Significant documents updated last week (Dec. 15- Dec. 21)

Decree 209/2013/NĐ-CP: More cases of VAT exemption

From January 01, 2014, there will be two more cases in which VAT is exempt:

- Projects for manufacture or trade of goods/services subject to VAT are transferred to other companies of cooperatives;
- Agriculture products, breeding products, and fishery products that have not been processed into other products or have undergone only raw treatment are sold to other companies or cooperatives (whether or not such products are bought externally).

Circular 190/2013/TT-BTC: Penalties for administrative customs offences

An interest of 0.05% per day shall be imposed on the fines for customs offences that are overdue.

A fine of 20% of the difference of tax will be imposed for overstatement of exported goods that are processed products, products made of imported raw materials, and re-exported goods, provided such difference is below 100 million VND.

If the difference exceeds 100 million VND but below the level liable to criminal prosecution, a fine of at least 100% of the difference of tax shall be imposed.

This Circular takes effect on January 26, 2014.

Dispatch 17557/BTC-TCT 2013: Application of deduction method to VAT calculation

A company may apply deduction method to VAT calculation in 2014 if:

+ Its revenue in 2013 is above 1 billion VND; or
+ Its revenue in 2013 is below 1 billion VND but the regulations on accounting and invoices are complied with, and the tax authority has been notified of the application of deduction method to VAT calculation in 2014.

Dispatch 7700/TCHQ-GSQL: Responses to queries concerning taxation and customs control

This Dispatch contains important guidance on the implementation of the Law on Tax administration 2012, Decree 83/2013/NĐ-CP and Circular 128/2013/TT-BTC.

Circular 33/2013/TT-BLĐTBXH: Guidance on local minimum wages.

If a locality is established from multiple localities where minimum wages are different, the highest among which shall apply.

If a company, industrial park or export-processing zone operates in multiple localities where minimum wages are different, the highest among which shall apply.

If the units or branches of a company (or sectors of an industrial park or export-processing zone) are scattered over the localities where minimum wages are different, the minimum wage of the locality in which the unit or branch is situated shall apply.

Circular 31/2013/TT-NHNN: Daily, monthly and quarterly reports of credit institutions.
This Circular specifies the tasks that need reporting every month and every quarter:

- Daily report: transaction time, transactions that are not settled within the day, solvency of associate banks, foreign currencies, etc.
- Monthly report: outstanding debt, types of interests, payment and fund, debt trading among credit institutions, etc.
- Quarterly report: bad debts, personal transfer of foreign currencies abroad, payment for export and import among bordering countries, foreign exchange, capital contribution, share purchase, etc.

In addition, the Circular also deals with other import contents such as: guidance on making report and statistical criteria, report forms, statistical codes, etc.

This Circular takes effect on December 01, 2014.

Circular 52/2013/TT-BGTVT: Management and maintenance of road traffic constructions

This Circular contains some significant information such as: the procedure for maintenance and use of road traffic constructions, management of road traffic constructions, maintenance of road traffic construction, etc.

This Circular takes effect on December 26, 2014.

Decision 2405/QĐ-TTg: List of communes suffering from extreme difficulties, bordering communes, and safe communes to be invested under Program 135 in 2014 and 2015.

In this Decision, the Prime Minister approves the List of 2,333 communes suffering from extreme difficulties, bordering communes, and safe communes of 49 central-affiliated cities and provinces that will be invested under Program 135 in 2014 and 2015.

This Decision takes effect from the day on which it is signed.

Decree 208/2013/NĐ-CP: Traffic police officers allowed to shoot attackers

Depending on the nature and seriousness of the assault, duty officers are allowed to open fire to defend themselves, or to attack, suppress and arrest their attackers.

The shooting must comply with Article 22 of the Ordinance on the management and use of weapons, explosives, and combat gears.

The Court is entitled to bring the attackers to public trials as a means of raising public awareness.

This Decree takes effect February 01, 2014.

Circular 19/2013/TT-BTP: Guidance on apprentice lawyers

If the apprentice changes the place of apprenticeship while having served their apprenticeship for at least 04 months at a law-practicing organization, which is certified in writing by such organization and assessed by the supervising lawyer, then the apprenticeship period of such apprentice lawyer is the total period of apprenticeship he has served at law-practicing organizations.

This Circular takes effect on January 15, 2014.