Legal Document Updates in English (07/2016)

TO ISSUE ACCOUNTING CERTIFICATES TO REPLACE
THE ACCOUNTING PRACTITIONER CERTIFICATES
 

In accordance with the Law on Accounting No. 88/2015/QH13 passed by the National Assembly on November 20, 2015, from 2017, to issue the accounting certificates to replace the accounting practitioner certificates. The accounting practitioner certificates granted before 2017 are as valid as accountant certificates.

A person must satisfy standards in order to obtain an accountant certificate as possessing professional ethical qualities, being truthful and integrated, and having a sense of law observance; and possessing a bachelor’s degree or higher in finance, accounting, audit or another discipline according to regulations of the Ministry of Finance or passing an examination for an accountant certificate.

Another important is the condition on registration of accounting service practice. The holder of an accountant certificate or auditor certificate prescribed in the Law on Independent Audit may register his/her accounting service practice through an accounting service enterprise or accounting service business household if he/she has full civil capacity; has at least 36 months’ experience in financial, accounting or audit work since graduation from university; and has participated in all refresher training programs as prescribed. The person who satisfies all conditions prescribed in Clause 1 of this Article may register his/her practice and be granted a certificate of accounting

THE MINIMUM INSURANCE SUM IS VND 100 MILLION/ WORKERS/CASE
 

In accordance with the Decree No. 119/2015/ND-CP dated November 13, 2015 of the Government prescribing compulsory insurance in construction investment activities, for insurance for workers on construction sites: The minimum insurance sum is VND 100 million/person/case. The specific indemnities for workers who are injured or die due to labor accidents or occupational diseases must comply with the guidance of the Ministry of Finance.

Similarly, except for works related to national defense, security and state secrets, project owners or contractors, if work insurance premiums are already included in contractual prices, shall buy underway work insurance for works and work items which affect the community safety; construction investment works which greatly affect the environment and are on the list of projects subject to environmental impact assessment; and amending, supplementing or replacing documents (if any); works with special technical requirements and complicated construction conditions as prescribed by the law on construction and relevant laws. Consultancy contractors shall buy construction investment consultancy professional liability insurance for jobs of construction survey and

COMMERCIAL INFORMATION MAY NOT BE SENT TO ELECTRONIC ADDRESSES OF RECIPIENTS
WHEN THE LATTER HAS NOT YET CONSENTED
 

Commercial information may not be sent to electronic addresses (means an address used to send and receive information in cyberspace, including email address, telephone number, internet address and other similar forms) of recipients when the latter has not yet consented or has refused to receive, unless the recipients are obliged to receive information under law.

This is one of the important content prescribed at the Law on Cyberinformation Security No. 86/2015/QH13 passed by the National Assembly on November 19, 2015, takes effect on July 01, 2016 on protecting personal information in cyberspace, the Law prescribes that Individuals shall themselves protect their personal information and comply with the law on provision of personal information when using services in cyberspace; Organizations and individuals that process personal information shall collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information. At the same time, state management agencies shall  establish online information channels for receiving petitions and reports from the public which are related to security assurance for personal information in cyberspace and  annually inspect and examine personal

PROHIBIT DECLARING FALSE INFORMATION, DISTORTING STATISTICAL DATA
AND INFORMATION
 

One of the most important content prescribed at the Law on Statistics No. 89/2015/QH13 passed by the National Assembly on November 23, 2015 is the regulations on prohibited acts in state statistical activities and use of state statistical information.

Accordingly, the Law Prohibited acts in state statistical activities and use of state statistical information include  declaring false information, distorting statistical data and information; intervening, forcing, imposing, corrupting, threatening or seducing other persons to provide false information or distort statistical data and information or use statistical information;  failing to properly implement regulations of statistical survey plans, statistical reporting regimes, and use of administrative data for statistical activities; and modifying information when conducting statistical surveys, making statistical reports, or providing information from administrative data; reporting, publicizing or disseminating inaccurate statistical information; disclosing statistical information on the list of state secrets; disclosing statistical data and information not yet publicized;

REGULATIONS ON QUESTIONING AT THE NATIONAL ASSEMBLY’S SESSIONS
 

On November 20, 2015, the National Assembly passed the Law on Oversight Activities of the National Assembly and People’s Councils No. 87/2015/QH13; within that, the most important content is the Questioning and consideration of answers at the National Assembly’s sessions.

Accordingly, from July 01, 2016, the questioning activity at a session of the People’s Council must follow the following order as a People’s Council deputy raises questions and may provide illustrating information in image or video or specific material proofs; the questioned person directly gives full answers on the matter raised by the People’s Council deputy and may not authorize another person to give answers; and identifies responsibilities, measures and deadline for settlement of limitations or problems (if any); if disagreeing with the answers, the People’s Council deputy may raise questions to the questioned person; other persons may be invited to the meeting and answer questions of People’s Council deputies on matters under their charge. The questioned person shall directly answer in writing. The written answer shall be sent to the National Assembly deputy who raised the question, the Standing