Weekly legal update

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

  • 10-05-2024
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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…

MODIFICATION OF THE ELECTRICITY GENERATION PRICE CALCULATION METHOD APPLYING TO ELECTRICITY PLANT CONNECTED TO THE NATIONAL ELECTRICITY SYSTEM

  • 26-04-2024
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On April 12, 2024, the Ministry of Industry and Trade issued Circular No. 07/2024/TT-BCT ("Circular 07") outlining the methodology for determining electricity generation prices and electricity purchase agreements. Circular 07 replaces Circular No. 57/2020/TT-BCT ("Circular 57") and includes several…

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

  • 26-04-2024
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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…

THE LAWS ON LAND, HOUSING AND REAL ESTATE BUSINESS MAY OFFICIALLY TAKE EFFECT FROM AUGUST 1, 2024

  • 19-04-2024
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On April 17, 2024, the Government Office issued Notification No. 168/TB-VPCP on the conclusions of Deputy Prime Minister Tran Hong Ha at the meeting on implementing documents detailing the implementation of the Law Land 2024. At the meeting, reports from the ministries showed that the promulgation of…

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

  • 19-04-2024
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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…

THE ALLOCATION OF MARINE AREAS FOR RECLAMATION SHALL BE CARRIED OUT SIMULTANEOUSLY WITH THE ALLOCATION OR LEASE OF LAND

  • 19-04-2024
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The Law on Land 2024 recognizes the legal validity of marine reclamation activities and on April 16, 2024, the Government promulgated Decree 42/2024/ND-CP detailing the provisions of the Law on Land 2024 on this activity ("Decree 42"). Here, ATA will summarize the important contents of Decree 42. 1.…

THE PREPARATION PERIOD FOR TRIAL IS CALCULATED FOR THE ENTIRE CASE, AND SHALL NOT BE RE-DETERMINED BASED ON THE OCCURRENCE OF SUPPLEMENT/OBJECTED/INDEPENDENT REQUESTS

  • 12-04-2024
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On March 26, 2024, the Supreme People's Procuracy issued Official Letter No. 1083/VKSTC-V9 to subordinate People's Procuracies to address difficulties in supervising the resolution of civil, marriage, and family cases ("Official Letter 1083"), and to provide guidance on understanding and uniformly applying…

CIVIL SERVANTS IN THE AGRICULTURAL SECTOR ARE ONLY ALLOWED TO PARTICIPATE IN ENTERPRISE MANAGEMENT AFTER RESIGNING FROM THEIR POSITIONS FOR A MINIMUM OF 12 MONTHS

  • 12-04-2024
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On March 27, 2024, the Ministry of Agriculture and Rural Development ("the Ministry of Agriculture") issued Circular 02/2024/TT-BNNPTNT ("Circular 02"), which regulates the list of fields and the duration for individuals holding positions, authorities that are not allowed to establish, hold titles,…

LICENSING OF KARAOKE AND NIGHT CLUB MUST COMPLY WITH CONSTRUCTION PLANNING

  • 12-04-2024
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According to Announcement No. 135/TB-VPCP, at the meeting on March 8, 2024, regarding the Decree amending and supplementing some contents of Decree No. 54/2019/NĐ-CP, Deputy Prime Minister Tran Hong Ha concluded as follows on the management of karaoke and nightclub business activities. Deputy Prime…

SUPPLY CONDITIONS ON THE FORM OF C/O FOR GOODS TO ENJOY BENEFITS FROM THE ASEAN-KOREA COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT

  • 12-04-2024
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On March 27, 2024, the Ministry of Industry and Trade issued Circular No. 04/2024/TT-BCT ("Circular 04") amending and supplementing certain provisions of Circular No. 20/2014/TT-BCT dated June 25, 2014, of the Minister of Industry and Trade, which regulates the implementation of Rules of Origin in the…

EVIDENCE FOR DETERMINING TRANSFER OF INVESTMENT PROJECT TRANSACTIONS WHEN APPLYING VAT OBLIGATIONS

  • 05-04-2024
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According to the provisions of Clause 4, Article 5 of Circular No. 219/2013/TT-BTC dated December 31, 2013, of the Ministry of Finance guiding the implementation of the Law on Value Added Tax (VAT) and Decree No. 209/2013/ND-CP dated December 18, 2013, of the Government stipulating: In cases where an…

SIMPLIFY ADMINISTRATIVE PROCEDURES TO MINIMIZE DIFFICULTIES IN STATE ASSET PROCUREMENT AND MANAGEMENT

  • 05-04-2024
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On April 4th, 2024, the Prime Minister issued Decision No. 277/QD-TTg ("Decision 277") approving a plan to simplify 18 priority internal administrative procedures within the jurisdiction of the Ministry of Finance. Accordingly, in 2024, the Ministry of Finance will focus on implementing simplified administrative…

BUSINESSES CONTINUE TO DECLARE, DEDUCT UNDEDUCTED VAT AMOUNTS OF CLOSED BRANCHES

  • 05-04-2024
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In accordance with Clause 2, Article 14 of Circular No. 105/2020/TT-BTC dated December 3, 2020, of the Ministry of Finance guiding tax registration, "Dependent units of enterprises, before submitting documents to terminate their activities at the business registration authority, must submit documents…

METHOD FOR DETERMINING REVENUE FOR CALCULATION OF VALUE-ADDED TAX AND PERSONAL INCOME TAX FOR INDIVIDUALS LEASING OUT THEIR PROPERTIES

  • 05-04-2024
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On April 3, 2024, the General Department of Taxation issued Official Dispatch No. 1368/TCT-DNNCN (“Official Dispatch 1368”) on taxable revenue from Individuals leasing out their property. According to regulations, individuals leasing out their property will be subject to value-added tax at a tax rate…

RECOGNIZING THE VALIDITY OF DRIVER'S LICENSES ON VNEID

  • 05-04-2024
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On March 31, 2024, the Ministry of Transport issued Circular No. 05/2024/TT-BGTVT (“Circular 05”), amending and supplementing certain provisions of Circulars related to the field of road transport, road transport support services, vehicles, and drivers. Circular 05 provides some notable contents as…