法律解答 - Bizlawyer

Measures to support credit institutions to provide loans for agricultural and rural development

回答

On May 29, 2018, the State Bank issued Circular No.14/2018/TT-NHNN guiding the implementation of several measures of the monetary policy management in order to support the credit institutions, the foreign bank branches to provide loans for agricultural and rural development. This Circular took effect since July 13, 2018.
Accordingly, Circular No.14/2018/TT-NHNN stipulates measures to support credit institutions to provide loans for agricultural and rural development as follows:
1. Credit institutions that provide loans for agricultural and rural development will receive refinancing support in line with applicable regulations on refinancing credit institutions.
2. Those credit institutions will receive support in terms of reserve requirement ratios, particularly:
– Lower reserve requirement ratios applied to the deposits in Vietnamdong as compared to the reserve requirements regulated by the State Bank in relation to each category of credit institutions in different periods:
– For credit institutions with the average credit ratios for agricultural and rural areas of 40% or higher, but without the need to apply the reserve requirement ratio support, the regulations of reserve requirements in this Circular should not apply.
With clear and specific regulations, Circular No.14/2018 / TT-NHNN has created favorable conditions for credit institutions to well implement the policies of the Party and the State, thereby supporting the development of agriculture, ensuring the livelihood of farmers.

Standards of internal auditors working at the bank

回答

On May 18, 2018, the State Bank of Vietnam issued Circular No.13/2018/TT-NHNN regulating on the internal control system of commercial banks and branches of foreign banks. This Circular took effect since January 1, 2019.

Accordingly, Circular No.13/2018/TT-NHNN regulates the standards for internal auditors working at the bank as follows:

Standards of internal auditors working at commercial bank:

– Having university or higher degree in economics, business administration, law, accounting, auditing; having a university or higher degree in information technology or specialized majors suitable to technology auditors;

– Having worked directly in the banking, finance, accounting, auditing sector for at least 2 years for internal auditors and 03 years for Chief internal auditors; having at least 2 years working experience in the information technology field for technology auditors.

Standards of internal auditors working at branch of foreign bank shall comply with regulations of parent bank.

Therefore, it can be seen that Circular No.13/2018/TT-NHNN plays an important role in improving the quality of internal audit and risk management in financial institutions, thus ensuring credit security and reduce risks for individuals and organizations when using banking services.

Measures to support for small and medium-sized enterprises in the transport sector

回答

On May 28, 2018, the Ministry of Transport issued Official Dispatch No.5559/BGTVT-QLDN reporting on the status of disclosure information to support small and medium-sized enterprises under the Law on support for small and medium-sized enterprises. This Official Letter takes effect from the date of its promulgation.

Accordingly, Official Dispatch No.5559/BGTVT-QLDN provides measures to support for small and medium-sized enterprises in the transportation sector as follows:

The Information Technology Center of the Ministry of Transport shall have the responsibility to guide agencies and units in providing information and receiving information on support for small and medium-sized enterprises, setting up a separate category on supporting information for small and medium-sized enterprises to publicize relevant information on the Portal of the Ministry of Transport.
Dependent units of the Ministry shall have to review and gather information on plans, programs, projects and activities to support for small and medium-sized enterprises, including information such as business instructions, information on credit, markets, products, technology, business incubation and other information according to the needs of the enterprises.

Through the Official Dispatch No.5559/BGTVT-QLDN, the Ministry of Transport has expressed interest in small and medium-sized enterprises, allowing them to have access to a wide range of information resources in the transportation sector to quickly grasp opportunities for business development and expansion.

Regulations on implementation of tax policy at the Customs Department

回答

On May 16, 2018, the General Customs Department issued Official Dispatch No.2687/TCHQ-TXNK regulating on implementation of tax policy at the Customs Department. The Official Dispatch took effect from the date of its promulgation.

Accordingly, Official Dispatch No.2687/TCHQ-TXNK stipulates some main contents as follows:

Regarding the tax exemption for import and export goods: To inspect and review tax-free import declarations at Customs Sub-departments for analysis and identification of suspicious signs and risks in cases subject to notification of the list of tax exemption with the Customs office before importing goods. To review the cases of incorrect declaration on tax-free codes to guide the enterprises to make declaration strictly according to regulations.
Regarding tax refund and non-collection: To strictly comply with the provisions on classification of refund dossiers according to the provisions of law on tax administration and the tax refund process promulgated together with Decision No.1780/QD-TCHQ dated June 17, 2016 of the General Customs Department and guiding documents on amendments and supplements.
Regarding environmental protection tax: To conduct a review of all items subject to environmental protection tax, especially petrol and oil sourced from petroleum fossils according to the provisions of law.
Regarding the value added tax: To examine and review the application of the value added tax policy to imported goods, especially the goods items declared on the import declaration forms which are not subject to value added tax or value added tax rate of 5%.

