Chủ Nhật, 13 tháng 11, 2016

New Guidelines on the Time of Submission of C/O

The Ministry of Finance has issued Official Letter 12802/BTC-TCHQ provides for the time of submission of the Certificates of Origin (C/O).
Accordingly, the time of submission of the C/O forms (except C/O with VK form) is as follows:
– For paper customs declaration form, the original C/O must be submitted at the time of registration of customs declaration.

– For electronic customs declaration form, the original C/O must submitted at the time of submission of customs declaration.
The customs authorities only consider the C/O additional filling suggestion in the following cases:
– At the time of registration of the customs declaration, with the HS code declaration, the MFN tax rate is lower than or equal to the special preferential tax but after customs clearance, identifying that the MFN tax rate is higher than the special preferential tax rate;
– At the time of registration of customs declaration, goods that are subject to investment incentives are exempt from import tax but after the customs clearance, identifying that goods are not subject to investment incentives.
Official Letter 12802/BTC-TCHQ is issued in September 14th 2016.
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Thứ Ba, 8 tháng 11, 2016

Decree 125/2016/ND-CP: Preferential Import Tariff for Goods from Japan

Decree 125 stipulated the Vietnam’s preferential import tariff in particular to implement the Vietnam – Japan agreement on economic partnership in the period 2016 -2019 and the conditions for enjoying this preferential import tariff under this agreement. The Decree is issued by the Vietnam Government.
Issued together with this Decree is a long list of goods and commodities with specific tax rates.

Decree 125 includes 7 specific provisions: the scope of regulation, subjects of application, the preferential import tariff tables, conditions for applying the preferential import tariff, goods from the duty free area of Vietnam, validity and responsible for implementation.
Decree 125 comes into effect from September 1st 2016. Along with this issuance is the abolition of Circular 25/2015/TT-BTC dated February 14th 2015 issued the preferential import tariff tables of Vietnam in particular to implement the agreement between Vietnam and Japan on economic partnership in the period 2015 – 2019.
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Thứ Hai, 7 tháng 11, 2016

Decree 129/2016/ND-CP on ATIGA Preferential Import Tariff for ASEAN goods

The Government has issued Decree 129/2016/ND-CP on preferential import tariff of Vietnam in particular to implement the ASEAN Trade in Goods Agreement (ATIGA) in the period 2016 – 2018.

This Decree prescribed the preferential import tariff of Vietnam to implement the ATIGA period 2016 – 2018 and the conditions for enjoying the preferential import tariff under this Decree.
Issued together with this Decree is the preferential import tariff of Vietnam in particular to implement the ATIGA Agreement in the period 2016 – 2018 (often referred to as ATIGA tax).
Imported goods are applied the ATIGA tax when satisfying the following conditions:
  1. Included in the preferential import tariff attaching to this Decree.
  2. Being imported into Vietnam from countries that are members of the ASEAN Trade in Goods Agreement, including: Brunei Darussalam; Kingdom of Cambodia; Republic of Indonesia; People’s Democratic Republic of Laos; Malaysia; Federal Republic of Myanmar; Republic of the Philippines; Republic of Singapore, Singapore; Kingdom of Thailand; Socialist Republic of Vietnam (goods in duty free area importing to the domestic market).
  3. Being shipped directly from the exporting country to Vietnam.
  4. Satisfy the regulations on goods origin in the ATIGA, have certificates of goods origin (C/O) – form D, prescribed by the Ministry of Industry and Trade.
ANT Lawyers is a reputable law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

