A joint stock company that is not a public company has the right to buy its own shares to hoard, later sell to employees or others (treasury shares)? Answer: Under the provisions of the Law on Enterprises and the Law on Securities, only public joint-stock companies are entitled to buy their own shares as treasury […]
SUPPORT TO UPDATE THE NAME “THU DUC CITY” ON BUSINESS REGISTRATION CERTIFICATE.
On December 9, 2020, the National Assembly Standing Committee issued Resolution 1111/NQ-UBTVQH14 on the establishment of Ho Chi Minh City. Thu Duc. Accordingly, Thu Duc City will be established on the basis of merging 3 districts: District 2, District 9 and Thu Duc District . The resolution takes effect from January 1, 2021. From January […]
FREQUENTLY LEGAL QUESTIONS ABOUT GOLD BUSINESS
How should my business want to buy and sell gold jewelry? To buy and sell gold jewelry, your business must meet 2 conditions under Article 8 of Decree No. 24/2012/ND-CP on management of gold business, specifically: – Having registered the business of buying and selling fine art jewelry; Having a location, facilities and necessary equipment […]
05 new forms Business registration application form
The Ministry of Planning and Investment issued Decision 1523/QD-BKHDT amending and supplementing administrative procedures in the field of establishment and operation of enterprises under the management function of the Ministry of Planning and Investment. Specifically, on October 15, 2020, the Government issued Decree 122/2020/ND-CP , accompanied by 05 new forms of application for registration of […]
Cases of foreign investors contributing capital, buying shares, buying capital contributions of Vietnamese companies
Foreign investors contribute capital, buy shares, buy capital contributions to Vietnamese companies in what cases, order and procedures. In the following article, DHP Law Firm will send to readers and customers specific cases and procedures for foreign investors to contribute capital, purchase shares, and purchase capital contributions to Vietnamese companies. Case 1: In case foreign […]
General Department of Taxation: Compulsory use of electronic invoices from November 1, 2020
The General Department of Taxation issued Official Letter 2578/TCT-CS dated June 23, 2020 answering questions about the mandatory time to use e-invoices. General Department of Taxation: Compulsory use of electronic invoices from November 1, 2020 – On September 12, 2018, the Government issued Decree 119/2018/ND-CP , which stipulates: “ Article 35. Implementation effect … During […]
Regulations on amending trademark protection titles
Currently, there are many individuals and organizations that have problems with the procedure for amending trademark protection titles. So, in what cases is the protection title modification done? What is the order and procedure? In the following article, DHP Law Firm will send to readers and customers regulations on amending trademark protection titles according to […]
CONDITIONS FOR CONVERT BOND ISSUANCE
Decree No. 81/2020/ND-CP takes effect from September 1, 2020, amending and supplementing regulations on conditions for corporate bond issuance mentioned in Decree No. 163/2018/ND-CP. Accordingly, from September 1, 2020, to issue convertible corporate bonds, enterprises must meet the following conditions: Ensure compliance with the limit on the number of investors when issuing and trading bonds: […]
Notes after changing business name
Changing the company name to grow stronger is the desire of every business. However, not everyone knows what to do after changing the name. The following article, DHP Law will introduce to readers and customers the notes after changing the business name. Firstly: The enterprise’s seal shows information about the business name and business code, […]
Procedures for transferring trademark registration applications
Assignment of a trademark application, also known as a transfer of a trademark application, is the right of the trademark registrant. Although the mark has not been granted a protection title, the applicant still has rights to his or her application. Before the NOIP issues a decision to refuse to accept a valid application, a […]
Procedures for setting up a business location
