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THE STATE BANK OF VIETNAM - SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No 38/2016/TT-NHNN Hanoi, December 30, 2016 CIRCULAR ON METHODS OF CALCULATING AND ACCOUNTING OF REVENUES AND PAYMENTS OF INTERESTS IN DEPOSITING AND LENDING OPERATIONS BETWEEN THE STATE BANK OF VIETNAM AND CREDIT INSTITUTIONS AND OTHER ORGANIZATIONS Pursuant to the Civil Code No 91/2015/QH13 dated November 24, 2015; Pursuant to the Law on the State bank of Vietnam No 46/2010/QH12 dated June 16, 2010; Pursuant to the Law on credit institutions No 47/2010/QH12 dated June 16, 2010; Pursuant to the Law on Accounting No 88/2015/QH13 on dated November 20, 2015; Pursuant to the Government's Decree No 156/2013/ND-CP dated November 11, 2013 defining the functions, tasks, entitlements and organizational structure of the State bank of Vietnam; Pursuant to Decision No 08/2013/QĐ-TTg dated January 24, 2013 of the Prime Minister on accounting regulations applicable to the State Bank of Vietnam; At the request of the Director of Department of Finance and Accounting; The Governor of the State bank of Vietnam promulgates a Circular on methods of calculating and accounting of revenues and payment of interests in depositing and lending operations between the state bank of Vietnam and credit institutions and other organizations Chapter I GENERAL PROVISIONS Article Scope This Circular deals with: Methods of calculating and accounting of payments of interests on required reserve deposits and excess reserve deposits of credit institutions, branches of foreign banks; deposits of other organizations at the State Bank of Vietnam; Methods of calculating and accounting of revenues of interests on loans made between the State Bank of Vietnam and credit institutions or branches of foreign banks Article Regulated entities The State Bank of Vietnam (hereinafter referred to as the State Bank) 2 Credit institutions, branches of foreign banks prescribed in the Law on credit institutions (hereinafter referred to as credit institutions) Other organizations other than credit institutions that are eligible for making deposits at the State Bank as prescribed by law (hereinafter referred to as other organizations) Article Interpretation of terms For the purposes of this Circular, the terms below shall be construed as follows: Deposits of credit institutions include required reserve deposits, excess reserve deposits of credit institutions at the State Bank Deposits of other organizations mean deposits of other organizations at the State Bank Interest means a sum that a credit institution pays the State Bank for using a sum of loan or a sum that the State Bank pays a credit institution or another organization for receiving a sum of deposit Deposit balance eligible for interest (of credit institution) means deposit balance in excess of reserve Công ty Luật Minh Gia www.luatminhgia.com.vn THE MINISTRY OF HEALTH Circular No 34/2015/TT-BYT dated October 27, 2015 of the Ministry of Health on amending and supplementing the Articles of the Circular No 17/2012/TT-BYT dated October 24, 2012 of the Ministry of Health regulating the issuance and use of the birth notice Pursuant to Article 94 of the Law on Marriage and Family dated June 19, 2014; Pursuant to Article 16 of the Law on Births, Deaths and Marriages dated November 20, 2014; Pursuant to the Government’s Decree No 10/2015/ND-CP dated January 28, 2015 regulating giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy; Pursuant to the Government’s Decree No 63/2012/ND-CP dated August 31, 2012 regulating functions, duties and organizational structure of the Ministry of Health; At the request of General Director of pediatric and maternal health, General Director of Department of Legislation - the Ministry of Health, The Minister of Health promulgates the Circular on amending and supplementing the Articles of the Circular No 17/2012/TT-BYT dated October 24, 2012 of the Ministry of Health regulating the issuance and use of the birth notice Article To amend and supplement to the Minister of Health’s Circular No 17/2012/TT-BYT dated October 24, 2012 regulating issuance and use of birth notice To amend to Point a, Clause 2, Article as follows: a) Before a newborn baby is brought home, medical examination and treatment facilities as prescribed in Clause of this Article must record all the information in the form of birth notice as prescribed in Appendix 01 or 01A enclosed herewith Parents or relatives of the baby must double check the information before signing The Birth notice shall be made into two copies of the same legal value One copy is kept by the baby’s parents or relatives as the basis for registration of birth and one copy is