法律解答 - Bizlawyer

Cases of not collecting import tax or export tax

回答

On March 11, 2021, the Government issued Decree No. 18/2021/NĐ-CP amending and supplementing a number of articles of the Government’s Decree No. 134/2016/ND-CP dated September 1, 2016, detailing a number of articles and the enforcement of the Law on Import and Export Tax.

Accordingly, the Decree has added provisions on the cases of not collecting import tax and export tax, specifically as follows:

Tax is not collected for goods subject to tax refund but tax has not been paid as:

+Tax refund for exported goods that must be re-imported;

+Tax refund for imported goods that be re-exported;

+Tax refund for on machinery, equipment, tools, vehicles of organizations and individuals permitted to temporarily import for re-export;

+Tax refund for goods initially imported for business operation but eventually used for manufacture of exports;

+Tax refund for taxpayers that have paid import tax or export tax but do not have imported or exported goods or import or export less than the taxable import or export goods; No tax refund for the case with the minimum tax amount;

Tax is not collected for goods not subject to import or export tax as:

+Tax refund for exported goods that must be re-imported;

+Tax refund for imported goods that be re-exported;

This Decree takes effect on April 25, 2021.

Regulations on tax exemption for imports to create fixed assets of subjects entitled to investment incentives

回答

Accordingly, the Decree has added provisions on tax exemption of imported goods to create fixed assets of subjects entitled to investment incentives, in which special provisions on the basis for determining tax-exempt subjects are specified as follows:

Investment projects in business lines eligible for investment incentives or business lines specially eligible for investment incentives; investment projects in areas with difficult socio-economic conditions or particularly difficult socio-economic areas;

Any investment project whose capital is at least VND 6,000 billion, disburse at least VND 6,000 billion within 03 years from the issuance date of the Investment Registration Certificate or Investment Policy Approval, at the same time which satisfies any of the following criteria: the total revenue is at least VND 10,000 billion per year within 03 years from the year in which the revenue is earned or the project has more than 3,000 employees;

Investment projects in rural areas using 500 or more employees (excluding part-time employees and employees with labor contracts of less than 12 months): The time for determining the number of employees for the investment project is calculated after 12 months from the date the project officially operates. The project owner takes responsibility and notify the customs agency of the date the investment project officially operates and must ensure that it meets the criteria for employment of 500 or more employees during the operation of the project.

Hi-technology enterprises, science and technology enterprises and science and technology organizations.

This Decree takes effect on April 25, 2021.

Regulations on tax exemption of Goods imported for processing and Processed Goods for export

回答

This Decree has many new regulations, amended and supplemented regulations related to export and import tax policies applicable to taxpayers. In particular, additional regulations on tax exemption of Goods imported for processing and Processed Goods for export, specifically supplements for Processed Goods for export or exported to non-tariff zones, on-spot exports for organizations and individuals in Vietnam as prescribed by the ordering party will be exempt from export tax, import tax in accordance with the Law on Import And Export Tax.

Accordingly, the condition for Processed Goods for export to be exempt from the above-mentioned export tax is that it must be Goods processed from all imported goods. In case Processed Goods for export are produced from domestic raw materials and supplies with export tax, when exporting, tax must be paid on the value of domestic raw materials and supplies constituentd in exported products at the tax rate of raw materials and supplies.

In addition, the Decree has additional provisions on the basis for determining tax-exempt goods such as:

The basis for determining the quantity of imported goods used for the process of goods already exported abroad or exported to non-tariff zones exempt from import tax is the actual quantity of imported goods used for the process of exported goods;

Goods imported for processing, scrap formed during export process paid to foreigners ordered for processing are exempt from export tax or import tax;

The basis for determination of imports used for the process of on-spot export goods exempt from import tax is the actual goods used for the process already exported on the spot if the on-spot exporter notified the customs office of the customs declaration of the corresponding on-spot imported goods that has completed the import procedures in 15 days from the date of customs;

Taxpayers or organizations/individuals that receive re-processed taxation shall have the right to own or use the processing establishments, machinery and equipment at the processing establishments in the Vietnamese territory and must notify the processing and re-processing establishments; process contracts, re-process contracts, appendixes of process contracts, appendixes of re-processed contracts to customs authorities in accordance with the customs law;

On-spot imported goods registering customs declarations under the type of importation exempt from import tax if the on-spot importer has a process contract, the taxpayer or the organizations/individuals receiving the re-process for taxpayers has the right to own or use the processing establishments, machinery and equipment at the processing establishments in the Vietnamese territory and must notify the customs agency.