A place of business is a place where a business conducts its specific business. Previously, an enterprise’s business location could only be established within the same province or centrally run city where the enterprise’s head office or branch was located. may establish the company’s business location or the branch’s business location in another province or […]
Conditions for protection of industrial designs
Industrial design is the external appearance of a product, expressed by lines, shapes, colors or a combination of these elements. Products bearing industrial designs are understood as objects, tools, equipment, vehicles, etc. in all fields, with certain structures and functions, independently produced and circulated. The following article DHP Law will help customers better understand the […]
Notes when preparing a trademark registration declaration
Trademarks are considered as one of the biggest intangible assets of a business. That’s why trademark registration is so important. The following article, DHP Law will introduce to readers and customers the notes when preparing a trademark registration declaration. The notes when preparing the declaration are as follows: Paste the trademark sample with the size […]
Procedures for extending the validity of a Trademark Registration Certificate
A certificate of trademark registration is valid from the date of grant to the end of 10 years from the date of application, and can be renewed for many consecutive times, each time for 10 years, for the whole or part of the list of goods and services. service. In order to extend the validity […]
DOCUMENTS AND PROCEDURES FOR ESTABLISHMENT OF BRANCHES OF OTHER PROVINCES
Q: My company was established in 2016 in Ho Chi Minh City. Currently, my company’s business situation is quite stable in the South, so I want to expand the market beyond Hanoi. I heard from a friend that we should set up a branch. So let me ask, what documents do my company need to […]
PROCEDURES FOR REGISTRATION OF INDUSTRIAL DESIGNS
The industrial design registration process has to go through many stages of thorough examination with strict requirements on the composition of the dossier and registration conditions. In the following article, DHP Law will introduce to readers and customers the procedure for industrial design registration at the National Office of Intellectual Property. Procedures for industrial design […]
What are the advantages of installing a solar power system?
Currently, the investment and installation of solar power systems is a trend of people and businesses. With a total of 1,400-3,000 hours of sunshine a year, Vietnam is a country with potential for solar power development. Installing a rooftop solar power system is a good solution to help families and businesses significantly reduce electricity costs […]
Establishing a science and technology enterprise
Science and technology enterprise means an enterprise that directly conducts scientific research and technological development activities as well as production and business activities of all kinds of products from the results of such scientific research and technological development. . Business products of science and technology enterprises are tangible or intangible products. Due to the special […]
What industries are foreign investors allowed to do business in Vietnam?
Ask: I am a foreigner, American nationality, want to open a business in Vietnam. So I want to know which industries are foreign investors allowed to do business in, what industries are not allowed to do business and which industries are restricted from investment for foreign investors in Vietnam, I have to see What legal documents? […]
How to set up a joint stock company?
I am 18 years old this year, I want to join some friends to form a joint stock company. So how can you set up a joint stock company ? The lawyer replied: To set up a joint stock company , you first need to define some information in advance: Company’s name Charter capital, number […]
ISSUES NEED TO NOTE WHEN REGISTERING TRADE PROTECTION
Trademark is a sign used to distinguish goods and services of different organizations and individuals. When registering for protection and use of a trademark, businesses should pay attention to the following issues: About brand naming First, an enterprise must name a mark that meets the following conditions: Must be a visible sign in the form […]
HOW TO BUILD LABOR RULES IN THE ENTERPRISE
