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Report on latest legal documents week7/ 2020

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Report on the latest legal documents of Vietnam at the week 7. 2020 from CFO Vietnam Club

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Report on latest legal documents week7/ 2020

  1. 1. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn REPORT ON LATEST LEGAL DOCUMENTS Week 07/2020 No. Type of document No. of document Issued Dates Contents CONCETTI’S Summary THE GOVERNMENT 1 Decree 17/2020/NĐ- CP 05/02/2020 on amending and supplementing a number of articles of decrees related to business and investment conditions in the field of state management of the Ministry of Industry and Trade . This Decree takes effect from March 22, 2020. Provisions on manufacturing, assembling, importing of automobiles and provision of automobile warranty and maintenance services and liquor business in this Decree take effect from the signing date. 2 Statement 48/TTr-CP 07/02/2020 on the project of Law amending and supplementing a number of articles of the 2012 Law on Handling of Administrative Violations. 3 Decree 19/2020/NĐ- CP 12/02/2020 on the examination and handling of discipline in the enforcement of the law on handling of administrative violations. This Decree takes effect from March 31, 2020. The provisions of Articles 22, 23, 24, 25, 26, 27, 28 and 29 take effect from July 1, 2020.
  2. 2. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 4 Resolution 11/NQ-CP 14/02/2020 on the regular meeting of Government in January 2020. THE CENTRAL PROPAGANDA DEPARTMENT 1 Guidance 116/HD- BTGTW 13/01/2020 on the implementation of Resolution No. 52-NQ/TW dated 27/09/2019 on a number of guidelines and policies to actively participate in the Fourth Industrial Revolution. THE PRIME MINISTER 1 Official Letter 115/TTg-V.I 20/01/2020 on handling of complaints and denunciations of citizens and organizations to the Government and the Prime Minister. 2 Official Telegram 224/CĐ-TTg 12/02/2020 on removing difficulties for import and export activities and transportation of goods across the border. 3 Official Letter 228/TTg-PL 13/02/2020 on promulgating documents detailing the implementation of laws and ordinances. THE GOVERNMENT OFFICE 1 Notification 46/TB-VPCP 12/02/2020 on the conclusions of Deputy Prime Minister Truong Hoa Binh at a meeting with the Central Citizen reception office in Hanoi. 2 Notification 52/TB-VPCP 14/02/2020 on the conclusions of the Prime Minister Nguyen Xuan Phuc on the impact of acute respiratory infections caused by Corona virus, updating growth scenarios and solutions to direct and manage the implementation of objectives and tasks of socio- economic development in 2020.
  3. 3. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn THE MINISTRY OF PLANING AND INVESTMENT 1 Official Letter 579/ BKHĐT- QLĐT 30/01/2020 on strengthening bidding and promoting the application of online bidding. 2 Statement 720/TTr- BKHĐT 07/02/2020 on the revision and explanation of opinions on the draft Decree detailing the implementation of a number of articles of the Law on Public Investment. 3 Report 809/BC- BKHĐT 12/02/2020 on assessing the impact of nCoV for Vietnam's socio-economic development. THE MINISTRY OF FINANCE 1 Circular 92/2019/TT- BTC 31/12/2019 on amending and supplementing a number of articles of Circular No. 72/2014/TT- BTC dated 30/05/2014 on the VAT refund for goods of foreigners, overseas Vietnamese’s goods brought with when exit. This Circular takes effect from July 1, 2020. 2 Official Letter 1117/BTC- TCHQ 06/02/2020 on the exemption from import duties for goods imported for air transport operations according to international treaties. THE MINISTRY OF CONSTRUCTION 1 Official Letter 335/BXD- HĐXD 03/02/2020 on determining legal papers on land for grant of construction permits.
