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Legal Updates
HCMC, dated 15/07/2003

Legal consultancy

- The Government issued Decree No. 65/2003/ND-CP on June 11, 2003 governing the organization and operation of legal consulting services.

Import and Export

- Decision 0665/2003/QD-BTM from the Ministry of Trade issued on June 4, 2003 regarding granting of VISA for textiles and garments exported to the US.

    Under the Decision, the Offices of Import, Export Management of Hanoi, Danang, Vung Tau, Ho Chi Minh City, and Dong Nai are authorized to grant VISA for textile and garment items exported to the US.

- Circular 03/2003/TT-BTM from the Ministry of Trade issued on June 5, 2003 guiding the granting of VISA for export of textiles and garments to the US under the Vietnam-US Textile and Garment Agreement.

- To deal with the situation of fake appellation of origin of goods made in Vietnam, the General Department of Customs has issued Dispatch 2989/TCHQ-GSCL on June 25, 2003 regarding prevention of fake appellation of origin “Made in Vietnam” and illegal transportation of goods.

Taxation

- The law on amendments and additions to a number of articles of the value-added tax law was passed by the National Assembly on May 27.

    The National Assembly Standing Committee no longer has the right to adjust the list of items subject to VAT or to amend VAT rates.

- The law on amendments and additions to a number of articles of the Law on Special Consumption Tax was also passed by the National Assembly on May 27.

    Motors are included in the special consumption tax. Tax rates for discotheques, karaoke houses, and massage parlours were increased.

- The Law on amendments and additions to a number of articles of the Law on Corporate Income Tax was passed by the National Assembly on May 27. The tax rate of 28 percent is now uniformly applicable to domestic and foreign-invested enterprises.

- The government issued Decree 78/2003/ND-CP on July 1, 2003 specifying the list of Vietnam commodities and tariffs to implement the Common Effective Preferential Tariff (CEPT) of Asean countries in 2003-2006. Guidelines to implement this Decree is given in the Ministry of Finance’s Circular 64/2003/TT-BTC dated July 1, 2003.

- Import duty rates for 1,416 items are scheduled to be reduced. In the first instance, import duty rate of 755 of such items as confectioneries, tiles, construction potteries, tires and cosmetics shall be 20 percent by 2003; 15 per cent by 2004; 10 per cent by 2005. By 2006, import duty rate shall be reduced to 5 per cent, 3 per cent and 0 per cent. The previous rate under MFN was 40 per cent.

Fees and charges

- Circular 55/2003/TT-BTC dated June 4, 2003 of the Ministry of Finance amending and supplementing Circular 28/2000/TT-BTC dated April 18, 2002 guiding Decree 176/1999/ND-CP dated December 12, 1999 on registration fees.

Government organization

- Decree 55/2003/ND-CP issued by the government on May 28, 2003 specifying functions, responsibilities, authorities and organization of the Ministry of Industry.

- Decree No. 34/2003/ND-CP of April 4, 2003 specifying functions, responsibilities, authorities and organizational structure of the Ministry of Transport.

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