Legal Document Updates in English (14/2016)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

53/2016/TT-BTC

Circular No. 53/2016/TT-BTC dated March 31, 2016 of the Ministry of Finance on amending and supplementing a number of articles of the Circular No. 200/2014/TT-BTC dated December 22, 2014 of the Ministry of Finance guiding the corporate accounting system

 

* Accounting documents written must be translated into Vietnamese language

Page 2

INVESTMENT

 

INVESTMENT

2

136/2015/ND-CP

Decree No. 136/2015/ND-CP dated December 31, 2015 of the Government guiding the implementation of a number of articles of the Law on Public Investment

 

* Adjustment on classification of public investment programs and projects

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

3

37/2016/TT-BTC

Circular No. 37/2016/TT-BTC dated February 29, 2016 of the Ministry of Finance prescribing interest rate of the Development Fund of small-and medium sized enterprises

 

* Interest rate of the Development Fund of SMEs

Page 3

4

34/2015/TT-NHNN

Circular No 34/2015/TT-NHNN dated December 31, 2015 of the State Bank of Vietnam guiding the provision of foreign currency receipt and payment services

 

* A credit institutions only takes direct foreign currency receipt and payment activities of economic organizations

Page 3

ECONOMIC – SOCIAL POLICIES

 

ECONOMIC – SOCIAL POLICIES

5

01/NQ-CP

Resolution No. 01/NQ-CP dated January 07, 2016 of the Government on major tasks and solutions for directing and administering the implementation of the 2016 socio-economic development plan and state budget estimates

 

* To supplement payroll in health, education and training

Page 3

 

 

SUMMARY:

 

Ü  ENTERPRISE


ACCOUNTING DOCUMENTS WRITTEN MUST BE TRANSLATED
INTO VIETNAMESE LANGUAGE
 

This is the content prescribed at the Circular No. 53/2016/TT-BTC dated March 21, 2016 of the Ministry of Finance on amending and supplementing a number of articles of the Circular No. 200/2014/TT-BTC dated December 22, 2014 of the Ministry of Finance guiding the corporate accounting system.

In particular, the accounting documents written in foreign language, when being used to record in accounting books in Vietnam, must be translated into Vietnamese language. The documents which are seldom generated or generated many times but different content must be translated all contents of accounting documents. For the documents which are generated many times with the same content, the first copy must be translated all, from the second copy onwards, only essential contents are translated such as name of document, name of making unit and person, name of receiving unit and person, economic content of document, title of document signer….The translator must sign, specify full name and take responsibility for the contents translated into Vietnamese. The copy of translated document must be attached to the original copy in foreign language.

 

The documents with attached documents such as contract, dossier with attached payment documents, dossier of investment project, finalization report and other relevant documents shall not have to be translated into Vietnamese language unless required by the competent state authority.

On accounting principles, the Circular prescribes that upon disposal or sale of trading securities (taking into account each class of securities), the prime cost of trading securities is determined by one of the methods of first in first out or weighted average. The enterprises must apply the consistent method to choose and calculate the prime cost of trading securities in financial year. In case of change of method for calculation of prime cost of trading securities, the enterprises must make presentation and explanation in accordance with the accounting standards.

This Circular takes effect on the signing date for circulation and application for the financial year starting on or after January 01, 2016.

Ü INVESTMENT


ADJUSTMENT ON CLASSIFICATION OF PUBLIC INVESTMENT PROGRAMS
AND PROJECTS
 

In accordance with the Decree No. 136/2015/ND-CP dated December 31, 2015 of the Government guiding the implementation of a number of articles of the Law on Public Investment, the first adjustment of the criterion of total investment may be considered only when the annual average consumer price index increases over 30% compared to that of 2015; Subsequent adjustments shall be considered only when the annual average consumer price index increases over 30% compared to that of the year of the previous adjustment.

The time of appraisal of prefeasibility study reports of group-A projects, investment policy proposal reports of programs, group-B and group-C projects, counting from the date the standing body of the appraisal council or agency in charge of appraisal receives a complete and valid dossier, for national target programs: 60 days at most; for target programs: 45 days at most; for group-A projects: 45 days at most; for group-B projects: 30 days at most; for group-C projects: 20 days at most. The time of appraisal of funding sources and fund balancing capability of programs and projects, counting from the date the appraisal agency receives a complete and valid dossier, for national target

 

programs and target programs: 40 days at most;  for group-A projects: 30 days at most; for group-B and group-C projects: 15 days at most. The time of appraisal of investment policy and appraisal of funding sources and fund balancing capability shall be applied only to the appraisal stage prior to submission to authorities competent to decide on investment policy on public investment programs and projects.

