Legal News: Categories of Document No./ Code of Issue Date of Issue

Legal News
Legal News
 No. 40 (03/10/2012 – 09/10/2012)  Weekly report
 Latest Legal documents
Categories of No./ Code Date of summary

document of issue issue
THE GOVERNMENT
1. Decree 75/2012/ 03/10/2012 On detailing a number of articles of Law on Complaints.

NĐ-CP (20 pages).
This Decree shall take effect from 20/11/2012 and replace regulations
on complaints, settlement of complaints and the reception of citizens in
Decree No. 136/2006/ND-CP dated 14/11/2006.
2. Decree 76/2012/ 03/10/2012 On detailing the implementation of a number of articles of

NĐ-CP Law on Denunciation. (16 pages).
This Decree shall take effect from 20/11/2012 and replace regulations
on denunciation and settlement of denunciation in Decree
136/2006/NĐ-CP dated 14/01/2006.
3. Resolution 67/NQ-CP 05/10/2012 On the regular session of the Government in September,

2012. (6 pages).
4. Decree 77/2012/ 05/10/2012 On amending, supplementing a number of articles of Decree
NĐ-CP No. 90/2008/NĐ-CP on anti-spam mails. (14 pages).
This Decree shall take effect from 01/01/2013.
THE PRIME MINISTER
1. Decision 1427/ 02/10/2012 On approving the National target program on energy saving
QĐ-TTg and efficiency in period of 2012-2015. (14 pages).
This Decision shall take effect from the signing date and replace
Decision 79/2006/QĐ-TTg dated 14/04/2006.
THE MINISTRY OF PLANNING AND INVESTMENT
1. Official 7641/ 02/10/2012 On the addition of business lines and business targets of
Letter BKHĐT- foreign-owned enterprises. (2 pages).
ĐTNN
2. Official 7642/ 02/10/2012 On opinion contribution to foreign investment projects. (1 page).
Letter BKHĐT-
ĐTNN
1
 CONCETTI (Consulting and Research Company for Technology Transfer and Investment)  Information Department).
 Head Office: 5th floor, 38 Ba Trieu Str, Ha noi, Vietnam  Tel: (84 4) 9 341651; (84 4) 9 361291  Fax: (84 4) 9 34 7095
Weekly Report No.40-2012
Business lines and business targets: implementing import and export
rights, distribution rights including the right of implementing
wholesale activities (not including establishment of wholesale
establishments, may directly perform through contracts and goods
orders) for products as oil, fat, animal and vegetable waxes; soap,
candles; etc. shall be not in contrast with regulations and itinerary of
implementing goods trade.
3. Official 7643/ 02/10/2012 On contributing opinions on investigation of application

Letter BKHĐT- dossier of granting investment certificate for the project of
ĐTNN building electronic factory in Vietnam. (2 pages).
Business targets: production, processing and business of electronic
components are not under sectors in which investment is prohibited or
conditional businesses in accordance with Decree No. 108/2006/ND-
CP and Decree No. 59/2006/ND-CP.
In order to enjoy the incentives for projects producing supporting
industrial products, the investors must propose the appropriate
preferential mechanism, submit to the Council of project appraisal for
its consideration and reporting to the Prime Minister. Vice Minister of
the Minitry of Industry and Trade is the chairman of such council and
its members are representatives of ministries, branches and relevant
professional associations.
4. Official 7645/ 02/10/2012 On opinion contribution for the application dossiers of

Letter BKHĐT- establishing foreign-owned enterprises. (2 pages).
ĐTNN
Business targets: installation service (CPC 516), technical consulting
service (CPC 8672) are in accordance with regulations and itinerary
of implementing Vietnam’s WTO commitments.
5. Official 7646/ 02/10/2012 On opinion contribution on business targets and lines

Letter BKHĐT- according to the application dossiers of granting investment
ĐTNN certificates of foreign-owned enterprises. (1 page).
6. Official 7647/ 02/10/2012 On contributing opinions on the adjustment of investment
Letter BKHĐT- certificates of foreign-owned enterprises. (2 pages).
ĐTNN
Under the List of Vietnam’s WTO commitments, maintenance and
repair services of equipment and machinery are only applied to
maintenance and repair services of individual and household devices.
However, the Agreement on free trade, investment promotion and
protection between Vietnam and Japan having more preferential
regulations compared to WTO commitments, then shall priorly be
applied. Therefore, Japanese investors are permitted to supplement
business line and target: maintenance and repair of machinery and
equipment in Investment Certificate.
7. Official 7679/ 03/10/2012 On contributing opinions on business lines and supplemented

