%, 70%, 70% and 80%, respectively.

This Decision takes effect on the signing date.

 

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