On April 21, 2022, the General Department of Customs issued Official Letter 1400/TCHQ-TXNK in 2022 on tax treatment of goods rented and borrowed from export processing enterprises (“Dispatch 1400”).

Accordingly, Official Letter 1400 has recorded the guidance of the General Department of Customs related to import tax on goods rented or borrowed from export processing enterprises, the following will be detailed:
Subjects of application: Goods rented or borrowed by domestic enterprises from export processing enterprises in the form of temporary import for re-export to serve processing and production for export.
– Domestic enterprises are not exempt from import tax as prescribed at Point a, Clause 9, Article 16 of the Law on Import Tax and Export Tax No. 107/2016/QH12.
– Domestic enterprises must declare and pay import tax upon temporary import and are not eligible for a refund of paid import tax upon re-export according to the provisions of Point dd, Clause 1, Article 19 of the Law on Import Tax and Export Tax No. 107/2016/QH13 because it is a case of renting and borrowing.

Dispatch 1400 takes effect from April 21, 2022.

* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!

On May 6, 2022, the Government issued Resolution 64/NQ-CP 2022 related to several solutions to improve quality and speed up planning for the 2021-2030 period (“Resolution 64/NQ-CP”).
Here, let’s learn about specific solutions of the Government in Resolution 64/NQ-CP with Bizlawyer.

a) Allow planning according to the provisions of the Law on Planning and the laws and ordinances that have been amended and supplemented with several articles related to the planning to be made at the same time to ensure the uniformity; The planning which is made and appraised first will be decided or approved first. After the planning is decided or approved, if there are inappropriate contents, the lower planning must be adjusted according to the higher planning, ensuring the hierarchy in the national planning system.
b) Allow adjustment of the planning schedule, focusing on speeding up the formulation, appraisal and approval in 2022 for urgent national-level plans, facilitating the operation and socio-economic development of the country. To complete the master plans under the national planning system in 2023.
c) Allow the planning mentioned at point c, clause 1, Article 59 of the Law on Planning that was decided or approved before January 1, 2019, to continue to be implemented, prolong the period and adjust the contents according to regulations. provisions of relevant laws before the effective date of the Planning Law to meet the requirements of socio-economic development until the national planning, regional planning, and provincial planning period 2021 – 2030 is decided or approved under the provisions of the Law on Planning; consider and integrate relevant contents to include in the planning period 2021 – 2030.
d) Allow ministers, heads of ministerial-level agencies, and presidents of People’s Committees of provinces and centrally-run cities to consider and decide to apply the form of contractor appointment to bidding packages to elaborate national-level planning, regional planning, and provincial planning without selecting a contractor. The appointment of contractors is done under the law on bidding, the contractor selected by the form of contractor appointment must satisfy the requirements on capacity, experience, ensure progress, quality, efficiency, and fight against negativity, corruption, and waste under the law. In case the form of contractor appointment is not applied or the contractor cannot be selected, the person competent to decide on another form of contractor selection for contractor selection shall comply with the law on bidding.
dd) Permit the use of capital for recurrent expenditure under the law on the state budget for elaboration, appraisal, approval, publication of urban planning, rural planning, planning of a technical and specialized nature which has not been allocated capital, and the adjusted plannings at Points a and b, Clause 1, Article 2 of this Resolution. To be allowed to mobilize and use socialized capital sources, to ensure compliance with regulations on formulation, appraisal, approval, announcement and adjustment of plannings of the Planning Law.
e) The content of the national master plan determines the distribution orientation and spatial organization of socio-economic activities; orientations on defense, security and environmental protection of national and international importance and strategic inter-regional nature in the territory, including the mainland, islands, archipelagos, sea areas, sky. Point n, Clause 2, Article 22 of the Law on Planning has not yet been implemented on the list of important national projects and the order of priority for implementation.
g) The adjustment of national planning, regional planning, and provincial planning for the period 2021 – 2030 in case the lower planning is approved in advance but has contents not suitable with the higher planning => not establish planning tasks and reduce some procedures for planning adjustment.
h) Assign the Government to study regulations on responsibilities and authority of planning agencies making, appraising and approving planning to ensure independence, based on increasing responsibilities at all levels, shortening administrative procedures, without causing trouble and incurring costs, under the provisions of the Law on Government Organization and the Law on Organization of Local Government.
i) Assign the Government to assess the impact of the abolition of development investment plannings specific goods, services, and products to determine the volume and quantity of goods, services, and products produced, and consumed as prescribed at Point d Clause 1 Article 59 of the Law on Planning; research and restore necessary and strategic product plans, ensuring that they are not contrary to international commitments that Vietnam has signed.