Letter BKHĐT- targets of investment projects; legal capital of audit
ĐTNN enterprises. (2 pages).
"Service of evaluating enterprise value" has the nature of price
appraisal branch so that it is incorrect if such service is under the
branch "other accounting services". The target "Determining
enterprise value" is not in the List of WTO commitments so that under
principles, Vietnam has no right to open the market for such business
line.
2
8. Official 7680/ 03/10/2012 On business lines and operation targets of investment
Letter BKHĐT- projects; the dossiers of investment projects. (2 pages).
ĐTNN
Foreign individuals and organizations are permitted to trade in real
estate management service. Real estate trading enterprises must have
the legal capital of 6 billion dong.
THE MINISTRY OF FINANCE
1. Circular 148/2012/ 11/09/2012 On guiding the implementation of preferential import tax rate
TT-BTC applicable to a number of items in group 2710 in the
Preferential Import Tariff. (4 pages).
This Circular shall take effect from 12/09/2012 and replace Circular
No. 109/2012/TT-BTC dated 03/07/2012.
2. Circular 151/2012/ 12/09/2012 Amending, supplementing Circular 126/2008/TT-BTC

TT-BTC promulgating rules, terms, table of premium rates and levels of
liability of compulsory insurance for civil liability of motor
vehicle owners and Circular 103/2009/TT-BTC providing for
management, use, settlement and finalization of the motor
vehicle insurance fund. (21 pages).
Under the previous regulations, insurance enterprises only granted
Insurance Certificates for motor vehicle owners when they fully paid
premiums. However, in Circular No. 151/2012/TT-BTC dated
12/09/2012 which has just issued by the Ministry of Finance, in a
number of specific cases, insurance enterprises and motor vehicle
owners are permitted to negotiate (in written) the time limit for paying
premiums, as follows:
- In case where motor vehicle owners are administrative agencies and
non-business units of the State, the premiums must be paid in full
within 10 days from the effective date of the insurance certificate.
- In case where motor vehicle owners are not such above agencies,
have a number of motor vehicles participating insurance at the same
time and have the total payable premiums from 100 million dong
upwards, the premiums shall be pay in two phases:
+ Phase 1: fully paying 50% of the total premium before the effective
date of the insurance certificate;
+ Phase 2: paying the rest of the premium within 90 days from the
effective date of the insurance certificate.
Also, the maximum amount which is paid by insurance enterprises for
the damage of the third party and passengers caused by motor
vehicles
increases by 70.000.000 VND (the current amount is 50.000.000
VND).
However, motor vehicle owners have to pay attention: if they do not
pay the premiums in full under their agreements, insurance contracts
shall be terminated its effect after the day in which they have to pay
the premiums. Simultaneously, insurance enterprises shall not
compensate for the damage in case where driving motor vehicles
without driving licence or having inappropriate driving licence. In
case where drivers are debarred with or without time limit from using
driving licence, then shall be considered as having no driving licence.
This Circular shall take effect from 01/11/2012.
3
3. Circular 154/2012/ 18/09/2012 On amending preferential import tax rate applicable to items
TT-BTC with codes as 2815.11.00 and 2842.10.00 in the preferential
import tariff. (2 pages).
4. Circular 155/2012/ 20/09/2012 On promulgating collection level, regimes as collection,
TT-BTC payment, management and use of fees for new identity cards.
(3 pages).
5. Circular 156/2012/ 21/09/2012 On promulgating collection level, regimes as collection,
TT-BTC payment, management and use of fees for granting business
license of karaoke, fee for granting business license of dance
hall. (3 pages).
6. Official 12895/ 24/09/2012 On VAT applicable to shipping services among foreign ports.
Letter BTC-CST (2 pages).
Transport activities from foreign ports to foreign ports shall apply
VAT rate of 0% in case of satisfying two conditions as: (1) having
agreement with foreign organizations, individuals, and (2) having
payment vouchers via banks.
VAT of input goods, services bought in Vietnam from the date of
