Legal Document Updates in English (43/2017)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

09/2017/QD-KTNN


Decision No. 09/2017/QD-KTNN dated August 15, 2017 of the State Audit of Vietnam on promulgating the Regulation on entrustment or hiring of audit firms to perform audits

 

Regulation on entrustment or hiring of audit firms to perform audits

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

1191/QD-TTg

Decision No. 1191/QD-TTg dated August 14, 2017 of the Prime Minister on approving the bond market development roadmap during 2017-2020, with a vision toward 2030

 

 Enterprises issuing bonds to the public to undergo credit rating

Page 2

COMMERCE

 

COMMERCE

3

102/2017/TT-BTC

Circular No. 102/2017/TT-BTC dated October 5, 2017 of the Ministry of Finance guiding the Government’s Decree No. 03/2017/ND-CP dated January 16, 2017 on casino business

 

 Vietnamese people playing in the casino must prove income

Page 2

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING - VOCATION

4

23/2017/TT-BGDDT

Circular No. 23/2017/TT-BGDDT dated September 29, 2017 of the Ministry of Education and Training on promulgating regulation on assessment of language proficiency according to Vietnam’s language proficiency framework

 

 Units allowed having assessment of language proficiency

Page 3

INDUSTRY

 

INDUSTRY

5

21/2017/TT-BCT


Circular No. 21/2017/TT-BCT dated October 23, 2017 of the Ministry of Industry and Trade on promulgating national technical regulations on content of formaldehyde and certain aromatic amines derived from Azo colorants in textile products

 

 Regulations on content of formaldehyde in textile products

Page 3

 

 

SUMMARY:

 

Ü  ENTERPRISE        


REGULATION ON ENTRUSTMENT OR HIRING OF AUDIT FIRMS TO PERFORM AUDITS
 

On August 15, 2017, the State Auditor General signed the Decision No. 09/2017/QD-KTNN on promulgating the Regulation on entrustment or hiring of audit firms to perform audits.

The Regulation points out clearly that the State Audit Office of Vietnam may entrust or hire audit firms to audit the following agencies and organizations: Socio-political organizations, socio-political professional organizations, social organizations, socio-professional organizations using state budget funds; Public non-business units; Management units of investment projects using state budget funds or state budget-originated funds, ODA and NGO funds (when requested); associations, unions, confederations and other organizations with operation funds partly supported by the State; dd/ Enterprises with over 50% state-held charter capital, enterprises with 50% or less state-contributed charter capital; enterprises managing and using public finance or assets…

Within that, The State Audit Office of Vietnam may not entrust or hire audit firms to audit the following agencies and organizations: ministries, ministerial-level agencies, government-attached agencies and other central agencies; agencies assigned to perform state budget collection and spending tasks at all levels; People’s Councils and People’s Committees at all levels, other local agencies;  People’s armed forces units; Units managing the State’s reserve funds, reserve funds of all sectors and levels, other financial funds of the State; Organizations managing national assets…

 

And to be entrusted or hired to perform audits, an audit firm must fully meet the following conditions: having satisfied all conditions for lawful operation and been approved to be named on the publicized list annually selected by the Ministry of Finance, State Securities Committee or World Bank; Having not committed any audit quality-related violations which were handled by a state agency or an audit association over the last 3 years; In the current year and previous two years having not provided the services of recording accounting books and making financial statements and services of internal audit, asset valuation, management and financial consultancy to clients to be audited as entrusted or hired by the State Audit Office of Vietnam; having not provided the above services in the audit period falling in the audit contents entrusted or hired by the State Audit Office of Vietnam; Its managers and executives not being founding members or shareholders or not purchasing shares from or contributing capital to to-be audited entities, or not having other economic and financial relations with to-be audited entities according to the code of professional ethics of accountants and auditors. Managers, executives, control board members or chief accountants of to-be audited entities not being concurrently persons contributing capital to and having significant influence on the audit firm….

This Decision takes effect on September 29, 2017; and replaces Decision No. 03/2011/QD-KTNN of December 9, 2011.

Ü   FINANCE – BANKING     


ENTERPRISES ISSUING BONDS TO THE PUBLIC TO UNDERGO CREDIT RATING
 

On August 14, 2017, the Prime Minister approved the bond market development roadmap during 2017-2020, with a vision toward 2030 at the Decision No. 1191/QD-TTg; within that, the most important content is the regulations on to further develop the corporate bond market.

On the spirit of creating favorable conditions for enterprises to raise funds through bond issuance and increase openness and transparency in the process of raising funds through bond issuance, specifically as follows: To study amendments to the Law on Securities to separate conditions and dossiers for issuance of corporate bonds and for issuance of stocks to the public with a view to encouraging enterprises to issue bonds to the public for raising funds. To consider requiring enterprises issuing bonds to the public to undergo credit rating when there are at least two qualified rating enterprises operating in the domestic market; To review the conditions on private placement of corporate bonds toward requiring information

 

disclosure, permitting only professional investors to invest in privately issued corporate bonds and requiring these bonds to be registered and deposited in a centralized manner; To devise a mechanism to permit bond-issuing enterprises to issue bonds in different drives to raise funds according to project implementation schedule.

