On March 15th, 2019, the Ministry of Justice issued Circular No. 02/2019/TT-BTP stipulating the obligation to participate in compulsory training of lawyers. The circular takes effect from May 5th, 2019
Accordingly, Circular No. 02/2019/TT-BTP provides many new regulations that stand out from Circular 10/2014/TT-BTP as follows:
– Reducing the time to participate in professional training of lawyers at least 8 hours / year (instead of the current regulation of 16 hours / year).
– New regulations on the time for redemption to participate in training in that year (this point has not been stipulated in Circular 10/2014 / TT-BTP). Specifically the following cases:
– Writing legal research papers published in domestic and foreign law specialized journals; …
– Participate in teaching law, law practice skills, ethics and professional law practice at law bachelor training institutions, law training institutions;
– Participate and complete the judicial title training program;
– Participate in and complete professional training courses, lawyers on lawyers and law practice abroad;
– Participate in training programs, seminars, seminars from 1 day or more on the contents specified in Article 3 of Circular 02/2019 organized by the Department of Justice, Department of Justice Assistance and supplementation.
(01 time of participation and completion is estimated by 08 hours of performing the training obligation)
Thus, Circular 02/2019/TT-BTP has been issued to create an open mechanism for training methods to improve skills and allow the conversion of time to participate in compulsory professional training. Service of Lawyers. This provision has both ensured the improvement of professional knowledge of lawyers and is also consistent with the actual situation of lawyers in practice.
On March 7th, 2019, Vietnam Social Insurance issued Official Letter No. 679/BHXH-BT guiding the collection of compulsory social insurance for foreign citizens working in Vietnam effective on 07/3/2019.
Accordingly, Official Letter No. 679/BHXH-BT has the following outstanding contents:
– An employee who is a foreign citizen working in Vietnam is subject to compulsory social insurance when he has a work permit or practice certificate or a practice license issued by a competent Vietnamese agency granting and having an indefinite term labor contract, a labor contract with a term of one year or more with employers in Vietnam.
– From January 1, 2022, the above-mentioned foreign laborers pay 8% of the monthly salary to the retirement and death fund.
Thus, Official Letter No. 679/BHXH-BT has clearly defined the subjects of compulsory social insurance payment, social insurance premiums for workers who are foreign nationals, ensuring consistency in the management of revenue sources of Social insurance fund.
On February 27th, 2019, the Hanoi City Tax Department issued Official Letter No. 7623/CT-TTHT on the corporate income tax policy which set criteria for enterprises to determine deductible expenses.
Accordingly, Official Letter No. 7623/CT-TTHT provides guidelines for determining deductible expenses, after reporting to the General Department of Taxation, specifically:
Article 6, Circular No. 119/2016/TT-BTC, Amending and supplementing Circular No. 78/2014/TT-BTC dated June 18th, 2014 of the Ministry of Finance guiding the implementation of Decree No. 218/2013/ND-CP dated December 26th, 2013 of the Government stipulates and guides the implementation of the Law on Enterprise Income Tax as follows:
Enterprises can deduct all expenses if they meet the following conditions:
a) Actual expenses arising related to production and business activities of enterprises;
b) Expenses with sufficient legal invoices and vouchers as prescribed by law.
c) Expenses if there are invoices for buying goods and services each time with a value of VND 20 million or more (price inclusive of VAT) when payment must have non-cash payment vouchers.
The promulgation of Official Letter No. 7623/CT-TTHT of Hanoi Tax Department shows that this is a regular activity of the agency, in order to support enterprises in solving problems and applying the law on tax.
On December 28th, 2018, the Ministry of Finance issued Circular No. 132/2018/TT-BTC guiding the accounting regime for micro enterprises. This Circular takes effect from February 15th, 2019, applicable to the fiscal year beginning or after April 1st, 2019.
