According, after receiving a court’s notice regarding acceptance of a petition for initiation of bankruptcy process against an insolvent enterprise or cooperatives which is a judgment debtor (obligated to execute the judgment), the head of civil enforcement agency shall issue a decision on temporary suspension of judgment enforcement against its asset(s), other than a judgment forcing the insolvent enterprise or cooperatives to compensate for lives, health, honor or salaries of employees.
The decision on temporary suspension of judgment enforcement shall be made within 5 working days from the date on which the court’s notice is received.
If an enterprise declared bankrupt is a judgment creditor, the civil enforcement agency shall keep the enforcement as per the law. The bailiff shall give a notice of enforcement result to the bankruptcy trustees, asset management enterprise and the bankruptcy judge to plan the division of collected assets.
This Joint Circular takes effect from August 1st, 2018.
Accordingly, in principle, investigating authorities are still the authorities competent to handle crime reports and petitions for prosecution.
However, according to the new regulations of this Circular, the Procuracy shall handle a crime report in the case where the investigating authority commits a serious violation of law during verification of the crime report or is suspected of omission of crime.
“serious violation of law” means a situation in which an organization or person having the power to handle crime reports or petitions for prosecution (hereinafter referred to as “competent authority” or “competent person”) fails to comply with or fully comply with the Circular specified in the Criminal Procedure Code 2015 during verification and thus seriously violates the lawful rights and interests of the litigants or affects the truthfulness and integrity of the source of information about criminal activities.
“sign of omission of crime” means a situation in which a competent authority or competent person fails to issue a decision to bring a criminal charge or issues a decision not to bring a criminal charge or delays the handling of a crime report or petition for prosecution despite the fact that there is ample evidence for doing so.
This Joint Circular takes effect from March 1st, 2018 and replaces Joint Circular No. 06/2013/TTLT-BCA-BQP-BTC-BNNPTNT-VKSNDTC dated August 2nd, 2013.
Regarding costs of executing Vietnamese judicial requests, Article 7 of this Joint Circular specifies that in a case where the actual costs have not been determined at the time which the Vietnamese judicial requesting authority prepare documents, such authority shall notify the Vietnamese request payer of paying an advance of VND 3 million to the civil enforcement agency of the province where the Vietnamese judicial requesting authority is located. The amount of such advance shall cover the actual costs at the request of the foreign competent authorities and expenses associated with fund transfer abroad made by the civil enforcement agency.
This Joint Circular takes effect from December 6th, 2016 and replaces Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15th, 2011
Accordingly, representative missions competent to receive the civil registration for Vietnamese citizens residing abroad shall carry out according to Article 3 of the Law on civil status. With regard to countries where two or more representative missions of Vietnam are situated, the representative mission in consular region where the applicant resides shall have the power to receive civil registration. In countries where representative missions are not available, the civil registration shall be carried out at non-resident or convenient representative missions
When requesting a representative mission to handle procedures for civil registration, the applicant must present the original of any of the following documents: passport or passport substitute, ID card, Citizen Identity Card or other unexpired documents with photo and personal information issued by competent authorities to prove his/her identity, and document(s) proving his/her residence in the host country
Documents issued by competent authorities of a host country to use for carrying out civil registration procedures with representative missions do not require consular legalization. Documents in foreign languages included in civil registration dossiers must be translated into Vietnamese or English as regulated.
This Joint Circular takes effect from August 15th, 2016. To replace Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31st, 2008 and Joint Circular No. 06/2012/TTLT-BTP-BNG dated June 19th, 2012.
According to Article 8 of this Circular, in the case the inspection result of imports is not satisfactory, an enterprise may propose a remedial measure to the inspecting authority in writing, such as: recycling, destruction, re-export or repurposing
If the enterprise applies the measure of recycling, the proposal shall specify the recycling plan, location and the person in charge of recycling
This Joint Circular takes effect from September 1st, 2016 and abolishes Joint Circular No. 37/2001/TTLT-BKHCNMT-TCHQ dated June 28th, 2001.
Accordingly, with regard to manners of organization of the science and technology development fund, enterprises may establish the fund as an organization without judicial personality and directly under an enterprise or delegate the enterprises’ officials who conduct multiple concurrent tasks to operate (Article 3)
When establishing this fund, an enterprise shall deliver its written decision on establishment of the fund to the Department of Science and Technology in the province or centrally-affiliated city, where the enterprise’s head office is located, within 30 days, concurrently it shall also submit its regulation on science and technology and its regulation on allocation and use of the fund to the tax authority administering the area where the enterprise’s head office is located upon the enterprise's submission of the report on the initial allocation of the fund (Article 3)
Similarly to the earlier provisions in Article 10 of Circular No. 78/2014/TT-BTC, an enterprise may also extract at the maximum rate of 10% of its pre-tax incomes for the science and technology development fund (Article 4). In addition, the new point of this Circular is to allow a corporation or parent enterprise transfers part(s) of its science and technology development fund to relevant funds of its subsidiaries or affiliates or vice versa. However, the transfer of the fund shall only be applicable for subsidiaries or affiliates that are fully owned by the parent enterprise and it is not allow transferring the fund from Vietnam abroad
This Circular comes into force on September 1st, 2016 and applies to the contribution, management and allocation of the enterprises' science and technology funds from their corporate income tax period in 2016
Upon the effect of this Circular, the following documents shall lose effect: Decision No. 36/2007/QD-BTC dated May 16th, 2007; Circular No. 15/2011/TT-BTC dated February 9th, 2011; Circular No. 105/2012/TT-BTC dated June 25th, 2012; Article 10 of Circular No. 78/2014/TT-BTC dated June 18th, 2014; Form 03-6/TNDN issued together with Circular No. 156/2013/TT-BTC dated November 6th, 2013.
According to Article 3 of this Joint Circular, a foreigner is only allowed to enter border economic zones provided that he/she must not be subject to the “chưa cho nhập cảnh” (“entry not approved”) and “tạm hoãn xuất cảnh” (“suspension from exit”) cases as regulated in Article 21 and Article 28 of Law No. 47/2014/QH13 on entry, exit, transit and residence of foreigners in Vietnam
In addition, the foreigner must present any of the following documents:
a) The passport or lawful international travel document that is still valid for at least 06 months;
b) The border pass and other lawful documents as regulated by laws and in conformity with international treaties entered into by Vietnam and neighboring countries with remaining validity of at least 45 days
Foreigners may stay in border economic zones up to 15 days
The accommodation in border economic zone shall carry out the registration of temporary residence for every foreigner within 12 hours from the time when that foreigner enters that accommodation. The police agency of commune/ward/town where the border economic zone is located or the border economic zone police station shall receive the registration (Article 7)
This Joint Circular takes effect after 45 days from the date on which it is signed.
1. The list of single-window administrative procedures of the Ministry of Finance (81 procedures, Appendix I)
2. The list of single-window administrative procedures of the Ministry of Industry and Trade (5 procedures, Appendix II)
Accordingly, the customs procedures, procedures for issuance of licenses, certificates as prescribed in the above lists are carried online at https://vnsw.gov.vn (the Vietnam National Single Window Portal administrated by the General Department of Vietnam Customs)
This Circular also provides the guidelines in details on the process of registration for the grant of a user account on the Vietnam National Single Window Portal, the process of declaration and receipt of information declared electronically
This Joint Circular takes effect from August 20th, 2016. To replace the contents relating to the implementation of the National single-window mechanism of the Ministry of Industry and Trade prescribed in Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT of June 25th, 2013.