Banks raise deposit interest rates
In need of raising medium and long term capital, which serves business activities at the end of the year and reduction in the ratio ...
Franchise explosion in Vietnam
Franchise has facilitated many foreign brands to break into Vietnam. In addition to franchise industry for food, beverage or education, franchising in goods retail industry...
6 leading economic sectors in Central region
There are 6 coastal and marine economic sectors mainly developed in the Central region, which creating positives results ...
91.9% companies are optimistic about production activities in the last 6 months this year
FDI companies sector is witnessed a positive production volume, 91.1% of which are expected to increase or remain their volume ...
CPTPP makes shift of Vietnam from deficit to surplus
Most signed free trade agreements (FTA) have reflected that Vietnam always run deficit trend ...
Legal answers
Adjustment of monthly allowances for demobilized and retired military personnel
Answered

On August 28, 1818, the Ministry of Defense issued Circular No. 138/2018/TT-BQP guiding the adjustment of monthly allowances for soldier and caliber workers who are paid salaries as for army personnel who have been demobilized or demobilized. This Circular takes effect on October 14, 2018.
Accordingly, Circular No. 138/2018/TT-BQP regulates on monthly allowances for soldier and caliber workers who are paid salaries as for army personnel who have been demobilized, demobilized or laid off, specifically:
Adjustment to increase the monthly allowance of June 2018 for:
– Military personnel who have been demobilized and demobilized are entitled to a monthly allowance under the provisions of Decision No. 142/2008/QD-TTg of October 27, 2008;
– Military personnel and cipher workers who are paid salaries as for those who have been demobilized or demobilized, who are receiving monthly allowances under the Decision No. 62/2011/QD-TTg on November 9, 2011.
Monthly benefit amount from 1/7/2018 = Monthly benefit rate in June 2018 x 1.0692
Thus, the monthly allowance level after the adjustment has increased, specifically as follows:
– From 15 to under 16 years: 1,764,000 VND/month;
– From 16 to under 17 years: 1,844,000 VND/month;
– From 17 to under 18 years: 1,925,000 VND/month;
– From 18 under 19 years: 2,005,000 VND/month;
– From 19 to under 20 years: 2,085,000 VND/month.
It can be seen that, through the Circular No. 138/2018 / TT-BQP, the Ministry of Defense has made appropriate and timely adjustments to military personnel. It shows the interest of the leaders of the State as well as contributes to improving the spiritual and material life of soldiers and soldiers as well as those who are working in the core business, ensuring the rights as well as contribution. They can be assured of their work and dedication to the country.

The action plan of the Government on social insurance policy
Answered

On 08/10/2018, the Government issued Resolution No. 125/NQ-CP promulgating the Government’s Action Program to implement Resolution No. 28-NQ/TW of May 23, The 7th Central Committee on reforming social insurance policy. This resolution takes effect from the date of its promulgation.
Accordingly, the Government has a series of adjustments related to the social insurance policy in the coming time requires implementation. Specifically:
– To amend the wage regulations so as to facilitate the determination of grounds for payment of social insurance premiums in enterprises by at least 70% of the total wage of other qualitative incomes of laborers;
– To adjust the calculation of pension according to the principle of enjoyment; To increase the entitlements if the social insurance premiums are reserved for the purpose of enjoying the retirement or reduction of the entitlement to one-time social insurance benefits;
– Pilots implement flexible short-term voluntary insurance so that employees have more choices to participate and enjoy;
– Determining the participation in compulsory social insurance for Vietnamese laborers going to work overseas and the enjoyment of social insurance regimes after the end of their working time abroad.
Thus, the promulgated action plan of the Government is expected to promote the implementation of policies on social insurance seriously implemented, ensuring the legitimate rights and interests of the workers and contribute to ensuring social justice.

Revised rules for the implementation of rules of origin in the ASEAN Free Trade Area Agreement
Answered

On 14/09/2018, the Government issued Circular No. 26/2018/TT-BCT amend and supplementing Appendix IV issued with Circular No. 20/2014/TT-BCT dated June 25, 2014 Regulations on the implementation of rules of origin in the ASEAN Free Trade Area Agreement. This Circular will come into force on October 29, 2108.
Accordingly, Circular No. 26/2018/TT-BCT has the following remarkable contents:
– “Special goods” to be re-imported in the form of a product that does not undergo any simple processing or processing in the territory of the re-importing Member for export shall be deemed to originate from the territory of the re-importing country, provided that:
• The total value of non-originating materials not exceeding 40% (percent) of the FOB value of the finished product shall be deemed to have the origin;
• The value of originating materials exported from a member country must account for at least 60% (%) of the total value of the raw materials used in the production of the finished product.
– The C/O issuer of the exporting country must clearly state on the special goods C/O;
– Korea assists the customs authorities of the importing Member State to conduct an inspection of goods in accordance with the law.
It can be seen that Circular No. 26/2018 / TT-BCT has contributed to clarifying some contents of the implementation of rules of origin in the ASEAN-Korea Free Trade Area Agreement, thereby facilitating It also helps to promote diplomatic relations in economic aspects as well as between Vietnam and other countries in the region.

