Consult Enterprise, Frequently Questions, Legislation, News & Event
Legal update
From 01/01/2016, the tariff will typically by 150% tariff of each respective items, instead of 70% as before is notable content in export Taxes, import tax of 107/2016/QH13.
Many of the new policy is in effect from May 9, 2016
(LuatVietnam) A series of new policies in the socio-economic fields such as: conventional 150% tax tariff of each respective items; 8% increase in pensions for retired public servants, officers, professional construction activity has a time limit of 5 years; Medical chemical ad no penalty certificate to 20 million; Bidding activity supervisors must have 3 years of experience; Support for vocational training for staff of attorneys legal aid center poor … will officially take effect from May 9, 2016.
From 1/9, regular tax rates by 150% tariff of each respective items
From 01/01/2016, the tariff will typically by 150% tariff of each respective items, instead of 70% as before is notable content in export Taxes, import tax of 107/2016/QH13.
Besides, the law also complement many cases are tax free export and import; including: plant varieties; livestock breeds; fertilizers, plant protection drugs in water have not yet produced the necessary imports; Machinery, equipment, raw materials, materials, components, parts, import parts serving the print operation, the Mint … in particular, will tax free imports of raw materials, materials in the country have not produced within 5 years of enterprise technology.
One other notable content is regulated to adjust tax deadlines. Accordingly, from September 1, 2016, will not determine the tax deadlines for import-export goods as before (30 days from the date of registration with the customs declaration of export goods; before shipping or 275 days for imported goods); Instead, the time limit for export, import tax is before customs or free merchandise.
Up 8% of the pension, the monthly subsidies for officials and public servants
Circular 23/2016/TT-BLDTBXH of Ministry of labor, invalids and Social Affairs, with effect from January 1, 2016, the level of pensions, monthly allowances for officers, servants, employees and officer, Ward, the town began to enjoy a pension, a monthly allowance during the period from 01/01/2015 arrive before 01/05/2016 was increased by 8%. As such, the level of pensions, the new monthly subsidies of this object will equal the level of pensions, subsidies presently enjoy with 1.08.
For the preschool teacher has time to work in the preschool institution before 1/1/1995, are entitled to a pension before 1/1/2016 or begin to enjoy pensions in the period from 01/01/2016-December 31, 2016, if the level of pensions after have been adjusted more 8% that still is lower than the 1.15 million shall be adjusted by 1.15 million/month , apply for the period from 01/01/2016-30/04/2016; is lower than 1.21 million shall be adjusted by 1.21 million/month, applies for the period from 01/05/2016 onwards.
Practice of construction activity has a time limit of 5 years
Individuals involved in building activity in areas such as: building survey; Planning design build; Construction design; Construction supervision; Construction inspection; Construction must have the certificate of practice construction activities. To be granted the certificate of practice construction activities, individuals must meet the condition of professional qualification, experience and time to undergo testing in the form of certification tests. In particular, the duration of practice corresponding to each sector building activity is 5 years; upon expiry, the individual need of building operations procedures to practice under the rules.
For the certificate of practice has been issued before January 1, 2016, be continue using until they expire; the case does not record the duration effect, continued to use until the end of the day June 30, 2018. Foreigners own construction activities in Vietnam under 6 months, used by professional bodies, foreign organizations, but must be legalized consular, translated into Vietnamese and be notarized, certified according to the rules.
The content on the construction of circular provisions of the 2016/17, TT-BXD, effective from July 1, 2016.
Many students with support in the countryside, especially hard
On 18/07/2016, the Government has issued Decree 116/2016/ND-CP stipulates much support policy for students and schools in communes and villages particularly hard.
Specifically, each student in communes and villages particularly hard will be support for food each month by 40% of base salary; the housing money each month equal to 10% of the salary base and 15 kg of rice per month; support time in each school year for each student for a maximum of 12 months.
For ethnic schools sell stay, the Government will support investment in facilities and equipment; additional shopping, fitness tools, repair, sports, musical instruments, televisions, a service of cultural activities, sports, fitness and other widgets for sale students stay with the support level 100,000/student/year stay for sale; set up a shared medicine cabinet for the stay, buy the drugs usually with enough drugs to meet the requirements and handle the sudden emergencies with 50,000 VND/support level students sell stay per year …
This Decree takes effect from July 1, 2016.
Card for consular staff abroad until 5 years
With effect from 01/01/2016, circular 04/2016/TT-BNG of regulated Foreign Ministry card granted to members of diplomatic missions, consular representative bodies, intergovernmental organizations and the wife, husband, children under the age of 18, who went along with the symbol NG3 , the maximum term is 10 years and is shorter than the duration of the passport for at least 30 days.
