Headlines 05/06/2018 15:24 CH

Policies on Enterprises – Trade coming into force from the beginning of June

Hồng Phương

THƯ VIỆN PHÁP LUẬT introduces 04 policies on Enterprise – Trade – Finance which comes into force between June 01 and June 06, 2018.

1. Methods for trading commodities through commodity exchanges

This is a remarkable content prescribed in Decree No.51/2018/ND-CP which amends Decree No.158/2006/ND-CP providing guidelines for the commercial law with respect to trading in commodities through commodity exchanges.

According to the Decree, the process in which commodities shall be traded through commodity exchanges vary according to the types of commodities as follows:

- With regard to commodities on the List of goods subject to trading conditions or restricted from trade, commodity exchanges must register with competent authorities before listing them on the commodity exchanges.

- With regard to commodities not specified in the List of goods for business purpose subject to business conditions and limitation, commodity exchanges must send a documented notification to the Ministry of Industry and Trade prior to their listing.

More details regarding the documented notification of goods to be listed on commodity exchanges sent to the Ministry of Industry and Trade can be found in Decree No.51/2018/ND-CP which comes into force on June 01, 2016.

2. New regulations on customs value of exports

The Government promulgated Decree No.59/2018/ND-CP which amends Decree No.08/2015/ND-CP on April 20, 2018.

Below are new regulations on customs value of exported goods in the Decree:

Customs value of exported goods means the selling price of goods at the checkpoint of export, exclusive of international insurance and transportation costs, shall be determined in the following order:

- The selling price of goods at the checkpoint of export including the selling price written in the sales contract or commercial invoice and relevant costs;

- The selling price of comparable or similar exported goods launched on the database of customs value or Vietnamese market after being exchanged to the selling price of goods at the checkpoint of export at the latest time compared to the day on which the export declaration of the shipment being valuated is registered;

- The selling prices of exported goods collected, consolidated and categorized by customs office

More details can be found in Decree No.59/2018/ND-CP which comes into force on June 05, 2018.

3. Criteria for identifying high-tech agriculture enterprises

Decision No.19/2018/QD-TTg on criteria, power, orders and procedures related to the application of high technologies of employees working in agriculture enterprises will come into force on June 05, 2018.

According to the Decision, an agriculture enterprise will be identified as high-tech agriculture enterprise if it:

- applies high technologies on the list of high technologies giving priority to serve agricultural product production.

- creates high-quality and high-value, highly productive and effective agricultural products and the revenue from high-tech agriculture products accounts for at least 60% of total annual net revenue

- conducts researches or experiments on application of high technologies and technology transfer for production of agriculture products

- employs environmentally-friendly and energy saving methods in production and quality control of agriculture products in compliance with technical standards and regulations of Vietnam or international standards

4. Assistance in relocation of households whose property are transferred to local governments

This is a remarkable content prescribed in Circular No.37/2018/TT-BTC providing guidelines for re-allocation and management of property in accordance to regulations in Decree No.167/2017/ND-CP which comes into force on June 01, 2018.

According to the Circular, the head of the presiding authority must remove households and residents out of the premises of the property that has been transferred to the local government in order for them to be used properly.

If assistance in relocation is required, the presiding authority has to request the local organization responsible for land clearance and compensation to make a plan for compensation, assistance and relocation as regulated.

In addition, the Circular also specifies the source of funding intended for the assistance in relocation.

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