Highlight of the Most Notable Documents of the Past Week

In the past week (from April 2, 2018, to April 7, 2018), Thu Ky Luat has updated several new documents in the fields of finance, commerce, Communist Party, etc., as follows:

  1. Declarations and Commitments of Exported Goods

On April 03, 2018, the Ministry of Industry and Trade issued Circular 05/2018/TT-BCT defining the origin of goods along with the following declarations and commitments of exported goods:

- Appendix II and III: Declarations of exported goods meeting the criteria "Wholly Obtained" (WO);- Appendix IV: Declarations of exported goods meeting the criteria "Wholly Obtained in the ASEAN-Korea Free Trade Area" (WO-AK);- Appendix V: Declarations of exported goods meeting the criteria "Change in Tariff Classification" (CTC);- Appendix VI: Declarations of exported goods meeting the "De Minimis" criteria;- Appendix VII: Declarations of exported goods meeting the criteria "Local Value Content" (LVC);- Appendix VIII: Declarations of exported goods meeting the criteria "Regional Value Content" (RVC);- Appendix IX: Declarations of exported goods meeting the criteria "Goods produced entirely in a member country from materials originating from one or more member countries" (PE).

Circular 05/2018/TT-BCT is effective from April 03, 2018.

  1. Publication of New List of Domestically Produced Machinery and Equipment

Circular 01/2018/TT-BKHDT issued by the Ministry of Planning and Investment regulates the list of machinery, equipment, spare parts, specialized transport vehicles, raw materials, supplies, and semi-finished products produced domestically. Specifically:

- List of domestically produced specialized transport vehicles (Appendix I);- List of domestically produced machinery and equipment (Appendix II);- List of domestically produced construction materials (Appendix III);- List of domestically produced raw materials, supplies, components, and spare parts (Appendix IV);- List of domestically produced automotive components and spare parts (Appendix V);- List of domestically produced materials necessary for oil and gas activities (Appendix VI);- List of domestically produced raw materials, supplies, and semi-finished products for shipbuilding (Appendix VII);- List of domestically produced machinery, equipment, raw materials, supplies, and components for telecommunications, information technology, digital content, and software industries (Appendix VIII);- List of domestically produced plant varieties, animal breeds, fertilizers, and pesticides (Appendix IX).

Circular 01/2018/TT-BKHDT is effective from May 15, 2018 and replaces Circular 14/2015/TT-BKHDT.

  1. Guidance on Disciplinary Actions for Communist Party Members Committing Criminal Offenses

Guidance 04-HD/UBKTTW (effective from March 22, 2018) on the implementation of Regulation 102-QD/TW of the Politburo on disciplinary actions against Communist Party members committing violations stipulates:

- When discovering that a party member has committed a violation to the extent of criminal liability, the party executive committee, the standing committee, and the inspection committee from district level upwards must transfer the dossier to the judicial authorities for handling, not retaining it for internal disciplinary action;- Communist Party members violating the law being handled by competent legal authorities shall not be subjected to disciplinary action by the party organization simultaneously;- Within 15 days from the date the court's judgment against a Communist Party member sentenced to non-custodial reform or higher takes effect, the court must send the judgment to the party executive committee, the standing committee, or the inspection committee managing the party member;- Based on the judgment, the inspection committee decides or recommends the party executive committee or the standing committee of the party executive committee to decide on disciplinary expulsion of the party member according to regulations.

  1. Year 2018: Interest Rate for Social Housing Loans at 4.8% per Year

On April 03, 2018, the Prime Minister of the Government of Vietnam signed Decision 370/QD-TTg on preferential loan interest rates for social housing at the Vietnam Bank for Social Policies under Decree 100/2015/ND-CP. Accordingly:

- Beneficiaries of social housing purchase, lease-purchase; new construction, or repair and renovation of houses can borrow at an interest rate of 4.8% per year (equivalent to 0.4% per month) in 2018;- The overdue debt interest rate is calculated at 130% of the loan interest rate;- Annually, the Vietnam Bank for Social Policies will propose interest rate adjustments as appropriate.

Decision 370/QD-TTg is effective from the date of signing.

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