Also according to this circular, foreigners who have been granted the visa symbol NG1, NG2, NG4, after Vietnam’s entry if there is renewed demand staying then right through the body, the organization offers, guarantee foreigners in Vietnam to send notifications/proposal to renew the Consular Bureau to staying or Foreign Affairs Department of HO CHI MINH CITY. HCM. Staying period be extended and new visa time limit granted must be consistent with the purpose of entry, suggested by the Agency to invite organizations, guarantee and a maximum duration of 12 months, shorter than the duration of the alien’s passport at least 30 days.
The market management officials are not harassed, claiming money
According to the market management Ordinance No. 11/2016/UBTVQH13, market management officials are not taking advantage of the prerogatives, powers to harassment, demanding, receiving money, property of the infringer; tolerate, cover up, limiting the rights of administrative violations when sanctioning administrative violations or have attitudes, gestures, spokesman for not properly prescribed for individual organizations while on duty.
Also under this Ordinance, the market management officials were fostering professional service and not during the discipline will be given test card market; the card has a shelf life of 5 years from the date issued. The case of violation of law in public service activities that have yet to be decided; Chief, issued a decision contrary to law; are in time is temporarily suspended work to consider disciplined; being disciplined by reprimand or warning; prosecution, detention, detention …, public servants will be temporarily suspended use of the card to check the market.
This Ordinance is in effect from 01/09/20/16,
Bidding activity supervisors must have 3 years of experience
Individuals perform the monitoring, tracking the bidding activities must have a minimum of 3 years experience in direct activities in the field of bidding in institutions such as: management of tenders; The party invite bids; Experts in hosted; The Agency, the evaluation unit is one of the conditions for the tender activity monitoring defined in circular 10/2016/TT-BKHĐT of the Ministry of planning and investment, with effect from the date of 09/09/2016.
In addition, individuals perform the monitoring, tracking the bidding activities must have the certificate of training in procurement and foreign language level to meet the requirements for tenders held international tender, tenders in projects using official development assistance in capital and preferential loan of donors.
Likewise for the group members to examine the bidding activity, must have the certificate of training in procurement, have at least 3 years experience … Private group leader must have a minimum of 5 years experience in direct activities in the area of procurement. Special cases require of specialized professionals, the head of the delegation test report the head of the Agency additional inspection experts to join the inspection group; These experts are not required to have a certificate of training about bidding.
Time limits complaints is 30 days
On 28/07/2016, State auditors have a decision 03/2016/QD-KTNN regulation complaint resolution of the unit audited.
Accordingly, time limits complaints is 30 days from the date of the audit report; the case of the unit audited not achieved the right to complain under the right time because of objective reasons, the time has objective reasons which are not calculated in the time of the complaint. The time limit for complaint resolution not too on 65 for the first, from the date of acceptance. For complex case resolution time limit may be extended but not more than 90 days from the date of acceptance.
Besides, the decision also allows the unit to be audited has the right to withdraw a complaint at any time during the complaint process and resolve complaints; the withdrawal of the complaint must be made in single form signed by the legal representative of the audited units of the complaint; application to withdraw a complaint must be sent to the State Auditor.
This decision has effect from the date of September 11, 2016.
Medical chemical ad no penalty certificate to 20 million
From June 15, 2016, advertising products, chemical insecticides have no certificate issued by Ministry of health advertising will be fined from 10-20 million; the case of the ad is not true according to the advertising certificate, a fine of from 5 to 10 million.
This is the featured content in the Decree 115/2016/ND-CP, in effect from 15/12/2016.
A notable new content is regulated on the level of fines for violations of regulations on the production, processing and sales of fertilizers. Specifically, the fines from 1-3 million is applied with fertilizer and folding behavior with other goods or not showing up that shelf fertilizer to direct contact with the floor, the ground in the place of business. In particular, the production, processing, fertilizer business exceeded the prescribed limit factors for organic fertilizers, organic and mineral fertilizers, organic mineral fertilizers, organic fertilizers microbiological, biological organic fertilizer, biological fertilizer … will be fined from 60-70 million.
Senior faculty salaries rank was appointed Professor
The Decree 118/2016/ND-CP of the Government was issued on 21/07/2016; in it, notably the additional provisions lined up for senior faculty salary was appointed Professor.
In particular, if not yet the final rankings of the senior lecturer, the title then the trainers that are lined up on adjacent ranks 1st, from the day was appointed to the professorship, the review time lifting the next revision on hold since the old revision. The case was the final rankings of the senior lecturer, the title was added, in order to calculate seniority allowance beyond the frame since appointed Professor.
Also under this Decree, the Vietnam people’s army officers and officers of public security of the people held the rank of Lieutenant, the rank of the highest functions of the position we took charge, complete missions, political standard, moral qualities, expertise, professional, health, is considering raising wages. The time limit for considering raising the salaries of the rank of Lieutenant, the rank function for the General, and Lieutenant-Colonel level is 10 years; for Lieutenant is 3 years.
This Decree takes effect from May 15, 2016.