01/01/2011 to before the date of 01/03/2012 to use for transport
activities from foreign ports to foreign ports is declared, deducted and
refunded in case of satisfying the conditions of deduction on invoices,
vouchers and payment via banks as prescribed.
In case enterprises transport goods from foreign ports to foreign ports
for the Vietnamses organizations, individuals, then such enteprises
shall not be permitted to apply VAT rate of 0%.
7. Decision 2404/ 27/09/2012 On issuing the examination regime of VAT refund subject to
QĐ-BTC tax refund before the examination. (5 pages).
This Decision shall take effect after 45 days from the signing date.
THE STATE BANK OF VIETNAM
1. Notification 293/ TB- 28/09/2012 On the suspension of circulating cotton money with value of
NHNN 10,000 VND and 20,000 VND. (1 page).
2. Circular 28/2012/ 03/10/2012 On bank’s guarantee. (25 pages).
TT-NHNN
This Circular has supplemented conditions to implement the guaranty
for organizations being non-residents. Under this document, credit
institutions are permitted to guarantee in three cases: (1) guaranteed
party is enterprise established and operated overseas having
contributed capital from Vietnamese enterprises under the form of
overseas direct investment; (2) guarantees are residents or
guaranteed
party fully pays a collateral of 100% of guarantee value or (3) having
a written consent of the SBV.
Simultaneously, the Circular has also supplemented conditions which
clients have to meet in case where credit institutions have not applied
security measures by assets for the guaranty amount as: having
capacity to full perform the guaranty obligations, being objects which
do not have to implement security measures by assets and not
4
violating
relations of credit extensions, guarantee in banking activities.
In addition, the Circular has also determined time limit to perform the
guaranty obligations as no more than 05 working days from the day
the guarantee submits dossiers for proposing the implementation of
the guaranty obligations. Parties which are paid on behalf have
obligations to promptly repay such amount paid on behalf by the
guarantor within the day. In case where having not repaid, such
obligation is converted into a loan with the maximum interest rate not
exceeding 150% of common lending interest rate applied to the loan
having respective time limit. Credit institutions must issue internal
regulation on guaranty operations and promptly send 01 set to Credit
Department after issuance.
This Circular shall take effect from 02/12/2012 and replace Decision
No. 26/2006/QĐ-NHNN dated 26/06/2006.
THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
1. Official 3562/ 03/10/2012 On applying minimum salary level for employees working at
Letter LĐTBXH- enterprises. (1 page).
LĐTL
THE GENERAL DEPARTMENT OF CUSTOMS
1. Official 4995/ 19/09/2012 On the lack of payment vouchers, lack of norms notice board
Letter TCHQ- and registration in the wrong types for liquidity dossiers of
GSQL imported raw materials in the form of import -production-
export. (2 pages).
2. Official 5013/ 20/09/2012 On the classification and application of tax rate for
Letter TCHQ- explosion-proof water pumps used in pits. (1 page).
TXNK
3. Official 5030/ 20/09/2012 On settling automobiles which are re-seal frame number
Letter TCHQ-PC (enclosed with official letter No. 7208/BGTVT-KHCN dated
03/11/2011 and official letter No. 6848/VPCP-KTTH dated
04/09/2012). (3 pages).
4. Official 5053/ 21/09/2012 On customs procedures applicable to goods as spare parts,
Letter TCHQ- accessories, and pieces which are imported to produce goods
GSQL for export and to distribute. (2 pages).
As for the import of goods for distribution in Vietnam: FDI export
processing enterprises are not permitted to import goods from foreign
countries to directly sale to inland enterprises or other export
processing enterprises without the distribution right.
As for the import of goods for sale to abroad: foreign-owned
enterprises including enterprises which have the rights to export,
import can not participate in trading services on goods temporary
import, re-export and transferring goods through the border gates of
Vietnam. Therefore, enterprises can not import goods from foreign
5
countries to sale for foreign customers.
5. Official 5067/ 21/09/2012 On collecting opinions on the import of automobiles which

