On 30/10/2018, the Ministry of Industry and Commerce issued Circular No. 38/2018/TT-BCT regulating the implementation of the certificate of origin under the preferential tariff regime of the European Union, Norway, Switzerland, and Turkey. This Circular takes effect on December 14, 2018.
Accordingly, Circular 38/2018/TT-BCT provides for the procedures for certifying the origin of goods for traders exporting goods to the European Union, Norway, Switzerland, and Turkey under the regime the preferential tariffs of these countries, as follows:
First, traders who wish to enjoy preferential tariffs when exporting to the European Union, Norway, Switzerland, and Turkey must register the REX code at the receiving organization registering the REX code and issuing the certificate from the GSP certificate of origin.
Second, for lots of GSP exports with a total value of no more than 6,000 (six thousand) EUR (based on ex-factory prices), merchants shall be certified as originating for such consignments without registration of codes REX in accordance with this Article.
Third, the cases are exempted from the GSP certificate of origin:
– Case 1: GSP Certificate of Origin is exempt when small packaged goods with a total value of no more than EUR 500 (five hundred) or personal belongings with a total value not exceeding over 1,200 (one thousand two hundred) EUR.
– Case 2: The goods mentioned in the mentioned above case 1 are not allowed to be imported for commercial purposes, only for personal use and the importation takes place irregularly.
Therefore, in order to ensure the conditions for enjoying preferential tariffs on Vietnamese goods exported to the European Union, Norway, Switzerland, and Turkey, the origin of goods. This regulation contributes to the prestige, quality and brand name of Vietnam in the fastidious markets in the world. This is especially important when Vietnam is still in the process of global economic integration.
On September 12, 2018the Government issued Decree No. 119/2018/ND-CP regulating electronic invoices when selling goods or providing services. This Decree takes effect on November 1, 2018.
Accordingly, Decree No. 119/2018/ND-CP contains the following new remarkable items:
1. Enterprises, economic organizations and other organizations use electronic invoices with codes of tax offices when selling goods or providing services irrespective of the value of each sale of goods or provision of services.
2. Businesses in the fields of: electricity; Petroleum; post and Telecommunication; air transport, road, rail, sea, water; Clean water; credit financing; insurrance; medical; e-commerce business; supermarket business; trading and enterprises and economic organizations that have or will conduct transactions with tax authorities by electronic means, build information technology infrastructure, have accounting software systems, electronic invoicing software To make electronic invoices, to store electronic bill data in accordance with regulations and to ensure the transmission of electronic invoice data to purchasers and to the tax office, the electronic invoices shall be used. Having the code of the tax office (except for the use of electronic invoices with the tax office’s code) when selling goods or providing services, irrespective of the value of each sale of goods or provision of services.
3. Enterprises, economic organizations and other organizations in the case of high-risk tax shall use electronic invoices with codes of tax offices when selling goods or providing services irrespective of the value of each sale goods, services.
As such, Decree No. 119/2018/ND-CP contains detailed and timely regulations to overcome the situation of counterfeiting of invoices, contributing to speeding up the application of information technology, saving time and money. Charges for enterprises when carrying out tax administrative procedures.
On 19/09/2018, the Ministry of Industry and Commerce issued Circular No. 27/2018/TT-BCT abolished the regulation on licensing automatic import of motorcycles with a cylinder capacity of 175 cm3 or more. This Circular takes effect on November 5, 2018.
Accordingly, Circular No. 27/2018/TT-BCT stipulates that motorbike importers who import motorbikes of 175 cm3 or more are not required to register for automatic import licenses at the Ministry of Industry and Trade, only do the procedure to import at customs offices according to current regulations.
Previously, in August, the Ministry of Industry and Commerce issued Circular No. 14/2017/TT-BCT deregulating the application of automatic import licensing regime for some steel products. Thus, together with the issuance of Circular 27/2018 / TT-BCT, the Ministry of Industry and Trade no longer applies automatic licenses for any export or import goods.
It can be seen that the complete abolition of the import license for motorbike automobiles with a cylinder capacity of 175 cm3 or more is a further effort of the Ministry of Industry and Trade in reforming administrative procedures and creating the environment. Business schools are convenient for businesses, contributing to improving the business environment, improving national competitiveness in the current period.
On September 12, the Government issued Decree No. 119/2018/ND-CP regulating electronic invoices when selling goods or providing services. This Decree takes effect on November 1, 2018.
Accordingly, Decree No. 119/2018/ND-CP regulates the cases where electronic invoices are issued free of tax code:
One is small and medium enterprises, cooperatives, households and individuals doing business in geographical areas meeting with socio-economic difficulties or exceptional difficulties.
