COMMERCIAL LAWS\

¤ Circular No. 101/2017/TT-BTC guiding Decree No. 06/2017/ND-CP regarding gambling on horse racing, greyhound racing and international football
Effective date: 1 December 2017
The Circular elaborates on

  •  procedures for establishment of racing supervision councils by companies engaging in gambling on horse racing and greyhound racing; and
  •  financial management, accounting, auditing and reporting.
    The Circular also enact various templates in relation to application for business licenses.

¤  Circular No. 102/2017/TT-BCT guiding Decree No. 03/2017/ND-CP regarding casino business
Effective date: 1 December 2017
Companies engaging in casino business are required to

  •  supervise entry into business locations;
  •  keep documents regarding financial capacity of customers;
  •  apply proper accounting methods in connection with entry tickets, income and profit from casino business and operation costs; and
  •  register casino token with the competent authority before use.

¤ Circular No. 42/2017/TT-BCA guiding Decree No. 96/2016/ND-CP regarding conditions on security and order applied to some conditional business lines
Effective date: 6 December 2017
The Circular elaborates on:

  •  the licensing procedures for obtaining/revoking certificates of satisfaction of security and order conditions;
  •  setting up plans on security and order;
  •  post-licensing inspection;
  •  reporting requirements; and
  •  uniforms in connection with security services which are applied to some conditional business lines.

The Circular also enact various templates in connection with the licensing procedures and management of casino business.

¤ Decree No. 119/2017/ND-CP regarding settlement of administrative violations on regulations on measurement and quality of goods
Effective date: 15 December 2017
This Decree provides for sanctions, authority and procedures for applying sanctions in case of violations on:

  •  measuring;
  •  standards, technical specifications, quality of goods; and
  •  label and bar codes.

The penalties will be subject to nature of violations and the mitigating or aggravating circumstances.

¤ Decree No. 105/2017/ND-CP regarding wine business

Effective date: 1 November 2017

Issues taken into account under this Decree include manufacturing, importation, distribution, wholesale, retail and consumption of wine.

Organizations and individuals engaging in manufacturing and trading of wine shall meet compulsory conditions and obtain relevant licenses.

The Decree however does not apply to activities such as exporting, temporary importation, temporary exportation, transit or importation for business in duty free zones.

¤ Decree No. 94/2017/ND-CP regarding State monopoly goods, services and commercial areas

Effective date: 1 October 2017

The list enumerates 20 types of goods and services under the State monopoly.  Some of them are:

  • industrial explosive materials: State’s monopoly on manufacturing, trading, export, import, temporary import for re-export and transit within the territory of Vietnam;
  • gold bar: State’s monopoly on manufacturing within the territory of Vietnam;
  • gold material: State’s monopoly on export and import to manufacture gold bar within the territory of Vietnam;
  • cigarettes and cigars: State’s monopoly on import within the territory of Vietnam, except for import for duty free selling business
  • fireworks and related services: State’s monopoly on manufacturing, export, import, sell, purchase, storage and transport within the territory of Vietnam; and
  • publication products: State’s monopoly on publication within the territory of Vietnam, excluding of printing and issuance.

¤ Circular No. 65/2017/TT-BTC promulgating list of goods for import and export of Vietnam

Effective date: 1 January 2018

The Vietnam Ministry of Finance issued Circular No. 65/2017/TT-BTC on 27 June 2017 promulgating list of goods for import and export in replacement of the list attached in Circular No. 103/2015/TT-BTC.

The new list increases 1255 codes of goods compared to its predecessor.  In which, 2321 codes are updated with new descriptions specifying the changes on technology, technique, commercial features and environment standards in order to satisfy administration demand and trends of international trade.

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