Labor regulations are like the “Constitution” of the Enterprise. The development of labor rules is not only for employees to comply with the regulations of the enterprise but also a legal basis for rewarding and disciplining employees. LEGAL BASIS Labor Code 2012; Decree No. 05/2015/ND-CP detailing and guiding the implementation of a number of contents […]
Notes and documents to be prepared when food processing and trading establishments receive inspection teams on food safety and hygiene
The regulations on food hygiene and safety have been very strict, but many food production and trading establishments are still not equipped with the necessary knowledge and skills to preserve and keep food always. meet food safety and hygiene standards. DHP Law sends to customers the notes and documents that need to be prepared when […]
DOCUMENTS AND PROCEDURES FOR CAREERING US PRODUCTS
For enterprises trading in food and food-related products, it is mandatory to carry out product circulation procedures, which is also the “permit to circulate products”. DHP Law introduces to readers the product circulation procedures as follows: LEGAL BASIS Decree 15/2018/ND-CP dated February 2, 2018 detailing a number of articles of the Law on Food Safety. […]
Identifying RISKS AND NOTES WHEN INVESTORS CONTRIBUTE, INVEST IN ENTERPRISE
In recent times, we have continuously received information about a series of fraudulent businesses to appropriate assets by taking advantage of the trust of investors and customers to confuse public opinion. Typically “The case of fraud of trillions of dong of Alibaba Company” or most recently the case “The Hue restaurant chain of Huy Vietnam […]
PROVISIONS ON SOCIAL ENTERPRISES
Currently, the type of social enterprises (social enterprises) is increasingly developing in Vietnam. With the goal of community-oriented activities and common benefits for society, social enterprises are given more priority by law to encourage the development of this type of business. For your convenience, DHP Law would like to summarize some legal provisions related to […]
“THE PEOPLE’S INSPECTION BOARD” – A LOCAL INSPECTION AND SUPERVISION AGENCY
There is an inspection and supervision agency at the local government at the commune, ward and township levels that not many people know about, which is the People’s Inspection Committee at the commune, ward and township level. The following article will fully and briefly introduce the People’s Inspection Committee to give everyone the most overview […]
HOW TO BUILD LABOR RULES IN THE ENTERPRISE
Labor regulations are like the “Constitution” of the Enterprise. The development of labor rules is not only for employees to comply with the regulations of the enterprise but also a legal basis for rewarding and disciplining employees . Therefore, the following DHP Law briefly introduces how to develop labor regulations so that enterprises can build […]
08 legal jobs businesses need to do in October 2019
DHP Law would like to share the following tasks that businesses need to do in October 2019: Before October 3, 2019: Announcement of labor changes in September 2019 (Based on Clause 2, Article 16 of Circular 28/2015/TT-BLDTBXH dated July 31, 2015). The deadline is October 20, 2019: Submit personal income tax return for September 2019 […]
FUNDING RESOURCES FOR PRODUCTION AND BUSINESS
Recently, all resources seem to have been focused on the housing market. Homeowners buy land, land buyers, non-real estate businesses also transfer capital to buy real estate in the hope of making a sudden profit. Buy a word or two, it’s foolish not to invest, it’s a bit of a waste of capital for production […]
PROCEDURES FOR TRADE REGISTRATION
Trademark registration is an urgent and extremely important thing for trademark owners to protect their intellectual property. The following article will briefly summarize the trademark registration procedure. Implementation steps: Step 1: Look up the protectionability of the mark intended to be registered; Step 2: Drafting protection documents; Step 3: Submit the application directly at the […]
TYPES OF ADVERTISING NEED A LICENSE AND NO LICENSE REQUIRED
What types of advertising are required to apply for a license, what types do not need a license before conducting advertising activities and what are the notes and requirements when applying these types of advertising? The following article, Law Office Tran Duc Hung and Associates will help readers and clients better understand this issue. […]
WHAT SHOULD WORKERS HAVE TO DO TO BE ENJOYED Maternity INSURANCE?
