LEGAP UPDATES - NOVEMBER 2020
The Legal Updates of November 2020 focus on bidding, commerce and tax fields, as follows:
Ministry of Planning and Investment officially issued Circular No. 06/2020/TT-BKHDT guiding the implementation of Government’s Decree No. 25/2020/ND-CP in relation to a number of articles of the Law on Bidding on Bidder Selection with effectiveness as from 5 November 2020 (“Circular 06”). There are five appendices issued in conjunction with this Circular which are relating to the process of selecting investors. The notable points of Circular 06 include (i) the implementation plans of investment projects in case there is only one investor meeting preliminary qualification and experience requirements and (ii) the extension of the deadline for submitting the application in case of the e-procurement system’s failure.
The Ministry of Industry and Trade promulgated Circular No. 26/2020/TT-BCT guiding pilot auction of tariff-rate quota for sugar in 2020 (“Circular 26”) within effective period from 11 September 2020 until 31 December 2020. Circular 26 details the auctioned tariff-rate quota for sugar, auction rules and the notification of granting the right to use tariff-rate quota.
The Prime Minister has issued the List of Imported Goods Banned from Storage in Bonded Warehouses in relation to Cigarettes of tobacco or tobacco substitutes and Spirits under Decision No. 27/2020/QD-TTg. This Decision is effective on 15 November 2020.
Decree No. 125/2020/ND-CP of Government regulates penalties for administrative infringement of tax and invoices with effectiveness as from 5 December 2020 (“Decree 125”). Decree 125 consolidates regulations on penalties for tax and invoices infringement under Decrees No. 129/2013/ND-CP and No. 109/2013/ND-CP, Circulars No. 166/2013/TT-BTC, No. 10/2014/TT-BTC, and No. 176/2016/TT-BTC. In addition, Decree 125 provides higher rate of monetary penalties for certain tax offences and more cases under which infringement of tax and invoices shall not be sanctioned.