Legal Document Updates in English (48/2021)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

104/2021/ND-CP

Decree No. 104/2021/ND-CP dated December 04, 2021 of the Government prescribing the extension of time limit for excise tax payment of domestically manufactured or assembled automobiles

 

Extend the time limit for excise tax payment of domestically manufactured automobiles

Page 2

2

100/2021/TT-BTC

Circular No. 100/2021/TT-BTC dated November 15, 2021 of the Ministry of Finance amending and supplementing a number of articles of the Minister of Finance’s Circular No. 40/2021/TT-BTC of June 01, 2021, providing guidance on value-added tax, personal income tax, and tax administration for business households and business individuals

 

From 2022, an individual only having asset lease activities may be exempted from VAT and PIT

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

1990/QD-TTg

Decision No. 1990/QD-TTg dated November 26, 2021 of the Prime Minister on reducing the loan interest rates for policy credit programs at the Vietnam Bank for Social Policies

 

Reduce 10% of loan interest rates for policy credit programs until the end of December 31, 2021

Page 2

 

 

 

4

17/2021/TT-NHNN

Circular No. 17/2021/TT-NHNN dated November 16, 2021 of the State Bank of Vietnam amending and supplementing a number of articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam on bank card operations

 

Add regulations on issuing cards by electronic means

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

5

5619/QD-BYT

Decision No. 5619/QD-BYT dated December 07, 2021 of the Ministry of Health prescribing “Guidance on prevention, control and risk assessment of COVID-19 infection at shopping centers, supermarkets, markets and restaurants”

 

Restaurants must publicize phone numbers of the officers in charge of COVID-19 prevention and control

Page 3

SECURITIES

 

SECURITIES

6

101/2021/TT-BTC

Circular No. 101/2021/TT-BTC dated November 17, 2021 of the Ministry of Finance on prescribing prices of services in the field of securities applicable to the Stock Exchanges and the Vietnam Securities Depository and Clearing Corporation

 

From 2022, the price of first-time listing registration service for stocks is 10 million dong

Page 3

CULTURE – SPORT – TOURISM

 

CULTURE – SPORT – TOURISM

7

13/2021/TT-BVHTTDL

Circular No. 13/2021/TT-BVHTTDL dated November 30, 2021 of the Ministry of Culture, Sports and Tourism, amending and supplementing a number of articles of the Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017 of the Minister of Culture, Sports and Tourism on detailing a number of articles of the Law on Tourism

 

Amend regulations on refund of deposits after revocation of travel service business licenses

Page 4

POLICY

 

POLICY

8

4358/UBND-KGVX

Official Dispatch No. 4358/UBND-KGVX dated December 05, 2021 of Hanoi People's Committee on implementing COVID-19 pandemic prevention and control measures under the “four-on-the-spot” motto

 

Hanoi: Pandemic prevention and control measures under the “four-on-the-spot” motto

Page 4

 

SUMMARY:

 

Ü TAX – FEE – CHARGE

EXTEND THE TIME LIMIT FOR EXCISE TAX PAYMENT
OF DOMESTICALLY MANUFACTURED AUTOMOBILES

The Government issues the Decree No. 104/2021/ND-CP prescribing the extension of time limit for excise tax payment of domestically manufactured or assembled automobiles on December 04, 2021.

Specifically, to extend the time limit for payable excise tax amount incurred in the tax periods of October and November of 2021, for domestically manufactured or assembled automobiles. The extension time is from the end of the time limit for excise tax payment in accordance with laws on tax administration, specifically as follows: The time limit for paying the payable excise tax arising in the October 2021 tax period is no later than December 20, 2021; The time limit for paying the payable excise tax arising in the November 2021 tax period is no later than December 30, 2021.

Besides, in case the taxpayers make an additional declaration to the tax declaration dossier of the extended tax period, which leads to an increase in the payable excise tax

 

amount and submit it to the tax authorities before the extended tax payment time limit expires, the extended tax amount includes the additional tax payable due to the additional declaration.

In case taxpayers are eligible for extension to declare and submit excise tax declarations in accordance with current law provisions, they shall not yet have to pay the payable excise tax amount stated in the filled-in excise tax declarations. Taxpayers shall determine and take responsibility on requesting to extension for the right beneficiaries according to provisions of this Decree. If the taxpayers send the written application for extension of the time limit for excise tax payment to the tax agencies after December 15, 2021, the time limit for excise tax payment shall not be extended according to the provisions of this Decree.

This Decree takes effect from the date of its signing.

