Over the past time, people across the country has vehemently denounced China’s illegal placement of an oil rig in Viet Nam’s waters. Some protesters violated legal regulations by damaging property of the State, individuals and enterprises, including foreign-invested ones, resisting on-duty officials, and affecting social security, order, safety and business production.
The Government has taken comprehensive measures to timely prevent and strictly punish the lawbreakers. As a result, the situation has been put under control. Most of the affected enterprises have resumed operation.
The Government has also continued necessary measures in line with Viet Nam’s law and its international commitments to ensure absolute safety for foreign agencies, businesses and nationals in Viet Nam.
To help those enterprises, PM Nguyen Tan Dung requested:
1. The Ministry of Foreign Affairs continues providing full information to countries and territories regarding the current situation and the Government’s instructions thereof, asking foreign Governments to encourage their businesses to continue investing in Viet Nam.
2. Ministries, agencies, localities, enterprises and laborers are requested work together to early overcome the consequences and develop production for common benefits. Ministries, agencies and localities directly work with enterprises, in a constructive spirit, to take all proper measures to help damaged enterprises, focusing on the following tasks:
a) The relevant provincial People’s Committees must dispatch their officials to work directly with each of the damaged enterprises to fully grasp the situation and immediately announce units responsible for receiving and settling issues related to administrative affairs, especially the restoration, verification, provision of dossiers, documents and papers for assessing the value of damaged properties and application of relevant policies and mechanisms. In case the dossiers, company documents and papers are lost, the competent agencies are allowed to proceed on the basis of the enterprises’ commitments and post-inspection checks.
b)The Ministry of Finance takes prime responsibility and coordinates with other relevant ministries, agencies and localities to:
- Provide instructions to insurance companies to evaluate and put the damage under the categories of ensured items; quickly identify the damaged value for compensation with simple and streamlined procedures; offer cash compensation in advance for cases in which the insurance scope and coverage are clear.
- Direct tax and customs agencies, based on the real damage suffered by the enterprises, extend the deadline for submiting tax declaration forms by the enterprises; extend the deadline for paying tax and other items prescribed by law which were generated in Viet Nam before May, 2014 and have not been paid. The maximum extended time is two years.
- Direct customs agency to reduce, exempt import/export tariff in accordance with legal regulations and refund export/import tax for damaged goods; allow customs clearance for lots imported/exported goods that the taxes on which have yet to be paid.
- Direct tax agencies to quickly deduct or refund input value-added tax imposed on damaged goods and services that are not compensated, including the cases where related documents and invoices are lost.
- Direct tax agencies to instruct the enterprises to declare expenses that are deductible upon determination of taxable incomes for the damaged items which are not compensated or subjected to compensation as well as payment for interests on loans to contribute to charter capital to overcome the consequences.
- Provide instructions for the reduction of a maximum of 30% of special consumption tax subjected to pay in 2014 but the reduced volume must not exceed the value of damaged property after compensation.
c) The Provincial and centrally-run People’s Committees offer the reduction, exemption of land rents for the hit enterprises. In case, the enterprises hire infrastructure with land use right, land rents will be exempted, or reduced. The money will be deducted in the hiring fees paid by the damaged enterprises.
d) The Ministry of Labor, Invalids and Social Affairs directs localities to take proper measures to support manpower supply. The Ministry of Public Security creates all favorable conditions in issuance of entry visa to the affected companies that require additional foreign laborers.
To meet the urgent labor demand, the Government allows the recruitment of foreign experts provided that they have the minimum education background of bachelor/tertiary level or at least five-year working experience in the area that they are recruited to work in Viet Nam. For granting of work permits for foreigners residing in Viet Nam for over 6 months, foreigners only need to submit criminal records issued by the Vietnamese competent authority.
For the enterprises which suffered from damage and have not resumed production and are unable to pay salary for laborers from April to June this year, the Ministry of Labor, Invalids and Social Affairs and the Viet Nam Social Security coordinate with provincial and centrally-run People’s Committees to make a list and apply regulations on unemployment insurance in order to pay the unpaid salary to the laborers.
The Ministry of Labor, Invalids and Social Affairs takes the prime responsibility and coordinates with the Ministry of Finance to supervise the implementation of localities and submit to the Government measures and orientations applicable after June this year.
