On April 9, 2019, the Ministry of Finance issued Circular No. 20/2019/TT-BTC amending and supplementing a number of articles of Circular No. 301/2016/TT-BTC dated November 15, 2016 guiding about registration fees. This Circular takes effect from June 1, 2019.
Accordingly, Circular No. 20/2019/TT-BTC has made some outstanding changes in a number of subjects exempted from registration fees, specifically including the following subjects:
Firstly, the land is allocated or leased by the State in the form of one-off payment of rent for the entire lease term for the following purposes: Investment in infrastructure construction (regardless of whether the land is inside or outside industrial parks, export processing zones), investment in construction of houses for transfer, including cases where organizations and individuals receive transfer to continue investing in infrastructure construction or building houses for transfer. In these cases, if registering ownership, use rights for rent or self-use, registration fees must be paid.
Secondly, houses and land are compensated and resettled (including houses and land purchased with money to be compensated and supported) when the State recovers houses and land in accordance with law but organizations and individuals suffer from to recover houses and land which have paid registration fees (or are not required to pay registration fees or have to pay registration fees to be paid when calculating the compensation for land recovered according to the provisions of law). The exemption from registration fees stipulated in this clause shall apply to persons whose houses and land are recovered.
Thirdly, properties of organizations and individuals that have been granted ownership and use certificates when re-registering their ownership or use rights shall be exempt from registration fees in the following cases: being granted a certificate of ownership and use of the household by a person in the household (including co-owner of the property), when dividing such property according to the provisions of law for cities re-registered household members; Household members must be family members in accordance with the Marriage and Family Law and have permanent residence with the person named on the certificate of ownership or use.
Fourth, fire trucks, ambulances, X-ray vehicles, rescue vehicles (including rickshaws, vehicle trucks); garbage trucks, water sprayers, water trucks, water tankers, road sweepers, waste-sucking vehicles, dust-collecting vehicles; Special-use vehicles for war invalids, diseased soldiers and disabled people shall register ownership rights of war invalids, diseased soldiers and disabled people.
From here, it can be seen that the Circular No. 20/2019 / TT-BTC has brought some outstanding and fundamental changes compared to Circular No. 301/2016/TT-BTC dated November 15, 2016 on a number of issues Exemption of registration fee. This provision has contributed to overcome the shortcomings and shortcomings in the provisions of Article 5 on “Registration fee exemption in accordance with Article 9 of Decree No. 140/2016/ND-CP dated 10 October 2016 of the Government on registration fees ”, in order to contribute to solving problems of individuals and organizations being applied and developing a clear legal framework consistent with the current economic development. now on.
On April 19, 2019, the Prime Minister issued Decision No. 18/2019 / QD-TTg regulating the import of used machinery, equipment and technology lines. This decision takes effect from June 15, 2019.
In the content of the Decision, there are some notable things:
– Prohibit the import of used machinery, equipment and lines of poor quality, causing environmental pollution. Specifically, the machinery and equipment belong to the following cases:
+ Exported countries have announced their elimination due to backwardness, poor quality and environmental pollution;
+ Failure to meet the requirements for safety, energy saving and environmental protection in accordance with the law.
– Only import used machinery and equipment under 10 years old
Accordingly, used machinery and equipment are allowed to import when the age of equipment does not exceed 10 years. At the same time, it must be manufactured according to standards in accordance with the provisions of national standards (QCVN) on safety, energy saving and environmental protection. In the absence of QCVN related to imported machinery and equipment, imported machinery and equipment must be produced in accordance with the technical standards of the Vietnamese national standard (TCVN) or national standard. of one of the G7 and South Korea countries on environmental energy safety and conservation.
– Only import used technology lines when the product capacity reaches over 85%.
Accordingly, the capacity (in terms of the number of products produced by the technology line in a unit of time) or the remaining efficiency must be 85% or more of the design capacity or efficiency.
– Import license must be submitted when importing used machinery and equipment for more than 10 years.
The Prime Minister issued specific regulations on the import of used machinery, equipment and lines to further improve the old regulations stipulated by the Ministry of Science and Technology in the Circular. No. 23/2015/TT-BKHCN on November 13, 2015. Create a clear legal basis for the import of machinery and equipment into Vietnam.