This Decree takes effect on April 25, 2021.

Application of the new health insurance card form

回答

On December 3, 2020, Decision No.1666/QD-BHXH was issued by the Vietnam Social Security. Accordingly, the Health Insurance card form will be changed. As follows:

Size: Length 85. 60 mm, width 53. 98 mm, according to the card’s outer edge frame. This size is much more compact than the old health insurance card form.
Material: Using 180g/m2 white paper, ensuring durability and gloss.
Appearance: White background, blurred logo of Social Insurance logo in cobalt blue with spreading circles, decreasing color, distance from the center of Social Insurance logo to the outermost circle is 14 mm; outside there is a cobalt blue double stroke frame.
Card number: Will be printed with10 characters of the social insurance code of the insured instead of the 15-digit serial number as before.
The back of the card: Records the contents related to the thing to pay attention to as well as the information to look up, access or answer problems for people participating in health insurance.

In addition, this Decision also provides for the transition clause, accordingly, for printed health insurance card according to the provisions of Decision No.1313/QD-BHXH dated December 2, 2014 of the General Director of Vietnam Social Insurance regarding the issuance of the form of health insurance card that has not been used up until the effective date of this Decision, continues to be used and issued to the subjects participating in health insurance and waiting for the replacement of the health insurance card as prescribed in the Decision, the health insurance card issued to a participant of health insurance is still valid and will continue to be used for medical examination and treatment (medical treatment) under the health insurance.

This Decision takes effect from April 1, 2021

Working time of the interbank payment system

回答

On December 31, 2020, the State Bank of Vietnam issued Circular No. 21/2020/TT-NHNN amending and supplementing a number of articles of Circular No. 37/2016/TT-NHNN dated December 30, 2016. of the Governor of the State Bank of Vietnam providing for the management, operation and use of the national banking electronic payment system.
Accordingly, this Circular has adjusted the working time of the interbank payment system (“IP System”), specifically as follows:
a) Time to start receiving high-value payment orders, low-value payment orders and netting results from other systems: 8:00 am of working days;
b) Time to start receiving foreign settlement orders: 9.00 am of working days;
c) Time to stop receiving low-value payment orders, time to stop receiving requests for handling of netting results from other systems: 4.30 pm of ordinary working days; 5.00 pm of 02 working days at end of month;
d) Time to stop receiving high-value payment orders, foreign payment orders: 5.00 pm of ordinary working days; 5.45 pm of 02 working days at end of month;
dd) Time to complete the handling of payment orders in the settlement queues (if any): 30 minutes at the time that IP System stops receiving payment order;
e) Time to perform end-of-day tasks (checking of comparison conditions, data comparison and verification with the National Payment Service Center): promptly after the time prescribed in point dd of this clause.”.
This document takes effect from April 1, 2021.

Legal News No. 03/2021

回答

Increase the fine for the group of violations on the use and publicity of diplomas and certificates in contravention of regulations

回答

On December 18, 2020, the Government issued Decree 04/2021/ND-CP stipulating the sanctioning of administrative violations in the field of education (“Decree 04“). Accordingly, Decree 04 has increased the fine for the group of violations on using and publishing diplomas and certificates in contravention of regulations. As follows:

A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Using diplomas and certificates of others;
b) Letting others use their diplomas or certificates;
c) Using diplomas and certificates which have been erased or corrected to falsify the contents.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Disclosing inadequate information about the granting of diplomas and certificates on the unit’s website;
b) Inaccurate publicity of information about the diploma and certificate issuance on its website.

3. A fine of between VND 20,000,000 and 40,000,000: For the act of not disclosing information about the degree or certificate issuance on the unit’s website.

4. Additional sanction: Confiscation of material evidence being diplomas and certificates erased, corrected, falsified the contents for acts of using erased diplomas or certificates, falsifying the contents.