Specific targets are that the outstanding balance of the bond market will reach around 45% of GDP by 2020 and some 65% of GDP by 2030, with the outstanding balance of the market of government bonds, government-guaranteed bonds and municipal bonds to reach about 38% by 2020 and approximately 45% of GDP by 2030, and that of the market of corporate bonds to reach about 7% of GDP by 2020 and around 20% of GDP by 2030; and the average maturity term of domestically issued government bonds will be 6-7 years during 2017-2020 and 7-8 years during 2021-2030.

This Decision takes effect on the signing date.

Ü  COMMERCE  


VIETNAMESE PEOPLE PLAYING IN THE CASINO MUST PROVE INCOME
 

These are one of contents stipulated under the Circular No. 102/2017/TT-BTC guiding a number of articles as prescribed under the Decree No. 03/2017/ND-CP dated January 16, 2016 of the Government on casino business.

Specifically, to take part in playing in casino, Vietnamese people shall have documents to prove that they are capable of finance. The document includes the following papers: documents proving taxable incomes from level 3 or more as stipulated under the law on personal tax within one year before entering casino; documents proving the player that has frequent income from 10 million dong/month or more

 

 

formats from level 1 to 3 according to Vietnam's language proficiency framework.

Any person wishing to have his/her language proficiency evaluated or to obtain a foreign language certificate according to Vietnam's language proficiency framework shall  submit a valid application for examination; pay sufficient charges for test and award of certification as prescribed and have incurred no examination prohibition.

Listening, reading and writing skills are administered on papers or computers. Speaking skills are offered in the form of face-to-face or computer-based speaking tests. For each test, based on the actual conditions, the test center shall announce the test formats which are paper-based or computer-based tests, face-to-face or computer-based speaking tests before test takers apply for tests.

This Circular takes effect on November 15, 2017

Ü  EDUCATION – VOCATION - TRAINING    


UNITS ALLOWED HAVING ASSESSMENT OF LANGUAGE PROFICIENCY
 

Regulation on assessment of language proficiency according to Vietnam’s language proficiency framework  issued by the Ministry of Education and Training on September 29, 2017 in accordance with 23/2017/TT-BGDDT.

In accordance with this Regulations, test-administering units include senior colleges providing foreign language discipline or public service providers assigned to administer language proficiency tests which are entitled to administer language proficiency tests according to test formats from level 1 to 6 according to Vietnam's language proficiency framework. And foreign language centers established by the President of People’s Committee of province or Director of Department of Education and Training, pedagogy colleges with foreign language discipline which are entitled to administer language proficiency tests according to test

 

formats from level 1 to 3 according to Vietnam's language proficiency framework.

Any person wishing to have his/her language proficiency evaluated or to obtain a foreign language certificate according to Vietnam's language proficiency framework shall  submit a valid application for examination; pay sufficient charges for test and award of certification as prescribed and have incurred no examination prohibition.

Listening, reading and writing skills are administered on papers or computers. Speaking skills are offered in the form of face-to-face or computer-based speaking tests. For each test, based on the actual conditions, the test center shall announce the test formats which are paper-based or computer-based tests, face-to-face or computer-based speaking tests before test takers apply for tests.

This Circular takes effect on November 15, 2017.

Ü  INDUSTRY    


REGULATIONS ON CONTENT OF FORMALDEHYDE IN TEXTILE PRODUCTS
 

On October 23, 3017, at the Circular No. 21/2017/TT-BCT issued the national technical regulations on content of formaldehyde and certain aromatic amines derived from Azo colorants in textile products.

This document deals with content of formaldehyde and certain aromatic amines derived from azo colorants in textile products before they are traded in the Vietnam market. The list of textile products regulated by this document is specified in Appendix I of this document.

Products that are not regulated by this document include luggage of people on entry and personal belongings of organizations and individuals within the duty-free allowance; Goods of diplomatic organizations and individuals, international organizations within the duty-free allowance; Samples used for advertisement without use value and samples used for scientific research and research for production; Temporary imports exhibited and introduced in fairs, commercial exhibitions; temporary imports; goods under transit, merchanting trade or transshipment; goods sent to bonded warehouses; Presents within the duty-free allowance; Goods exchanged by residents of bordering areas within the duty-free allowance; Unbleached or undyed fabrics and textile products.

 

 

Accordingly, Content of formaldehyde in textile products shall not exceed the limits, the maximum limit of textile products for children under 3 years old is 30 mg/kg; the maximum limit of textile products in direct contact with skin is 75 mg/kg and the textile products not in direct contact with skin is 300 mg/kg.  For limits on content of aromatic amines derived from azo colorants, content of each aromatic amine shall not exceed 30 mg/kg. The list of aromatic amines derived from azo colorants is specified in Appendix II of this document. Sample specifications: Testing samples for determining content of formaldehyde and aromatic amines derived from azo colorants in textile products shall not be contaminated with soil, oil, grease, etc…

A textile product that is issued with certificate of eco-label is not required to be sampled for determining content of formaldehyde and aromatic amines therein; A certificate of eco-label shall contain the producer’s name and address, name of the product, composition of materials and name and signature of the representative of the licensing authority. The abovementioned certificate shall be used for making the declaration of conformity.

This Circular takes effect on May 01, 2018.

 

 

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