Compliance with the accounting regulations current has become the key element to ensure transparency in the financial operations of the business. The rules to support financial management correctly, ensure compliance with the law. This article Lac Viet Computing will go deep into the rules địnhquan weight, help businesses effectively applied in practice. Here are 10 major change in the law books on accounting that accountants need to know in order to limit the legal risks when working.
1. Accounting regulations on administrative mode new career
The Ministry of Finance recently issued Circular 107/2017/TT-BTC guiding the administrative accounting regime to replace the old regulations in Decision 19/2006/QD-BTC dated March 30, 2006.
Accordingly, Circular 107 provides specific instructions on documents, accounts, and accounting books; settlement reports, financial reports.
In addition, issued together with the Circular are:
– List of forms and methods of preparing mandatory accounting documents;
– List of account systems and accounting methods;
– List of book templates and accounting book preparation methods;
– List of report templates and methods of preparing and presenting financial reports and budget settlement reports of units in Article 2 of this Circular.
Circular 107/2017/TT-BTC takes effect from November 24, 2017 and officially applies from January 1, 2018.
2. Accounting regulations about application upgrade HTKK 3.8.0
Recently, the General Department of Taxation has announced the upgrade of many tax-related applications. Specifically, after upgrading, users will use the following versions:
– Support barcode declaration (HTKK) version 3.8.0
– Receive centralized barcode declaration (NTK_TMS) version 2.5.3
– Online tax declaration (iHTKK) version 3.6.0
– Support reading and verifying declarations and tax notices in XML format (iTaxViewer) version 1.4.2
– Electronic tax service (eTax) version 1.3.0
– Centralized tax management (TMS) version 2.4.
In particular, upgrading iHTKK, eTAX, HTKK, NTK_TMS applications to update the list of natural resource tariffs (fees), special consumption tax, environmental protection and fees and charges corresponding to new subsections according to Circular 300/2016 /TT-BTC .
Time to upgrade applications: From 09:00 on November 11, 2017 to 24:00 on November 12, 2017.
3. Accounting regulations increase the minimum wage from 01/01/2018
Date 07/8/2017, The council of national wage was key official minimum wage in 2018, according to the Decree 141/2017/ND-CP of The government (expected to apply from the date of 01/01/2018). Specifically, the minimum wage applicable to each sector as follows:
- Region I: Increased 3.980.000 VND/month.
- Region II: Increased 3.530.000 VND/month.
- Region III: Increased 3.090.000 VND/month.
- Region IV: Increased 2.760.000 VND/month.
4. Take the exam to obtain an accountant certificate according to new regulations
Currently, the provisions current accounting about the certification exam accounting staff will follow the new rules in circular 91/2017/TT-BTC (effective from the date 15/10/2017), and through that, there will be some new rules that accountants need to note the following:
– Combine the conditions for taking the exam for auditor certificate and accountant certificate into one instead of separate regulations.
– Shorten the minimum actual working time requirement in finance, accounting, and auditing to 36 months (stipulated in Circular 129/2012/TT-BTC is 60 months).
In addition, Circular 91 also provides clearer examples of cases where exam results are reserved:
For example: If a person starts taking the exam in 2017, the scores of the subjects that meet the exam requirements in 2017 will be reserved for 2018 and 2019.
By 2019, if the candidate still does not meet the exam requirements, when taking the exam in 2020, the exam results calculated to meet the exam requirements will be the exam results of 2018, 2019, 2020; Likewise for years from 2021 onwards.
5. Accounting regulations more earnings calculation SOCIAL
According to the provisions of the 2014 Social Insurance Law and instructions in Article 30 of Circular 59/2015/TT-BLDTBXH:
- Currently:
Monthly salary for compulsory social insurance payment = Salary + Salary allowance
– From January 1, 2018:
Monthly salary for compulsory social insurance payment = Salary + Salary allowance + Additional payments
Note: The additional amount must have a specific amount of money determined along with the salary agreed upon in the labor contract and paid regularly during each pay period.
6. Increase maternity benefits from July 1, 2018
Recently, congress has officially passed a resolution on accounting regulations the draft state budget for 2018.
Accordingly, the National Assembly assigned the Government to adjust the base salary from 1,300,000 VND/month to 1,390,000 VND/month; Implementation time is from July 1, 2018.
Thus, from the date the base salary increases, maternity benefits will also increase; specifically:
Article 38 of the 2014 Social Insurance Law stipulates:
Article 38. One-time allowance when giving birth or adopting a child
Female employees who give birth or employees who adopt children under 06 months old are entitled to a one-time allowance for each child equal to 02 times the base salary in the month the female employee gives birth or the month the employee adopts the child.
In case of giving birth but only the father participates in social insurance, the father will receive a one-time allowance equal to 2 times the base salary in the month of birth for each child.
One-time allowance for giving birth or adopting a child will increase from 2,600,000 VND to 2,780,000 VND (equivalent to an increase of 6,923%).
7. Accounting regulations more mandatory subjects vss
From January 1, 2018, employees working under labor contracts with a term of 1 month to less than 3 months will officially have to participate in compulsory social insurance.
At the same time, from this date, workers who are foreign citizens working in Vietnam with a work permit or practice certificate or practice permit issued by a competent Vietnamese agency can participate. Compulsory social insurance according to Government regulations.