Maternity regime is a benefit that a pregnant female employee enjoys when she participates in social insurance for full six months or more during the 12 months before giving birth. In the following article, DHP LAW would like to send to readers and customers the procedures to enjoy maternity benefits when giving birth to female […]
PROCEDURES FOR NEW ISSUANCE OF INSURANCE BOOK, INSURANCE CARDS
The procedure for registering for social insurance is still complicated with forms and forms that have caused difficulties for many businesses in the process of carrying out the procedures. Therefore, in order for any business to be able to prepare documents by themselves and submit the dossier to declare social insurance, issue new health insurance […]
SYSTEM OF BUSINESS ACCOUNTS
Currently, there is no law that requires businesses to open a bank account. However, in order to facilitate transactions, the Company should open at least one bank account. For a start-up company, if you don’t do your research first, opening a bank account for the company will also take a long time. In the following […]
PROCEDURES FOR REGISTRATION FOR BUSINESS ESTABLISHMENT
In order for every customer to prepare documents and submit the application to establish a Company, DHPLAW we have painstakingly drafted this detailed procedure, please send it to our readers and customers. Scope of application This procedure applies to the following work: Establishment of a Joint Stock Company. Establishment of One Member Limited Liability Company; […]
LEGAL CONDITIONS AND PROCEDURES FOR PRODUCTION AND TRADING OF COFFEE PRODUCTS
Individuals and businesses that want to go into production and business of coffee products must comply with the conditions and procedures in accordance with current laws. Business registration To do business in coffee production, it is possible to register as a business household or an enterprise . Choosing the type of business depends on […]
REQUIRED SITUATION INSURANCE PAYMENT FROM December 1, 2018 AND MUSIC DIFFERENCE OF FOREIGN EMPLOYEES FROM January 01,2022
The level of compulsory social insurance payment for foreign workers according to the new regulations is a matter of great concern to everyone. In the following article, Law Office Tran Duc Hung and Associates would like to send to our readers and customers the regulations on the compulsory social insurance payment rate from December 1, […]
Social insurance premiums of foreign workers have many changes from 01/01/2022
Foreign workers from SUBJECTS PAYING social insurance Foreign workers working in enterprises include the following subjects: Foreigners working in Vietnam who have a work permit or a practice certificate or a practice license issued by a competent Vietnamese agency and have an indefinite term labor contract, a definite labor contract determine a term of full […]
LEGAL PROVISIONS ON INVESTMENT INVESTMENT PRIORITY FOR FOREIGN INVESTORS
Attracting foreign investment is becoming an essential part of world economic relations. It is the leading factor of many countries in order to support and promote the advantages of each country. Therefore, Vietnam also has many preferential policies to attract investment for foreign investors. In the following article, Law Office Tran Duc Hung and Associates […]
FROM 01/01/2019, there are many new policies and regulations on SOCIAL INSURANCE FOR EMPLOYEES IN ENTERPRISE
How the compulsory social insurance contributions for employees in 2019 will be is a question that is of great interest to many readers. In the following article, Law Office Tran Duc Hung and Associates will send to readers about the subjects and levels of compulsory social insurance payment for employees working in enterprises from January […]
PROCEDURES FOR NOTIFICATION OF E-COMMERCE WEBSITE SALES
Currently, the legal regulations on notification and registration of e-commerce websites have been greatly simplified. However, individuals and organizations still do not really understand the process of announcing sales e-commerce websites. In the following article, DHP Law Firm will introduce to readers and customers the process of announcing sales e-commerce websites. Receiving agency: Ministry of […]
PROCEDURES FOR TRADE REGISTRATION
Trademark registration is an urgent and extremely important thing for trademark owners to protect their intellectual property. The following article will briefly summarize the trademark registration procedure. Implementation steps: Step 1: Look up the protectionability of the mark intended to be registered; Step 2: Drafting protection documents; Step 3: Submit the application directly at the […]
LEGAL PROVISIONS ON COSMETIC PRODUCTS PUBLICATION
According to the law, organizations and individuals are only allowed to put cosmetic products on the market when they have been granted a receipt number by the competent state agency to receive the cosmetic product announcement slip. However, at present, many businesses are still having problems with the order and procedures for announcing cosmetic products, […]
Investment procedures of foreign investors in the form of capital contribution, share purchase, capital contribution
Foreign investors participate in investing in Vietnam through many different forms. One of the popular forms is that foreign investors contribute capital or buy shares to establish new businesses in Vietnam or to own shares or capital contributions in operating enterprises. So, how is this procedure regulated by law? The following article will briefly summarize […]
Incentives for foreign investors in Vietnam
Vietnam is an attractive market not only for big investors in the region but also around the world. In order to attract investment, besides many advantages of population, market, young labor, low labor cost…, the Vietnamese government also has many special incentives for foreign investors. In the article below, Law Office Tran Duc Hung and […]
One issue per week. Term No. 01/2017: The problem of real estate business registration
Ask: Mr. Nguyen Van Can – Chairman of the Board of Directors of Sao Vang Group Joint Stock Company asked: Currently, the establishment of a real estate company requires a bank’s confirmation of legal capital or not. are not? If yes, what is the procedure? Advice from a lawyer: According to current regulations, when establishing […]
Easy to register Website with the Ministry of Industry and Trade – why the sudden heavy fine?
