Highlights of the last week's documents (October 03 - October 09, 2022)

1. Reductions in some fees and charges imposed in transport business

On September 29, 2022, the Minister of Finance promulgated Circular No. 59/2022/TT-BTC on some fees, charges and collection rate thereof for the purpose of assistance for transport business.

According to the Circular, from October 01, 2022 to December 31, 2022, reductions in some fees and charges imposed in transport business include:

- 20% reduction in fees and charges imposed in transport business:

+ Fees for ship payloads in terms of domestic maritime operations;

+ Fees for marine security in terms of domestic maritime operations;

+ Charges for leaving and entering inland ports in terms of domestic maritime operations;

+ Fees for assessment and issuance of certificates, licenses in the areas of civil aviation; issuance of permits for access to restricted zones at airports and airfields;

(Except for contents in subsections 4.1, 4.2, 4.3, 4.4, 4.5.1, 5 and 6 Section VI Part A of the Schedule of fees, charges and collection rates thereof based on the corresponding rates prescribed in Section VI Part A of the Schedule of fees, charges and collection rate thereof in the aviation sector enclosed with Circular No. 193/2016/TT-BTC)

+ Fees for registration of secured transactions for aircrafts;

(Except for contents in subsection 4 Section VIII Part A of the Schedule of fees and charges based on the corresponding rates prescribed in Section VIII Part A of the Schedule of fees, charges and collection rate thereof in the aviation sector enclosed with Circular No. 193/2016/TT-BTC)

- 50% reduction in fees and charges imposed in transport business:

+ Fees for use of railway infrastructure;

+ Charges for leaving and entering inland ports, wharves;

+ Fees for reports on inland waterways.

Circular No. 59/2022/TT-BTC is effective from October 01, 2022 to the end of December 31, 2022.

2. Addition of the job title of class-I legal aid assistants

This is the content that the Minister of Justice promulgates in Circular No. 05/2022/TT-BTP on codes and standards and salary arrangements for job titles of legal aid assistants.

To be specific, job titles of legal aid assistants include:

- Class-I legal aid assistants - Code: V02.01.00

- Class-II legal aid assistants - Code: V02.01.01

- Class-III legal aid assistants - Code: V02.01.02

(In comparison with Joint Circular No. 08/2016/TTLT-BTP-BNV, addition of the job title of class-I legal aid assistants is the new content in this Circular)

In addition, salary arrangements for the title of legal aid assistants are prescribed as follows:

- For the job title of class-I legal aid assistants, a class-A3 and group-A3.1 public employee pay coefficient shall be applied (pay coefficient ranged from 6.20 to 8.00);

- For the job title of class-II legal aid assistants, a class-A2 and group-A2.1 public employee pay coefficient shall be applied (pay coefficient ranged from 4.40 to 6.78);

- For the job title of class-III legal aid assistants, a class-A1 public employee pay coefficient shall be applied (pay coefficient ranged from 2.34 to 4.98).

Circular No. 05/2022/TT-BTP comes into force from October 20, 2022 and replaces Joint Circular No. 08/2016/TTLT-BTP-BNV.

3. List of positions whose holders are not permitted for establishment of their own businesses after resigning

This is the content in Circular No. 60/2022/TT-BTC dated October 03, 2022 on list of fields and terms for which persons holding positions are not permitted for establishment and operation of private businesses under management of the Ministry of Finance, promulgated by the Minister of Finance of Vietnam.

To be specific, list of positions whose holders are not permitted for establishment of their own businesses after resigning includes:

- State management of accounting and auditing.

- State management of securities and securities market.

- State management of insurance.

- State management of customs.

- State management of prices.

- State management of taxes, fees, charges and other collections of the state budget.

- State management of business finance and state management of funds in businesses. 

- State management of national reserves.

- Management of borrowing and repayment of domestic and foreign loans of the Government, public loans and foreign loans of Vietnam and international aid to Vietnam and loans and aid from Vietnam to foreign countries.

- State management of the state budget.

- State management of public property.

Circular No. 60/2022/TT-BTC comes into force from November 17, 2022.

4. Addition of entities applying for new foreign loans or applying for change of the current foreign loans

The Governor of the State Bank of Vietnam promulgated Circular No. 12/2022/TT-NHNN dated September 30, 2022 providing instructions on foreign exchange management for borrowing and repayment of foreign loans of enterprises.

According to the Circular, entities applying for new foreign loans or applying for change of the current foreign loans are prescribed as follows:

- Borrowers conclude foreign loan agreements with lenders who are non-residents.

- Organizations are responsible for direct repayment of loans to trustors in case foreign credit institutions or foreign bank branches act as trustees under on-lending entrustment contracts in which the trustors are non-residents.

- Parties having the obligation to repay loans using loan instruments issued outside of Vietnam's territory to non-residents.

- Lessees concluding financial leasing contracts with lessors who are non-residents.  

- Organizations inheriting the obligation to repay foreign loans are eligible for entities applying for new loans or applying for change of the current loans according to regulations in Circular No. 12/2022/TT-NHNN in case borrowers perform full division, partial division, consolidation or merger while they are taking out foreign loans. (New contents)

Circular No. 12/2022/TT-NHNN comes into force from November 15, 2022, excluding regulations in clause 2 Article 50 of Circular No. 12/2022/TT-NHNN.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE