Legal Document Updates in English (48/2015)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

193/2015/TT-BTC

Circular No. 193/2015/TT-BTC dated November 24, 2015 of the Ministry of Finance amending and supplementing the Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of the Law on Value-Added Tax and the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding a number of articles of the Law on Value-Added Tax

 

Supplement the subjects not subjected to value-added tax declaration and assessment

 

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

2

23/2015/TT-NHNN

Circular No. 23/2015/TT-NHNN dated December 04, 2015 of the State Bank of Vietnam amending, supplementing a number of articles of the Decree No. 581/2003/QD-NHNN dated June 09, 2003 of the State Bank Governor promulgating the regulation on compulsory reserves applicable to credit institutions

 

Adjustments on compulsory reserves applicable to credit institutions

Page 2

SECURITIES

 

SECURITIES

3

155/2015/TT-BTC


Circular No. 155/2015/TT-BTC dated October 06, 2015 of the Ministry of Finance guiding the disclosure of information on the securities market

 

Public company shall build its website within 6 months after it becomes public

Page 2

TRANSPORTATION

 

TRANSPORTATION

4

61/2015/TT-BGTVT

Circular No. 61/2015/TT-BGTVT dated November 02, 2015 of the Ministry of Transport on regulations on cargo transportation on inland waterways

 

Cargo transportation of over 100 tons on inland waterways must be approved

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

5

52/2015/QD-TTg

Decision No. 52/2015/QD-TTg dated October 20, 2015 of the Prime Minister on the management of border trade with neighboring countries

 

Free tax for purchase, sale and exchange of goods by border inhabitants

 

Page 3

 

SUMMARY:

 

Ü  TAX – FEE – CHARGE


SUPPLEMENT THE SUBJECTS NOT SUBJECTED TO VALUE-ADDED TAX DECLARATION
AND ASSESSMENT
 

On November 24, 2015, the Ministry of Finance issued the Circular No. 193/2015/TT-BTC dated November 24, 2015 of the Ministry of Finance amending and supplementing the Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of the Law on Value-Added Tax and the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding a number of articles of the Law on Value-Added Tax.

Accordingly, apart from some cases prescribed by the current regulations…from January 10, 2016, organizations or enterprises paid remunerations by government bodies for their provision of authorized collection or payment services are not subjected to value-added tax declaration and

 

assessment.  Such authorized collection and payment remunerations which are not subjected to value-added tax declaration and assessment as prescribed in this point are those obtained from activities: collection of voluntary social insurance, voluntary health insurance premiums authorized by social insurance authorities; payment of benefits provided as an advantage for persons honored for their meritorious service, other benefits authorized by the Ministry of Labor, War Invalids and Social Affairs; collection of taxes paid by sole proprietors authorized by tax authorities and other collection and payment activities authorized by government bodies.

This Circular takes effect on January 10, 2016.

Ü FINANCE - BANKING


ADJUSTMENTS ON COMPULSORY RESERVES APPLICABLE TO CREDIT INSTITUTIONS
 

On December 04, 2015, the State Bank of Vietnam issued the Circular No. 23/2015/TT-NHNN dated December 04, 2015 of the State Bank amending, supplementing a number of articles of the Decree No. 581/2003/QD-NHNN dated June 09, 2003 of the State Bank Governor promulgating the regulation on compulsory reserves applicable to credit institutions.

In accordance with the Circular, on January 28, 2016, the payment of interests on compulsory reserves, excessive compulsory-reserve of each type of credit institution and each type of deposit in each period shall be made according to the State Bank’s regulations instead of the Government’s regulations prescribed in previous regulations.

Another important content prescribed in this Circular is the regulations on compulsory reserves applicable to credit institutions. In cases where credit institutions are placed under the approved re-structural plan, credit institutions are implementing to re-structure the poor credit institutions as requested, the State Bank Governor shall consider and decide to reduce the compulsory-reserve rates applicable to

 

 

such credit institutions. And in cases where credit institutions are placed under the special control, the State Bank Governor shall consider and decide to reduce the compulsory-reserve rates applicable to such credit institutions to the minimum level of 0%.

Besides, the notification of compulsory reserves and payment of interests on compulsory reserves, excessive compulsory-reserve in Vietnam dong shall be carried out by State Bank's Transaction Office. The notification of compulsory reserves and payment of interests on compulsory reserves, excessive compulsory-reserve in Vietnam dong shall be carried out by the State Bank's branches in the provinces and cities where credit institutions are headquartered (excluding the case that credit institutions select State Bank's Transaction Office to transact and send the notification to State Bank's Transaction Office, the State Bank's branches in the provinces and cities where credit institutions are headquartered.)