When it is necessary to extend the time of appraisal of investment policy or funding sources and fund balancing capability, the agency in charge of appraisal or the standing body of the appraisal council shall propose the Prime Minister to decide on the extension of the time of appraisal of the prefeasibility study report of a national target program, target program or group-A project; notify the extension of the time of appraisal of the investment policy proposal report of a group-B or group-C project to the agency competent to decide on investment policy; and the extended time must not exceed the corresponding appraisal time.

This Decree takes effect on February 02, 2016.

Ü FINANCE - BANKING


INTEREST RATE OF THE DEVELOPMENT FUND OF SMES
 

The Ministry of Finance has just issued the Circular No. 37/2016/TT-BTC dated February 29, 2016 prescribing interest rate of the Development Fund of small-and medium sized enterprises.

In accordance with this Circular, Interest rate for short term loans that are under 01 year (not including working capital)

 

is 5.5%/year. Interest rate for long term and medium term is 7.0%/year. This interest rate shall be applied for disbursement of small-and medium sized enterprises since April 15, 2016.

This Circular takes effect on April 15, 2016.


A CREDIT INSTITUTIONS ONLY TAKES DIRECT FOREIGN CURRENCY RECEIPT
AND PAYMENT ACTIVITIES OF ECONOMIC ORGANIZATIONS

 

This is one of the most principles prescribed at the Circular No. 34/2015/TT-NHNN dated December 31, 2015 of the State Bank of Vietnam guiding the provision of foreign currency receipt and payment services.

Apart from above regulations, economic organizations directly receiving and paying foreign currencies may only authorize credit institutions but not other economic organizations to act as foreign currency payment agents. Economic organizations and credit institutions acting as foreign currency payment agents may not authorize payment activities to other economic organizations and credit institutions. A credit institution or an economic organization may act as a foreign currency payment agent for one or more than one licensed credit institution. A credit institution may act as a foreign currency payment agent for an economic organization.

 

This Circular also requires that before March 02, 2017, economic organizations and credit institutions that have been granted foreign currency payment agent registration certificates or foreign currency receipt and payment service provision licenses shall convert them to written approvals of foreign currency payment agent registration or written approvals of direct foreign currency receipt and payment in accordance to this Circular. If past the above time limit, economic organizations and credit institutions still fail to convert or are not permitted for conversion because of failing to fully meet the conditions, they shall terminate acting as foreign currency payment agents or direct foreign currency receipt and payment activities.

This Circular takes effect on March 01, 2016.

Ü ECONOMIC – SOCIAL POLICIES


TO SUPPLEMENT PAYROLL IN HEALTH, EDUCATION AND TRAINING
 

At the Resolution No. 01/NQ-CP dated January 07, 2016 on major tasks and solutions for directing and administering the implementation of the 2016 socio-economic development plan and state budget estimates, the Government again emphasizes to strictly manage the payroll of cadres, civil servants and public employees; not increase the payroll of cadres, civil servants and public employees in 2016, even in cases requiring establishment of new organizations or assignment of new tasks. Particularly for the education and training sector, payroll may be added appropriately in case of establishment of new schools or increase of classes or students but payroll shall be managed closely in accordance with the law on payroll management.

Besides, the Government has plan to develop a national electronic civil status database; further strengthen and improve civil status personnel; review, examine and make statistics of population changes; guarantee children’s right to birth registration; fulfill Vietnam’s commitments on announcement of official statistics of birth and death registrations under the Declaration and Regional Action Framework on Civil Registration and Vital Statistics in Asia and the Pacific; further implement effectively the model of

 

transferable registration of birth and permanent residence and grant of health insurance cards for under-six children.

Also in this Resolution, the Government prescribes that properly implement tax laws and collects state budget revenues. Continue restructuring state budget revenue sources along the direction of increasing the proportion of domestic revenues. Neither proposes nor promulgates new policies which lead to decreases in state budget revenues, except for tax cuts to implement international commitments. In compliance with the current Law on the State Budget’s provisions on decentralization, from 2016, revenues from exercise tax on goods imported for domestic sale will be fully remitted into the central budget. At the same time, suspend the implementation of and recover current expenditures which, by June 30, 2016, have not yet been allocated or have been allocated but not yet spent or for which cost estimates have not yet been approved or bidding has not yet been organized…Cut to the utmost expenditures for conferences and seminars and guest reception; restrict the allocation of funds for overseas study and survey tours and procurement of cars and expensive equipment. Widely apply videoconferencing to save state budget…

 

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