New noticeable policies to take effect from mid-March, 2016
Below are new noticeable policies that enter into force from March 11 – 20, 2016.
1. Increase in the limited loan amount granted traders and family households
From March 15, 2016, the limits on loans granted traders and family households that set up their business and production activities in disadvantaged areas under the provisions of the Decision No. 306/QD-TTg and 307/QD-TTg will increase as follows:
Subject to the Decision No. 306/QD-TTg , the maximum amount of a loan granted a business household is VND 50 million. In certain particular cases, that amount may be more than VND 50 million but will be restricted to VND 100 million.
Any loan amount which is more than VND 50 million must be secured by assets derived from such loan in accordance with laws on secured transactions.
Pursuant to the Decision No. 307/QD-TTg , individual traders who do not set up any accounting records and pay lump-sum taxes as requested by tax authorities will be entitled to the maximum loan amount of VND 50 million and will not be bound to provide any security.
2. Calculation of the amount of penalty interest charged for late payment and evasion of payment of social insurance contributions
The Circular No. 20/2016/TT-BTC providing instructions on implementation of the financial management mechanism regarding social, health and unemployment insurance and costs of management of social, health and unemployment insurance will enter into force on March 20, 2016.
Subject to this Circular, if late payment of social, health and unemployment insurance contributions occurs, the annual amount of penalty interest inflicted thereon will be calculated by the following formula:
The amount of penalty interest payable within a month (n) = the accrued late payment amount recorded unto the end of the month (n-2) x late payment interest rate (%/month).
Where:
- (n) stands for the month of calculation of late payment interest.
- (n-2) stands for the latter month of 02 consecutive months preceding the month (n).
- Late payment interest (%/month) refers to the monthly average interest rates that Vietnam Social Security was announced earlier this year as provided by subparagraph c paragraph 3 Article 6 of the Decision No. 60/2015/QD-TTg
3. Compulsory addition of iodine to salt
Pursuant to the Decree No. 09/2016/ND-CP , addition of iodine, iron, zinc and vitamin A to food products is to serve the following purposes:
Add iodine to salt to prevent and control goitre, mental retardation and other iodine deficiency disorders.
Add iron to wheat flour to prevent and control iron deficiency anemia and remedy conditions resulting from iron deficiency anemia such as retardation in growth, malnutrition and lower mental development.
Add zinc to wheat flour to promote growth and contribute to improving human height; prevent and control several metabolism disorders, cell differentiation, bacterial infections, bone growth disorders and sexual dysfunctions.
Add vitamin A to vegetable oil to prevent and control dry eye syndromes, blindness and remedy results of conditions resulting from Vitamin A deficiency such as stunting and malnutrition, and contribute to enhancing immunity.
The Decree No. 09/2016/ND-CP will enter into force from March 15, 2016.
4. Declaration of an epidemic
The Decision No. 02/2016/QD-TTg on conditions for declaration of an epidemic and end of an epidemic will enter into force from March 15, 2016.
Subject to this Decision, the declaration of an epidemic is carried out under the following circumstances:
- With regard to Group-A epidemics, there is at least one patient diagnosed with an epidemic of this group.
- With regard to Group-B and Group-C epidemics:
+ One commune, ward or town is deemed to have an epidemic if the number of patients exceeds the average number of cases recorded in the same month of 03 latest years.
+ An urban district, rural district, district-level town or provincial city is deemed to have an epidemic if there are at least 2 communes reported to have such epidemic.
+ A centrally-governed city or province is deemed to have an epidemic if there are at least 2 districts reported to have such epidemic.
5. Regulations on citizen relation of the Ministry of Information and Communications
On February 1, 2016, the Ministry of Information and Communications introduced the Circular No. 03/2016/TT-BTTTTproviding for citizen relation and procedures for processing and dealing with submitted letters of complaint, accusation, petition, request or concern.