Secondly, small and medium enterprises start their own businesses according to the provisions of law and business households and individuals transform into enterprises within 12 months after the establishment of enterprises.
Three business households and individuals that have turnover of VND3 billion or more in agriculture, forestry, fisheries, industry or construction last year and have turnover of VND10 billion in the preceding year or more in the field of trade and services within 12 months from the month of applying the electronic invoice with the code of the tax authority as prescribed.
Four other small and medium enterprises at the proposal of the People’s Committees of the provinces and centrally-run cities and the Finance Ministry’s regulations, except for enterprises operating in economic zones, industrial parks or hi-tech parks.
Five are other cases necessary to encourage the use of electronic invoices decided by the Ministry of Finance.
In addition, this Decree also stipulates that organizations providing e-invoicing services when providing e-invoicing services may collect service charges as agreed in contracts signed between service providers and parties. Services are enterprises, economic organizations, households, and individuals that do not belong to the cases used free of charge above.
It can be seen that the Decree No. 119/2018/NĐ-CP stipulates in detail and in detail the cases where the electronic invoices are issued free of tax code, which is classified as money. to provide appropriate and timely support for each type of object and at the same time contribute to improving the effectiveness of state management in their activities.
On 20/9/2018, the Government issued Decree No. 126/2018/ND-CP regulating the establishment and operation of foreign cultural establishments in Vietnam. This Decree takes effect on November 5, 2018
Accordingly, Decree No. 126/2018/ND-CP regulates procedures for establishing branches of foreign cultural establishments in Vietnam, specifically as follows:
1. For the composition of dossier:
– An application for a certificate of registration, made according to a set form;
– Estimated organizational structure and apparatus;
– Draft Operational Regulations;
– The curriculum vitae of the person to be appointed is the legal representative.
Documents in the dossier, if in a foreign language, must be accompanied by a notarized Vietnamese translation.
2. Regarding the order, manner, time limit and competence:
– A foreigner applying for a registration certificate shall submit directly or by mail one copy of the dossier to the Ministry of Culture, Sports and Tourism;
– If the dossier is incomplete, within 05 working days from the date of receipt of the dossier, the Ministry of Culture, Sports and Tourism shall send a written notice in person or by post or email for foreigners to supplement the dossier;
– Within 15 working days after receiving complete dossiers as prescribed, the Minister of Culture, Sports and Tourism shall grant the operation registration certificate.
3. The duration of the registration certificate:
– If the international convention with the rule of timeout, the time of the certificate is the certificate that the registered as up by the following time of the time of the time of the time under the law.
– If an international agreement does not provide for a valid term, the validity duration of a registration certificate shall be 05 years and may be extended for not more than 5 years each.
It can be seen that the Decree No. 126/2018/ND-CP has very specific provisions on the order and procedures for the grant of certificates of operation of foreign cultural establishments in Vietnam. Hope will be the premise for the foreign units and organizations to develop cultural activities in the territory of Vietnam.
On 12th, September 2018, the Ministry of Health issued Circular No. 22/2018/TT-BYT regulating the list of functional foods for children under the age of 06 following the price declaration list. This Circular takes effect on 1st, November 2018.
Accordingly, Circular No. 22/2018/TT-BYT regulates the list of functional foods for children under the age of 06 years following the price declaration list, including:
• Health food;
• Food nutrition medicine;
• Food supplements, including nutritional products for children up to 36 months of age.
At the same time, this Circular also stipulates the responsibility to announce the list of food products for children under 06 years old following the price declaration list on the website of the agencies or on the public media.
In conclusion, the Circular No. 22/2018/TT-BYT guided in detail the list of functional foods for children under 06 years old, creating favorable conditions for the state in management Market in the field of health, especially the products used for children.
On 14th, September 2018, the Ministry of Health issued Circular No. 23/2018/ TT-BYT regulating the withdrawal and handling of unsafe food under the management of the Ministry of Health. This Circular takes effect on 1st, November 2018.
Accordingly, Circular No.23/2018/TT-BYT has the following main contents:
1. Unsafe food can be withdraw in case:
– Voluntary withdraw means the withdrawal of products performed by organizations or individuals that declare or self-declare of products (product owners), voluntarily perform when detecting or receiving feedback on unsafe food produced by organizations and/or individuals and not in cases of compulsory withdrawal.
– Compulsory withdraw means that the owner withdraw unsafe food following decision of Authorities, including: The Authorities receiving the dossier of self-declare or granting the certificate following regulation of Decree No. 15/2018/ND-CP dated 2, February 2018 detailing the implementation of a number of articles of the Law on Food Safety; Agencies competent to sanction administrative violations in food safety following the regulation of law.
