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Online business registrations restricted
The Ministry of Planning and Investment has issued Circular No 14/2010/TT-BKH guiding Decree No 43/2010/ND-CP on business registration.
Decree No.43 provided that business registration could be completed online using the National Enterprises Registration Information Gate. However, Circular No.14 limits online registration only to companies that have registered an electronic signature – in practice, a procedure with which it is difficult to comply and applicable to only a limited number of companies. Without this registered electronic signature, application dossiers must still be submitted in paper form.
The new circular also contains provisions on enterprise names and registered addresses, now requiring firms to complete tax procedures with tax authorities prior to registering a change of address with the provincial business registrar.
The circular also introduces a new form of enterprise registration certificate, combining the old business and tax registration certificates. The new form will be issued whenever a firm changes the content of its business registration.
Foreign experts on ODA-funded projects
The Ministry of Planning and Investment and the Ministry of Finance issued Joint Circular No.12/2010/TTLT-BKHDT-BTC on May 28, to provide guidelines on the use of foreign experts on ODA-funded programmes and projects in Viet Nam. The regulations were issued in conjunction with Prime Minister's Decision No.119/2009/QD-TTg.
Under the new joint circular, the project owner is required to request the governing body (i.e. the investment decision making body of investment project or technical support project approval body) to certify the expert status of the foreign expert within 30 working days from the valid date the expert's employment contract. This certification requires the submission of certain documentation outlined in the joint circular.
To apply for an exemption from personal income taxes on the foreign expert's income, the project owner or contractor must apply to the local tax authority.
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