The highest fine according to regulations is up to 20 million VND, the minimum is 10 million VND and especially there is no warning penalty! If you own one or more websites for the purpose of doing business, trading or introducing any products or services, according to regulations (Clause 8, Article 3 of Decree 52/2013/ND-CP […]
Relieved with 3 types of licenses, registering the “blood and bones” of all businesses
If you are not proactive in advance, difficulties, stagnation or even large fines can suddenly “fall down” without your business’s anticipation, whether you are just starting a business or have a one-sided business. goods, products or services for a long time! So, what are the types of Licenses, what are the registration procedures and how […]
Legal risks when contributing capital to a joint-stock company by the capital contribution contract when the company defaults or goes bankrupt .
QUESTION : Lawyer please advise me. I want to contribute capital to a joint stock company, I would like to ask if there is any problem with such a capital contribution contract and will it guarantee my interests when there is an incident related to the company or business such as default bankrupt? […]
Replacing the Medical Insurance Payment and Assessment Data Standard
Decision No. 4210/QD-BYT dated September 20, 2017 of the Ministry of Health on standardization and output data format used in management, assessment and payment of medical examination and treatment expenses covered by insurance. medical The decision to renew the Standard Data used in the management, assessment and payment of Health Insurance, includes the following 9 […]
Guidance on financial regimes for credit institutions
Credit institutions and foreign bank branches may use operating capital to serve business activities in accordance with the Law on Credit Institutions, Decree No. 93/2017/ND-CP and specific guidelines. can follow the principle of capital security and development. The Ministry of Finance is drafting a Circular guiding the financial regime for credit institutions and foreign bank […]
Introducing the service of labor declaration and social insurance for businesses
Vietnamese enterprises are increasingly interested in the life and welfare of employees because they have realized the importance of quality resources in enterprises. As a law practice unit, we are very pleased and ready to support businesses that are conscious of complying with labor laws and taking care of employee’s rights through labor declaration. and […]
Some attentive things about the accounting corporate income tax in 2021
In order to support businesses and organizations to well perform the declaration and finalization of corporate income tax of the corporate income tax period of 2021, the Hanoi Tax Department pays attention to the taxpayers some of the following contents: List of corporate income tax finalization declaration forms (depending on the actual arising of each […]
Conditions for deduction of input value-added tax
The deducted input value-added tax is the basis for calculating the payable value-added tax. Below are the conditions for deduction of input value added tax this year. Base: Circular 219/2013/TT-BTC Circular 119/2014/TT-BTC Circular 26/2015/TT-BTC Circular 173/2016/TT-BTC According to Article 15 of Circular 219/2013/TT-BTC (amended by Clause 10, Article 1 of Circular 26/2015/TT-BTC), the conditions for […]
Regulations on tax exemption – reduction of corporate income tax
Tax exemption and reduction of corporate income tax are prescribed and guided in Law No. 32/2013/QH13 amending and supplementing the Law on corporate income tax as follows: 1. Tax exemption for 4 years, 50% reduction of payable tax for the next 9 years for: a) Incomes of enterprises from the implementation of new investment projects […]
How to calculate corporate income tax according to current regulations
According to regulations, for production and business enterprises with taxable income, they must pay corporate income tax (CIT). Below is a detailed guide on how to calculate CIT according to the latest regulations, businesses should note to avoid errors. 1. Instructions on how to calculate CIT According to Clause 1, Article 3 of Circular 78/2014/TT-BTC […]
What expenses are deductible when calculating corporate income tax?