This Circular is applied to officials and public employees together with units or affiliates of the Ministry of Information and Communications, and other relevant institutional or individual entities as follows:
- Institutional units or agencies in charge of citizen relation activities include:
+ The Ministry of Information and Communications;
+ Authorities affiliated to the Ministry of Information and Communications;
+ Regional Center for Radio Frequency Management;
+ Public service providers affiliated to the Ministry of Information and Communications that are involved in dealing with benefits and interests of citizens and organizations.
- Citizen relation activities are regularly organized at the citizen relation office during working hours, unless otherwise decided by competent persons in unusual circumstances.
- The signboard “citizen relation office”, working schedule and “citizen relation rules” must be visibly placed at the citizen relation office.
- Citizen relation procedures must be consistent with the Circular No. 06/2014/TT-TTCP .
The Circular No. 03/2016/TT-BTTTT will enter into force from March 18, 2016 and supersedes the Circular No.03/2010/TT-BTTTT
6. Adjustment to the range of price for office equipment and supplies
The Circular No. 19/2016/TT-BTC providing guidance on the Decision No. 58/2015/QD-TTg on the standard, limited amount, rules of use and management of office equipment and supplies at state agencies or regulatory authorities will enter into force on March 16, 2016.
This Circular provides for authority to adjust the range of price for equipping state agencies or regulatory authorities with common office equipment and supplies as follows:
- With regard to the demand for common office equipment and supplies purchased at the price which is no more than 10% higher than the price referred to in Article 6 and 7 of the Decision No.58, the following persons are vested with authority to consider and decide such purchase and take responsibility for their decision:
+ Ministers, Heads of Ministry-level agencies, governmental agencies and other centrally-governed authorities.
+ Presidents of the provincial People’s Committees.
- With regard to the demand for common office equipment and supplies purchased at the price which is from more than 10% to no more than 20% higher than the price referred to in Article 6 and 7 of the Decision No. 58, the Minister of Finance will be accorded authority to consider and decide such purchase as requested in writing by:
+ Ministers, Heads of Ministry-level agencies, governmental agencies and centrally-governed authorities.
+ Presidents of the provincial People’s Committees.
The Circular No. 94/2006/TT-BTC will be superseded by this Circular.
From March 15, 2016, the limits on loans granted traders and family households that set up their business and production activities in disadvantaged areas under the provisions of the Decision No. 306/QD-TTg and 307/QD-TTg will increase as follows:
Subject to the Decision No. 306/QD-TTg , the maximum amount of a loan granted a business household is VND 50 million. In certain particular cases, that amount may be more than VND 50 million but will be restricted to VND 100 million.
Any loan amount which is more than VND 50 million must be secured by assets derived from such loan in accordance with laws on secured transactions.
Pursuant to the Decision No. 307/QD-TTg , individual traders who do not set up any accounting records and pay lump-sum taxes as requested by tax authorities will be entitled to the maximum loan amount of VND 50 million and will not be bound to provide any security.
2. Calculation of the amount of penalty interest charged for late payment and evasion of payment of social insurance contributions
The Circular No. 20/2016/TT-BTC providing instructions on implementation of the financial management mechanism regarding social, health and unemployment insurance and costs of management of social, health and unemployment insurance will enter into force on March 20, 2016.
Subject to this Circular, if late payment of social, health and unemployment insurance contributions occurs, the annual amount of penalty interest inflicted thereon will be calculated by the following formula:
The amount of penalty interest payable within a month (n) = the accrued late payment amount recorded unto the end of the month (n-2) x late payment interest rate (%/month).
Where:
- (n) stands for the month of calculation of late payment interest.
- (n-2) stands for the latter month of 02 consecutive months preceding the month (n).
- Late payment interest (%/month) refers to the monthly average interest rates that Vietnam Social Security was announced earlier this year as provided by subparagraph c paragraph 3 Article 6 of the Decision No. 60/2015/QD-TTg
3. Compulsory addition of iodine to salt
Pursuant to the Decree No. 09/2016/ND-CP , addition of iodine, iron, zinc and vitamin A to food products is to serve the following purposes:
Add iodine to salt to prevent and control goitre, mental retardation and other iodine deficiency disorders.