đ) The State Bank of Viet Nam directs credit organizations to actively take timely measures to remove difficulties in lending to the enterprises to help them quickly resume production.
e) The Ministry of Public Security quickly investigates and strictly punish lawbreakers while actively tracing, taking back and returning looted properties and technical equipment to the affected organizations, individuals and enterprises./.
The Government has also continued necessary measures in line with Viet Nam’s law and its international commitments to ensure absolute safety for foreign agencies, businesses and nationals in Viet Nam.
To help those enterprises, PM Nguyen Tan Dung requested:
1. The Ministry of Foreign Affairs continues providing full information to countries and territories regarding the current situation and the Government’s instructions thereof, asking foreign Governments to encourage their businesses to continue investing in Viet Nam.
2. Ministries, agencies, localities, enterprises and laborers are requested work together to early overcome the consequences and develop production for common benefits. Ministries, agencies and localities directly work with enterprises, in a constructive spirit, to take all proper measures to help damaged enterprises, focusing on the following tasks:
a) The relevant provincial People’s Committees must dispatch their officials to work directly with each of the damaged enterprises to fully grasp the situation and immediately announce units responsible for receiving and settling issues related to administrative affairs, especially the restoration, verification, provision of dossiers, documents and papers for assessing the value of damaged properties and application of relevant policies and mechanisms. In case the dossiers, company documents and papers are lost, the competent agencies are allowed to proceed on the basis of the enterprises’ commitments and post-inspection checks.
b)The Ministry of Finance takes prime responsibility and coordinates with other relevant ministries, agencies and localities to:
- Provide instructions to insurance companies to evaluate and put the damage under the categories of ensured items; quickly identify the damaged value for compensation with simple and streamlined procedures; offer cash compensation in advance for cases in which the insurance scope and coverage are clear.
- Direct tax and customs agencies, based on the real damage suffered by the enterprises, extend the deadline for submiting tax declaration forms by the enterprises; extend the deadline for paying tax and other items prescribed by law which were generated in Viet Nam before May, 2014 and have not been paid. The maximum extended time is two years.
- Direct customs agency to reduce, exempt import/export tariff in accordance with legal regulations and refund export/import tax for damaged goods; allow customs clearance for lots imported/exported goods that the taxes on which have yet to be paid.
- Direct tax agencies to quickly deduct or refund input value-added tax imposed on damaged goods and services that are not compensated, including the cases where related documents and invoices are lost.
- Direct tax agencies to instruct the enterprises to declare expenses that are deductible upon determination of taxable incomes for the damaged items which are not compensated or subjected to compensation as well as payment for interests on loans to contribute to charter capital to overcome the consequences.
- Provide instructions for the reduction of a maximum of 30% of special consumption tax subjected to pay in 2014 but the reduced volume must not exceed the value of damaged property after compensation.
c) The Provincial and centrally-run People’s Committees offer the reduction, exemption of land rents for the hit enterprises. In case, the enterprises hire infrastructure with land use right, land rents will be exempted, or reduced. The money will be deducted in the hiring fees paid by the damaged enterprises.
d) The Ministry of Labor, Invalids and Social Affairs directs localities to take proper measures to support manpower supply. The Ministry of Public Security creates all favorable conditions in issuance of entry visa to the affected companies that require additional foreign laborers.
To meet the urgent labor demand, the Government allows the recruitment of foreign experts provided that they have the minimum education background of bachelor/tertiary level or at least five-year working experience in the area that they are recruited to work in Viet Nam. For granting of work permits for foreigners residing in Viet Nam for over 6 months, foreigners only need to submit criminal records issued by the Vietnamese competent authority.
For the enterprises which suffered from damage and have not resumed production and are unable to pay salary for laborers from April to June this year, the Ministry of Labor, Invalids and Social Affairs and the Viet Nam Social Security coordinate with provincial and centrally-run People’s Committees to make a list and apply regulations on unemployment insurance in order to pay the unpaid salary to the laborers.
The Ministry of Labor, Invalids and Social Affairs takes the prime responsibility and coordinates with the Ministry of Finance to supervise the implementation of localities and submit to the Government measures and orientations applicable after June this year.
đ) The State Bank of Viet Nam directs credit organizations to actively take timely measures to remove difficulties in lending to the enterprises to help them quickly resume production.
e) The Ministry of Public Security quickly investigates and strictly punish lawbreakers while actively tracing, taking back and returning looted properties and technical equipment to the affected organizations, individuals and enterprises./.