Accordingly, the subjects applying Circular No. 132/2018/TT-BTC are micro enterprises (enterprises with no more than 10 employees paying social insurance; annual revenue or capital of no more than VND 3 billion if they belong to the field In agriculture, forestry, fishery, industry and construction sectors, there are no more than 10 employees paying social insurance and the total revenue is not more than VND 10 billion or the total capital is not more than VND 3 billion in the field of trade and services , including micro-enterprises that pay corporate income tax by the method calculated on taxable income and the method as a percentage of sales of goods and services.
Accounting regime for micro enterprises has the following characteristics:
– Regarding organizational structure: Micro enterprises are arranged in charge of accounting without having to have a chief accountant;
– About accounting books: Micro enterprises are able to build appropriate accounting books themselves. If it is impossible to build by itself, use the form and method of recording in this Circular;
– Regarding accounting methods: Microenterprises do not have demand, they are not required to open accounting accounts but only write applications on accounting books to monitor revenues and incomes;
– Regarding financial statements: Micro enterprises are not required to prepare financial statements to submit to tax authorities. In addition to the prescribed reports, micro enterprises can make accounting reports for corporate governance and management.
It can be seen that, with the above mentioned points, Circular No. 132/2018/TT-BTC is expected to reduce costs and burdens of personnel, and be compact in accounting books, solve points problems when business households switch to enterprises.
On March 15th, 2019, the Ministry of Finance issued Circular No. 13/2019/TT-BTC amending and supplementing a number of articles of Circular No. 180/2015/TT-BTC dated November 13th, 2015 guiding registration of securities transactions on the trading system for unlisted securities. The Circular takes effect from May 1st, 2019.
Accordingly, the circular stipulates additional 02 cases of stock terminated registration on Upcom Stock Exchange, bringing the total to 06 cases, as following:
a) Organizations registering for transactions no longer meet the conditions of public companies according to the notice of cancellation of public company registration of the State Securities Commission;
b) Organizations registering for transactions terminate their existence due to merger, consolidation, division, dissolution or bankruptcy;
c) Organizations registering for transactions is revoked the business registration certificate or establishment license and operates in the specialized field;
d) Organizations registering for transactions approved for listing at the Stock Exchange;
e) Equitized enterprises by the method of offering securities to the public register for trading on the Upcom trading system and are granted business registration certificates, will be canceled their transaction registration after one (01) year from the date of not meeting the conditions for capital or shareholders according to the provisions of Point c, Clause 1, Article 25 of the Securities Law or both of the above conditions.
f) The equitized enterprise registers to trade on the Upcom trading system and are granted a business registration certificate before the effective date of this Circular, if not meet the conditions on capital or shareholders according to the provisions of Point d, Clause 1, Article 6 of this Circular, the transaction registration will be canceled within one (01) year from the effective date of this Circular.
In addition, the Circular also amended the regulations on the time of stock exchange registration. Within 30 days from the end of the public offering of securities in accordance with the law on securities, Public companies that have not listed securities must complete the securities registration at the Vietnam Securities Depository and register for trading on the Upcom Stock Exchange.
The new regulation of the Ministry of Finance helps to complete the process, procedures and records in the direction of facilitating enterprises to register for trading on the Upcom Stock Exchange, especially the equitized State enterprises.
On March 7th, 2019, the Government issued Decree No. 25/2019/ND-CP on amending and supplementing a number of articles of Decree No. 13/2011/ND-CP dated February 11, 2011 of the Government on safety of petroleum projects on land. The Decree takes effect from April 22nd, 2019.
Accordingly, the Decree specifies the safe distance of oil and gas projects, must not carry out activities that are likely to cause direct or indirect damage to the operation and safety of the works oil and gas include: Activities capable of causing fire, subsidence, displacement, digging operations, affecting the pipeline; Plant tree; Discharge of corrosive substances; Organizing meetings with many people, sightseeing and tourism activities without permission of the competent authorities.
The anchoring of waterway, maritime, fishing, sand mining, dredging or other activities in the water can interfere with the operation and safety of oil and gas projects and means of transport to and from oil and gas projects, except for the activities of controlling the flow of water and transport and transport activities on the river, are not carried out.