The conditions for licensing of tissue banking activities
With effect from June 15, 2016, the Decree 118/2016/ND-CP of tissue banking regulations only acted after the tissue bank operation license by the Ministry of health.
To be granted a license to operate, the tissue bank must have the technical Chambers have 12m2 minimum area for reception, processing, storage and supply of tissues; There are rooms with an area of minimum test 12m2; the area of General Administration, records management, consultants have minimum area is 12m2; tissue banks in the private medical facility, the tests can be used to test parts of the medical establishment.
About manpower professional, Manager of tissue bank are eligible under current rules; at the same time, there must be a doctor or Bachelor 1st test practice examination and treatment; There are 2 medical technicians or nurses graduated from intermediate upwards on the medical professions, have professional treatment and 12 administrative staff … Tissue banks have been licensed under Decree 56/2008/ND-CP to continue operations until the end of the day June 30, 2017; from 01/07/2017, must meet the conditions mentioned above.
Guide to payment of rent disparity in the public service
On 03/08/2016, the Ministry of Finance issued Circular No. 124/2016/TT-BTC, the emphasis when the rent in the trade to make public housing service that the rent at the rent higher than trade due to the tenant to pay the tenant must pay the rent by 10% maximum salaries being enjoyed at the time of the rental in the public service.
At the same time, the governing body of officers eligible for public housing rental service must have send text public housing administration service to determine the number of rent in the public service pay and specify the difference between the amount of rent in commercial buildings in the public service and the amount tenants pay , the amount of the State budget to pay for the difference in accordance to build and put into annual spending estimates of the unit. Part of this difference is paid monthly based on the estimation that are approved by the authority, in accordance with the State paying wages and made settlement along with the general settlement of the unit.
This circular effect from 19/12/2016.
Veterinary staff must have the township level or above
A series of regulations on standards for veterinary staff communes, wards and towns were the Ministry of agriculture and rural development regulation in circular 29/2016/TT-BNNPTNT, effective from July 19, 2016.
In particular, the veterinary staff should have the township level and above one of the specialization of animal health, husbandry, breeding, pathology of aquatic, aquaculture; in the case of geographical levels in mountain areas, border regions, Islands, remote areas, ethnic minority areas, the socio-economic conditions are particularly difficult, just have a primary level upwards in one of the disciplines mentioned above.
In addition, veterinary staff have to know Township and the observance of the provisions of the legislation on animal health; capture and assess the situation of animal husbandry development, aquaculture management areas; have the knowledge to recognize local animal disease management; capable staff, the Organization, the animal health; advocacy skills, their implementing rules and veterinary legislation; have a sense of responsibility, a spirit of learning to improve their professional expertise to complete the task.
GCN recovery investment registration in the form of public private partnership in 30 days from when the proposal
Circular 6/2016/TT-BKHĐT of the Ministry of planning and investment, with effect from October 20, 2016, the time limit for revoking registration certificates of investment in the form of public-private partnership is 30 days from the date of the proposed revocation of the certificate of the authorized State agencies.
The project operates under the investment certificate (at the same time as the business registration certificate) or the investment license, the registry of investment decision of terminating the validity of the content of investment in registered investment certificates (at the same time as the business registration certificate) or the investment license.
On the adjustment of the registered investment certificates, the circular stipulated, the investor must send notice of the content adjust to the certification body registration of investment material, relevant text if adjusted or modified project, additional project contract does not alter the content of the certificate of registration of the investment. Case change the project name, address, legal representative of the investor, the competent State bodies or other information relating to the investor, the investor must submit a written proposal to adjust investment registration certificate for the certification authority.
Support for vocational training for staff of attorneys legal aid center poor Township
Officials of the legal aid center of the State at the local poor poor Township, district, village, a particularly difficult eligible to join vocational training lawyers and are committed to working in the field of local legal assistance for at least 10 years since training on training support will be the legal profession is the content specified in the decision 32/2016/QĐ-TTg of the Prime Minister.
Also in this decision, the Prime Minister vowed to support strengthening the capacity for the implementation of legal aid in each of the legal help center with the support level at 80 million/class/Central/year; support hotline set up legal aid: 20 million/Center; the cost of the media organizations about legal aid at the base (the genus for rapporteurs, diem, administration and other costs under the rules) is 2 million poor, rural township, a particularly hard/01 times/year.
This decision takes effect from December 22, 2016.
In addition, there are regulations on the additional list of cultivars were manufactured, business in Vietnam; Standards, conditions of contest promoted occupations officer specialized in environment and resources; Law reports, law propagandist; Island resource records; The system state audit standards … will also take effect from May 9, 201
Should you have any questions and need specific legal advice, please do not hesitate to contact us:
INCO MINH ANH CO., LTD
Hotline: 0982674857
Email: [email protected]
Look forward to cooperate with you in future.
Leave a reply