Enterprises

STRENGTHENING DECENTRALIZATION OF AUTHORITY IN THE PROCESS OF MANAGING STATE CAPITAL REPRESENTATION IN ENTERPRISES

02

mo.08

On July 25, 2024, the Government issued Decree No. 97/2024/ND-CP ("Decree 97") amending and supplementing certain articles of Decree No. 10/2019/ND-CP ("Decree 10") on the exercise of rights and responsibilities of the State's owner representative. Decree 97 introduces several noteworthy new points…

ORGANIZATIONS AND INDIVIDUALS CAUSING ENVIRONMENTAL POLLUTION ARE RESPONSIBLE FOR SITE CLEARANCE COMPENSATION IN THE POLLUTED AREA CAUSED BY THEM

19

mo.07

On July 15, 2024, the Government issued the second Decree guiding the implementation of the Law on Land 2024 - Decree 88/2024/ND-CP ("Decree 88") regulating compensation, support and resettlement when the State recovers land to replace Decree 47/2014/ND-CP ("Decree 47"), it can be seen that the Government…

NOTE FOR ENTERPRISES TO FINANCIAL OBLIGATIONS WHEN RAISING THE REGIONAL MINIMUM WAGES

05

mo.07

After two years of maintaining the minimum wage as prescribed in Decree 38/2022/ND-CP ("Decree 38"), on June 30, 2024, the Government officially issued Decree 74/2024/ND-CP ("Decree 74") replacing Decree 38 on the monthly minimum wage and hourly minimum wage applicable to employees working under labor…

SMALL AND MEDIUM ENTERPRISES (SMEs) ARE ONLY GRANTED ONE LOAN AT A TIME AND BE FUNDED ONE TIME FROM THE SME DEVELOPMENT FUND

10

mo.05

On April 26, 2024, the Government issued Decree No. 45/2024/ND-CP ("Decree 45") amending and supplementing certain provisions of Decree No. 39/2019/ND-CP regarding the organization and operation of the Small and Medium Enterprise Development Fund ("the Fund") ("Decree 39"). Below are some notable points…

TRANSPORTATION BUSINESS COMPANIES WITH VEHICLES RECALLED AND SIGNAGE REJECTED SHALL HAVE THEIR BUSINESS LICENSE REVOKED

26

mo.04

On April 16, 2024, the Government issued Decree No. 41/2024/NĐ-CP amending several decrees related to the management of automobile transportation activities, driver training, and driver testing services ("Decree 41"). Accordingly, there are many new provisions issued to tighten the management of transportation…

DISTINGUISHING BETWEEN DETERMINING PERSONAL INCOME TAX FROM CAPITAL TRANSFER IN VARIOUS TYPES OF ENTERPRISES

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mo.04

Although both involve the transfer of capital in businesses, there is a certain distinction in determining the personal income tax (PIT) of individuals transferring shares in joint-stock companies and individuals transferring capital contributions in limited liability companies (including single-member…

GUIDANCE ON CIT AND VAT ON EXPENSES OF ALCOHOL AND BEER

29

mo.03

1. Regarding the Costs of Purchasing Alcoholic Beverages in Catering Services According to the guidance in Official Letter No. 331/CTCMA-TTHT ("Official Letter 331") dated February 1, 2024, issued by the Ca Mau Provincial Tax Department, the costs of catering services (including alcoholic beverages…

ARE ALLOWANCES FOR BOARD OF DIRECTORS CONSIDERED DEDUCTIBLE EXPENSES OF THE ENTERPRISES?

29

mo.03

According to Official Letter No. 14112/CTHN-TTHT dated March 22, 2024, in response to the letter from the Joint Stock Securities Company of Vietnam Bank for Industry and Trade regarding expenses for members of the Board of Directors ("BOD"), the Hanoi Tax Department provides guidance as follows: 1.…

THE O&M CONTRACT SIGNING ENTITY FOR HIGHWAY PROJECTS MUST PAY THE CONTRIBUTION VALUE TO THE STATE BUDGET IMMEDIATELY IN THE FIRST YEAR AFTER SIGNING THE CONTRACT

26

mo.01

On December 31, 2023, the Ministry of Transport issued Circular No. 55/2023/TT-BGTVT ("Circular 55") guiding certain aspects of investment projects using the public-private partnership (PPP) method, specifically focusing on the business-management contract for expressway operation and maintenance projects…

OFFICERS AND CIVIL SERVANTS AT THE STATE BANK OF VIETNAM LEAVING THEIR POSITION SHALL NEED THE 'WAITING PERIOD" BEFORE OFFICIALLY JOINING ENTERPRISES

12

mo.01

According to Circular 20/2023/TT-NHNN dated December 29, 2023, of the State Bank of Vietnam ("Circular 20"), it regulates the list of areas within the management scope of the State Bank of Vietnam and the waiting period during which individuals with positions and authorities are not allowed to establish…

SOME NEW REGULATIONS CREATE FAVORABLE CONDITIONS FOR INDIVIDUALS AND ORGANIZATIONS TO BORROW CAPITAL FROM BANKS

12

mo.01

On December 29, 2023, the State Bank of Vietnam issued Circular 22/2023/TT-NHNN ("Circular 22") amending and supplementing several articles of Circular 41/2016/TT-NHNN ("Circular 41") dated December 30, 2016, of the State Bank of Vietnam regulating capital adequacy ratios for banks and foreign bank…

EMPLOYEES WORKING IN AN ORGANIZATION WITHOUT A REPRESENTATIVE ARE ENTITLED TO ACTIVELY APPLY FOR UNEMPLOYMENT INSURANCE BENEFITS

12

mo.01

Protecting workers' rights in the context of the ongoing wave of "reduction" is one of the priorities of the State. On December 29, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Circular 15/2023/TT-BLDTBXH amending and supplementing an article of Circular 28/2015/TT-BLDTBXH on…

SOME DISCUSSIONS ABOUT DIVIDEND PAYMENT OBLIGATIONS OF ENTERPRISES

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(*) This work is based on the knowledge, experience, and perspective of ATA Legal Services' team. The arguments given herein are not meant to guarantee or firmly determine the successful application in practical situations. Should you have any queries on a case-by-case basis, please contact us for assistance.…

REMOVE 2 CASES WHERE IMPORTED GOODS MAY CONSIDERED TO BE EXEMPTED FROM APPLYING TRADE REMEDIES

05

mo.01

Trade remedies are measures that a country uses to create a fair competitive environment between imported goods and domestically produced goods through import restrictions on one or several types of imported goods being dumped or receiving sudden increases in subsidies, causing or threatening to cause…

FROM JANUARY 1, 2024, MULTINATIONAL COMPANIES ARE REQUIRED TO PAY ADDITIONAL CORPORATE INCOME TAX IF THEY ARE ENJOYING A TAX RATE BELOW 15%

28

mo.12

On November 29, 2023, the National Assembly passed Resolution No. 107/2023/QH15 (“Resolution 107”) on the application of additional corporate income tax (“CIT”) according to the Regulation on preventing basic erosion. Global Anti Base Erosion (hereinafter referred to as “Global Minimum Tax Regulations")…