Besides, it is not allowed to anchor activities of waterway, marine, fishing, sand mining, dredging or other activities in the water that could cause harm to the pipeline; except for water flow and operation control operations, river transport.
New regulations on safety requirements in oil and gas projects have great significance in ensuring labor safety, ensuring health safety for people and protecting the environment in areas near public works oil and gas process, ensuring safety for officials and workers working at the project.
On March 15th, 2019, the Ministry of Finance issued Circular No. 13/2019/TT-BTC amending and supplementing a number of articles of Circular 180/2015/TT-BTC guiding the registration of securities transactions. Contracting on the trading system for unlisted securities. The Circular takes effect from May 1st, 2019.
Accordingly, Circular No. 13/2019/TT-BTC provides changes in transaction registration when changing the number of securities compared to Circular 180/2015/TT-BTC, as follows:
The Circular No. 13/2019/TT-BTC has been amended in the direction that the transaction registration organization changes the transaction registration when changing the number of securities registered for trading on the Stock Exchange. This provision covers cases of changing the registration of transactions, including the case of increasing or decreasing the number of securities registered for trading.
According to the old rules, the cases of changing the registration of transactions include: “The organization registering the transaction shall perform the split or consolidation of stocks, issue additional shares to pay dividends or bonus shares or offer to buy the right to buy shares for existing shareholders to increase charter capital; The organization registering the transaction is separated or merged with the enterprise ”, has not covered all cases of changes in the number of shares registered for trading.
Thus, the Circular No. 13/2019/TT-BTC has included cases of changing transaction registrations (in case of increasing or decreasing the number of securities to be posted.
On April 3rd, 2019, the Center for Information Technology – Vietnam Social Insurance issued Official Letter 330/IT-PM to the social insurance agencies of the provinces and cities directly under the Central Government on the implementation of the Multi-Interactive System means between people and businesses with social insurance agencies.
According to Official Letter No. 330/IT-PM, from April 3rd, 2019, workers can look up their social insurance information through mobile phones by texting their messages. The following method:
1. Look up the time of social insurance participation: TC <space> Social insurance <space> Social Insurance number sent to 8179
For example: Write a message TC BHXH 0110129425 to 8179; Information received: Social Insurance number: 0110129425; Time for social insurance participation: 09 years 07 months; Time to participate in UI: 08 years 08 months.
2. Look up the time of social insurance participation by time: TC <space> social insurance <space> {BHXH number} <space> {month-year word} <space> {to month-year}
Example: Compose a message with TC BHXH syntax 0110129425 012016 122017 and send it to 8179.
3. Look up the time of social insurance participation by year: TC <space> social insurance <space> {social insurance code} <space> {word year} <space> {to year}
Example: Compose a message with TC BHXH syntax 0110129425 2017 2018 and send to 8179.
Official Letter No. 330 / IT-PM dated April 3rd, 2019 was issued to implement Decision No. 681 / QD-BHXH dated May 18, 2018 of Vietnam Social Insurance on approval of the Lease Plan Information technology services “Multimedia interaction system between people and businesses with social insurance agencies”.
On March 27th, 2019, the Ministry of Education and Training issued Decision No. 758/QD-BGDTT on the announcement of the list of conditions for business investment in conditional business lines and trades micro-management functions of the Ministry of Education and Training. The decision takes effect from the date of signing.
Accordingly, the primary school must meet the following conditions for educational activities:
Having a decision on the establishment or permitting the establishment of a school;
Land, campus, facilities and equipment must meet the requirements of educational activities as stipulated in Clause 12 Article 1 Decree No. 135/2018 / ND-CP;
Place to build schools to ensure a safe educational environment for learners, teachers and workers;
There are educational programs and teaching and learning materials in accordance with primary education.
Having teachers, managers and staff who meet the standards, sufficiently in terms of structure, ensuring the implementation of the educational program.
Having sufficient financial resources as required to ensure the maintenance and development of educational activities.
Decision No. 758/QD-BGDDT of the Ministry of Education and Training has facilitated the development of educational activities, business investment activities in the field of education and training.
