Legal Document Updates in English (51/2014)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

70/2014/QH13

Law No. 70/2014/QH13 dated November 26, 2014 of the National Assembly amending a number of articles of the Law on Special Excise Duty

 

Increase special excise tax by 5% for alcohol and beer from 2016

Page 2

2

173/2014/TT-BTC

Circular No. 173/2014/TT-BTC dated November 14, 2014 of the Ministry of Finance amending the preferential import tax rates imposed on articles in preferential import tariff issued with Circular No. 164/2013/TT-BTC to implement WTO Commitments in 2015

 

Decrease some import taxes for some motor cars commodities from 2015

Page 2

3

151/2014/TT-BTC

Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance guiding the implementation of the Government’s Decree No. 91/2014/ND-CP of October 1, 2014, amending and supplementing a number of articles of decrees on taxes

 

Land use right transfers before July 01, 1994 are excluded from personal income tax

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

4

37/2014/TT-BCT

Circular No. 37/2014/TT-BCT dated October 24, 2014 of the Ministry of Industry and Trade on suspension of temporary import for re-export of log and sawn timber from natural forests of Laos and Cambodia

 

From December 8, suspend the temporary import for re-export of log, sawn timber from Laos and Cambodia

Page 3

EDUCATION – TRAINING

 

EDUCATION - TRAINING

5

99/2014/ND-CP

Decree No. 99/2014/ND-CP dated October 25, 2014 of the Government on investment to develop science and technology potential of, and encouragement of science and technology activities in, higher education institutions

 

Bonus 30 times the common basic salary level for article published in an international scientific journal

Page 3

AGRICULTURE – FOREST

 

AGRICULTURE - FOREST

6

116/2014/ND-CP

Decree No. 116/2014/ND-CP dated December 04, 2014 of the Government detailing a number of articles of the Law on Plant Protection and Quarantine

 

The pest announcement decision shall be notified within 24 hours

Page 3

 

SUMMARY:

 

Ü TAX – FEE – CHARGE


INCREASE SPECIAL EXCISE TAX BY 5% FOR ALCOHOL AND
BEER FROM 2016
 

On November 26, 2014, the 13th National Assembly on November 26, 2014 during the 8th session pass the Law No. 70/2014/QH13 on  amending a number of articles of the Law on Special Excise Duty and deciding to increase special excise tax by 5% for some goods and commodities from January 01, 2016.

In particular, the rate of special exercise tax for the cigarettes, cigars, and other products derived from tobacco plants shall increase from 65% to 70% from January 01, 2016 until the end of December 31, 2018 and 75% from January 01, 2019. For Alcohol with ABV <>o, the rate of special exercise tax is 30% from January 01, 2016 until the end of December 31, 2017 and 35% from January 01, 2018. For alcohol with ABV ≥ 20o, the rate of special exercise tax is also increased by 5% to 55% from January

 

01, 2016 until the end of December 31, 2016, to 60% from January 01, 2017 until the end of December 31, 2017 and 65% from January 01, 2018. Similarly, the rate of special exercise tax for casino, non-table games formally increase to 35% from January 01, 2016, increased by 5% compared with previous regulations.

For remain commodities, the rate of special exercise tax stay the same compared with previous regulations with 30% for passenger cars having 10 – 15 seats; 15% for passenger cars having 16 – 23 seats and 15% for cars used for both passenger and cargo transport and 20% for motorcycles, motor tricycles of a cylinder capacity exceeding 125 cm3.

This Law takes effect on January 01, 2016.


DECREASE SOME IMPORT TAXES FOR SOME MOTOR CARS COMMODITIES
FROM 2015
 

In accordance with the Circular No. 173/2014/TT-BTC dated November 14, 2014 of the Ministry of Finance amending the preferential import tax rates imposed on articles in preferential import tariff issued with Circular No. 164/2013/TT-BTC to implement WTO Commitments in 2015 from January 01, 2015, the import tax rate for motor cars and motor vehicles shall be decreased by from 3% - 7% compared with previous regulations.

Within that, the tax rate for Motor-homes is decreased from 67% to 64%; Motor cars (including station wagons, SUVs and sports cars, but not including vans), Completely Knocked Down; the tax rate for four-wheel drive actively decreased by 4% from 59% to 55%; g.v.w. not exceeding 5

 

tons including moped, cycles fitted with an auxiliary motor, with or without side-cars; side-cars, with reciprocating internal combustion piston engine of a cylinder capacity exceeding 800 cc, the import tax rate shall be in turn 56% and 40%, decreased by 3% - 7% compared with current regulations.

For fish, frozen, excluding fish fillets and other fish meat of heading 03.04 with the code 0303.19.00, the import tax rate is decreased from 19% to 18% from January 01, 2015. Besides, the tax rates for other commodities are the same with current regulations.

This Circular takes effect on January 01, 2015.


LAND USE RIGHT TRANSFERS BEFORE JULY 01, 1994 ARE EXCLUDED
FROM PERSONAL INCOME TAX
 

This is the important contents prescribed at the Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance Guiding the implementation of the Government’s Decree No. 91/2014/ND-CP of October 1, 2014, amending and supplementing a number of articles of decrees on taxes.