5. Remedial measures:

a) Forcible publicity as prescribed
b) Forcible correction of information

Previously, the penalty for the group of violations on the use and publicity of diplomas and certificates in contravention of regulations is specified in Article 16 of Decree 138/2013/ND-CP, specifically as follows:

A fine of between VND 1,000,000 and 2,000,000 shall be imposed for failure to update and publicize information on the issue of diplomas or certificates on their website.
A fine of between VND 2,000,000 and 8,000,000 shall be imposed for acts of using diplomas or certificates of others or using certificates that have been erased, erased or modified.
A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of buying, selling or using fake diplomas or certificates.
A fine of between VND 20,000,000 and 40,000,000 shall be imposed for acts of forging diplomas or certificates.
Forms of additional sanctions: Confiscation of material evidences and means of administrative violations

Decree 04 was born, replacing Decree 138/2013/ND-CP. Decree 04 takes effect from March 10, 2021.

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New rules on the conditions for transferring land use rights in the form of subdivision and sale of land

回答

On December 18, 2020, the Government issued 148/2020/ND-CP amending a number of Decrees guiding the Land Law (“Decree 148“). Accordingly, Decree 148 has new regulations on the conditions for transferring land use rights in the form of division of plots and sale of land plots. As follows:

In Clause 17, Article 1 of Decree 148 amending and supplementing Article 41 of Decree No. 43/2014/ND-CP on conditions for transferring land use rights in investment projects on construction and trading of “houses for sale” or “for sale and for lease” as follows:

First, conditions for investors:

Project investors must complete the construction of infrastructure (including service works, technical infrastructure works, social infrastructure works according to the approved detailed construction plan 1/500); Ensure the connection with the common infrastructure system of the area before transferring land use rights to the people to build houses by themselves; Ensure the provision of essential services including electricity supply, water supply, water drainage, waste collection;
Project investors must fulfill financial obligations related to the project’s land (including land use fees, land rental; land-related taxes, fees (if any));

2. Second, the conditions for the project: Are projects not located in the following areas:

Areas of wards of (special grade cities) and (grade I cities directly under the Central Government);
Areas with high demand for (landscape architecture), (central area) and (surrounding buildings are architectural highlights in the urban area);
Frontage of (roads from regional level up) and (roads that are major landscape in urban areas).

3. Other conditions: Based on the provisions of the law on (urban planning), (construction), (urban development), (real estate business) and (housing) to determine.

Above is the change of the conditions for transferring land use rights in the form of subdivision and sale of land in Decree 148. Decree 148 takes effect from February 8, 2021.

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Time of submission of certificate of origin of imported goods

回答

On January 25, 2021, the Minister of Finance issued Circular No. 07/2021/TT-BTC prescribing the time for submitting certificates of origin of imported goods in the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA). Specifically:

The customs declarer shall submit the certificate of origin of imported goods at the time of customs procedures.

In case there is no certificate of origin of imported goods at the time of carrying out customs procedures to apply the special preferential import tax rate as prescribed in the EVFTA Agreement, the customs declarer must declare late payment of the certificate of origin on the import customs declaration and be supplemented with additional declaration, submit the certificate of origin within 02 years from the date of registration of the import customs declaration and within the validity period of the certificate of origin of goods.

In case the customs declarant submits the certificate of origin after the above validity period (i.e. within 02 years from the date of registration of the import customs declaration) for force majeure reasons or other valid reasons outside the control of the importer or other cases of late presentation , The Ministry of Finance shall consider and decide on the application of special preferential import tax rates as prescribed in the EVFTA agreement for specific cases. In case of other late presentation, the goods must be imported within the validity period of the certificate of origin of goods.

This Circular takes effect on March 11, 2021.

Cases of transfer of securities ownership are not required to be deposited

回答

On December 31, 2020, the Ministry of Finance issued Circular No.119/2020/TT-BTC regulating the registration, depository, clearing and settlement of securities transactions. The Circular takes effect from 15th February, 2021.

In which, there are provisions for a number of cases where the transferor of securities ownership is not required to conduct the securities depository before the transfer of ownership, specifically as follows:

a) The securities ownership transferor is missing, dead, or has been residing overseas and cannot be contacted;
b) The issuing organization, the public company repurchases employees’ shares according to the company’s regulations on issuing shares to employees; issuers, public companies buy back shares of officials and employees who are entitled to buy at preferential treatment in accordance with the law on equitization;
c) Transfer of ownership under a court judgment or ruling, an arbitral award or a decision of a judgment enforcement agency;
d) Transfer of ownership due to reorganization, dissolution of an enterprise, dissolution of a business household in which the transferor no longer exists due to completion of reorganization, enterprise dissolution, or household dissolution business.