As such, it can be seen that Official Dispatch No.2687/TCHQ-TXNK has issued specific guidelines to overcome remaining difficulties, improve the effectiveness of tax policy implementation and tax administration.

Regulations on the management of petroleum business issued by the Ministry of Industry and Trade

回答

On May 23, 2018, the Ministry of Industry and Trade issued Official Dispatch No.4057/BCT-TTTN regulating the petroleum business management. The Official Dispatch took effect from the date of its promulgation.

Accordingly, Dispatch No.4057/BCT-TTTN stipulates:

Announcement of basic price of common petrol products to be sold on the market:

– E5 RON 92 petrol: 21,365 VND/liter;

– RON 95 III petrol: 22,342 VND/liter;

– 0.05S diesel oil: 17,994 VND/liter;

– Paraffin: 16,640 VND/liter;

– 180CST 3.5S Mazut: 14,637 VND/kg.

To keep the level of deduction for the petrol and oil price stabilization fund for current petrol and oil items; payment of petrol and oil price stabilization charges for petrol and oil items:

– E5 RON 92 petrol: 1,425 VND/liter;

– RON 95 III petrol: 831 VND/liter;

– 0.05S diesel oil: 300 VND/liter;

– Paraffin: 200 VND/liter;

– 180CST 3.5S Mazut: 200 VND/kg.

After setting aside and spending the petrol price stabilization fund as mentioned above, the price of common petrol products to be sold on the market shall no more than:

– E5 RON 92 petrol: not higher than 19,940 VND/liter;

– RON 95 III petrol: not higher than 21,511 VND/liter;

– 0.05S diesel oil: not higher than 17,694 VND/liter;

– Paraffin: not higher than 16,440 VND/liter;

– 180CST 3.5S Mazut: not higher than 14,437 VND/kg.

Through the regulations on petrol prices in Official Dispatch No.4057/BCT-TTTN, it can be seen that the Ministry of Industry and Trade has made flexible adjustments and consistent with the evolution of prices of petroleum products on the world market in recent times.

Reduce and simplify the list of goods, products and simplify administrative procedures in the area of natural resources and environment

回答

On May 18, 2018, the Ministry of Natural Resources and Environment issued Decision No.1588/QD-BTNMT announcing plans to reduce the list of goods and products and simplify administrative procedures related to the specialized inspection under the Ministry of Natural Resources and Environment’s management scope. The Decision took effect from the date of its promulgation.

Accordingly, the Ministry of Natural Resources and Environment announces plans for goods and products to be reduced and procedures to be abolished as follows:

Announced plans to reduce 38 goods and products (out of total 74 goods and products) subject to specialized inspection in the field of natural resources and environment, reaching 51.3%.
Announce plans to abolish and simplify 13 administrative procedures (out of total 13 administrative procedures) related to specialized inspection in the field of natural resources and environment, reaching 100%.
Request the Legal Department in the process of drafting legal documents on the above-mentioned contents, it is necessary to continue studying and receiving opinions of citizens and enterprises and may broaden the scope, object of reduction, simplification as compared with the announced plan; ensuring the implementation of the plans to reduce the list of goods, products and simplify administrative procedures be substantial, facilitating and not creating regulations that make difficult for people and enterprises.

Decision No.1588/QD-BTNMT is expected to contribute in minimizing the cumbersome procedures, strengthen administrative procedures reform, create favorable conditions for enterprises doing business in the fields of natural resource and environment development, thereby boosting the development of the national economy.

Application of information technology in administrative procedures

回答

On April 23, 2018, the Government issued Decree No.61/2018/ND-CP regulating the implementation of the “one-stop” mechanism and the inter-agency one-stop mechanism in administrative procedures. The Decree took effect since June 21, 2018.

Accordingly, Decree No.61/2018/ND-CP regulates the principle of information technology application in administrative procedures as follows:

Ensure uniformity, efficiency and synchronism, avoiding overlapping and wastefulness in investment and construction of information technology infrastructure from the central to grassroots levels.
Ensure compliance with Vietnam e-Government Architecture Framework; national technical specifications for the identification and data packet format for connection of document management systems; national technical standards on the structure of citizen data messages exchanged with the national database on population.
Ensure the capability of connecting and sharing information between information systems of state agencies; the ability to receive, connect and share information between agencies competent to handle administrative procedures with organizations and individuals want to carry out administrative procedures through electronic means, media, social network authorized by the authority.
Comply with the law on investment, construction, information technology, clerical, archiving, security and information safety and other relevant law provisions.