Letter TCHQ- can not be fully determined original frame number (enclosed
GSQL with OL No. 77/C54(GĐ-P2) dated 14/05/2012; 4514/TCHQ-
GSQL dated 23/08/2012; 8598/BCT-XNK dated 12/09/2012).
(4 pages).
6. Official 5296/ 03/10/2012 On changing border gate for re-export of temporarily
Letter TCHQ- imported, re-exported goods. (1 page).
GSQL
7. Official 5322/ 03/10/2012 On proving vouchers for goods transitting to a 3rd country in
Letter TCHQ- the scope of Free Trade Agreement (FTA). (2 pages).
GSQL
As for C/O form AK and C/O forms as D, E, AANZ and AI: the
importers must submit the confirmation of goods transport agencies,
which are the agencies issuing B/L of batches of exported goods, on
that goods satisfy regulations on the direct transport to make proving
vouchers.
As for C/O form AJ: customs agencies of the importing countries can
require importers to submit certificates or other information by
customs agencies of 01 member countries or more or by the countries
which are not members to prove that such goods have not been
through any processes other than unloading goods from the ships,
loading goods back on boards and other processes for preserving
goods in good status in those member countries or in the countries
which are not member countries.
PEOPLE’S COMMITTEE OF HANOI CITY
1. Decision 4334/ 02/10/2012 On issuing the implementation Plan of the registration of

QĐ-UBND child adoption in reality according to regulations of Law on
child adoption. (9 pages).
This Decision shall take effect from the signing date.
2. Decision 4406/ 03/10/2012 On amending a number of articles of Decision No. 2650/QĐ-
QĐ-UBND UB dated 14/06/2012 on supporting interest rate after
investment for enterprises of Hanoi city. (2 pages).
INTER-MINISTRIES
1. Inter- 146/2012/ 07/09/2012 On promulgating the making of estimate, management, use

ministerial TTLT- and settlement of expenses used for professional operations in
Circular BTC-BTP the field of child adoption from the income source of child
adoption registration fees, fees for granting, extending,
amending the licence of foreign child adoption organizations, the
expenses used for dealing with foreign child adoption. (8 pages).
6
THE GENERAL DEPARTMENT OF TAXATION
1. Official 3155/ 04/09/2012 On guiding the matters on VAT of export processing

Letter TCT-CS enterprises. (3 pages).
2. Official 3162/ 04/09/2012 On VAT refund of branches of foreign-owned enterprises.
Letter TCT-KK (2 pages).
Businesses, organizations eligible for VAT refund must be businesses
who pay tax by the method of deduction, have been granted business
registration certificates or investment certificates (practice
certificates); have the seal in accordance with regulations of laws,
keeping accounting books, vouchers in accordance with laws on
accounting; have deposit accounts at banks under tax code of such
businesses.
3. Official 3173/ 05/09/2012 On corporate income tax policies applicable to operations in

Letter TCT-CS the field of health. (1 page).
Enterprises operate in other fields but arise incomes from operation in
the fields of education and training, vocational education, health,
culture, sports and environment if such enterprises are in the List of
forms, criteria on the scale, standards on the socialized fields
prescribed by the Prime Minister of Government, then shall apply
corporate income tax rate of 10% during the period of operation for
incomes from the fields of education and training, vocational
education, health, culture, sports and environment from the date of
01/01/2009.
4. Official 3175/ 05/09/2012 On guiding the application of value added rate over turnover
Letter TCT-CS for business individuals and households. (2 pages).
5. Official 3181/ 05/09/2012 On coporate income tax incentives. (2 pages).
Letter TCT-CS
In case where enterprises are established before the date of
01/09/2004 with preferential invesment conditions according to
previous legal documents but have not been granted preferential
investment certificates, then shall enjoy tax incentives according to the
previous conditions on investment incentives for the remaining
preferential period from the date of 01/01/2004.
6. Official 3203/ 07/09/2012 On VAT refund of enterprises. (2 pages).

Letter TCT-CS
In case branches of enterprises located in different provinces with the
head offices, and have not been in operation, if time for investment is
01 year or more, such branches shall be refunded VAT of goods,
services used for investment in each year. When the progressive
amount of VAT of goods, services purchased for using in investment is
200 million VND or more, then shall be entitled to implement
procedure of VAT refund. When such branches come into operation,
then must declare and balance the amount of VAT of goods, services
purchased for new investment projects (projects of establishing
branches), concurrently declare VAT of business and production
activities of such branches. After the balance, if the amount of VAT
has not been deducted in full from 200 million VND or more, such
branches shall be refunded tax. In case the amount of input VAT of
business and production activities and investment projects is
7
less than 200 million VND and has not been deducted in full for 3
months, such businesses shall be refunded tax.
7. Official 3378/ 26/09/2012 On VAT applicable to international transport. (2 pages).