Q: My company works in the service sector, incurs less costs like a manufacturing company. So, for service businesses like us, what expenses can be accepted by tax authorities and included in deductible expenses when calculating corporate income tax? The accountant replied: According to Article 4 of Circular 96/2015/TT-BTC dated June 22, 2015 taking effect […]
CURRENT LAW ON TAX RATE FROM THE TRANSFER OF SHARES IN JOINT STOCK COMPANY (NOT LISTED)
Personal income tax has been in place for a long time in many countries. The subject of this tax is all domestic individuals and foreigners whose income is generated in the host country, regardless of occupation and social status. According to Vietnamese law, personal income taxable income includes income from business, salary, wages, capital investment, […]
PROCEDURES, ORDER FOR EXTENSION OF PAYMENT OF TAX AND LAND RENTAL
On April 8, 2020, the Government issued Decree 41/2020/ND-CP extending the deadline for tax payment and land rent. According to Decree 41/2020/ND-CP, in order to get an extension of the time limit for paying tax and land rent, taxpayers only need to send a request for extension of payment of tax and land rent (by […]
How to calculate VAT by direct calculation method?
1. How to calculate VAT by the method of calculating directly on VAT: Amount of VAT payable = Value added x VAT rate In there: Value added tax rate of 10% applies to activities of buying, selling, processing gold, silver, and gems. The added value of gold, silver and precious stones is determined by: VAT […]
Corporate Income Tax Period
The CIT calculation period is the period in which corporate income is determined. Enterprises can choose the tax period according to the calendar year or the financial year but must notify the tax authority before doing so. This notification will be made by the enterprise when carrying out the procedures for first registration of business […]
How is the act of buying and selling illegal invoices?
Depending on the nature and seriousness of the violation of the illegal purchase and sale of invoices, the violator will be administratively handled or examined for penal liability. Administrative fines up to 50 million VND What is illegal use of invoices? According to Article 22 of Circular 39/2014/TT-BTC, illegal use of invoices is the use […]
7 PRINCIPLES IN CIT FINALIZATION NEED CAREFULLY
CIT PAYMENT DOCUMENTS CIT finalization declaration form No. 03/TNDN (issued together with Circular 151/2014/TT-BTC). Annual financial statements or financial statements up to the time of decision on enterprise’s division, consolidation, merger, transformation, dissolution or termination of operation. One or several appendices attached to the declaration (depending on the actual arising of the taxpayer): Appendix on […]
General Department of Taxation: Compulsory use of electronic forms from November 1, 2020
The General Department of Taxation issued Official Letter 2578/TCT-CS dated June 23, 2020 answering questions about the mandatory time to use e-invoices. – On September 12, 2018, the Government issued Decree 119/2018/ND-CP, which stipulates: “Article 35. Implementation effect … 3. During the period from November 1, 2018 to October 31, 2020, Decrees: No. 51/2010/ND-CP dated […]
PROPOSED EXTENSION OF PAYING CIT, VAT, PIT IN 2022
The Ministry of Finance is drafting a Decree on extending the deadline for payment of value added tax, corporate income tax, personal income tax and land rent and water surface rent in 2022. 1. Subjects eligible for extension to pay tax and land rent in 2022 The Ministry of Finance proposes to continue the extension […]
License tax payment rate in 2022
License tax is simply understood as the annual tax payable by the business based on the charter capital recorded on the business license. The regulations on license tax are quite numerous and clear, however, not all businesses know well about tax levels, payment time and regulations on penalties for excise tax. Legal grounds Decree 126/2020/ND-CP […]
CONDITIONS AND PROCEDURES FOR TRANSFER OF REAL ESTATE BUSINESS PROJECTS
According to the Law on Real Estate Business, an investor has the right to transfer part or the whole of a real estate project to another investor. The transfer helps the investor to be proactive in the business process, in line with the current capabilities of his organization, and at the same time creates favorable […]