Add iron to wheat flour to prevent and control iron deficiency anemia and remedy conditions resulting from iron deficiency anemia such as retardation in growth, malnutrition and lower mental development.
Add zinc to wheat flour to promote growth and contribute to improving human height; prevent and control several metabolism disorders, cell differentiation, bacterial infections, bone growth disorders and sexual dysfunctions.
Add vitamin A to vegetable oil to prevent and control dry eye syndromes, blindness and remedy results of conditions resulting from Vitamin A deficiency such as stunting and malnutrition, and contribute to enhancing immunity.
The Decree No. 09/2016/ND-CP will enter into force from March 15, 2016.
4. Declaration of an epidemic
The Decision No. 02/2016/QD-TTg on conditions for declaration of an epidemic and end of an epidemic will enter into force from March 15, 2016.
Subject to this Decision, the declaration of an epidemic is carried out under the following circumstances:
- With regard to Group-A epidemics, there is at least one patient diagnosed with an epidemic of this group.
- With regard to Group-B and Group-C epidemics:
+ One commune, ward or town is deemed to have an epidemic if the number of patients exceeds the average number of cases recorded in the same month of 03 latest years.
+ An urban district, rural district, district-level town or provincial city is deemed to have an epidemic if there are at least 2 communes reported to have such epidemic.
+ A centrally-governed city or province is deemed to have an epidemic if there are at least 2 districts reported to have such epidemic.
5. Regulations on citizen relation of the Ministry of Information and Communications
On February 1, 2016, the Ministry of Information and Communications introduced the Circular No. 03/2016/TT-BTTTTproviding for citizen relation and procedures for processing and dealing with submitted letters of complaint, accusation, petition, request or concern.
This Circular is applied to officials and public employees together with units or affiliates of the Ministry of Information and Communications, and other relevant institutional or individual entities as follows:
- Institutional units or agencies in charge of citizen relation activities include:
+ The Ministry of Information and Communications;
+ Authorities affiliated to the Ministry of Information and Communications;
+ Regional Center for Radio Frequency Management;
+ Public service providers affiliated to the Ministry of Information and Communications that are involved in dealing with benefits and interests of citizens and organizations.
- Citizen relation activities are regularly organized at the citizen relation office during working hours, unless otherwise decided by competent persons in unusual circumstances.
- The signboard “citizen relation office”, working schedule and “citizen relation rules” must be visibly placed at the citizen relation office.
- Citizen relation procedures must be consistent with the Circular No. 06/2014/TT-TTCP .
The Circular No. 03/2016/TT-BTTTT will enter into force from March 18, 2016 and supersedes the Circular No.03/2010/TT-BTTTT
6. Adjustment to the range of price for office equipment and supplies
The Circular No. 19/2016/TT-BTC providing guidance on the Decision No. 58/2015/QD-TTg on the standard, limited amount, rules of use and management of office equipment and supplies at state agencies or regulatory authorities will enter into force on March 16, 2016.
This Circular provides for authority to adjust the range of price for equipping state agencies or regulatory authorities with common office equipment and supplies as follows:
- With regard to the demand for common office equipment and supplies purchased at the price which is no more than 10% higher than the price referred to in Article 6 and 7 of the Decision No.58, the following persons are vested with authority to consider and decide such purchase and take responsibility for their decision:
+ Ministers, Heads of Ministry-level agencies, governmental agencies and other centrally-governed authorities.
+ Presidents of the provincial People’s Committees.
- With regard to the demand for common office equipment and supplies purchased at the price which is from more than 10% to no more than 20% higher than the price referred to in Article 6 and 7 of the Decision No. 58, the Minister of Finance will be accorded authority to consider and decide such purchase as requested in writing by:
+ Ministers, Heads of Ministry-level agencies, governmental agencies and centrally-governed authorities.
+ Presidents of the provincial People’s Committees.
The Circular No. 94/2006/TT-BTC will be superseded by this Circular.
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