Guidance on foreign exchange management of border trade activities between Vietnam and China
Answered

On August 28, 1818, the State Bank issued Circular No. 19/2018/TT-NHNN guidelines on foreign exchange management of border trade activities between Vietnam and China. This Circular takes effect on October 12, 2018.
Accordingly, the State Bank shall issue licenses for banks located in the border of Vietnam. At these branches traders, Vietnamese as well as Chinese may set up accounts, withdraw money, send money, pay and other banking activities with both VND and CYN to serve their business activities, exchange of goods. In particular, the State Bank of Vietnam now allows border banks to enter into an agreement with the Bank of China to perform the mandated payment for commercial activities in the border area..
Thus, with the issuance of Circular No. 19/2018/TT-NHNN, residents and traders of the two countries Vietnam and China in the border area can make the payment quickly, It also helps to reduce tax losses and strengthen foreign exchange control, ensuring national currency security.

New regulations on conditions on legal capital for film production enterprises
Answered

On 09/10/2018, the Government issued Decree No. 142/2018/ND-CP guiding a number of provisions on the amendment of a number of provisions on business conditions under the State management scope of the Ministry of Culture, Sports and Tourism. This Decree takes effect from the date of its promulgation.
Accordingly, Decree No. 142/2018 / ND-CP regulates film production conditions, specifically as follows:
Previously, businesses want to produce film business should meet the prerequisites of legal capital, accordingly, the minimum capital required that the enterprise need to ensure is VND 1 billion. However, since October 09, 2015, when Decree No. 142/2018/ND-CP came into force, the enterprise will only need to meet the legal capital of 200 million VND. As a result, the legal capital for film production has been reduced.
The competent state agencies shall base themselves on the following documents to determine that the enterprises have met legal capital levels:
– The owner’s decision to allocate capital to state-owned enterprises, one-member or two-member limited liability companies whose owners are an organization.;
– Minutes of capital contribution of founding shareholders to joint-stock companies or founding members for limited liability companies with two or more members;
– The registration of investment capital of the owner of the enterprise with respect to a private enterprise, partnership and, in the case of a limited liability company, where the owner is an individual.
It can be seen that the law is increasingly loosening policies in the business conditions of the business. The regulation on the reduction of legal capital for film production enterprises has created conditions for new units to set up/operate in this field, Contribute to encourage this business in the current period.

New guiding on tax policy for the building workshops of export processing enterprises (EPEs)
Answered

On 12th, October 2018, the General Department of Customs issued Official Letter No. 6010 / TCHQ-TXNK responding to Official Letter No. 26092018 / GETECH dated 26/09/2018 of Getech Vietnam Co., Ltd and Official Letter No. 2609/18 / JS-HQVP dated 26/09/2018 of Jinsung IND Vina Co., Ltd, for guidance on import tax policy for building workshops of export processing enterprises. This Official Letter comes into effect from the issued date.
Accordingly, Official Letter No. 6010 / TCHQ-TXNK has the following remarkable contents:
1. On import tax
Base on Clause 4, Article 2 of Export-Import Tax Law No. 107/2016 / QH13: Goods exported from no tax areas to foreign countries; Goods imported from abroad into the no tax areas and used only in no tax areas; Goods moving from one no tax area to another no tax area are not subjected putting export or import tax.
Accordingly, when export processing enterprises import goods for the construction of workshops, offices and setting equipment, they shall not have to declare and pay import tax.
2. On the value added tax (VAT)
Base on Clause 20, Article 5 of the VAT Law No. 13/2008 / QH12; Clause 20, Article 4 of the Finance Ministry’s Circular No. 219/2013 / TT-BTC date 31, December 2013, regulating goods traded between foreign countries and no tax areas and between no tax areas no putting VAT. Thus, in cases where enterprises in no tax zones import goods from foreign countries into no tax areas, imported goods shall not be subjected to VAT.
In cases where domestic enterprises import goods for the construction of workshops for EPEs, they must declare and pay VAT and, when exporting goods into export processing enterprises, shall be allowed to apply VAT at 0% witholding, tax deduction and refund under Article 2 of the Finance Ministry’s Circular No. 25/2018 / TT-BTC of March 16, 2018.
It can be seen that the reply of the General Department of Customs in Official Letter No. 6010 / TCHQ-TXNK dated 12/10/2018 above not only solves the problems of Getech Vietnam Co., Ltd. Jinsung IND Vina but also has valuable resources, applicable to businesses encountering similar situations.