retained in the medical examination and treatment facility LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn To add Point c to Clause 2, Article as follows: “Article Procedures for issuance of birth notice “c) In case a baby is born through surrogacy, intended parents or a woman who carries and gives birth (surrogate mother) must submit written confirmations about surrogacy as prescribed in Appendix 05 enclosed herewith and certified true copy or a copy accompanied by the original of surrogacy agreement for humanitarian purposes between intended parents and surrogate mother to the medical examination and treatment facility where the baby is born The baby who is born through surrogacy shall be granted the Birth notice according to forms as prescribed in Appendix 01A enclosed herewith This Birth notice shall serve as the basis for proving surrogacy when carrying out registration of birth Issuance of birth notice is prescribed in Point a, Clause 2, this Article” Article Implementation provisions This Circular takes effect onDecember 14, 2015 Form of birth notice is published on the Portal of the Ministry of Health The Services of Health of central-affiliated cities and provinces and medical examination and treatment facilities can get access to the Portal of the Ministry of Health for a printout Director of Department of Pediatric and Maternal Health, General Director of Department of Legislation, heads of units affiliated to the Ministry of Health; Director of the Service of Health and relevant agencies, organizations, and individuals shall be responsible for executing this Circular Any difficulties arising in the course of the implementation of this Circular should be reported to Department of pediatric and maternal health, the Ministry of Health for consideration and handling / For the Minister The Deputy Minister Nguyen Viet Tien LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 THE MINISTRY OF FINANCE - SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No 289/2016/TT-BTC Hanoi, November 15, 2016 CIRCULAR ON AMOUNTS, COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES AND CHARGES IN THE CINEMATOGRAPHY Pursuant to the Law on fees and charges dated November 25, 2015; Pursuant to the Law on State budget dated June 25, 2015; Pursuant to the Law on cinematography dated June 29, 2006; Pursuant to the Government’s Decree No 120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on fees and charges; Pursuant to the Government's Decree No 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance; At the request of the Director of the Tax Policy Department, The Minister of Finance promulgates a Circular on amounts, collection, payment, management and use of fees and charges in the cinematography Article Scope and regulated entities This Circular deals with amounts, collection, payment, management and use of fees for appraisal of screenplays and movie classification (including appraisal of movies); assessment fees for issuance of licenses for cooperation and joint venture in film production, provision of film production services for foreign organizations and individuals; charges for the license and control labeling applicable to tapes and visual discs containing performances in cinematography; and charges for issuance of licenses for setting up branches or representative offices of foreign movie establishments in Vietnam This Circular applies to: a) Applicants for appraisal of screenplays and movie classification (including appraisal of movies); assessment of licenses for cooperation and joint venture in film production, provision of film production services for foreign organizations and individuals; the license and control labeling applicable to tapes and visual discs containing performances in cinematography; and issuance of licenses for setting up branches or representative offices of foreign movie establishments in Vietnam b) Competent authorities in appraisal of screenplays and movie classification (including appraisal of movies); assessment of licenses for cooperation and joint venture in film production, provision of film production services for foreign organizations and individuals; the license and control labeling applicable to tapes and visual discs containing performances in cinematography; and issuance of licenses for setting up branches or representative offices of foreign movie establishments in Vietnam c) Other organizations and individuals in connection with collection, payment, management and use of fees for appraisal of screenplays and movie classification; assessment fees for issuance of licenses for cooperation and joint venture in film production, provision of film MINISTRY OF FINANCE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 