  4. 4. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 2 Official Letter 402/BXD- VLXD 07/02/2020 on strengthening the state management of minerals to be used as construction materials. 3 Official Letter 418/BXD- QLN 07/02/2020 on strengthening prevention of the disease caused by nCoV in condominiums. THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS 1 Circular 01/2020/TT- BLĐTBXH 10/02/2020 guiding the implementation of a number of articles of Decree No. 61/2015/ND-CP dated 09/07/2015 providing the support policies on job creation and the National Employment Fund and Decree No. 74/2019/ND-CP dated 23/09/2019 amending and supplementing a number of articles of Decree No. 61/2015/ND-CP. This Circular takes effect from March 26, 2020 and replaces the following circulars: Circular No. 45/2015/TT-LĐTBXH dated 11/11/2015; Circular No. 24/2014/TT- BLĐTBXH dated 21/08/2017. THE MINISTRY OF TRANSPORTS 1 Decision 120/QĐ- BGTVT 05/02/2020 promulgating the Action Program for the implementation of Resolution No. 119/NQ- CP dated 31/12/2019 on emergency measures for enhancement of state management regarding prevention and combat against origin fraud and illegal goods transport. This Decision takes effect from the signing date. THE MINISTRY OF EDUCATION AND TRAINING 1 Circular 27/2019/TT- BGDĐT 30/12/2019 specifies the main content of diplomas and diplomas supplement of higher education.
  5. 5. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn This Circular takes effect from March 1, 2020 and replaces the circulars: Circular No. 19/2011/TT-BGDĐT dated 24/05/2011; Circular No. 23/2009/TT-BGDĐT dated 12/08/2009 and Circular No. 24/2009/TT-BGDĐT dated 12/08/2009. 2 Official Letter 335/ BGDĐT- GDTrH 07/02/2020 on the preparation of conditions for students return to school after the leave of absence to prevent nCoV. 3 Official Letter 431/ BGDĐT- GDTC 14/02/2020 on extending the leave of absence of student due to the Covid-19 disease. THE GENERAL DEPARTMENT OF CUSTOMS 1 Official Letter 527/TCHQ- TXNK 21/01/2020 on export duty for surplus materials, supplies, scraps and waste products. 2 Official Letter 575/TCHQ- GSQL 31/01/2020 on problems on box 7 on the C/O forms. 3 Official Letter 657/TCHQ- GSQL 04/02/2020 on the export of medical masks. THE MINISTRY OF HEALTH 1 Circular 03/2020/TT- BYT 22/01/2020 amending and supplementing a number of articles of Circular No. 11/2018/TT-BYT dated 04/05/2018 on the quality of drugs and drug materials. This Circular takes effect from March 16, 2020.
  6. 6. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 2 Official Letter 505/BYT-BH 06/02/2020 on payment of medical examination and treatment expenses related to diseases caused by nCoV. 3 Decision 343/QĐ-BYT 07/02/2020 promulgating "Provisional guidance for supervision, prevention and control of acute respiratory infections caused by new strains of Corona virus (nCoV)". This Decision takes effect from the signing date and replaces Decision No. 181/QD- BYT dated 21/01/2020. 4 Decision 345/QĐ-BYT 07/02/2020 issuing the "Guidance on medical isolation at home, places of residence for prevention and control of acute respiratory infections caused by Corona virus (nCoV)" . This Decision takes effect from the signing date. 5 Official Letter 566/BYT-DP 08/02/2020 on strengthening prevention and control of acute respiratory infections caused by nCoV at educational institutions and schools. THE PEOPLE’S COMMITTEE OF HA NOI CITY 1 Plan 26/KH-UBND 07/02/2020 on ensuring food safety in agriculture in 2020. 2 Official Letter 396/SGDĐT- CTTT 07/02/2020 (Department of Education and Training) on continuing the leave of absence for students to ensure prevention and control of acute respiratory infections caused by new strains of nCoV. 3 Official Letter 414/UBND- KGVX 07/02/2020 on strengthening prevention and control of diseases caused by nCoV.
