Legal update on September 2021 (Part 2)

BLawyers Vietnam - Legal update

Our Vietnam Legal Update #178 would lead you on 03 legal issues:

I. Applying temporary anti-dumping tax on certain polyester fiber products originating from certain countries

On 31 August 2021, the Ministry of Industry and Trade issued Decision No. 2080/QD-BCT on the application of the temporary anti-dumping tax on some polyester fiber products originating from the People’s Republic of China, The Republic of India, The Republic of Indonesia, and The Republic of Malaysia. Some of the main contents are as follows:

  • Goods subject to anti-dumping tax are temporarily classified under HS codes: 5402.33.00, 5402.46.00, 5402.47.00.
  • Details of tax rates applicable to each type of goods are detailed in the notice attached to this Decision.
  • Effective date: 3 days from the date this Decision is issued.
  • Duration for the application of temporary anti-dumping tax: 120 days from the effective date (unless it is extended, changed, or canceled by the law).
  • The application of anti-dumping tax may be retroactive if:
    • The investigating authority determines that it is significant or threatened damage to the domestic industry; or
    • Imported goods are determined to be dumping; the volume or quantity of dumped goods imported into Vietnam increased rapidly during the investigation period until the anti-dumping tax was applied, causing irreparable damage to the domestic industry.
  • Procedures and examination documents component for the application of anti-dumping tax is specified in the notice attached to this Decision.

II. The announcement of annulled administrative procedures in the field of establishment and operation of social enterprises under the management functions of the Ministry of Planning and Investment

The Ministry of Planning and Investment issued Decision No. 1238/QD-BKHĐT dated 30 August 2021 on the announcement of annulled administrative procedures in the field of establishment and operation of social enterprises under the management functions of the Ministry of Planning and Investment. Accordingly, the annulled administrative procedures are regulated as follows:

  1. Publicizing the activities of social enterprises – Implemented by: Department of Planning and Investment or aid and funding management agency under the provincial People’s Committee
  2. Notifying of changes in the content of aid and sponsorship – Implemented by: Department of Planning and Investment or aid and funding management agency under the provincial People’s Committee
  3. Procedures for providing information, a copy of the Social Impact Assessment Report, and the document on receiving aid and funding – Implemented by: Department of Planning and Investment or aid and funding management agency under the provincial People’s Committee
  4. Notifying of receipt of aid and sponsorship – Implemented by: The Department of Planning and Investment or the aid and funding management agency under the People’s Committee of provinces or cities directly under the Central Government
  5. Returning the seal and seal sample registration certificate to the police agency – Implemented by: Police office which issued the Seal Registration Certificate

III. VAT calculation price for property rental activities

Hanoi Tax Department issued Official Letter No. 32078/CTHN-TTHT dated 19 August 2021 on VAT calculation price for property rental activities with the following contents:

  • Regarding the activities of asset rental such as housing, offices, workshops, warehouses, yards, vehicles, machinery, equipment, the taxable price is the rental amount excluding VAT.
  • In case of rental in the form of installment payment or prepayment of rent for a lease term, the taxable price is the rental paid in installments or in advance for the lease term excluding VAT.
  • The rental price of the property agreed upon by the parties is determined according to the contract. If the law regulates the rental price bracket, the rental price must be charged within that bracket.
  • When the company adjusts the rental price of the commercial center space agreed by the lessee and the lessor according to the contract, the VAT calculation price of the above-mentioned leasing activities is the tax-exclusive rental amount.

For down-loading: 

Legal Update #178 (EN version)

Maybe you are interested in reading other Legal Update of BLawyers Vietnam: September 2021 (Part 1)August 2021 (Part 4) | August 2021 (Part 3) | August 2021 (Part 2) | August 2021 (Part 1) | July 2021 (Part 5)July 2021 (Part 4)July 2021 (Part 3)July 2021 (Part 2)July 2021 (Part 1)June 2021 (Part 4)

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