Category: Law Documents

Recently, the General Department of Customs issued Official Letter 6644 / TCHQ-GSQL on guiding the management of scrap imported from abroad into Vietnam. Accordingly, discarded materials imported from abroad into the Vietnamese territory shall be allowed to be unloaded from the transport means only when they fully satisfy the following conditions:

• The consignee on the manifest (E-Manifest) must have a valid certificate of environmental protection eligibility in the import of scrap (valid certificate of import of scraps) still valid.
• The recipient of the goods on the E-Manifest must have a written confirmation of the escrow deposited as required in the E-Manifest.
• The quantity of scrap to be discharged into the port must not exceed the quantity of scrap left imported on the written certification of import of discarded materials.

For more details see Official Letter 6644 / TCHQ-GSQL dated 13/11/2018.

Nam Dinh Center of Clean Agricultural Products is a place for local and foreign enterprises to share their experiences, associate production, enhance the value and competitiveness of products. Nearly 150 safe agricultural products are tagged with QR Code.

Each year, Nam Dinh produces about 950,000 tons of grain food; 400,000 tons of vegetables, roots and fruits; 200,000 tons of meat of all kinds; 140,000 tons of seafood … In which, many products are produced under the VietGAP process, published quality standards and clear traceability.

At the same time, memorandums of understanding on safe food and agricultural products consumption have been signed between provinces and cities in the North and enterprises together.

https://vtv.vn/kinh-te/day-manh-cung-cap-san-pham-nong-nghiep-sach-20181110185805279.htm

On 14/9/2018, the Ministry of Industry and Trade issued Circular No. 26/2018 / TT-BCT amending and supplementing Appendix IV of Circular 20/2014 / TT-BCT on the implementation of rules of origin in trade agreements. ASEAN – Korea Free Trade Agreement. Accordingly, C / O for special goods specified in Article 6, Appendix I to Circular 20 (special goods) is prescribed as follows:

– Issued by the C / O issuer of the exporting country in accordance with Annex V of Circular 20.

– The C / O issuer of the exporting Member State must clearly indicate on the C / O that the goods in question apply Article 6, Annex I of Circular 20.

– Unless otherwise stated, the relevant rules in Annex V issued with Circular 20 shall apply mutatis mutandis to special commodities to which Article 6 Annex I of Circular 20 applies. They are listed in a separate list attached hereto.

Circular 26/2018 / TT-BCT takes effect from 29/10/2018.

The General Department of Customs issued Official Letter No. 5914 / TCHQ-TXNK explaining difficulties related to import tax and customs procedures in Circular No. 39/2018 / TT-BTC dated 20 April, For example:

At Clause 49, Article 1:

– Obstacles: In cases where enterprises sell or sell domestically for goods being raw materials and supplies imported for production of export goods, the declarants must:

+ Electronic declaration form 04 Annex IIa Circular 39 or declaration under the customs declaration change of use?

+ When is the declaration time for each sale or domestic sale?

– Answer: Enterprises must declare new customs declaration, the time of declaration before domestic consumption as stipulated in Clause 12, Article 1 of Decree 59/2018 / ND-CP of the Government.

Clause 42 of Article 1:

– Obstacles: Circular 39 does not stipulate the tax policy in case of destruction of discarded materials collected in the process of production according to the type of production (including domestic enterprises and export processing enterprises).

– Answer: Pursuant to Clause 49, Article 1, Circular 39 and Article 3 of the 2008 VAT Law, waste and defective products shall not be declared for payment of import duty and VAT.

See more replies on debt cancellation and overpaid tax refund in Official Letter No. 5914 / TCHQ-TXNK dated 09/10/2018.

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.

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.