293/2016/TT-BTC Hanoi, November 15, 2016 CIRCULAR ON THE RATE, COLLECTION, SUBMISSION, WAIVER, ADMINISTRATION AND USE OF THE ROAD USE FEE Pursuant to the Law of fees and charges dated November 11, 2015; Pursuant to the Law of state budget dated June 25, 2015; Pursuant to the Law of road traffic dated November 13, 2008; Pursuant to the Government’s Decree No 120/2016/ND-CP dated August 23, 2016 on details and guidelines for the implementation of certain articles of the Law of fees and charges; Pursuant to the Government’s Decree No 215/2013/ND-CP dated December 23, 2013 on the functions, missions, authority and organizational structure of the Ministry of Finance; Pursuant to the Government’s Decree No 18/2012/ND-CP dated March 13, 2012, Decree No 56/2014/ND-CP dated May 30, 2014 and Decree No 28/2016/ND-CP dated April 20, 2016 on the road maintenance fund; At the request of the Head of the Department of Tax policy, Minister of Finance promulgates the Circular on the rate, collection, submission, waiver, administration and use of the road use fee Chapter I GENERAL PROVISIONS Article Scope This Circular defines the rate, collection, submission, waiver, administration and use of the road use fee (collected per vehicle) This Circular does not govern motorcycles and specialized mopeds pursuant to Section 18 and Section 20, Article of the Law of road traffic Article Vehicles incurring the fee Vehicles that incur that road use fee are motor vehicles for road transport, which have been registered for operation (with the certificate of vehicle registration and number plate), including automobiles, tractor units and similar vehicles (hereinafter referred to as automobiles) The automobiles defined in Section of this Article shall not incur the road use fee when: a) Being damaged by an accident or natural disaster b) Being seized or stripped of certificate of vehicle registration or number plate c) Being rendered inoperative by a serious accident and requiring repair for at least 30 days d) Being commercial transport vehicles of cooperatives and transport companies, which cease operating in at least 30 consecutive days dd) Neither entering the traffic flow nor employing the roadways in the road transport system but operating within the land area under the management of relevant companies or cooperatives; for example, in a station, port, mine, agricultural or forestry zone; and automobiles used by driver training centers for examination e) Being registered and inspected in Vietnam but operating abroad in 30 consecutive days or more g) Being stolen for a minimum period of 30 days The fee shall be exempted in the circumstances defined in Section of this Section if the documents defined in Article of this Circular are submitted accordingly The owners of such automobiles for which the road use fee has been paid shall be refunded the fee amount paid (for the inoperative automobiles damaged, seized or stripped of the certificate of vehicle registration or number plate) or receive a deduction to the fee amount payable in the following period (for automobiles in operation) in accordance with the period of time in which the automobiles not operate on the roads Section of this Article does not apply to the automobiles of national defense forces and police The fee is not levied, at present, on the automobiles fitted with a foreign number plate (including those registered and given a temporary plate) which are imported temporarily for a defined period of time before re-export under competent authorities’ permission as per the laws Article Fee waiver The road use fee is waived for: Ambulance Fire engine Funeral vehicles, including: a) Vehicles specifically structured for funeral (hearse and refrigerated truck for carriage and storage of corpses) b) Vehicles used only for funeral services (passenger vehicle accompanying the hearse, flowercarrying THE MINISTRY OF FINANCE - SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No 277/2016/TT-BTC Hanoi, November 14, 2016 CIRCULAR ON AMOUNTS, COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES IN THE FIELDS OF PHARMACY AND COSMETICS Pursuant to the Law on fees and charges dated November 25, 2015; Pursuant to the Law on State budget dated June 25, 2015; Pursuant to the Government’s Decree No 120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on fees and charges; Pursuant to the Government's Decree No 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance; At the request of the Director of the Tax Policy Department, The Minister of Finance promulgates a Circular on amounts, collection, payment, management and use of fees in the fields of pharmacy and cosmetics Article Scope and regulated entities This Circular deals with amounts, collection, payment, management