FROM 2022, AN INDIVIDUAL ONLY HAVING ASSET LEASE ACTIVITIES
MAY BE EXEMPTED FROM VAT AND PIT

On November 15, 2021, the Ministry of Finance promulgates the Circular No. 100/2021/TT-BTC amending and supplementing a number of articles of the Minister of Finance’s Circular No. 40/2021/TT-BTC of June 01, 2021, providing guidance on value-added tax, personal income tax, and tax administration for business households and business individuals.

According to new regulations, presumptive tax-applying households whose payable presumptive tax amounts are notified by tax offices from the beginning of a year shall pay taxes as notified. Presumptive tax-applying households having just commenced their business activities (having carried out business activities for less than 12 months in a calendar year) shall be liable to pay VAT, and shall pay PIT if the turnover from their business activities per year exceeds VND 100 million; or shall not be liable to pay VAT, and are not required to pay PIT if the turnover from their business activities per year is up to VND 100 million.

 

Remarkably, in case an individual only has asset lease activities and the lease period is shorter than a year, he/she shall not be liable to pay VAT, and is not required to pay PIT if the turnover from asset lease is up to VND 100 million per year.

In addition, in case the organization being the owner of an e-commerce trading floor does not declare and pay taxes on behalf of the authorizing business individual via the floor in accordance with the civil law, the provincial-level Tax Department shall coordinate with the e-commerce trading floor in sharing and providing information of the business individual via the floor under guidance of the General Department of Taxation for performing tax administration in accordance with law.

This Circular takes effect on January 01, 2022.

Ü FINANCE – BANKING

REDUCE 10% OF LOAN INTEREST RATES FOR POLICY CREDIT PROGRAMS
UNTIL THE END OF DECEMBER 31, 2021

This content is defined in the Decision No. 1990/QD-TTg dated November 26, 2021 of the Prime Minister on reducing the loan interest rates for policy credit programs at the Vietnam Bank for Social Policies.

Specifically, the loan interest rates for policy credit programs at the Vietnam Bank for Social Policies which is regulated by the Prime Minister shall be reduced by 10%. The Vietnam Bank for Social Policies shall enhance measures to balance operation expenses to reduce loan interest rates within the plan of capital offsetting interest rate differences and management charges assigned in 2021.

 

Besides, the duration of reducing the loan interest rates for policy credit programs as specified which apply to outstanding loans at the Vietnam Bank for Social Policies is from October 01, 2021 to the end of December 31, 2021. After December 31, 2021, the loan interest rates for policy credit programs at the Vietnam Bank for Social Policies shall comply with the current regulations of the Prime Minister.

This Decision takes effect from October 01, 2021 to the end of December 31, 2021.

ADD REGULATIONS ON ISSUING CARDS BY ELECTRONIC MEANS

The Circular No. 17/2021/TT-NHNN amending and supplementing a number of articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam on bank card operations is issued by the State Bank of Vietnam on November 16, 2021.

To be specific, card issuers must develop, issue and publicize the process and procedures for issuing cards of individuals by electronic means in accordance with the regulations, law regulations on anti-money laundering, law regulations on electronic transactions, relevant law regulations on ensuring safety, confidentiality of customer information and the operational safety of card issuers.

 

Also, card issuers shall have the right to decide on the methods, forms and technologies to identify and verify customers for card issuance by electronic means; take responsibility for the arising risks (if any).

Besides, card issuers shall base on the condition of the applied technology when identifying and verifying customers to asses risks and decide to apply the transaction limit to a customer who opens account by electronic means, but must ensure that total transaction limit (including cash withdrawal, transfer, payment) debit or prepaid card or credit card of a customer does not exceed 100 million Vietnam dong in one month.

This Circular takes effect from January 01, 2022.

Ü MEDICAL – HEALTH

RESTAURANTS MUST PUBLICIZE PHONE NUMBERS OF THE OFFICERS
IN CHARGE OF COVID-19 PREVENTION AND CONTROL

The Ministry of Health promulgates the Decision No. 5619/QD-BYT prescribing “Guidance on prevention, control and risk assessment of COVID-19 infection at shopping centers, supermarkets, markets and restaurants” on December 07, 2021.

Specifically, a service area’s management unit must assign and publicize the names and phone numbers of the officers in charge of COVID-19 prevention and control at the service area so that employees/workers, sellers and customers are aware of and are able to contact them when necessary; create a QR code or medical declaration form for pandemic control and provide masks and hand sanitizers at the entrance to the service area, etc.

