Legal Document Updates in English (20/2018)

PROVISIONS ON DEDUCTIBLE AND NON-DEDUCTIBLE EXPENSES
FOR DETERMINING TAXABLE INCOME
 

On March 16, 2018, the Ministry of Finance issues the Circular No. 25/2018/TT-BTC on guidelines for the Governments Decree No. 146/2017/ND-CP dated December 15, 2017 and amendments to some articles of the Circular No. 78/2014/TT-BTC dated June 18, 2004 of the Ministry of Finance and Circular No. 111/2013/TT-BTC dated August 15, 2013 of the Ministry of Finance.

Within that, enterprises may not deduct the amount in excess of VND 3 million/month/ person which is paid to voluntary pension fund, purchase of voluntary pension insurance and life insurance for employees; the amount in excess of the limits prescribed by the law on social insurance and health insurance which is paid to social insurance funds (social insurance, compulsory additional

; 

TO ANNOUNCE LIST OF DRUGS RESTRICTED FROM RETAIL
 

On April 12, 2018, the Ministry of Health issues the Circular No. 07/2018/TT-BYT detailing a number of articles of the Law on Pharmacy and the Government’s Decree No. 54/2017/ND-CP of May 8, 2017, detailing a number of articles of, and providing measures for implementing, the Law on Pharmacy. One of the contents of this Circular is announcing list of drugs restricted from retail.

Drugs restricted from retail mean drugs subject to the requirements on strict control of prescription, prescription-based sale and use to ensure safety and effect of drugs and prevent drug abuse in treatment which is likely to cause drug dependence or nonresponse to drugs when patients use such drugs or other drugs.

GUIDANCE ON DETERMINATION OF LAND RENT PRICE
IN THE HOA LAC HI-TECH PARK
 

On March 30, 2018 of the Ministry of Finance issue the Circular No. 32/2018/TT-BTC guiding the Decree No. 74/2017/ND-CP dated June 20, 2017 of the Government on specific policies for Hoa Lac Hi-Tech Park.

Accordingly, the rent price of land shall be determined according to the lease purpose as specified in the Table of prices of land types in the Hi-Tech Park multiplied by the land price adjustment coefficient. Within that, the Table of prices of land types in the Hi-Tech Park is promulgated

SOCIAL NETWORKS MUST REMOVE VIOLATING CONTENTS WITHIN 3 HOURS
 

On March 01, 2018, the Government issues the Decree No. 27/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 72/2013/ND-CP of July 15, 2013, on the management, provision and use of Internet services and online information.

According to this Decree, information websites must have a public information management process to determine the scope of sources of information to be used and a mechanism to manage and check information before and after publishing; have a mechanism to control information sources to ensure that published aggregated information is true to original sources; have coordination mechanism to immediately remove violating contents within 3 hours after detecting such contents by themselves or at the request of the authority component.

With regards to the social networks, must ensure that users agree with the terms on use of online social networks in

TO ANNUL THE PROVISION COLOR COPIERS
USED IN INTERNAL AGENCIES
 

Some provisions on printing activities in the Decree No. 60/2014/ND-CP of June 19, 2014 are amended and supplemented by the Government according to the Decree 25/2018/ND-CP dated February 28, 2018.

Specifically, annul the provision color copiers may only be used to serve internal activities of agencies and organizations and may not be used for commercial purposes in any form. Agencies, organizations use color copiers and printers with the color photocopying function must registry with provincial-level People’s Committees before using them.

Beside, this Decree also supplements provision on transferring a color copier or printer with the color photocopying function. Accordingly when transferring a color copier or printer with the color photocopying function

DEPOSIT FOR PROVISION OF TRAVEL SERVICES
UP TO VND 500 MILLIONS
 

On December 31, 2017, the Government issues the Decree No. 168/2017/ND-CP detailing a number of articles of the Law on Tourism.

Accordingly, deposit for provision of domestic travel services is VND 100 million; deposit for provision of travel services for international inbound tourists is VND 250 million; deposit for provision of travel services for outbound tourists is VND 500 million.

When providing tourism products are considered likely to affect the life or health of tourists such as: Paragliding and ballooning; parachuting; and practicing high rope courses; Bicycle and motorbike riding and terrain car driving on

ACCOUNTANTS ARE ELIGIBLE
FOR MONTHLY RESPONSIBILITY ALLOWANCE
 

This information is prescribed in the Circular No. 04/2018/TT-BNV dated March 27, 2018 of the Ministry of Home Affairs on guidelines for power and procedures for appointment, reappointment, dismissal, replacement and responsibility allowance for chief accountants, accountants in charge of accounting units in state audit.

Accordingly, an accountant in unit that solely has a full-time accountant or a part-time accountant or accountant in budgetary and financial accounting units of communes, the

INTERROGATING STATEMENTS MAY NOT CARRIED OUT
WITHOUT AUDIO  OR AUDIO-VISUAL RECORDING
 

This is the content in the Joint Circular No. 03/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP guiding the order and procedures for making audio recordings or audio-visual recordings during investigation, prosecution or trial; and the use, preservation and archive of these audio recordings and audio-visual recordings.

Specifically, interrogation or taking of statements at detention or custody facilities may not be carried out without audio recording or audio-visual recording equipment. Should the audio recording or audio-visual recording equipment stop working due to a technical problem during the interrogation or taking of statements, such interrogation or taking of statements shall be immediately ceased. Such cessation shall be clearly recorded in the minutes with certification by the professional officer involved.

THE ACCUSED MAY NOT READ DOCUMENTS
THAT REQUESTED TO KEEP SECRET
 

On February 01, 2018, the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People/s Court and the Ministry of National Defense issue the Joint Circular No. 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP.

This Joint Circular prescribes the order, procedures, time limit and place for the accused or at-law representatives of crime-committing commercial legal entities to read and take notes of copies of documents or digitized documents related to their accusation or exculpation or copies of other documents related to their defense.

Accordingly, competent proceeding-conducting bodies or persons that have accepted and are settling criminal cases may refuse to permit the accused or at-law representatives

ONLY PRIME MINISTER AND 2 MINISTERS
CAN DECIDE TO SELL PORT TERMINALS
 

According to the Decree No. 43/2018/ND-CP dated March 12, 2018 of the Government, maritime infrastructure includes: Port terminals; Portage areas; Headquarters, facilities, warehouses, storage yards; Traffic; Navigable channels and breakwaters…

The Prime Minister shall consider selling maritime infrastructure in conjunction with national defense and security or property formed from projects subject that the Prime Minister decided to invest.  The Minister of Finance