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Chủ Nhật, 6 tháng 11, 2016

License to Organize International Conference for Business


The organizing of international conference or conference without international element must be approved by the competent state authority in accordance with law. The reason is that the conferences have to be managed by the authorities competent in terms of the contents of the conference, ensuring that no policies and laws are violated.
In this article the author would like to introduce the order and procedures for organizing international conference in Vietnam under the provisions of the current law of Vietnam.
International conference is a meeting activity with foreign element that is held in the form of a direct meeting on the territory of Vietnam, or held in the online form with at least one bridgehead is within the territorial of Vietnam. It includes:
– Conferences organized by Vietnam agencies and organizations with the foreign participation or sponsorship;
– Conferences organized by foreign agencies and organizations.
Under the provisions of the law of Vietnam, the competent authority that permit the organization of international conference is Prime Minister for the high-level international conference with participants are heads, officials, ministers or equivalent positions of countries, territories and international organizations; international conference with contents related to politics, security, defense, ethnic, religion, human right, border or within the range of state secrets. The heads of the central and local authorities have right to decide on the organization of international conferences that are not under the above cases and in accordance with the powers and responsibilities of their management.
In order to get the license to organize international conference, organizations have to follow the following procedures:
– Get written opinion of the management authority. The management authority has the responsibility to respond in writing within a period not exceeding 15 days from the date of receipt of the request.
– Have the report together with organizational scheme and submit to the heads of the competent authority for approval. The time limit for submission is at least 20 days before the expected organizing day. The scheme must specify:
+ The reason, name of organization, purpose of the conference;
+ Time and venue for conference organization; attractions, surveys (if any);
+ Form and technology of the conference organization (in the case of organizing online conference);
+ Contents, work programs and activities on the sidelines of conference;
+ Participants in the organization of conference: the Vietnam authorities, the foreign agencies, funding agencies (if any);
+ Participants: number and structure of participants, including Vietnam and foreign delegates;
+ Funds;
+ Written opinion of the concerned agencies and localities (if any).
– Conducting conference in accordance with programs and schemes that have been approved by the competent authorities; complying with the current regulations on spending and the financial settlement.
– Send a report summarizing the results of conference for heads of the competent authority that has approved the conference organization within 15 days after the end of the conference.
Finally, it is clear that Vietnam law has fairly tight regulations on the procedure to organize international conference, aimed at eliminating the spreading of unhealthy information, opposing the policy of the state, creating healthy media and culture environment.
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Thứ Năm, 3 tháng 11, 2016

Decree 126/2016/ND-CP on Preferential Import Tariff to Implement ASEAN – India Free Trade Area


According to the Decree, the import of goods under the special preferential import tariff; Imported into Vietnam from member countries of the ASEAN – India Free Trade Area such as Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, India, Vietnam (with goods from duty free area importing to the domestic market); Transported directly from the exporting country mentioned above and meet the regulations on the origin of goods in the ASEAN – India Free Trade Area, have certificate of goods origin according to “AI form” prescribed by the Ministry of Industry and Trade will be entitled to the special preferential import tariff.
In particular, the tax rate of 0% will be applying since 2016 – 2018 with thoroughbred live animals for breeding purpose; plant originated fertilizer; banknotes (paper currency), legal but have not been put into circulation; shearing wool; cotton fiber; hemp, as raw material or soaked; refined copper and copper alloys, unworked; scrap and lead; filling machine, closing, capping, sealing or labeling bottles, cans, boxes, bags or other containers; capsuling machine for bottles, jars, tubes and similar containers; aerating beverages machine; automatic machines for the transport, keep and preserve of clamp printed circuit boards, printed wiring boards or printed assembled circuit assembly; compactor; bulldozer…
Decree 126 takes effect from September 1st 2016.
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Thứ Tư, 2 tháng 11, 2016

Decision 36/2016/QD-TTg Regulates the Tax Rate for Imported Goods


Decision No. 36/2016/QD-TTg dated September 1st 2016 of the Prime Minister prescribed the normal tax rate for imported goods at Point c, Clause 3, Article 5 of the Law on export and import tax.
Accordingly, the import duty of 5% will be applied to many items, such as: Smart cards; Telephone answering machines; Cell phone for cellular mobile network or other wireless networks; Vacuum cleaner; Uninterruptible power supply (UPS); Automatic payment machine; Electronic computer that can operate without external power source and recorder, reproducing and displaying data, pocket-size with calculator function; Dry washing machines; Flat iron; Offset/Roll printing machine; Printer – photocopy machine, print using inkjet/laser technology…
For imported goods that are not included in the above list of normal import tariff and not in the case of imported goods that are enjoying preferential tax rates or special preferential tax rate under Point a and b, Article 5 of the Law on export and import tax, then may be subject to the ordinary tax rate equal to 150% of the preferential import tariff of each corresponding items in Annex II of Decree No. 122/2016 /ND-CP on September 1st 2016.
The Decision takes effect from September 1st 2016.
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