  7. 7. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 4 Directive 03/CT-UBND 10/02/2020 on the main tasks of the 2019-2020 school year of Department of Education and Training of Hanoi. THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY 1 Official Letter 847/SKHĐT- ĐKKD 12/02/2020 (Department of Planning and Investment) on granting of business registration certificates for supplying and managing overseas labors. (Enclosed with the question). THE GENERAL DEPARTMENT OF TAXATION 1 Official Letter 574/CT-TTHT 07/01/2020 (Hanoi Tax Department) on refunding input VAT for software export activities. 2 Official Letter 1000/CT- TTHT 09/01/2020 (Hanoi Tax Department) on determining PIT for dead employees. 3 Official Letter 1254/CT- TTHT 10/01/2020 (Hanoi Tax Department) on the time of determining taxable turnover in case of transferring goods for dependent accounting branches. 4 Official Letter 158/CT-TTHT 10/01/2020 (Bac Giang Tax Department) on the calculation of CIT in case enterprises make payment by clearing method. (Enclosed with the question). 5 Official Letter 1396/CT- TTHT 13/01/2020 (Hanoi Tax Department) on making invoices and declaring VAT and CIT for income from service provision. 6 Official Letter 1961/CT- TTHT 15/01/2020 (Hanoi Tax Department) on VAT rates for services provided to overseas organizations and individuals.
  8. 8. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 7 Official Letter 2113/CT- TTHT 15/01/2020 (Hanoi Tax Department) on PIT finalization for foreign individuals. 8 Official Letter 208/TCT-CS 16/01/2020 on additional declaration of tax dossiers. 9 Official Letter 211/TCT-KK 17/01/2020 on deducting and refunding input VAT for exported goods or services or export consignment. 10 Official Letter 380/TCT- TTHT 03/02/2020 on the implementation of measures to prevention and control of acute respiratory infections caused by new strains of nCoV when meeting taxpayers. 11 Official Letter 387/TCT-CS 03/02/2020 on granting stamps of tobacco products for consumption in Vietnam. 12 Official Letter 2313/CT- TTHT 07/02/2020 (Binh Duong Tax Department) on VAT rates for services provided to enterprises in export processing zones. 13 Official Letter 439/TCT-CS 07/02/2020 on the calculation of CIT for foreign shipping companies and handling of tax, late payment interest and fines. 14 Official Letter 473/TCT-CS 10/02/2020 on the declaration and payment of CIT for non-business units and organizations other than enterprises established and operating in accordance with Vietnamese law which are engaged in goods trading or service provision. 15 Official Letter 475/TCT-CS 10/02/2020 on determination of income subject to CIT for interests on loans contributed to the charter capital or interests on loans paid corresponding to the insufficient charter capital.
  9. 9. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 16 Official Letter 2865/CT- TTHT 11/02/2020 (Binh Duong Tax Department) on VAT for production activities for export and VAT for the right to export and import of export processing enterprises. 17 Official Letter 2898/CT- TTHT 12/02/2020 (Binh Duong Tax Department) on the declaration and payment of VAT and CIT for real estate transfer activities in provinces other than where enterprises are headquartered. 18 Official Letter 543/CT- TTKT2 12/02/2020 (Bac Giang Tax Department) on VAT and CIT in the case of selling loan collatered. 19 Official Letter 442/CT-TTHT 13/02/2020 (Nam Dinh Tax Department) on quarterly VAT declaration. THE MINISTRY OF NATURAL RESOURCES AND ENVIROMENT 1 Official Letter 703/ BTNMT- TCQLĐĐ 14/02/2020 on the regime of land use and the certification of ownership of non-residential construction works. THE MINISTRY OF INDUSTRY AND TRADE 1 Circular 02/2020/TT- BCT 22/01/2020 on principles of regulation of import tariff quotas for salt and poultry eggs in 2020. This Circular takes effect from February 29, 2020 to December 31, 2020. 2 Decision 329/QĐ-BCT 22/01/2020 on the principles and order of making additional adjustments to the master plan of power projects. This Decision takes effect from the signing date.
