Notable legal documents of Vietnam last week (May 23 - 29, 2022)

1. Method of interest rate support of commercial banks for loans of enterprises in Vietnam

The Governor of the State Bank of Vietnam issued Circular 03/2022/TT-NHNN dated May 20, 2022 guiding the implementation of Decree 31/2022/ND-CP on interest rate support for loans of businesses, cooperatives, and cooperatives. business households in Vietnam.

Accordingly, at the time of debt repayment of each interest payment term, commercial banks choose to provide interest rate support to customers by one of the following methods:

- Directly reduce the amount of loan interest payable by the customer equal to the interest rate supported loan amount.

- Collect all loan interest from customers in the period and refund customers the interest supported loan amount on the same day of interest collection.

In case the collection of loan interest in the period is done after working hours of commercial banks, the refund of the interest-supported loan amount can be done on the next day.

Circular 03/2022/TT-NHNN also stipulates the principles of interest rate support loans as follows:

Commercial banks provide loans with interest rate support in accordance with current laws on lending activities of credit institutions and foreign bank branches to customers, as stipulated in Decree 31/2022 /ND-CP, Circular 03/2022/TT-NHNN and relevant laws.

Circular 03/2022/TT-NHNN takes effect from May 20, 2022.

2. Procedures for extending payment of excise tax on cars manufactured in Vietnam in 2022

On May 21, 2022, the Government issued Decree 32/2022/ND-CP on extending the deadline for paying excise tax for automobiles manufactured or assembled in Vietnam.

Accordingly, the time limit for paying excise tax on cars manufactured and assembled in Vietnam arising in the tax period of June, July, August, and September 2022 has been extended to the end of November 20, 2022.

Procedures for extending the payment of excise tax on automobiles manufactured and assembled in Vietnam are prescribed as follows:

- Taxpayers send a request for extension of payment of excise tax, made according to the form in the Appendix attached to Decree 32/2022/ND-CP, to the tax authority once for all the extended periods.

- Taxpayers are solely responsible for the extension request to ensure that the right beneficiaries are eligible for the extension.

- Tax authorities are not required to notify taxpayers of their acceptance of an extension of the excise tax payment deadline.

+ In case, during the extension period, if there is a basis to determine that the taxpayer is not eligible for the extension, the tax authority shall issue a written notice to stop the extension.

Taxpayers pay the full amount of tax and late payment interest during the extension period into the state budget.

+ If it is discovered that the taxpayer is not eligible for the extension after the extension period expires, the taxpayer must pay the outstanding tax, fine and late payment interest back to the state budget.

- During the extended period of excise tax payment, tax authorities will not charge late payment interest for the extended excise tax amount.

Decree 32/2022/ND-CP takes effect from the date of signing to the end of December 31, 2022.

3. Support digital transformation in small and medium enterprises in Vietnam

The Minister of Planning and Investment issued Circular 06/2022/TT-BKHDT dated May 10, 2022 guiding Decree 80/2021/ND-CP guiding the Law on Supporting Small and Medium Enterprises.

In particular, supplementing regulations on supporting digital transformation in small and medium enterprises in Vietnam, specifically as follows:

- Small and medium enterprises are entitled to technology support according to the content and level of support specified in Clauses 1, 2, 3, 4, Article 11 of Decree 80/2021/ND-CP.

- Agencies and organizations supporting small and medium-sized enterprises shall provide support according to the provisions of Articles 4 and 5 of Circular 06/2022/TT-BKHDT and a number of regulations as follows:

+ Small and medium-sized enterprises are supported with costs to rent and purchase digital transformation solutions that have been announced on the Portal or the website of the Ministry of Information and Communications or the website of the provider.

+ Small and medium enterprises assess their readiness for digital transformation to propose appropriate support. Small and medium-sized enterprises use the digital conversion assessment toolkit posted at https://digital.business.gov.vn or https://dbi.gov.vn or by agencies and organizations issued by the small and medium-sized enterprise support organization.

+ Agencies and organizations supporting small and medium-sized enterprises use the results of the assessment of the digital transformation of small and medium-sized enterprises to consider support suitable to the receiving capacity of small and medium-sized enterprises.

Circular 06/2022/TT-BKHDT takes effect from June 25, 2022; Annul the Circular 05/2019/TT-BKHDT and Circular 06/2019/TT-BKHDT.

4. Adjustment of regulations on soliciting expertise when settling complaints in the Vietnamese People's Police

According to Circular 23/2022/TT-BCA dated May 16, 2022 stipulating the competence, order and procedures for settling complaints in the Vietnam People's Police, the Minister of Public Security has adjusted the regulations on expropriation. expertise when handling complaints.

Specifically, the solicitation of expertise when carrying out complaint settlement procedures in the Vietnam People's Police is regulated as follows:

- The complaint settler or the head of the agency or unit tasked with verifying the decision to solicit expertise when deems that it is necessary to have an assessment of professional and technical contents as a basis for the assessment. conclusion of the complaint.

- In case the complainant, the complainant, the relevant agency, organization or unit requests to solicit expertise, the complaint settler or the head of the agency or unit assigned to verify the decision intend to solicit expertise if such request is well-founded.

- A decision to solicit expertise, clearly stating the name of the assessment agency or organization; information, documents and evidences to be assessed; assessment request content; time limit for sending assessment conclusions.

(Currently, when deeming that it is necessary to have the assessment of a professional agency as a basis for concluding the complaint content, the person competent to settle complaints or the person responsible for verifying the decision to solicit the complaint , the organization has the authority to inspect.

The decision to solicit expertise shall be made according to the prescribed form).

Circular 23/2022/TT-BCA takes effect from June 30, 2022, replacing Circular 11/2015/TT-BCA.

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