 

For service areas with business, food and beverage services and business activities, the following contents must be satisfied: The food processing area must have a place to wash hands, have sufficient clean water and soap or hand sanitizers; ready-to-eat meals, delivered food must be packed in sealed, safe boxes/bags and preserved in accordance with regulations and instructions throughout the delivery process.

In addition, restaurants must disinfect surfaces of dining tables and chairs right after turn of guests. Positions with frequent contact such as doorknobs, stair handrails, elevator control panels, elevator cabins, shopping carts, etc. must be disinfected at least 04 times/day.

This Decision takes effect from the date of signing.

Ü SECURITIES

FROM 2022, THE PRICE OF FIRST-TIME LISTING REGISTRATION SERVICE FOR STOCKS
SHALL BE 10 MILLION DONG

On November 17, 2021, the Ministry of Finance promulgates the Circular No. 101/2021/TT-BTC on prescribing prices of services in the field of securities applicable to the Stock Exchanges and the Vietnam Securities Depository and Clearing Corporation.

According to this Circular, the price of first-time listing registration service for stocks, enterprise bonds, investment fund certificates, debt instruments prescribed in the Law on Public Debt Management is 10 million dong. The price of first-time listing registration service for covered warrants is 5 million dong; etc.

In case a member of a Stock Exchange has its transactions suspended or terminated or its online connection suspended by the Stock Exchange for a period lasting into the following year but its status of member is not canceled, it must pay for the use of services of member management, management

 

of members trading in derivatives, periodic connection maintenance and use of terminal devices for the following year. In case a member of a Stock Exchange has its transactions suspended or terminated or its online connection suspended by the Stock Exchange for the cancellation of its status of member in the same year, it must not pay for the use of the above services.

Additionally, prices of services in the field of securities shall be collected in Vietnam dong. For Government bonds in foreign currency, the service prices shall be calculated based on regulations on conversion from foreign currency into Vietnam dong according to the average of central rates published by the State Bank of Vietnam in the month with the services related to Government bonds in foreign currency.

The Circular takes effect on January 01, 2022.

Ü CULTURE – SPORT – TOURISM

AMEND REGULATIONS ON REFUND OF DEPOSITS
AFTER REVOCATION OF TRAVEL SERVICE BUSINESS LICENSES

The Circular No. 13/2021/TT-BVHTTDL amending and supplementing a number of articles of the Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017 of the Minister of Culture, Sports and Tourism on detailing a number of articles of the Law on Tourism is issued by the Ministry of Culture, Sports and Tourism on November 30, 2021.

Accordingly, after 30 days from the date of publishing the decision on revocation of the travel service business license on the portal of the licensing agency and the website for management of travel service enterprises, in case there is no complaint or denunciation about the enterprise’s obligations toward tourists or tourist service-providing establishments, the licensing agency shall send a written request to the bank so that the enterprise may withdraw its deposit. According to

 

the Circular No. 06/2017/TT-BVHTTDL, such duration is 60 days.

Besides, within 05 working days from the date of receiving the inspection or examination conclusion, the licensing agency shall issue a decision to revoke the travel service business license. This decision shall be sent to the enterprise, the inspection or examination agency, the state agency in charge of immigration, the tax agency and the provincial-level business registration agency of the locality where the enterprise is headquartered, and published on the portal of the licensing agency and website for management of travel service enterprises.

This Circular takes effect on the signing date.

Ü POLICY

HANOI: PANDEMIC PREVENTION AND CONTROL MEASURES
UNDER THE “FOUR-ON-THE-SPOT” MOTTO

Hanoi People's Committee promulgates the Official Dispatch No. 4358/UBND-KGVX on implementing COVID-19 pandemic prevention and control measures under the “four-on-the-spot” motto on December 05, 2021.

Specifically, to quickly deploy mobile health stations to receive, quarantine, manage, monitor and treat people infected with COVID-19 at home and at establishments receiving infected persons of districts and towns. To review and continue to effectively implement at-home quarantine for F1 cases according to the City’s guidance and the Official Dispatch No. 5599/BYT-MT dated July 14, 2021.

Also, establish “support teams monitoring people infected with COVID-19 at home” to support mobile health stations to

 

perform the tasks such as: receive the information from people infected with COVID-19 at home, take samples for testing, guide measures to carry out at-home quarantine, etc. They are volunteer forces of women, Youth Union, students, teachers, etc. who are aged under 50 and have received full doses of COVID-19 vaccines.

Health centers of districts and towns shall be responsible for training and guiding “support teams monitoring people infected with COVID-19 at home” to monitor the health of people infected with COVID-19 at home. The Department of Health shall assign hospitals in the locality to provide professional guidance for mobile health stations.

 

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