  10. 10. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 3 Official Letter 156/ TCQLTT- CNV 01/02/2020 (Market Surveillance Department) on the implementation of prevention and control of acute respiratory infections caused by Corona virus. 4 Official Letter 136/XNK-NS 13/02/2020 Department of Import and Export) on coordinating the implementation of directing opinions of Prime Minister at the Official Letter No. 224/CD-TTg dated 12/02/2020 on removing difficulties for import and export activities and transportation of goods across the border. 5 Official Letter 944/BCT- TTTN 14/02/2020 on management of petrol and oil trading. DRAFT 1 Decree Draft 2 Decree prescribes the organization and clinical pharmacy activities of medical examination and treatment facilities. (Draft December 23, 2019). (Enclosed with the statement). (Deadline for comment: March 2, 2020; Tel: 024.38464413). 2 Circular Draft Circular promulgating the lists of drugs subject to bidding, centralized bidding and price negotiation. (Draft dated January 9, 2020). (Deadline for comment: March 20, 2020; Tel: 024.38464413). 3 Decree Draft 2 Decree detailing procedures for judgment execution for commercial legal persons and the transfer of the judgment execution obligations in case commercial legal person are reorganized. (Enclosed with the statement). 4 Decree Draft Decree prescribing the management of early childhood education instituations and general education instituations. (Deadline for comment: April 7, 2020; Email for comment: vugdtrh@moet.gov.vn; Tel: 0912943405).
  11. 11. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn 5 Outline of Law Draft Outline of Law on legal assistance on civil matters. (Draft sent to the Ministry of Justice for appraisal). 6 National Standard Draft National Standard "Tourism Services - Industrial Tourism - Service provision". (Enclosed with the document). (Deadline for comment: March 24, 2020;; Email for comment: Thanhhai96c@gmail.com; Tel: 0983.717.606). 7 Decree Draft Decree on incentive mechanisms and policies for the National Innovation Center. (Draft dated 06/02/2020). (Enclosed with the documents). (Draft sent to the Ministry of Justice for appraisal). 8 Circular Draft Circular amending and supplementing a number of articles of Circular No. 10/2019/TT-BNNPTNT dated 20/09/2019 promulgating the list of pesticides permitted for use and banned from use in Vietnam. (Deadline for comment: April 3, 2020; Email for comment: qlt.bvtv@mard.gov.vn) 9 Circular Draft 1 Circular guiding the suspension from exit and suspension for entry. 10 Law Draft 2 Law on residence. (Enclosed with the statement). 11 Law Draft 4 Law on International Agreements. (Enclosed with the documents). (Email for comments: treaty.mofavn@gmail.com). (Draft sent to the Ministry of Justice for appraisal). 12 Circular Draft Circular amending and supplementing a number of articles of Circular No. 45/2017/TT-BTC prescribing the property auction service charge bracket under the Law on Property Auction. (Deadline for comment: February 23, 2020; Email for comment: daothiphuong@mof.gov.vn or hoangthienlong@mof.gov.vn; Tel: 04. 22202828).
  12. 12. CONCETTI Information and Enterprise Consulting Centre – CONCETTI company * Head office: 20th Floor, HCMCC Tower, 249A Thuy Khue, Tay Ho, Ha Noi * Tel: 0243.934.1651 * Email: bttconcetti@concetti.vn * Website: law.concetti.vn (For details, please directly contact us at: Email: bttconcetti@concetti.vn or telephone number: 0243.934.1651) 13 Circular Draft 2 Circular prescribing the content of training programs for vehicle operators and providing safety skills instructions to participants in water-based leisure and entertainment activities. (Deadline for comment: March 15, 2020). 14 Circular Draft Circular amending and supplementing a number of articles of Circular No. 291/2016/TT-BTC prescribing the rates and collection, remittance, management and use of charges for evaluation of post operation conditions. (Deadline for comment: March 3, 2020).

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