New regulation abolish some articles of the conditions of business Karaoke
Answered

On 09th, October 2018, the Government issued Decree No.142/2018/ND-CP amending to some articles of the investment and business conditions under regulating of the Ministry of Culture, Sports and Tourism. Decree No.142/2018/ND-CP will come into force from the issued date.
Accordingly, Decree No.142/2018/ND-CP amending and abolishing some articles related to Karaoke activity, specifically:
Firstly, Abolish some articles relating to the condition of business karaoke:
– The karaoke door must be no color glass and can see from outside into the karaoke room;
– The location of business karaoke must keep distance with the school, hospital, religious organization, historical-cultural relic, autority at least 200m or more;
– Business karaoke activity is suitable for planning of karaoke approved by the authorities.
Secondly, Abolish some articles relating to the responsibility of the business karaoke’s owner:
– Ensure that the inside light of the room always up to 10 Lux similar to 01 pub 40W/20m2;
– Ensure that the sound’s echo does not to exceed the regulations of law on the standard of the maximum noise level.
– Do not sell wine or allow guests to drink in karaoke rooms;
– Ensure the security conditions stipulated in the Decree No. 72/2009 / ND-CP dated September 3, 2009 of the Government.
In conclusion, the Decree No.142/2018/ND-CP expanded the conditions of business karaoke in particular and others service under the regulation of the Ministry of Culture, Sports and Tourism in general. The new regulations abolish the old provisions not to suit for now and creat a comfort mind in business karaoke activities and using service.

Reduce 111 business conditions following the regulation of the Ministry of Industry and Trading (MOIT)
Answered

On 11th, October 2018, the Ministry of Industry and Trading issued Decision No. 3720/QD-BCT promulgating the plan for cutting and simplifying business investment conditions following the regulation of MOIT in 2019-2020. This Decision will come into force from the issued date.
Accordingly, Decision No. 3720/QD-BCT promulgating the plan for cutting and simplifying business investment conditions following the regulation of MOIT with the criteria and principles, as follows:
1. About the citeria:
– Current legal documents;
– Requirements of state management and the effectiveness’ s assessment to investment and business conditions of state management;
– Actual practice in the past time;
– The problems and obstacles in the implementation process;
– Comply with international commitments.
2. About the principles:
– Continue reviewing the industries, occupations and business investment conditions following the regulation of the Ministry of Industry and Trade;
– Review business conditions according to the principles of Decision No. 3610a / QD-BCT dated September 20, 2017;
– Review and reduce business investment conditions in the 2019-2020 period.
In conclusion, with criteria and principles above, MOIT is trying to reduce business conditions hard that do not suit for now, thereby reducing the pressure an administrative procedures for individual and organization when they participate in business activities following the regulation MOIT.

Legal news No. 40/2018
Answered

New regulations on management of e-commerce websites and e-commerce activities through applications on mobile devices
Answered

On 20/08/2018, the Ministry of Industry and Trade issued Circular No. 21/2018/TT-BCT amending some articles of Circular No. 47/2014/TT-BCT dated 05/12/2014 by the Ministry of Industry and Trade on the management of e-commerce websites and Circular No. 59/2015/TT-BCT dated 31/12/2015 of the Ministry of Industry and Trade regulating the management of e-commerce activities through applications on mobile devices. This Circular will be effective on 18/10/2018.
Accordingly, Circular 21/2018/TT-BCT has made many important changes as follows:
– To revoke Article 8, Circular No. 47/2014/TT-BCT on subjects of announcing e-commerce websites. This adjustment aims to eliminate the fear of the procedure in some business objects;
– Article 13 of Circular No. 47/2014/TT-BCT is amended to read: “Subjects registered as traders or organizations having e-commerce websites provide at least one of the following services: E-commerce transaction platform; Online promotion services; Online auction service”;
– To annul Article 21 of the Circular No. 47/2014 / TT-BCT, regulations on the registration of credit rating activities of e-commerce websites;
– To amend Article 10 of Circular No. 59/2015/TT-BCT into “Notification subjects being owners of sale applications, including traders, organizations or individuals that have been granted personal tax identification numbers”;
– Article 13 of Circular No. 59/2015 / TT-BCT is amended to read: “Registered subjects are traders or organizations owning e-commerce services under Clause 3, Article 3 of this Circular”.
As such, Circular 21/2018/TT-BTC has made important changes related to the management of e-commerce activities in general. This revision, aimed primarily at eliminating some unnecessary procedures, is intended to create a comfortable psychological environment for individuals or organizations that own websites or applications that relate to the activity. E-commerce aims to stimulate the development of the economy in the direction of modern, diverse.