In this newsletter: New laws and regulations coming into effect, Various draft regulations were issued in the last quarter of 2019, Some key tax and customs rulings issued in Quarter 4, 2019, and PwC NewsBriefs issued in Quarter 4, 2019.
The National Assembly ratified the new Labour Code No. 45/2019/QH14 on 20 November 2019 to replace the current Labour Code. The new Labour Code has 17 chapters and 220 articles and will come into effect next year.
On 20 November 2019, the National Assembly of Vietnam adopted the new Labor Code to replace the Labor Code 2012. The Labor Code 2019 will come into effect from 1 January 2021. This article, a detailed table, cover notable points of the Labor Code 2019 in comparison with the Labor Code 2012.
In this newsletter: Regional minimum wages in 2020 increased, Letter No. 4178/TCT-CS re contents of Circular No. 68/2019/TT-BTC, Letter No. 4707/TCT-CS on compulsory use of new electronic invoices, Letter No. 4641/TCT-DNNCN on Personal Income Tax for overtime salary, Letter No. 4593/TCT-KK on declaration of exported goods, Letter No. 3341/BCA-V03 on validity of Temporary Residence Card of foreign workers in case of merger.
December 2019 Tax Update highlights: 1) Draft decree re amendments to Clause 3, Article 8 of Decree 20/2017/ND-CP on transfer pricing, 2) Decree 85/2019/ND-CP dated 14 November 2019 on guidance on handling administrative procedures on National and ASEAN Single Window. 3) Tax treatment of imported goods processed by sub-contractors 4) Tax treatment of imported materials which are processed by foreign processors.
Under Vietnamese law, a housing developer (Developer) is not allowed to sell apartments formed in the future (off-plan apartment) (căn hộ hình thành trong tương lai) before completing construction of foundation of the apartment building where such off-plan apartment located (Pre-Foundation Stage) (Article 55 of Law on Real Estate Business 2014). However, in practice, by engaging an independent entity to act as an agency/broker (Agency), it seems that many Developers have “overcome” this limitation. This diagram and table (click Here to download) demonstrate transaction structure currently employed by some Developers to “sell” off-plan apartments at Pre-Foundation Stage and discuss relevant pros and cons.
On 26 November 2019, the National Assembly of Vietnam adopted the new Law on Securities (Securities Law 2019) to replace the Securities Law 2006. The Securities Law 2019 will come into effect from 1 January 2021. Here (click to download) are some notable points of the Securities Law 2019. This article is written by Nguyen Bich Ngoc.
In this edition, we look at: 1) E-commerce and e-invoice developments, 2) Other legal, customs and tax developments, 3) Some interesting rulings issued in Quarter 3, 2019 and 4) PwC NewsBriefs issued in Quarter 3, 2019
In this edition, we look at: 1) E-commerce and e-invoice developments, 2) Other legal, customs and tax developments, 3) Some interesting rulings issued in Quarter 3, 2019 and 4) PwC NewsBriefs issued in Quarter 3, 2019
The EY October tax newsletter highlights the following issues: 1) Machines and equipment may be considered as immovable property for tax treaty application purposes, 2) Current regulations are silent on carryforward of tax loss in the event of branch conversion, 3) Personal income tax treatment of airfares for expatriate employees, and 4) Conditions for claiming foreign tax credit in Vietnam.
This piece will discuss the aspects of the LoCP that have had and will continue to have the greatest impact on manufacturers, importers and sellers. This includes prohibited conduct, agreements between sellers and consumers, general trading conditions3, extent of warranty, liability for defective products, and litigation.
Peter Ziter of Russin & Vecchi discuss the key legal issues involved in establishing a fintech company in Vietnam.
Circular 68/2019/TT-BTC guiding the implementation of Decree 119/2018/ND-CP on e-invoicing has been released. Circular 68 will take effect from 14 November.
In this newsletter: 1) New Circular No. 48/2019/TT-BTC on provisions, 2) Are signing date and time compulsory item in e-invoices? 3) Foreign workers changing companies must apply for reissuance of work permits, 4) Manufactured goods for on-site export on order, are exempt from material import duty, 5) Customs inspection of norm for manufacturing export goods and processed goods, 6) Guidance on treatment of interest expenses exceeding 20% of EBITDA under Decree 20 for fiscal year ended 2017.
This article provides an overview of the main content of the first Vietnam Corporate Governance (CG) Code and highlights the recommended practice for each of the 10 CG principles that businesses should aim towards.
On 26 June 2019, the State Bank of Vietnam issued Circular 06/2019/TT-NHNN which contains salient changes on foreign exchange control for foreign direct investment activities in Vietnam. Circular 06/2019/TT-NHNN will come into effect on 6 September 2019 and replace Circular 19/2014/TT-NHNN dated 11 August 2014.
August 2019 Tax update highlights the following key points: 1) Guidance on the compulsory time for applying e-invoices. 2) Guidance on determining deductible interest expenses under Decree 20/2017/ND-CP, 3) Personal Income Tax (PIT) treatment of promotional gifts, and 4) PIT withholding and finalization obligations for employees during probation period.
Vietnam’s economy continues to expand and modernise, and with the opening up of previously restricted industries and sectors to meet WTO commitments and commitments under various Free Trade Agreements (FTA’s); opportunities continue to develop. Growth is being further stimulated through these bi-lateral FTA’s (e.g. South Korea) and others such as the EU Vietnam Free Trade Agreement and the CPTPP.
In this edition, we a look at 2 developments on the fast developing international trade / FTA front – the long awaited and much anticipated signing of the EVFTA, and some new regulations implementing Vietnam’s commitments under the CPTPP.
Important Vietnamese legal terms can be looked up, with the corresponding term in the other language presented (Vietnamese <-> English). Very helpful resource for those professionals working in both languages
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