2. Withdrawn products shall be handled in one of the following case:
– Overcoming labeling errors: apply to products violating labeling regulations compared to self-declaration dossiers or dossiers of applying for declaration.
– Change of using purposes: apply to the violating products threaten to affect consumers’s health, which can not be used in food field but may be used in other fields;
– Re-export: apply to imported products of high quality and safety limits which are incompatible with self-declaration dossiers or dossiers of applying for declaration which affect the health of consumers harmfully
– Destruction: apply to products with quality norms or safety limits are incompatible with dossiers of self-declaration or dossiers of applying for declaration which affect the health of consumers harmfully or can not change the purpose of use or re-export according to the above provisions.
In summary, Promulgating Circular No. 23/2018/TT-BYT will create a clear and specific provisions on withdrawn and handling of unsafe foods under the Ministry of Health’s management and overcome the weaknesses in the past.
On 11, August 2018, The Government issued Decree No. 117/2018/ND-CP regulation on confidentiality and supply of customer information by Credit Institutions and Branches of foreign banks. This Decree will take effect from 1st, November 2018.
Accordingly, Credit Institutions and Branches of foreign banks, must ensure the principle of confidentially and supply of customer information following Article 4, Decree No. 117/2018/ND-CP, specifically:
• Customer information must be kept confidential and provided only in accordance with the provisions of the Law on Credit Institutions 2010, amended and supplemented in 2017, this Decree and relevant laws.
• Customer information is not provided when accessing banking services, unless customer accept by letter or other form following agreement with the customer.
• Agencies, organizations and individuals must archive and preserve following regulation of law on archive and preservation of dossiers and documents on customer information, dossiers of request for supply of customer information, delivery of customer information.
Decree No. 117/2018/ND-CP also regulate supply of customer information, specifically:
In case of providing customer information for Authorities, the subject of the supply must be pursuant to the assessment of the following issues:
• The specific legal basis that regulates the authority’s rights to require providing customer information;
• The reason, the purpose of requesting the supply of customer information;
• Content, scope of customer information, time of supply;
• Form of request, supply of customer information; The form of document providing information following the regulation of law;
• Information of representation when receive information customer in case of supply of information following Point b, Clause 1, Article 6 of this Decree;
In case of providing customer information for other organizations or individual, the subject of the supply must be pursuant to the assessment of the following issues:
• Other organizations and individuals have the right to request Credit institutions and Branches of foreign banks to provide customer information specified in the laws, laws and resolutions of the National Assembly.
• Have the customer agree by letter or other form following agreement with the customer.
With highlights above, Decree 117/2018 / ND-CP has created a legal basis for keeping confidential and providing customer information clearly, ensuring the privacy of customers; At the same time, the difficulties and obstacles when keep confidential and provide customer information are solved, as well as to assist authorities in performing the collection information, documents and evidence in time.
On 28th, September 2018, The State Bank of Vietnam issued Circular No.24/2018/TT-NHNN amending, supplement and abolishing a number of article of Circular, Document regulating the regime of periodical reporting. This Circular will take effect from 15th, November 2018.
Accordingly, Circular No.24/2018/TT-NHNN contains many remarkable points, specifically:
– Abolish the representative’s report on the situation of business and financial activities of the cooperative bank in Decision No. 61/2006/QD-NHNN dated December 29, 2006, specifically:
• Abolish Clause 1, Article 11 of the regulation attached with Decision No. 61;
• Abolish the Appendix attached with Decision No. 61.
– Abolish the annual report on the situation of offshore investment in cases approved by the Prime Minister in accordance with Clause 2, Article 34 of Circular No.10/2016/TT-NHNN dated 29/06/2016.
– Abolish the annual report on the situation of foreign currency trading of credit institutions permitted to individuals following the regulation of Circular No. 20/2011/TT-NHNN dated 29/8/2011.
– Abolish the annual report on the implementation of technical requirements on security and confidentiality of equipment in service of payment of bank cards following the regulation of Circular No. 47/2014/TT-NHNN dated 31/12/2014.
– Abolish the annual report on security and confidentiality of Internet banking services following the regulation of Circular No. 36/2016/TT-NHNN dated 29/12/2016.
In summary, through the abolition of many regulations on the regime of Bank’s periodical reporting, the State Bank of Vietnam has promoted changing procedures in the direction of simplification, thereby improving the performance of credit institutions as well as the management efficiency of the State in this field.
