Amending and supplementing five Decrees on investment and business requirements.

Amending and supplementing five Decrees on investment and business requirements.

On September 17, 2018, the Government issued the Decree No. 123/2018/ND-CP that amends and supplements certain Decrees on agricultural investment and business requirements. Under this Decree, the amendments and supplements are prescribed as follows:

– Amending and supplementing certain Articles of the Decree No. 66/2016/ND-CP dated July 1, 2016 regarding:

+ Licensing requirements for manufacturing and trading of plant protection products;

+ Eligibility requirements for granting licenses to organizations specializing in handling articles subject to plant quarantine;

+ Eligibility requirements for granting licenses to organizations specializing in testing of plant protection products.

– Amending, supplementing and repealing certain Articles of the Decree No. 35/2016/ND-CP dated May 15, 2016 elaborating on certain Articles of the Law on Veterinary Medicine.

– Amending, supplementing and repealing certain Articles of the Decree No. 39/2017/ND-CP dated April 4, 2017 regarding management of animal and aqua feeds.

– Amending and repealing certain Articles of the Decree No. 69/2010/ND-CP dated June 21, 2010 regarding biosafety for genetically modified organisms, DNA samples and products of genetically modified organisms.

– Amending and supplementing clause 1 Article 12 of the Decree No. 181/2013/ND-CP dated November 14, 2013 elaborating on implementation of certain Articles of the Law on Advertising.

The Decree No. 123/2018/ND-CP enters into force from the signature date.

Simplified procedures for importing scrap materials as production materials.

Simplified procedures for importing scrap materials as production materials.

This is highlighted in Circular 03/2018 / TT-BTNMT dated 14/8/2018 on the amendment and abolishment of procedures related to specialized inspection under MONRE’s management functions. Accordingly, the Circular No. 41/2015 / TT-BTNMT on amendment of and addition to Circular No. 41/2015 / TT-BTNMT on the procedures for the issuance of a certificate of eligibility for environmental protection in importing discarded materials for production. Specifically:

  • In the composition of the dossier of request for certification, only one (01) report on conditions for environmental protection in the import of discarded materials shall be required instead of 07 as prescribed by the current regulations;
  • No longer require a business registration certificate or enterprise registration certificate; Certificate of tax code registration in the dossier;
  • Individuals who are allowed to import scrap materials may submit a dossier on the National Portal.

Also, increase the validity of the Qualification Certificate from 02 years to 03 years from the date of issue. Circular 03/2018 / TT-BTNMT is effective from 01/10/2018.

Deleting one part of Circular 219/2013 / TT-BTC on VAT.

Deleting one part of Circular 219/2013 / TT-BTC on VAT.

This is the main content in Circular 82/2018 / TT-BTC issued by Ministry of Finance on 30/8/2018. Accordingly, the content of Example specified in Clause a.4, Clause 10, Article 7 of Circular No. 219/2013 / TT-BTC on the VAT calculation price of December 31, 2013, is hereby annulled as follows.

Example: In August 2013, Company A transferred 200 m2 of land of individual B in Binh An residential area of ​​X with the transfer price of 6 billion VND. Company A has a notarized land use right transfer contract in accordance with the provisions of the land law, payment voucher for individual B of  6 billion VND. Company A does not invest in this land.

In October 2014, Company A transferred the parcel of land purchased from individual B for 9 billion VND (sold at the price of 9 billion VND). Company A made a VAT invoice and declared and paid VAT. The land price to be subtracted from the VAT calculation price is the land price at the time of transfer (6 billion VND).

Other contents specified at Point a.4, Clause 10, Article 7 of Circular No. 219/2013 / TT-BTC dated December 31, 2013 of the Ministry of Finance shall continue to be implemented. Circular No. 82/2018 / TT-BTC takes effect from October 15, 2018.

Credit policy for agricultural and rural development.

Credit policy for agricultural and rural development.

This is a prominent feature of Decree No. 116/2018 / ND-CP amending and supplementing a number of articles of Decree 55/2015 / ND-CP on credit policies for agricultural and rural development. Accordingly, the subject named bank loan contract of business household is regulated as follows:

  • Because business households do not have legal status when they participate in loan transactions, therefore, members of business households are involved in setting up and executing loan transactions;
  • Members may authorize their representatives to establish and implement this loan transaction; the authorization must be made in writing, unless otherwise agreed;
  • When there is a change of representative, it must inform the party participating in the loan relations.

Where a member of a household business is not authorized by another member to act as a representative, such member shall be the subject of the loan relationship established and implemented by such member. Decree 55/2015 / ND-CP is effective from 25/10/2018.

Adjusting tax policies in favor of businesses.

Adjusting tax policies in favor of businesses.

This is highlighted in Directive 25 / CT-TTg on a number of tasks and solutions for production development and export promotion. Accordingly, the Prime Minister instructs concerned ministries and branches to conduct the review, review and study of orientations. Reduced time to review VAT returns to help reduce costs for businesses;

  • To amend Decree No. 134/2016 / ND-CP in the direction of import tax exemption for raw materials imported for the production of export goods which are sent by the manufacturing establishments to other establishments;
  • Income tax incentives for forest product processing enterprises in areas with difficult socio-economic conditions;
  • To abolish the regulations on inspection of norms of a number of active substances in the polluted norms in wastewater of aquatic product-processing enterprises;
  • To apply the reduced inspection regime and shorten the deposit time for the import of discarded materials in service of production;
  • To allow the import of used woodworking machinery and equipment which have been used for many years but still have high use value.

Directive 25 / CT-TTg is effective from 31/8/2018.