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Vietnamese law firm: New law on natural resource taxes to take effect

The new Law on Taxation of Natural Resources, recently passed by the 12th National Assembly, was promulgated on November 25 and includes provisions on resources subject to taxation, taxpayers, bases for computing taxes, and tax exemptions.

Subject to taxation are metallic and non-metallic minerals, crude oil and natural gas; coal gas; forest products (excluding animals); seafood; water (seawater and groundwater); bird’s nests; and other resources as defined by the National Assembly Standing Committee.

Under the law, taxpayers shall register for, declare, calculate and pay taxes due pursuant to provisions in the Law on Tax Administration.

This law takes effect on July 1, 2010, and replaces the Ordinance on Taxation of Natural Resources.

Circular supports foreign construction standards

The Ministry of Construction issued Circular No 40/2009/TT-BXD on application of foreign construction standards in Viet Nam. Accordingly, foreign standards may be voluntarily applied but must ensure that survey, design, and execution of construction works must conform with national technical standards in construction and other related fields. In addition, the foreign standards must be reviewed and approved by the authority responsible for issuing the investment licence for the construction project before any preliminary designs are made. Investors must submit a dossier which includes a list of codes and names of the standards, contents of the standards in full (translated into Vietnamese) and an explanation on how the standards would meet the above-mentioned conditions. The new circular takes effect on February 1 and replace Decision No 09/2005/QD-BXD.

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Guidelines to ensure quality of residential construction

The Ministry of Construction issued Circular No 39/2009/TT-BXD on December 9 regulating construction of freestanding dwellings. This circular is not only applied for individuals and households but also to investors in construction of standalone residential units. Under this circular, construction must comply with the following principles: (i) designs must recognise the status of boundary lines, foundations and the status of adjacent buildings; (ii) construction projects must be licensed, and (iii) construction must ensure the quality of works, labour safety and environmental hygiene.

This circular also provides guidelines for surveying land boundaries and inspecting the quality of foundations in order to avoid disputes which may arise and guarantee the safety of adjacent buildings.

Regarding a separate dwelling-house which has a total floor area of more than 250sq.m or three or more storeys, the design and construction survey must be undertaken by contractors which qualifications as stipulated by law. Moreover, before tearing down any existing structures, the homeowner must give notice to the People’s Committee of the commune or ward and to neighbours. Such dismantling work must also be carried out by a qualified organisation.

The circular takes effect on February 1/2010.

VietNamNet/Viet Nam News

by Lawyers of Bizconsult Law Firm