On 10 May 2019, the Government issued Decree No. 39/2019/ND-CP on organization and operation of small and medium enterprise development funds. The Decree takes effect on July 1, 2019.
Accordingly, the Fund will lend small and medium enterprises directly when meeting the following 04 conditions:
– Meet the provisions of Article 4 of the Law on Support for Small and Medium Enterprises;
– Having feasible production and business projects and plans, exploiting all kinds of intellectual properties or new technologies or new business models according to specialized law provisions;
– Ensure equity capital to participate in projects, production and business plans at least 20% of the total investment capital to implement projects and production and business plans and ensure sufficient capital for realization. show;
– Meet the provisions on loan security in accordance with this Decree.
Enterprises can borrow for each production and business project or plan not exceeding 80% of the total investment capital of each project or plan.
The direct lending interest rate for enterprises is equal to 80% of the lowest rate of commercial lending rates.
It can be seen that the capital for business development is an important and difficult problem for many enterprises, especially for small and medium enterprises, so the promulgation of policies to support loans as above is a very positive policy for promoting economic development.
On 05/06/2019, the Government issued Decree No. 48/2019/ND-CP on the management of activities of underwater recreation facilities for entertainment and recreation 15/08/2019.
Accordingly, the decree stipulated specifically that players must wear life jackets during the playing time, take responsibility for their own health situation when participating in fun and entertainment activities under water as the main content issued in Decree 48/2019/ND-CP dated 05/06/2019.
In addition, water recreation facilities are ships, boats or other floating structures used for water recreation and entertainment with a capacity of no more than 5 people and operating in the operating area permitted by the agency authorized approval.
The Decree stipulates the conditions for operators of water recreation facilities to be at least 15 years old, have health, and be guided on safety skills when operating. For motor vehicle drivers, the total capacity of main engines over 05 horsepower must have a means of driving license as prescribed, must wear life jackets for the duration of participating in activities.
For organizations and individuals exploiting entertainment and entertainment activities, there must be enough buoys and life-saving devices for players. In particular, do not allow the driver of recreational vehicles and entertainment under the water to control the vehicle out of the prescribed operating area.
On 13/05/2019, the Government issued Decree No. 40/2019/ND-CP amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on effective environmental protection. force from 01/07/2019.
Accordingly, to guide more clearly the contents related to imported scrap Government issued Decree 40/2019/ND-CP amending the Decree guiding the Law on Environmental Protection on 13/5/2019, accordingly, this Decree provided for objects permitted to import scraps, specifically as follows:
Clause 28 Article 3, Decree 40/2019/ND-CP stipulates that “Organizations and individuals having production facilities using imported scrap meet the following requirements to be permitted to import scrap as raw materials export”:
a) Meeting the requirements and responsibilities for environmental protection stipulated in Clause 2 and Clause 3, Article 76 of the Law on Environmental Protection;
b) There is an environmental impact assessment report approved by the Ministry of Natural Resources and Environment, in which the contents of imported waste materials are used as production materials and granted a certificate of completion of environmental protection works. school or hazardous waste disposal license, including content using scrap as a production material for projects already in operation.
For newly constructed projects, they must meet the requirements prescribed in Article 16b and Article 17 of Decree No. 18/2015 / ND-CP.
c) Having a certificate of satisfaction of environmental protection conditions in importing discarded materials as production materials according to law provisions”.
The Decree No. 40/2019 has issued new and positive changes in environmental-related activities. In which new regulations on imported scrap are the most important content. This is a very important legal document, abolishing, amending, replacing and supplementing many contents of other Decrees on environmental protection in order to better manage environmental protection. Through the promulgation of legal documents to regulate this issue, the state has shown positive signs, contributing to minimizing environmental pollutants.
On 29/05/2019, the Ministry of Industry and Trade issued Decision No. 1480 / QD-BCT on the application of temporary anti-dumping for Aluminum products originating from the People’s Republic of China, Decision to have effective from 05/06/2019.
Accordingly, Decision No. 1480/QD-BCT on the application of temporary anti-dumping for aluminum products has been issued from the People’s Republic of China.
