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VIETNAM LEGAL NEWS MAY, 2021

The following new legal documents were issued and took effect in May 2021:

  • Decree 53/2021/ND-CP Preferential export tariffs and special preferential import tariffs of Vietnam to implement the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom Great Britain and Northern Ireland 2021-2022
  • Decision 721/QD-TTG Approving the implementation plan of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA)
  • Decision 887/QD-BGTVT Promulgating the implementation plan to implement Decision No. 221/QD-TTG dated February 22, 2021, of the Prime Minister amending and supplementing Decision No. 200/QD-TTG dated 140/ February 2017 on approving the action plan to improve competitiveness and develop Vietnam's logistics services until 2025
  • Circular 35/TT-BTC stipulating financial management mechanism for implementation of a national program to support enterprises to improve productivity and quality of products and goods in the period of 2021-2030
  • Circular 36/TT-BTC Guiding a number of contents on state capital investment in enterprises and management and use of enterprise capital and assets specified in Decree No. 91/2015/ND-CP dated May 13 October 2015; Decree No. 32/2018/ND-CP dated March 8, 2018; Decree No. 121/2020/ND-CP dated October 9, 2020, and Decree No. 140/2020/ND-CP dated November 30, 2020, of the Government
  • Plan 128/KH-UBND on international integration of Hanoi city in the period of 2021 - 2025
  • Decision 632/QD-BKHDT On the fields, criteria, and regulations on recognition of consulting individuals and organizations in the consulting network to support small and medium-sized enterprises in planning and investment
  • Decree 2722/VBHN-BKHDT On investment in construction and business of golf courses

Here are the highlights of a number of new legal documents taking effect in May 2021:

*Decree Decree 53/2021/ND-CP detailing Vietnam's special preferential import and export tariff schedule to implement the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom. The United Kingdom and Northern Ireland (hereinafter referred to as the UKVFTA Agreement) for the period of 2021 - 2022 and the conditions for enjoying preferential export tax rates and special preferential import taxes under the UKVFTA Agreement.
Subjects of application
1. Taxpayers according to the provisions of the Law on Import Tax and Export Tax.

2. Customs offices and customs officers.

3. Organizations and individuals have rights and obligations related to imported and exported goods. Preferential Export Tariff, Vietnam's Special Preferential Import Tariff for the period of 2021 - 2022

* Decision 721/QD-TTG Approving the implementation plan of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA)
Decision 721/QD-TTG Approving the implementation plan of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA)
In order to achieve the above-mentioned goals, in the coming time, in addition to regular tasks and assigned tasks in Decision No. 1201/QD-TTG dated August 6, 2020, of the Prime Minister on approving the approval of the Prime Minister's Decision No. 1201/QD-TTG dated August 6, 2020, approved the Implementation Plan of the Free Trade Agreement between Vietnam and the European Union (EVFTA) (because the UKVFTA Agreement basically inherits the content of the EVFTA Agreement with necessary adjustments to ensure compliance with framework of bilateral trade between Vietnam and the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and Official Letter No. 6548/VPCP-QHQT dated August 10, 2020, of the Government Office on the attached Annex Decision No. 1201/QD-TTG, Ministries, ministerial-level agencies, Governmental agencies, People's Committees of provinces and centrally-run cities need to concretize and organize the implementation of tasks. Basic below:
1. Propaganda and dissemination of information about UKVFTA and the UK market
2. Law and institution-building work
3. Improve competitiveness and develop human resources
4. Policy on social security, environmental protection, and sustainable development

*Decision 887/QD-BGTVT Promulgating the implementation plan for the implementation of Decision No. 221/QD-TTG dated February 22, 2021, of the Prime Minister amending and supplementing Decision No. 200/QD-TTG dated 140 February 2017 on approving the action plan to improve competitiveness and develop logistics services in Vietnam until 2025

Deputy Minister Le Dinh Tho has just signed Decision No. 887/QD-BGTVT promulgating the Plan to implement the Prime Minister's Decision No. 221/QD-TTG dated February 22, 2021, amending and supplementing Decision No. 200/QD-TTG dated February 14, 2017, on the approval of the Action Plan to improve competitiveness and develop logistics services in Vietnam to 2025.
Accordingly, to promulgate together with this Decision the implementation plan for the implementation of the Prime Minister's Decision No. 221/QD-TTG dated February 22, 2021, amending and supplementing the Decision No. 200/QD-TTG dated February 14. February 2017 on approving the Action Plan to improve competitiveness and develop logistics services in Vietnam by 2025.

