Legal advice & case studies.

Settlement of tax exemption and reduction

In the case of exemption or reduction in the personal income tax on transfer of housing, land use rights in Vietnam rely on the basis of the declarations by the real estate transfer people self-assessment and self-responsible for the truthfulness of the statement. This case will not apply to the process of tax exemption or …

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Issue ten “environmental protection” forms

From December 3rd 2012, 10 forms in the environmental testing activities will be formally applied. These forms issued in Circular 61/2012/TT-BCA-C41 of the Ministry of Public Security. Accordingly, the environmental testing activities have to use the form in accordance with the form and content issued in this Circular. Several forms may be cited as: sample of …

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The new policies going into effect from November 2012

Since the first half of November 2012, a series of policies and new regulations will officially take effect. As follows: 1. From November 1st 2012, when the Circular 147/2012/TT-BTC takes effect, people who had been sanctioned by the State Securities Commission of Vietnam will also be considered for certification of the securities practices certificate. Time limit for …

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Fee to operate trade promotion representative office.

From January 1st 2013, the foreign trade promotion organizations in Vietnam when licensed to establish a representative office in Vietnam will have to pay fee. This content is mentioned in Circular 187/2012/TT-BTC about the collection, payment and management of the licensing fee to establish representative offices of foreign trade promotion organizations in Vietnam. Renewal fee: 3,000,000 …

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Active form of Commercial Arbitration

Active form of Commercial Arbitration

To ensure the management issues for commercial arbitration, the Ministry of Justice has issued the form on the operation of commercial arbitration. Form guides are defined in Circular 12/2012/TT-BTP of the Ministry of Justice. Circular refers to 29 forms to apply as: the Charter of the arbitration center; form proposed for the establishment of the arbitration …

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New policies coming into effect from November 16th – 30th.

Since the second half of November 2012, a number of policies and new regulations will officially come into effect. 1. From November 16th, technologies that have one of these following criteria will not be allowed to transfer: no labor safety, labor hygiene; generate hazardous waste; wasting resources; mining exploitation that have low recovery target compared with that of …

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Circular no. 33/2012/TT-BCT from Ministry of industry and trade to regulate, formulation, appraisal and approval of mine design, solid minerals construction projects.

Under the provisions of this Circular, the mines have to make investment and construction projects including mines under the national important project approved by the National Assembly through the investment policy; included in portfolio sector planning which has been approved by the competent authority and have the decision to approve mineral reserves of the competent …

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Regulations on foreign investment and cooperation in education

In September 26th 2012, The Government issued the Decree No. 73/2012/NDD-CP regulating on foreign investment and cooperation in the field of education. Applicable entities are Vietnamese individuals, organizations and foreign individuals, organizations which conduct acts in the field of education under the modes of linked training, establishing foreign-invested educational institutions, setting up representative office of …

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Improve the efficiency of management of capital inflows of foreign investment into Viet Nam

On Oct 2012, 29th, The Prime Minister of Vietnam issued Decision No. 1601/QĐ-TTg approved the project improve the efficiency of the management of capital inflows of foreign investment into Vietnam. Accordingly, in order to improve the efficiency of inspection and monitoring of capital inflows in – out, building up a database on foreign direct investment …

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Instructions to VAT refund

According to Decision 2404/QD-BTC on September 27th 2012 on inspection the of the VAT refund under the status ‘refund first, inspect later’, the Ministry of Finance provide guidance on the settlement of tax refund as follows: If identifying the tax amount not eligible for refund or further information required, the tax office must immediately send request …

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