and use of fees in the fields of pharmacy and cosmetics This Circular applies to payers and collecting authorities of fees in the field of pharmacy and cosmetics and other entities in connection with the collection, payment, management and use of fees in the fields of pharmacy and cosmetics Article Payers Any entity applying to competent authorities for assessment in the field of pharmacy or cosmetics as prescribed in the Schedule issued herewith shall pay a given amount of fee as prescribed Article Collecting authorities Drug administration of Vietnam, Traditional Medicine Administration of Vietnam (affiliated to the Ministry of Health) and Services of Health of provinces and central-affiliated cities that are in charge of tasks prescribed in the Schedule hereof shall be the collecting authorities Article Amount Amounts of fees in the fields of pharmacy and cosmetics shall be specified in the Schedule issued herewith Article Statement and payment No later than every Thursday, the collecting authority shall deposit the amount of fees collected of the last week to the account of fees pending payment to State budget opened at a State Treasury The collecting authority shall make monthly and annual statements and pay fees as prescribed in Clause Article 19 and Clause Article 26 of Circular No 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance on guidelines for the Law on Tax administration; Law on amendments to the Law on Tax administration and the Decree No 83/2013/ND-CP dated July 22, 2013 of the Government Article Management and use of fees Each MINISTRY OF FINANCE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 274/2016/TT-BTC Hanoi, November 14, 2016 CIRCULAR ON THE RATE, COLLECTION, SUBMISSION, MANAGEMENT AND USE OF THE CUSTOMS FEES AND THE CHARGES ON GOODS AND VEHICLES IN TRANSIT Pursuant to the Law of fees and charges dated November 25, 2015; Pursuant to the Law of state budget dated June 25, 2015; Pursuant to the Customs Law dated June 23, 2014; Pursuant to the Government’s Decree No 120/2016/ND-CP dated August 23, 2016 on details and guidelines for the implementation of certain articles of the Law of fees and charges; Pursuant to the Government's Decree No 08/2015/ND-CP dated January 21, 2015 on details and measures for the implementation of the provisions of the Customs Law on customs procedures, examination, supervision and control of customs procedures; Pursuant to the Government’s Decree No 215/2013/ND-CP dated December 23, 2013 on the functions, missions, authority and organizational structure of the Ministry of Finance; At the request of the Head of the Department of Tax policy, Minister of Finance promulgates the Circular on the rate, collection, submission, management and use of the customs fees and the charges on goods and vehicles in transit Article Scope and regulated entities This Circular regulates the rate, collection, submission, management and use of the customs fees and the charges on goods and vehicles in transit This Circular applies to: a) The organizations and individuals incurring the customs fees and the charges on goods and vehicles in transit; b) The organizations collecting the customs fees and the charges on goods and vehicles in transit; c) Other organizations and individuals concerning the collection, submission, management and use of the customs fees and the charges on goods and vehicles in transit Article Collectors and payers Payers: a) The organizations and individuals registering a customs declaration or a paper in replacement of the customs declaration (hereinafter referred to as the declaration) of imports or exports, and the holders of intellectual properties protected pursuant to the legislation on intellectual property, when requesting a customs authority to examining, supervising or ceasing customs procedures over an import or export that shows sign(s) of intellectual property violation, shall incur the customs fees pursuant to this Circular b) The organizations and individuals carrying out customs procedures for a shipment or vehicle transiting Vietnam shall incur the charge(s) on goods and ... This Circular takes effect onDecember 14, 2015 Form of birth notice is published on the Portal of the Ministry of Health The Services of Health of central-affiliated cities and provinces and medical... the course of the implementation of this Circular should be reported to Department of pediatric and maternal health, the Ministry of Health for consideration and handling / For the Minister The. .. examination and treatment facilities can get access to the Portal of the Ministry of Health for a printout Director of Department of Pediatric and Maternal Health, General Director of Department of Legislation,