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[VietlawOnline] - Weekly Newsletter No. 476 from 22 - 28 Sep. 2020
Cars - Motorcycles:

left_menu_bullet It is required to make adjustments to Decision on investment policies and Investment Registration Certificate upon increase/decrease of investment capital more than 10%
left_menu_bullet Foreign investors are optional if there are various international agreements
left_menu_bullet It is required to have the certification of fulfillment of tax obligation upon making outward investment registration
left_menu_bullet Goods delivered and received at Vietnam’s ports/airports shall not be entitled to 0% VAT
left_menu_bullet Regarding PIT policy applicable to foreign experts
left_menu_bullet Conditions for entering Vietnam on 6 commercial flights
left_menu_bullet Conditions for deferring the payment of land rents due to Covid-19 pandemic’s impact
left_menu_bullet Regarding EIT policy applicable to the activity of capital transfer
left_menu_bullet Issues relating to freight collected on behalf of foreign shipping firms
left_menu_bullet Regarding withholding tax on image repository access service
left_menu_bullet Increase of family circumstance – based deductions means that PIT is reduced too
left_menu_bullet Regarding VAT on goods processed by hiring an EPE as a processor
left_menu_bullet Commercial housing projects must reserve 20% of land area for social housing
left_menu_bullet Regarding certification of regulation conformity of construction glass
left_menu_bullet Regarding deduction of VAT paid on behalf of foreign contractors
Index:
Capital transfer:

- Regarding EIT on incomes from capital transfer of foreign organizations

Environment:

- National climate change adaptation plan for 2021 - 2030 period

Real estates trading:

- Apartments are not subject to limitation on maximum floor area

New documents

1. Regarding EIT on incomes from capital transfer of foreign organizations

Official letter No. 81422/CT-TTHT dated September 7th, 2020 of the Department of Taxation of Ha Noi city regarding declaration and payment of enterprise income tax (EIT) on incomes from the activity of capital transfer of foreign organizations

Posted: 16/9/2020 8:13:14 AM | Latest updated: 18/9/2020 3:13:23 PM (GMT+7) | LuatVietnam: 5047 | Vietlaw: 476

According to point c Clause 2 Article 14 of Circular No. 78/2014/TT-BTCstatus2 , when the Vietnamese party purchases capital contributions (in Vietnam) of a foreign organization, the former shall declare and pay tax on capital transfer on behalf of the latter.

If seller and the buyer of capital contributions in Vietnam are foreign organizations, the tax shall be declared and paid by the enterprise where the capital contributions are transferred.

Purchase price of the transferred capital as the basis for calculation of EIT - liable incomes from the capital transfer activity is determined according to Article 8 of Circular No. 96/2015/TT-BTCstatus2 .

nexto  Guidelines on declaration of withholding tax on incomes from capital transfer of a foreign contractor (22/7/2020) 

nexto  It is liable to VAT upon re-selling a school project (10/9/2020) 

nexto  Regarding PIT on incomes from capital transfer (10/8/2020) 

nexto  Regarding tax policy applicable to capital transfer (19/3/2020) 

2. Apartments are not subject to limitation on maximum floor area

Official letter No. 3555/BXD-QLN dated July 23rd, 2020 of the Ministry of Construction regarding application of criterion for average usable floor area of an apartment per person

Posted: 7/8/2020 2:46:15 PM | Latest updated: 18/9/2020 2:24:42 PM (GMT+7) | LuatVietnam: 5046 | Vietlaw: 476

According to the Ministry of Construction’s opinions, the currently applicable National Technical Regulation on apartment buildings (QCVN 04:2019/BXD issued together with Circular No. 21/2019/TT-BXD) only regulates the limitation on minimum area of an apartment of 25 m2 rather than the limitation on maximum area of the apartment asb well as average floor area of the apartment per person.

However, the application of average floor area of the apartment per person with regard to apartments and mixed-use apartments must be considered allowing by provincial People’s Committees in order to avoid the very high population gathering resulting in failure to ensure conditions of technical infrastructure, social infrastructure.

nexto  Apartments are not subject to limitation on maximum floor area (18/9/2020) 

nexto  Real estate service providers shall not be subject to minimum capital (7/5/2020) 

nexto  Regarding responsibility to housing warranty (28/2/2020) 

nexto  It is not allowable to make provision for devaluation of real estate price (17/1/2020) 

3. National climate change adaptation plan for 2021 - 2030 period

Decision No. 1055/QD-TTg dated July 20th, 2020 of the Prime Minister on promulgating national climate change adaptation plan for 2021 - 2030 period with a vision by 2050

Posted: 18/9/2020 10:42:57 AM | Latest updated: 21/9/2020 8:19:43 AM (GMT+7) | Vietlaw: 476

This Decision takes effect from the date of its signing.

* Eff. date: Monday, July 20, 2020

nexto  It is required to complete the wastewater monitoring system before December 31st, 2020 (23/7/2020) 

nexto  Law on Natural Disaster Management (amended) (9/7/2020) 

nexto  Addition of works requiring hydrometeorological observation (16/4/2020) 

nexto  Schedule of fees for use of environmental data (24/4/2020) 


luuy Notes:
* Above summaries are reference only, NOT considered as an advice and/or consultance
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