Headlines 13/03/2019 14:00 CH

8 remarkable policies coming into force in the middle of March 2019

Ngọc Duy

After the article “Enterprise policies coming into force in the middle of March 2019”, THƯ VIỆN PHÁP LUẬT would like to introduce more remarkable policies which come into force from March 11th to 20th, 2019:

5. New regulations on excise tax

Decree No.14/2019/ND-CP which amends Decree No.108/2015/ND-CP providing for guidelines on enforcement of a number of the Law on Excise Tax comes into force from March 20, 2019.

According to the Decree, the following products shall be added in to the list of goods exempt from excise tax:

- Aircrafts and watercrafts used for commercial transport of goods, passengers and tourists;

- Aircrafts used for pesticide spray, fire fighting, filming, photography, topography and cartography, national defense and security purpose.

Decree No.14 also provides guidelines on applications, procedures and power to decide refund of excise tax on goods temporarily imported for re-export and imported materials used for export production and processing.

6. Guidelines on penalties for human trafficking

This is a content of Resolution No.02/2019/NQ-HDTP providing guidelines for enforcement of Article 150 regarding human trafficking and Article 151 on trafficking of persons under 16 of the Criminal Code.

According to the Resolution, some factors used as a basis for introducing penalties for human trafficking shall be provided as follows:

- Organized crime is a form of complicity in which the accomplices with clear assignment cooperate closely in committing the crime.

- Crime committed by despicable motives is a case in which the offender commits a crime for revenge purpose; or to evade his/her responsibility; or commit crime to the person whom he/she owns a debt of gratitude.

- The offence has been committed more than once is a case in which the offender has performed human trafficking more than once but has not faced criminal charges and the time limit for criminal prosecution is not expired.

- Taking out the organ from the victim’s body is a case in which the person trafficking human takes out the organ from the victim’s body.

More details can be found in Resolution No.02/2019/NQ-HDTP which comes into force from March 15, 2019.

7. Amendments to business conditions under management of the State Bank

The Government promulgates Decree No.16/2019/ND-CP coming into force from March 20, 2019 which amends regulations on business regulations under state management of the State Bank of Vietnam. For examples:

- An enterprise may be granted a certificate of registration of outward portfolio investment or outward portfolio investment trust or trust receipt if performing profitable activities for 3 years (previously 5 years);

- Many conditions for operations of finance companies are annulled such as bank guarantee, factoring, credit card issuance, finance lease.

8. Guidelines on applications for a disability certificate

This remarkable content is provided in Circular No. 01/2019/TT-BLDTBXH providing for levels of disability determined by the disability assessment council.

According to the Circular, the application for a disability certificate includes:

- An application form for granting a disability certificate as regulated;

- Copies of documents relating to the disability (if any) such as medical history, record on medical examination, treatment and surgery and other relevant documents; 

- The copy of the conclusion  about self-care ability and reduction in work ability drawn by the disability assessment council before June 01, 2012 or other relevant documents (if any).

Circular No.01 also provides for funding and budget for determination of levels of disability and grant of disability certificates.

Circular No.01/2019/TT-BLDTBXH comes into force from March 15, 2019.

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