Specifically: Applying the temporary anti-dumping tax on some aluminum, alloy or non-alloy products, in bars, rods and shapes, which have been extruded, whether or not surface treated, have or No further processing for import into Vietnam Aluminum and aluminum products; alloy or non-alloy; bars, rods and shapes, extruded, whether or not surface treated, whether or not further worked. These products have a distinct form, have cubic network, can be designed in many different shapes and sections; can create many different colors on the surface; recyclable. Goods classified according to HS code 7604.10.10, 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90, originating from the People’s Republic of China,
Thus, this Decision No. 1480 / QD-BCT is issued to create a legal corridor to protect domestic enterprises and manufacturers and avoid major risks due to the volume of goods being sold. prices and imports into Vietnam increased rapidly. This regulation is issued in a timely manner, which will minimize losses that are hard to overcome for the domestic industry.
On February 27, 2019, the Hanoi City Tax Department issued Official Letter No. 7623/ CT-TTHT on the corporate income tax policy which set criteria for enterprises to determine deductible expenses.
Accordingly, Official Letter No. 7623/CT-TTHT provides guidelines for determining deductible expenses, after reporting to the General Department of Taxation, specifically:
Article 6, Circular No. 119/2016/TT-BTC, Amending and supplementing Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance guiding the implementation of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government stipulates and guides the implementation of the Law on Enterprise Income Tax as follows:
Enterprises can deduct all expenses if they meet the following conditions:
a) Actual expenses arising related to production and business activities of enterprises;
b) Expenses with sufficient legal invoices and vouchers as prescribed by law.
c) Expenses if there are invoices for buying goods and services each time with a value of VND 20 million or more (price inclusive of VAT) when payment must have non-cash payment vouchers.
The promulgation of Official Letter No. 7623/CT-TTHT of Hanoi Tax Department shows that this is a regular activity of the agency, in order to support enterprises in solving problems and applying the law consistently.
On May 17, 2019, the Government has issued Decree No. 43/2019/ND-CP amending and supplementing a number of articles of Decree No. 26/2014/ND-CP dated April 7, 2014 on organization and operation of Banking Inspection and Supervision.
Accordingly, one of the important contents that should be considered is the addition of duties and powers of the Chief of Banking Investigation and Supervision. Specifically, from the time of 17/05/2019, when detecting signs of violation of law or when there are signs of risks threatening the safety of operation of credit institutions, Chief of Investigation, supervision The Bank has the right to request the Director of the State Bank branch to conduct the inspection, in case the Director of the State Bank branch does not agree to conduct the inspection, it shall report and be responsible to the State Bank Governor.
In addition, Chief Inspector and Supervisor of the Bank has the right to issue a decision to re-inspect the case with previous inspection conclusions if there are signs of violation of the law.
Thus, with the promulgation of Decree 43/2019/ND-CP, the Banking Inspection and Supervision Agency has added a number of tasks and powers to serve the inspection and supervision of the activities of credit institutions, contributing to improving the transparency of the money market.
On May 23, 2019, the Ministry of Transport issued Circular No. 19/2019/TT-BGTVT detailing the investment field and the content of the feasibility study report of investment projects in the form of Public-private partnership in the transport sector. This Circular takes effect from July 10, 2019.
Accordingly, Circular No. 19/2019/ TT-BGTVT regulates investment projects in the field of transportation including construction investment projects, renovation, operation, business, infrastructure management, providing public services in the fields of roads, railways, inland waterways, maritime and aviation.
Circular No. 19/2019/TT-BGTVT also stipulates the content of the feasibility study report of investment projects in the transport sector, including the following main contents:
1. Necessity and investment objectives
2. Advantages of investing in the form of public-private partnerships
3. The project’s compatibility with development planning and plans
4. Project size, location and demand for resources
5. Natural conditions of construction area and current status of works
6. Technical explanation, technology and major solutions
7. Implementation plan, schedule and project contract term
8. Site clearance and resettlement
9. Total investment, total investment capital and financial plan
10. Select the type of project contract
11. Investment capital, plans and feasibility of capital mobilization
12. Managing project implementation, managing exploitation and maintenance of works
13. Analyzing project risks and proposing incentives and investment guarantees
14. Socio-economic efficiency and project impacts
15. Conclusions and recommendations
Thus, Circular 19/2019/TT-BGTVT has clearly defined the scope of investment projects in the field of transport and the contents of the feasibility study report, contributing to support the investors to implementent investment project in the form of public-private partnerships easily.