It can be seen that Decree No.61/2018/ND-CP specifically regulates the application of information technology in handling administrative procedures through “one-stop” mechanism and the inter-agency one-stop mechanism, thereby speeding up the handling of administrative procedures of state agencies, contributing to construct E-government.

Objects subject to customs procedures, subject to customs inspection and supervision

回答

On April 20, 2018, the Government issued Decree No.59/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No.08/2015/ND-CP dated January 21, 2015 detailing regulations and measures for the implementation of the Customs Law on customs procedures, inspection, supervision and control. The Decree took effect since June 5, 2018.

Accordingly, Decree No.59/2018/ND-CP stipulates the objects subject to customs procedures, subject to customs inspection and supervision as follows:

Objects subject to customs procedures:

– Goods exported, imported or in transit; cash in foreign currencies, cash in Vietnamdong, tranfering instruments, gold, precious metals, precious stones, cultural products, relics, antiques, treasures, postal matters and parcels for export or import; luggage of people on exit or entry; other articles of export, import or transit, within the geographical area of operation of the customs office;

– Means of road, rail, air, sea, inland waterway and riverway transport on exit, entry or in transit;

Objects subject to customs inspection:

– Objects subject to customs procedures;

– Supplies on means of transport on exit, entry or transit;

– Customs dossiers and vouchers related to the objects subject to customs procedures;

Objects subject to customs supervision:

– Objects subject to customs procedures;

– Supplies on means of transport on exit, entry or transit;

– Goods and means of transport within the geographical area of operation of the customs office; goods being machinery, equipment, raw materials and supplies imported for processing or production of export goods being stored at production establishments of organizations or individuals;

– Goods subject to specialized inspection shall be placed on pending preservation;

– Goods subject to customs supervision.

It can be seen that, Decree No.59/2018/ND-CP has specifically regulated groups of objects subject to customs procedures, subject to customs inspection and supervision, thereby helping the authorities to clearly define the objects under the scope of inspection and supervision.

Strengthening the implementation of the Law on Cooperatives in 2012

回答

On May 22, 2018, the Prime Minister issued Directive No.12/CT-TTg on strengthening the implementation of the Law on Cooperatives in 2012. The Directive took effect from the date of its promulgation.

Accordingly, Directive No.12/CT-TTg clarifies the following tasks and solutions so that the Law on Cooperatives can be effectively implemented and actually bring into full effect in practice as follows:

Intensify the dissemination and training of cooperative legislation; develop appropriate content and propaganda methods to each object to achieve practicality and efficiency.
To continue perfecting the system of legal documents on cooperatives; to monitor, urge and inspect the implementation of the provisions of the Law on Cooperatives;
To carry out cooperative schemes and programs;
To direct and implement the model of cooperatives and review the model of cooperatives operating effectively, linking production and consumption in order to environmental protection products and raising incomes for members. .
To enhance the efficiency of state management and international cooperation in collective and cooperative economy, closely linked to the leadership and direction of the party committees and local administrations in cooperative development.
To strengthen the inspection, examination and supervision of the implementation of the Law on Cooperatives; to intensify the training and fostering to raise the overall quality of officials and members of cooperatives, in association with the scheme on vocational training for rural areas in the direction of creating professional managers for cooperatives.

As such, it can be seen that Directive No.12/CT-TTg provides effective tasks and measures so that the Law on Cooperatives can be effectively implemented and actually bring into full effect, thereby ensuring and promoting production and business activities in the form of cooperatives.

Criteria, competence, order and procedures for recognition of high-tech agricultural enterprises

回答

On April 19, 2018, the Prime Minister issued Decision No.19/2018/QD-TTg regulating the criteria, competence, order and procedures for recognition of high-tech agricultural enterprises. The Decision took effect since June 05, 2018.

Accordingly, Decision No.19/2018/QD-TTg sets criteria for determining high-tech agricultural enterprises as follows:

Apply high technology on the List of high technologies shall be prioritized for development investment in the production of agricultural products.
Produce agricultural products of high quality, yield, value and efficiency; turnover from high-tech agricultural products shall account for at least 60% of the total net turnover.
Have researches and experiments on high-tech application, technology transfer for the production of agricultural products, total expenditures for research and development activities conducted in Vietnam on the total net turnover of goods at least 0.5%; number of employees with professional qualifications from university or higher directly conducting research and development on the total number of employees of the enterprise is at least 2.5%.
Apply environmentally-friendly and energy-saving measures in the production and quality control of agricultural products up to Vietnamese standards or technical regulations or international standards.

With detailed and specific regulations, Decision No.19/2018/QD-TTg plays an important role in setting specific criteria for recognition of high-tech agricultural enterprises, providing a base that the State promulgating appropriate forms of encouragement and support.