Letter TCT-CS
In case transport enterprises do not carry out international transport
by mode of transport contracts on voyages but use seaway B/L under
international customs and practices in stead of transport contracts,
then shall meet conditions on transport contracts for considering to
apply VAT rate of 0% for international transport activities.
THE MINISTRY OF SCIENCE AND TECHNOLOGY
1. Circular 18/2012/ 02/10/2012 On guiding the criteria and process of determining

TT-BKHCN technologies under List of technologies encouraged to
transfer; List of technologies restricted from transfer, List of
technologies forbidden to transfer. (7 pages).
This Circular shall take effect after 45 days from the signing date.
THE MINISTRY OF INDUSTRY AND TRADE
1. Circular 28/2012/ 27/09/2012 On detailing the registration of export right, import right of
TT-BCT foreign traders without presence in Vietnam. (25 pages).
Foreign traders without commercial presence in Vietnam are only
permitted to direct purchase goods of Vietnamese traders which have
business registration or have the export right or the right to distribute
such goods for export; and are not permitted to organize a net to
collectively purchase goods in Vietnam for export, including
establishing locations to collectively purchase goods for export
(except
otherwise provided for by Vietnamese laws and international treaties
of which Vietnam is a member).
Likewise, foreign traders without commercial presence in Vietnam are
only permitted to directly sell imported goods to Vietnamese traders
which already have business registration or have the right to
distribute
such goods; and are not permitted to organize or participate in goods
distribution system in Vietnam (except otherwise provided for by
Vietnamese laws or international treaties of which Vietnam is a
member).
The duration of Certificate of import-export right registration of such
traders is 5 years as clearly prescribed in the Circular. Meanwhile,
Decree No. 90/2007/ND-CP dated 31/05/2007 promulgated the
maximum duration as 5 years. This means the duration may be less
than 5 years.
2. Decision 5737/ 28/09/2012 On the temporary announcement of Lists of goods which are
QĐ-BCT temporarily imported, re-exported, changed border gate and
stored in bonded warehouses. (26 pages).
8
DRAFT
1. Draft Circular amending, supplementing Circular No. 157/2011/TT-BTC on issuing preferential export
tariff, import tariff according to List of taxable items.
9

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Legal News

 No. 40 (03/10/2012 – 09/10/2012)  Weekly report

 Latest Legal documents

Categories of No./ Code Date of summary

1. Decree 75/2012/ 03/10/2012 On detailing a number of articles of Law on Complaints.

2. Decree 76/2012/ 03/10/2012 On detailing the implementation of a number of articles of

3. Resolution 67/NQ-CP 05/10/2012 On the regular session of the Government in September,

THE PRIME MINISTER

THE MINISTRY OF PLANNING AND INVESTMENT

3. Official 7643/ 02/10/2012 On contributing opinions on investigation of application

4. Official 7645/ 02/10/2012 On opinion contribution for the application dossiers of

5. Official 7646/ 02/10/2012 On opinion contribution on business targets and lines

7. Official 7679/ 03/10/2012 On contributing opinions on business lines and supplemented

THE MINISTRY OF FINANCE

2. Circular 151/2012/ 12/09/2012 Amending, supplementing Circular 126/2008/TT-BTC

THE STATE BANK OF VIETNAM

THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

THE GENERAL DEPARTMENT OF CUSTOMS

5. Official 5067/ 21/09/2012 On collecting opinions on the import of automobiles which

PEOPLE’S COMMITTEE OF HANOI CITY

1. Decision 4334/ 02/10/2012 On issuing the implementation Plan of the registration of

1. Inter- 146/2012/ 07/09/2012 On promulgating the making of estimate, management, use

1. Official 3155/ 04/09/2012 On guiding the matters on VAT of export processing

3. Official 3173/ 05/09/2012 On corporate income tax policies applicable to operations in

6. Official 3203/ 07/09/2012 On VAT refund of enterprises. (2 pages).

7. Official 3378/ 26/09/2012 On VAT applicable to international transport. (2 pages).

THE MINISTRY OF SCIENCE AND TECHNOLOGY

1. Circular 18/2012/ 02/10/2012 On guiding the criteria and process of determining

THE MINISTRY OF INDUSTRY AND TRADE

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