Legal Document Updates in English (09/2017)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

53/2016/TT-BLDTBXH

Circular No. 53/2016/TT-BLDTBXH dated December 28, 2016 of the Ministry of Labor, Ward Invalids and Social Affairs on introduction of the list of machinery, equipment and materials subject to occupational hygiene and safety requirements

 

 List of 80 equipments subjected to occupational hygiene and safety requirements

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

2

01/2016/QH14

Law No. 01/2016/QH14 dated November 17, 2016 of the National Assembly on property auction

 

* Increase the deposit in the auction to 20%

Page 2

ACCOUNTING – AUDIT

 

ACCOUNTING - AUDIT

3

174/2016/ND-CP

Decree No. 174/2016/ND-CP dated December 30, 2016 of the Government on detailing a number of articles of the Law on Accounting

 

* Accounting documents to be retained for at least 10 years

Page 2

POLICY

 

POLICY

4

02/2016/QH14

Law No. 02/2016/QH14 dated November 18, 2016 of the National Assembly on belief and religion

 

* Belief establishment must be registered at least 30 days before starting belief activities

Page 3

INDUSTRY

 

INDUSTRY

5

02/2017/TT-BCT


Circular No. 02/2017/TT-BCT dated February 10, 2017 of the Ministry of Industry and Trade prescribing the regulations on methods and procedures for formulation, assessment and approval for electricity transmission price

 

 

* Procedures for formulation, assessment and approval for electricity transmission price

Page 3

SUMMARY:

Ü  LABOR - SALARY


LIST OF 80 EQUIPMENTS SUBJECTED TO OCCUPATIONAL HYGIENE
AND SAFETY REQUIREMENTS

On December 28, 2016, the Ministry of Labor, War Invalids and Social Affairs  issues the Circular No. 53/2016/TT-BLDTBXH issuing the list of machinery, equipment and materials subjected to occupational hygiene and safety requirements.

This List includes 80 equipments subjected to occupational hygiene and safety requirements, including 46 Machinery, equipment and materials subject to occupational hygiene and safety requirements and 34 machinery, equipment and materials used in army subject to occupational hygiene and

 

safety requirements such as bomb and ammunition lift trucks; derricks for used lifting and lowering pilot’s seat; explosives; explosive devices (detonators, detonating cords, lead-in wires, etc.); radio and television stations with the maximum broadcasting capacity of 150W or more; television stations with the maximum broadcasting capacity of 150W or more; suspended scaffolds used in construction; specialized pile crusher and pile drivers with hoist; anti-explosion transformers…

This Circular takes effect on February 12, 201

Ü  FINANCE - BANKING


INCREASE THE DEPOSIT IN THE AUCTION TO 20%

Takes effect on July 01, 2017, the Law on property auction No. 01/2016/QH14 of the National Assembly prescribing that bidders must deposit 5% - 20% reserve price of the auctioned property instead of 1%-5% as in previous regulations.

Also from July 01, 2017, lawyers, public notaries, bailiff, property management officers or arbiters who have practiced their profession for at least 2 years; judges, procurators or executors shall be exempted from auction training,

Besides, the Law also shortens the time limit for the property auction organization to publicly display information on property auction. A property auction organization shall

 

 

publicly display information on property auction at its head office, place where the property is displayed (if any) and place where the auction is to be held at least 7 working days before the auction opens, for movable property; and its head office, place where the auction is to be held and commune-level People’s Committee of the locality where the property is located at least 15 working days before the auction opens, for immovable property.

Particularly, the Law requires that to the end July of 2019, a business in the property auction established before July 01, 2017 must  send a dossier of request for registration of property auction operation to the provincial-level Justice Department.

Ü  ACCOUNTING - AUDIT


ACCOUNTING DOCUMENTS TO BE RETAINED FOR AT LEAST 10 YEARS

This is the content prescribed at the Decree No. 174/2016/ND-CP dated December 30, 2016 of the Government on detailing a number of articles of the Law on Accounting, takes effect on January 01, 2017.