8. Imprison those who have obligations but do not pay social insurance for employees
The criminal code 2015 has additional regulations current accounting of crimes related to evasion of SOCIAL insurance contribution for workers to limit the arrears of SOCIAL insurance, as follows:
Article 216. Crime of evading payment of social insurance, health insurance, and unemployment insurance for employees
1. Any person who is obliged to pay social insurance, health insurance, or unemployment insurance for employees but cheats or uses other tricks to not pay or not pay in full as prescribed for 6 months or more If you fall into one of the following cases and have been administratively sanctioned for this act but continue to violate it, you will be fined from 50,000,000 VND to 200,000,000 VND, and subject to non-custodial reform for up to 01 year. or imprisonment from 03 months to 01 year:
a) Evasion of insurance payment from 50,000,000 VND to under 300,000,000 VND;
b) Evading insurance payments for from 10 to less than 50 employees.
2. Committing a crime in one of the following cases shall be fined from 200,000,000 VND to 500,000,000 VND or imprisoned from 6 months to 3 years:
a) Committing the crime 2 times or more;
b) Evasion of insurance payment from 300,000,000 VND to less than 1,000,000,000 VND;
c) Evading insurance payments for from 50 to less than 200 people;
d) Failure to pay the insurance amount collected or deducted from the employee specified in Point a or Point b, Clause 1 of this Article.
3. Committing a crime in one of the following cases shall be fined from 500,000,000 VND to 1,000,000,000 VND or imprisoned from 02 to 07 years:
a) Evasion of insurance payment of 1,000,000,000 VND or more;
b) Evading insurance payments for 200 people or more;
c) Failure to pay the insurance amount collected or deducted from the employee specified in Point b or Point c, Clause 2 of this Article.
4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain occupations or doing certain jobs for 01 to 05 years.
5. A commercial legal entity that commits a crime specified in this Article shall be punished as follows:
a) Committing a crime in the case specified in Clause 1 of this Article, shall be fined from 200,000,000 VND to 500,000,000 VND;
b) Committing a crime in the case specified in Clause 2 of this Article, the person shall be fined from 500,000,000 VND to 1,000,000,000 VND;
c) Committing a crime in the case specified in Clause 3 of this Article, the person shall be fined from 1,000,000,000 VND to 3,000,000,000 VND.
Thus, one can see, subject to the impact of laws, regulations, accounting is “any person who has obligations of SOCIAL insurance for workers...”. However, there is currently no specific instructions, but accounting is often those who directly handle issues closed/not closed SOCIAL insurance for workers, it is essential to pay attention to this rule.
9. Accounting regulations on the penalty to 12 years in prison for violating use the EMPLOYEE is under 16 years of age
Article 296. Crime of violating regulations on employing workers under 16 years old
1. Anyone who uses workers under 16 years old to do heavy, dangerous work or expose them to toxic substances according to the list prescribed by the State in one of the following cases will be fined from 30,000 VND. 000 VND to 200,000,000 VND, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Has been administratively sanctioned for this act or has been convicted of this crime, has not had his criminal record erased but continues to violate it;
b) Causing injury or harm to the health of another person with a bodily injury rate of between 31% and 60%;
c) Causing injury or harm to the health of 02 or more people with a total bodily injury rate of 31% to 60%.
2. Committing a crime in one of the following cases shall be punished with imprisonment from 03 to 07 years:
a) Committing the crime 2 times or more;
b) Causing death;
c) Causing injury or harm to the health of others with a bodily injury rate of 61% or higher;
d) Causing injury or harm to the health of 02 or more people with a total bodily injury rate of 61% to 121%.
3. Committing a crime in one of the following cases shall be punished with imprisonment from 5 to 12 years:
a) Causing the death of 2 or more people;
b) Causing injury or harm to the health of 02 or more people with a total bodily injury rate of 122% or more.
4. Offenders may also be fined from 10,000,000 VND to 50,000,000 VND, banned from practicing certain professions or doing certain jobs for 01 to 05 years.”
10. Accounting regulations of the prolonged number of years of SOCIAL insurance in order to enjoy the maximum pension
According to the accounting regulations in the Law on SOCIAL insurance 2014, then the maximum pension is 75% of the average monthly wages of SI.
Below is a comparison table of regulations on the number of years employees must pay social insurance to receive the maximum pension before and after January 1, 2018 based on the provisions in Clauses 1 and 2, Article 56 of the 2014 Law on Social Insurance:
| | Currently | From January 1, 2018 |
| Female workers | From 25 years of paying social insurance | From 30 years of paying social insurance |
| Male workers | From 30 years of social insurance or more | From 31 years of paying social insurance (if retiring in 2018) |
| From 32 years of paying social insurance (if retiring in 2019) | ||
| From 33 years of paying social insurance (if retiring in 2020) | ||
| From 34 years of paying social insurance (if retiring in 2021) | ||
| From 35 years of paying social insurance (if retiring from 2022 onwards) |
The master, in compliance with the accounting regulations as legal requirements, is the platform that helps business sustainable development. These rules create a system of financial management, transparency, reduce risk, enhance the confidence of the stakeholders. Therefore, investment into understanding, applying exactly the prescribed bring long-term benefits for the business.
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