The plan is to continue focusing on striving to accomplish the goals set out in the Prime Minister's Decision No. 200/QD-TTG dated February 14, 2017, on approving the Action Plan to improve competitiveness. and development of Vietnam's logistics services until 2025 and the Prime Minister's Decision No. 221/QD-TTG dated February 22, 2021, amending and supplementing Decision No. 200/QD-TTG dated February 14, 2017, on the approval of the Action Plan to improve competitiveness and develop logistics services in Vietnam to 2025. At the same time, fully implement the assigned responsibilities for specialized inspection according to the provisions of Decree No. 85/2019/ND-CP dated November 14, 2019, of the Government, providing for the implementation of administrative procedures under the National Single Window, the ASEAN Single Window and specialized inspection for exported and imported goods. export.

* Circular 35/TT-BTC stipulating financial management mechanism for implementation of the national program to support enterprises to improve productivity and quality of products and goods in the period of 2021-2030
Amending and supplementing a number of articles of Circular No. 115/2017/TT-BTC dated October 25, 2017, of the Minister of Finance guiding the supervision of securities transactions on the stock market as follows:
1. Clause 11 Article 4 is amended as follows:
“11. At the request of the Ministry of Finance, the SSC shall report to the Ministry of Finance on the results of securities trading supervision.”
2. Clause 1, Article 13 is amended and supplemented as follows:
"first. Within the first 2 working days of the following week, the Stock Exchange is responsible for sending the SSC the weekly transaction monitoring report, including:
a) Trading order book, securities trading results during the day; periodical information during the trading day as prescribed in Clause 2, Article 33 of Circular No. 155/2015/TT-BTC dated October 6, 2015, of the Minister of Finance guiding the disclosure of information on the market securities (hereinafter referred to as Circular No. 155/2015/TT-BTC) according to the contents specified in Form No. 01, Appendix I attached to this Circular, except for information related to the open volume of each type. derivative securities (OI);
b) Results of weekly securities trading supervision, information on reporting the proportion of component stocks in the index basket to serve the work of synthesizing and evaluating market movements according to the content specified in Form No. 02 Appendix I to this Circular.”
3 . Issued together with this Circular Appendix I - Form No. 02 Weekly report, replacing Form No. 02 Appendix I issued together with Circular No. 115/2017/TT-BTC dated October 25, 2017, guiding supervision securities trading on the stock market.
4. Article 21 is amended and supplemented as follows:
“Article 21. Periodic monitoring reports
1. No later than 16:30 on the trading day, the SSC is responsible for sending the SSC information on the opening volume at the end of the day of derivative securities.
2. Within the first 10 working days of the following month, the SSC is responsible for sending monthly reports to the SSC including:
- Report on the handling of violations against BTBT (Form No. 06, Appendix II).
- Report on the support of clearing members who are insolvent (Form No. 07, Appendix II).
3. Periodic reports specified in this Article shall be sent as follows:
- Open volume information as specified in Clause 1 of this Article is sent in the form of an electronic data file.
- Periodic reports specified in Clause 2 of this Article are made in the form of documents and electronic data files (with electronic signature program applied).”
Article 2. Amending and supplementing a number of articles of Circular No. 116/2017/TT-BTC dated October 25, 2017, of the Minister of Finance guiding the compliance supervision of the State Securities Commission for with activities in the securities field of the Stock Exchange, the Vietnam Securities Depository as follows:
1. Article 10 is amended as follows:
“Article 10. Report of the SSC
At the request of the Ministry of Finance, the State Securities Commission shall report to the Ministry of Finance on the results of supervision of compliance with the contents mentioned in Chapters II and III of this Circular.”
2. Adding the line “other cases” to Table 4.2 on the handling of dossiers of transfer of ownership of securities outside the trading system of the Stock Exchange of Appendix II issued together with Circular No. 116/2017/TT -BTC.
3. Add column 9 "total number of unresolved dossiers in the reporting period" to table no. 4.3 on handling dossiers of exercise of rights in Appendix II issued together with Circular No. 116/2017/TT- BTC.

*Decree 2722/VBHN-BKHDT On investment in construction and business of golf courses
1. This Decree prescribes conditions for investment in construction and business of golf courses; State management over-investment in construction and business of golf courses.

2. This Decree applies to investors implementing investment projects on construction and business of golf courses; agencies, organizations, and individuals involved in construction investment and golf course business.