In particular, Accounting records; Detailed accounting books and overall accounting books; Financial statements; budget statements; consolidated budget statements; other documents related to accounting works, including: contracts; administrative accounting reports; financial statements of completed projects and projects of national importance; reports on stocktaking and asset valuation; documents related to inspection and audit; records on destruction of accounting documents; decisions on addition of capital from profit, contributions to funds from profits; documents related to dissolution, bankruptcy, division, consolidation… must be retained for at least 10 years. And accounting records that are not directly recorded to accounting books and financial statements such as

 

collection notes, payment notes, which are not enclosed with accounting documents; accounting documents serving management of an accounting unit that are not directly recorded in accounting books and financial statements must be retained for 5 years.

Another important content is that Within 24 months from January 01, 2017, acting chief accountants appointed before January 01, 2017 must obtain chief accountant certificates.

On professional liability insurance, the Decree also prescribes that an accounting service provider must buy professional liability insurance, which is the source for paying compensation for its clients in case of damage caused by its accounting practitioners. Professional liability insurance must be bought for an accounting practitioner within 60 days from the day on which he/she is granted the Certificate of Accounting Service Registration.

Ü  POLICY


BELIEF ESTABLISHMENT MUST BE REGISTERED AT LEAST 30 DAYS
BEFORE STARTING BELIEF ACTIVITIES

Takes effect on January 01, 2018, the Law on belief and religion No. 02/2016/QH14 passed by the National Assembly on November 18, 2016, emphasizes that the State shall respect and protect the right to freedom of belief and religion of everyone; shall guarantee that all religions are equal before law and shall protect belief establishments and religious establishments and their lawful property.

Another important content is on regulation on registration of belief activities, belief activities of a belief establishment shall be registered, except for lineal ancestor worship houses. At least 30 days before starting belief activities, the representative or management board of a belief establishment shall send  a written registration to the commune-level People’s Committee of the place where the belief establishment is located. A written registration must specify the name of the belief establishment, its belief activities and their contents, scope, time and places. The commune-level People’s Committee shall issue a written reply within 15 days after receiving a valid registration document; in case of refusal, it shall clearly state the reason. For a belief activity not yet stated in the registered document, within 20 days before it takes place, the representative or management board of a belief establishment shall make additional registration.

 

Also in accordance with this Law, from January 01, 2018, an organization possessing a religious activity registration certificate may be recognized as a religious organization when having operated continuously and stably for five or more years from the date it is granted a religious activity registration certificate; having a charter; having its representative or leader being a Vietnamese citizen permanently residing in Vietnam; having full civil act capacity; not being subject to an administrative handling measure in the field of belief and religion; and having no criminal records or not being subject to a criminal charge under the criminal procedure law; having an organizational structure as stated in its charter and having property independent from those of other individuals and organizations and taking responsibility with its property….

Particularly, A religious organization, a dependent religious organization or an organization with a religious activity registration certificate shall issue a written notice of annual religious activities within 30 days after the date it is recognized, approved or granted a religious activity registration certificate

Ü  INDUSTRY


PROCEDURES FOR FORMULATION, ASSESSMENT AND APPROVAL
FOR ELECTRICITY TRANSMISSION PRICE

On February 10, 2017, the Ministry of Industry and Trade issued the Circular No. 02/2017/TT-BCT prescribing the regulations on methods and procedures for formulation, assessment and approval for electricity transmission price; applicable to Vietnam Electricity, National Power Transmission Corporation, system and market operator, Electric Power Trading Company, power corporations and customers who buy electricity directly from transmission system.

In accordance with this Circular, National Power Transmission Corporation shall be responsible for formulating the electricity transmission price and submit it to Vietnam Electricity for approval, and report to the Electricity Regulatory Authority. Before November 15 annually, Vietnam Electricity shall be responsible for submitting the electricity transmission price in Year N to the Electricity Regulatory Authority for assessment and approval. The Electricity Regulatory Authority shall be responsible for assessing electricity transmission price documents and

 

allowed to employ consultants to carry out the assessment in case of need. If the documents are found ineligible, Vietnam Electricity shall be responsible for making supplements within five working days since receipt of the request from the Electricity Regulatory Authority.

Before December 05 annually, the Electricity Regulatory Authority shall be responsible for submitting the report on assessment of electricity transmission price in Year N to the Minister of Industry and Trade. And before December 15 annually, the Minister of Industry and Trade shall grant approval for the electricity transmission price.

Electricity transmission price documents include written statement for approval for electricity transmission price; explanations and calculations of transmission price and accompanying documents.

This Circular takes effect on March 27, 2017; and replaces the Circular No. 14/2010/TT-BCT dated April 15, 2010.

 

 

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