Highlights legal documents of Vietnam in a week period (from October 25 to October 30, 2021)

Highlights legal documents of Vietnam in a week period (from October 25 to October 30, 2021)
Bảo Ngọc

From October 25 to October 30, 2021, LawNet has updated some outstanding documents as follows:

1. Pay 30% of the fee for assessment and assessment of mineral reserves to the state budget of Vietnam

This is a notable content in Circular 91/2021/TT-BTC amending and supplementing Circular 191/2016/TT-BTC of Vietnam stipulating the collection rate, mode of collection, payment, management and use of appraisal fees. assessment of mineral reserves and fees for granting licenses for mineral activities and Circular 56/2018/TT-BTC on fees for appraisal of environmental impact assessment reports.

Specifically, the fee-collecting organization is allowed to leave 70% of the collected fee to cover the costs of service provision and fee collection and pay 30% to the state budget.

(Currently, toll collection organizations are allowed to keep 90% of the collected fees and remit 10% to the state budget).

In case the fee-collecting organization is a state agency that is not eligible to contract operating expenses from the fee collection according to regulations, it must pay 100% of the collected fee into the state budget.

The remaining fees shall be managed and used according to the provisions of Article 5 of Decree No. 120/2016/ND-CP of Vietnam; in which other expenses related to the performance of works, services and collection of fees, including:

Expenses for field inspection of mineral exploration areas, inspection, assessment and organization of appraisal meetings, meetings of the Appraisal Council and assessment of mineral reserves.

Circular 91/2021/TT-BTC of Vietnam takes effect from December 15, 2021.

2. Decree 92 of Vietnam has been promulgated guiding tax exemption and reduction for businesses affected by COVID-19 

The Government of Vietnam has promulgated Decree 92/2021/ND-CP detailing the implementation of Resolution 406/NQ-UBTVQH15 on a number of solutions to support businesses and people affected by the COVID-19 epidemic.

According to the Decree, about reduction of personal income tax (CIT), 30% reduction of CIT payable in 2021 for the case the taxpayer is an organization engaged in production and business activities of goods and services with taxable income and annual turnover. 2021 is not more than 200 billion VND and the revenue in 2021 is lower than the revenue in 2019.

Specifically, the reduced CIT amount of the tax period 2021 is calculated on the entire income of the enterprise (including incomes according to Clause 3, Article 18 of the Law on Personal Income Tax of Vietnam

The reduced CIT amount is calculated on the payable CIT amount of the tax period of 2021, after deducting the CIT amount that the enterprise is enjoying incentives in accordance with the provisions of the Law on CIT and its guiding documents.

Based on the revenue in the tax period 2019 and the expected revenue in 2021, enterprises themselves determine the tax reduction when temporarily paying quarterly CIT and declare tax reduction according to the declaration form issued with Circular 80/ 2021/TT-BTC and on the Appendix CIT is reduced in Appendix II issued with Decree 92/2021 of Vietnam

Decree 92/2021/ND-CP of Vietnam takes effect from October 19, 2021.

3. Individuals who campaign for charity must open their own accounts in Vietnam

This is the content of Decree 93/2021/ND-CP of Vietnam on mobilizing, receiving, distributing and using voluntary contributions to support overcoming difficulties caused by natural disasters, epidemics and incidents; helping patients with critical illnesses.

According to the Decree, it is clear that individuals open separate accounts at commercial banks according to each campaign to receive and manage all voluntary contributions, arrange suitable locations to receive, and manage and secure managing voluntary contributions during the reception period.

At the same time, there is a receipt for voluntary contributions in cash and in-kind received upon request by the contributing organization or individual.

In particular, individuals are not allowed to receive more voluntary contributions after the end of the committed receiving period and are responsible for notifying the place of account opening of the cessation of receiving voluntary contributions. wish.

In addition, when mobilizing, receiving and distributing voluntary contributions, individuals are responsible for informing the media about the purpose, scope, method, form of advocacy, account received (for money), place of receipt (for kind), time of commitment to distribute and send in writing to the commune-level People's Committee of the place of residence according to the form provided in this Decree.

Decree 93/2021/ND-CP of Vietnam takes effect from December 11, 2021.

4. 80% reduction of deposit for travel service business in Vietnam until the end of 2023

This is a notable content in Decree 94/2021/ND-CP of Vietnam amending and supplementing Article 14 of Decree 168/2017/ND-CP detailing a number of articles of the Law on Tourism on the deposit level for travel service business.

According to the Decree, reducing the deposit for travel service business until the end of 2023 is as follows:

- Deposit level for domestic travel service business: VND 20,000,000 (according to Decree 168/2017/ND-CP  is VND 100,000,000).

- Margin level for international travel service business:

+ Business travel services for international tourists to Vietnam: 50,000,000 VND  (according to Decree 168/2017/ND-CP  is 250,000,000 VND).

+ Business travel services for tourists going abroad: 100,000,000 VND (according to Decree 168/2017/ND-CP  is 500,000,000 VND).

+ Business travel services for international tourists to Vietnam and tourists going abroad: 100,000,000 VND (according to Decree 168/2017/ND-CP  is 500,000,000 VND).

Note:  The above-reduced margin level is valid until December 31, 2023. From January 1, 2024, the deposit level for the travel service business shall comply with Decree 168/2017/ND-CP.

Decree 94/2021/ND-CP  of Vietnam takes effect from October 28, 2021.

Bao Ngoc


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