Regulations on conditions for investment in construction and business of golf courses

Golf course project implementation

State management responsibilities for investment, construction, and golf course business

* Circular 36/TT-BTC Guiding a number of contents on state capital investment in enterprises and management and use of capital and assets of enterprises specified in
1. This Circular guides a number of contents on state capital investment in enterprises and the management and use of capital and assets in enterprises specified in Decree No. 91/2015/ND-CP dated October 13. 2015; Decree No. 32/2018/ND-CP dated March 8, 2018; Decree No. 121/2020/ND-CP dated October 9, 2020, and Decree No. 140/2020/ND-CP dated November 30, 2020, of the Government.

2. This Circular applies to the subjects specified in Article 2 of Decree No. 91/2015/ND-CP and Clause 1, Article 2 of Decree No. 140/2020/ND-CP.
Adjustment of charter capital
a. Adjustment of charter capital in enterprises in which 100% of charter capital is held by the State
b. Adjustment of charter capital when adding state capital invested in joint-stock companies, limited liability companies with two or more members shall comply with the provisions of Clause 2, Article 12, Article 14, and Article 18 of the Decree. No. 91/2015/ND-CP; Clause 5, Article 1 of Decree No. 32/2018/ND-CP; Article 1 Decree No. 121/2020/ND-CP; Clauses 9 and 10, Article 2 of Decree No. 140/2020/ND-CP of the Government.

 Transfer of capital, right to buy shares, right to contribute investment capital of the State and enterprises in which 100% of charter capital is held by the State
Management of capital and assets at enterprises in which 100% of charter capital is held by the State
Managing capital of enterprises in which 100% charter capital is held by the State in joint-stock companies and limited liability companies
To inventory and process the results of an inventory of assets at enterprises in which 100% of charter capital is held by the State

* Plan 128/KH-UBND on international integration of Hanoi city in the period of 2021 - 2025
- Effectively implementing the guidelines in Directive No. 26/CT-TTG dated September 4, 2018, of the Prime Minister, in which proactive and active international integration, international economic integration is the main focus integration in other fields must facilitate economic integration and actively contribute to economic development, strengthen national defense, ensure national security, preserve and promote cultural identity, promote cultural and social development.

- Implement key tasks and solutions to continue expanding and improving the efficiency of international integration at the Program 02 CTR/TU dated March 17, 2021, of the City Party Committee.

- Continue to exploit advantages, overcome limitations and difficulties in order to take advantage of opportunities and minimize challenges and negative impacts in the process of international integration, striving to bring the capital's economy to rapid development and sustainability on par with capitals and major cities of developed countries in the region, promoting and enhancing the position of the capital.

-Accompany and support businesses in the process of integration and implementation of commitments on international economic integration, promptly listen to opinions and feedback of businesses on policy issues and problems in the international economic integration process. international economic integration and in the process of negotiating and implementing Free Trade Agreements (FTAs).

 

*Decision 632/QD-BKHDT On the fields, criteria, and regulations for the recognition of individuals and consulting organizations in the consulting network to support small and medium enterprises in the planning and investment industry
Regulations on a network of consultants to support small and medium-sized enterprises (SMEs) in the Planning and Investment sector (hereinafter referred to as the Consultant Network) in the following areas: (1) Consulting on the establishment and operating the business; (2) Consulting on corporate governance and development; (3) Consulting on digital transformation for businesses; (4) Consulting on investment; (5) Consulting on bidding; (6). Financial access advice.
The Enterprise Development Department is responsible for:

To act as the focal point of the Ministry of Planning and Investment to uniformly manage and operate the Consultant Network in accordance with the provisions of Circular No. 06/2019/TT-BKHĐT and the regulations issued together with this Decision.

Annually, the Enterprise Development Department reviews and evaluates the operation of the Consultant Network; publicly announce a list of individuals or consulting organizations that violate the law or advise SMEs to commit illegal acts or fail to perform at least 01 consulting contracts for SMEs within a period of time. 36 months from the date of publication on the Consultants Network.

For individuals, consulting organizations that violate the law, or advise SMEs to commit illegal acts, leading to enterprises or individuals, consulting organizations, or both being handled. In case of a criminal offense, such individual or organization shall not be considered for participation in the network of consultants for a period of 36 months from the date of expiry of the time limit for the handling of criminal liability.

Above, Doanh Tri Law Firm has brought to you the Vietnam Legal News May 2021. In case you have any questions, do not hesitate to contact us through the following forms:

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