Beside supplementing the regulations on persons who were transferred real estates from July 1, 1994, to before January 1, 2009, and submit valid dossiers of application for land use right or house and other land-attached asset ownership certificates on January 1, 2009, or after and obtain approval of a competent state agency, shall pay personal income tax only once. Persons who were transferred real estates before July 1, 1994, are not required to pay personal income tax.

For goods or services valued at VND 20 million or higher purchased on deferred or installment payment, business establishments shall declare and credit input VAT based on

 

goods or service purchase contracts, value-added invoices and via-bank payment documents of these goods or services. If via-bank payment documents are not available yet as the payment under contracts is not yet due, business establishments may still declare and credit input VAT. Upon payment, if via-bank payment documents are unavailable, business establishments shall declare and reduce input VAT amounts already credited for the value of goods or services without via-bank payment documents in the tax period in which cash payments arise.

If a taxpayer suspends business and incurs no tax, he/she is not required to submit a tax declaration dossier for the business suspension period. If a taxpayer suspends business for less than the whole calendar year or fiscal year, he/she shall still submit an annual tax finalization dossier.

This Circular takes effect on November 15, 2014.

Ü EXPORT - IMPORT


FROM DECEMBER 8, SUSPEND THE TEMPORARY IMPORT FOR RE-EXPORT OF LOG,
SAWN TIMBER FROM LAOS AND CAMBODIA
 

On October 24, 2014, the Ministry of Industry and Trade issued the Circular No. 37/2014/TT-BCT on suspension of temporary import for re-export of log and sawn timber from natural forests of Laos and Cambodia.

At the same time, to suspend the temporary import of log and sawn timber from natural forests under HS headings

 

44.03 and 44.07 in Vietnam’s List of Imports and Exports from Laos and Cambodia for re-export to a third country. For contracts signed before the effective date of this Circular, trader may continue to carry out temporary import procedures until the end of December 31, 2014.

This Decree takes effect on December 08, 2014.

Ü EDUCATION - TRAINING


BONUS 30 TIMES THE COMMON BASIC SALARY LEVEL FOR ARTICLE PUBLISHED
IN AN INTERNATIONAL SCIENTIFIC JOURNAL
 

On October 25, 2014, the Government issued the Decree No. 99/2014/ND-CP on investment to develop science and technology potential of, and encouragement of science and technology activities in, higher education institutions, and decide to have monetary bonus 30 times the common basic salary level for article published in an international scientific journal on the ISI (Institute of Science Index), SCI (Science Citation Index) or SCIE (Science Citation Index Expanded). These bonuses shall be awarded from funds for non-business science and technology activities allocated to higher education institutions.

Besides, lecturers in higher education institutions are entitled to the incentives and support that personal income tax incentives for incomes from contracts on scientific research and technological development in prioritized and key fields and contracts performed in mountainous, deep-lying or exceptionally difficult areas as prescribed by law; funding of 50% of the copyright registration fee, which shall be taken from funds for non-business science and technology activities allocated to higher education institutions and being regarded as having twenty hours of theoretical lecturing, if having an article published in a level-1 scientific journal on the list of the State Council for Professor Title.

 

Lecturers who are talented young scientists in higher education institutions are entitled to the incentive and support policies to be prioritized for study at home and abroad to raise their professional qualifications; to be given conditions to participate in scientific research for promotion, development and orientation of their research expertise. To be prioritized to perform potential science and technology tasks with end product-based package funds; to receive funding support for participation in domestic and international science conferences and seminars in their professional fields…

Besides, the State shall recognize and protect asset ownership rights, investment capital, incomes and other lawful rights and interests of enterprises, organizations and individuals that invest in developing science and technology potential and encouraging science and technology activities in higher education institutions; at the same time, enterprises, organizations and individuals are entitled to exemption from or reduction of enterprise income tax, personal income tax and import duty in accordance with the tax laws when investing pre-tax or post-tax profits to develop science and technology potential of higher education institutions..

This Decree takes effect on December 15, 2014.

 

Ü AGRICULTURE - FOREST


THE PEST ANNOUNCEMENT DECISION SHALL BE NOTIFIED WITHIN 24 HOURS
 

On December 04, 2014, the Government issued the Decree No. 116/2014/ND-CP detailing a number of articles of the Law on Plant Protection and Quarantine, prescribing that within 24 hours after pest announcement, the pest announcement decision shall be notified in the central and local mass media; administrations of localities where a pest announcement is made shall notify it to plant owners and related organizations and persons for compliance.

Similarly, within 24 hours after a competent person signs a decision announcing the end of pests, this decision shall be notified in the central and local mass media. Suspension from export and import of articles subject to plant quarantine that export of articles shall be suspended when articles are identified as at high risk of carrying plant quarantine objects of importing countries without thorough

 

treatment measures; and articles having violated regulations of importing countries without thorough treatment measures to find out causes of their violation and likely causing loss of export markets. Import of articles shall be suspended when articles imported from a country or territory which are at high risk of carrying plant quarantine objects of Vietnam without thorough treatment measures; articles imported from a country or territory detected to have plant quarantine objects or exotic harmful organisms which fail to comply with Vietnam’s plant quarantine regulations as notified by the central specialized plant protection and quarantine agency and articles from a country or territory which officially notifies an outbreak of plant quarantine objects of Vietnam. 

This Decree takes effect on January 18, 2015.

 

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