This Circular takes effect on January 28, 2016.

Ü SECURITIES


PUBLIC COMPANY SHALL BUILD ITS WEBSITE WITHIN 6 MONTHS
AFTER IT BECOMES PUBLIC
 

Takes effect on January 01, 2016, the Circular No. 155/2015/TT-BTC dated October 06, 2015 of the Ministry of Finance guiding the disclosure of information on the securities market, requires that public company shall build its website within 6 months after it becomes public.

Similarly, public company shall build its website within 6 months after it becomes public.  An institution issuing bonds to the public shall build its website before conducting a public bond offering. A securities company or fund management company shall build its website when officially commencing its operation. A listed or registered-for-trading institution shall build its website when carrying out procedures for registering its listing or trading on the Stock Exchange;

b/ An institution that builds its website shall report to the State Securities Commission and Stock Exchange and publicize its website address and any change related to such address within 3 working days after completing the building of the website or when changing the website address.

 

Also in accordance with this Circular, a listed institution or large-sized public company shall extraordinarily disclose information within 24 hours upon the occurrence when the equity capital contribution decreases by at least 10% or the total assets decrease by at least 10% as stated in the latest audited annual financial statement or latest examined biannual financial statement. There is a decision on increase or reduction of the charter capital; a decision on contribution of investment capital to an institution or a project, borrowing or lending or another transaction valued at 10% or more of total assets of the company as stated in the latest audited annual financial statement or latest examined biannual financial statement; a decision on contribution of capital valued at 50% or more of the charter capital of an institution (determined according to the charter capital of the contribution-receiving institution before the contribution); a decision on purchase or sale of assets valued at 15% or more of total assets of the company calculated in the latest audited annual financial statement or latest examined biannual financial statement.

Ü TRANSPORTATION


CARGO TRANSPORTATION OF OVER 100 TONS ON INLAND WATERWAYS
MUST BE APPROVED
 

The Ministry of Transport has just issued the Circular No. 61/2015/TT-BGTVT dated November 02, 2015 on regulations on cargo transportation on inland waterways, Organizations or individuals should submit 01 (one) set of application for approval for the cargo with actual inseparable size over 10 m, 40 m or 4.5 m in width, length and height respectively or inseparable cargo of over 100 tons to Vietnam Inland Waterways Agency or Regional Inland Waterways Branch, to the Services of Transport to Vietnam Maritime Administration or Maritime Branch.

The application includes a written request and super-size or super-weight cargo transport plan according to instructions. Besides, the Circular also allows the cargo transport traders to request transport buyers to open packages for examination in case of any doubt about declaration of cargo types; reject transport of packages failing to meet requirements and cargo banned from transportation; request payment of fees for storage of cargo on the ship as

 

a result of the fault caused by transport buyers or cargo recipients…

In case the cargo is damaged or lost by the fault of the transport trader, for cargo with value declared in the bill of lading, compensation should be made for the value declared; If actual damage is lower than declared value as proved by the transport trader, compensation for value of actual damage; for cargo without declaration of value in the bill of lading, compensation for average value of cargo of the same type in arrival area. Or  in case the damage or loss of cargo is caused partly by the transport trader, docker, attendant, compensate for the damage or loss it has caused; In case the damage or loss results in overall damage, compensate for the whole. Apart from compensation for damage, the transport trader, docker, attendant shall return additional fees previously paid for the quantity of damaged cargo.

This Circular takes effect on January 01, 2016.

Ü ECONOMIC – SOCIAL POLICIES


FREE TAX FOR PURCHASE, SALE AND EXCHANGE OF GOODS
BY BORDER INHABITANTS
 

The subjects are entitled to exemption from import duty and other taxes (if any) for purchased, sold or exchanged goods valued at no more than VND 2,000,000 (two million)/person/day/time, for 4 times at most a month, for goods on the Ministry of Industry and Trade-promulgated list of goods allowed for purchase, sale and exchange by border inhabitants is the important content prescribed at the Decision No. 52/2015/QD-TTg dated October 20, 2015 of the Prime Minister on the management of border trade with neighboring countries.

 

 

Goods within the limit which are resold by border inhabitants rather than being used for their life and production shall be taxed in accordance with current law.

Also in accordance with this Decision, Vietnamese traders without direct foreign investment (below referred to as traders) may purchase and sell goods across borders. Foreign-invested traders, and foreign companies and their branches in Vietnam may only purchase and sell goods across borders in the cases prescribed by Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.

This Decision takes effect on January 01, 2016.

 

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