Resolution 64/NQ-CP takes effect from May 6, 2022.

* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!

From April 1, 2022, Circular 05/2022/TT-BTC of the Ministry of Finance officially takes effect (“Circular 05”), the content of Circular 05 is the guidance: (1) Restructuring enterprises that are not eligible for equitization and; (2) Transferring lots of shares with receivables of enterprises in which 100% charter capital is held by the State and has the function of buying, selling and handling debts issued by the Minister of Finance.

According to Circular 05, the Enterprise restructuring process to transform into a joint-stock company includes the following basic steps:

1. Formulate restructuring plan: Implement a restructuring plan, transforming state-owned enterprises into joint-stock companies; Complete the restructuring plan and submit it to the owner’s representative agency for approval.

2. Organize the implementation of the restructuring plan.

3. Complete the transformation of the enterprise into a joint-stock company: Hold the first General Meeting of Shareholders and register the enterprise; Organize the settlement and handover between the restructured enterprise and the joint-stock company. Handling unsold shares.

Circular 05 takes effect from April 1, 2022. Replace Circular 69/2018/TT-BTC and Circular 50/2019/TT-BTC.

* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!

On April 1, 2022, Circular 02/2022/TT-BKHDT issued by the Ministry of Planning and Investment officially took effect (“Circular 02“), Circular 02 guides the supervision and assessment of foreign investment activities in Vietnam

The following are the main contents of Circular 02:

1. Regarding supervision of foreign investment activities in Vietnam: Mainly in monitoring activities, specifically:
* The Investment Registration Agency monitors the following contents:
a) The investor’s implementation of the reporting regime;
b) Summarize the project implementation situation;
c) Summarize the exploitation and operation of the project;
d) Summarize the implementation of requirements on environmental protection, land use, and use of mineral resources of the project;
d) The handling and observance of handling measures by investors and economic organizations;
e) Report and propose plans to handle difficulties, problems, and issues beyond their competence.
* The State Management Agency in charge of investment shall monitor the following contents:
a) The implementation of the reporting regime by the investment registration agency;
b) The observance of handling measures by the investment registration agency;
c) The contents of the monitoring regulations of the Investment Registration Authority above.
** How to conduct follow-up: Regular, thematic.

2. Regarding the assessment of foreign investment activities in Vietnam: Including closing assessment, impact assessment, and unexpected assessment (details are specified in Articles 20, 21, and 22 of Circular 02, interested readers can read more, so you can refer to it for more details).

Circular 02 takes effect on April 1, 2022, and replaces Circular 09/2016/TT-BKHDT dated June 30, 2016.

* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

Hope the above information is helpful to The Esteemed Readers.
Bizlawyer is pleased to accompany The Esteemed Readers!

On March 28, 2022, the Prime Minister issued Decision No. 08/2022/QD-TTG, in which regulations on the implementation of policies to support rent for employees returning to the labor market. As follows:

1. Objects of support: Employees who are working in enterprises, cooperatives, business households with business registration in industrial parks, export processing zones, or key economic areas.
Conditions of support: Employees in the above categories are supported when they fully meet the following conditions:
– Renting, and lodging in the period from April 1, 2022, to June 30, 2022.
– Have an indefinite-term labor contract or a definite-term labor contract of 01 month or more signed and performed between April 1, 2022, and June 30, 2022 (except for the labor contract concluded in the continuation of the labor contract signed and performed previously).
– Being participating in compulsory social insurance (named on the list of participating in compulsory social insurance of the social insurance agency) in the month immediately preceding the time the employer prepares the list of proposed employees offering rent assistance.
– In case: (i) the employee is not subject to compulsory social insurance (as prescribed in Clause 4, Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015, of the Government); (ii) newly recruited employees who have entered into a labor contract but are not on the list of compulsory social insurance participation of the social insurance agency: they must be on the employer’s salary list of the month preceding the time the employer makes a list of employees requesting rent support.

2. Support level: 1,000,000 VND/person/month.

3. Support period: Up to 03 months.

4. Payment method: Monthly

5. Dossier to request support:
– List of employees who request rent support certified by the social insurance agency (made according to the form).
– A copy of the salary list of the month immediately preceding the time the enterprise makes a list of employees requesting housing rent support (In case there are employees on the list who are not subject to the compulsory social insurance participation; newly recruited employees who have entered into labor contracts but are not on the list of compulsory social insurance participation by the social insurance agency).

This Decision takes effect from March 28, 2022.