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中文 (中国)Can micro-enterprises choose to apply accounting regimes like is legal content that readers often need to check carefully before implementing it in practice. This article has been reorganized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Can micro-enterprises choose to apply the same accounting regime as small and medium-sized enterprises?
The accounting regime for micro-enterprises is specified in Clause 3, Article 3 of the Circular 132/2018/TT-BTC as follows:
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Applying accounting regime
1. Micro enterprises pay corporate income tax according to the taxable income method and apply the accounting regime prescribed in Chapter II of this Circular.
2. Micro enterprises that pay corporate income tax calculated at a percentage of revenue from the sale of goods and services apply the accounting regime prescribed in Chapter III of this Circular or can choose to apply the accounting regime according to the provisions of Chapter II of this Circular.
3. Micro enterprises can choose to apply the Small and Medium Enterprise Accounting Regime issued under Circular No. 133/2016/TT-BTC dated August 26, 2016 of the Ministry of Finance to suit the characteristics of production and business activities and management requirements of the enterprise.
4. Micro enterprises must apply consistent accounting regimes within a financial year. Changing the applicable accounting regime can only be done at the beginning of the next fiscal year.
Thus, according to the above regulations, micro enterprises can choose to apply the Small and Medium Enterprise Accounting Regime issued under Circular 133/2016/TT-BTC to suit the characteristics of production and business activities and management requirements of the enterprise.
Where must accounting documents and accounting books of micro-enterprises be kept?
The location for storing accounting documents and accounting books of micro-enterprises is specified in Clause 1, Article 7 of Circular 132/2018/TT-BTC as follows:
Regulations on storage and preservation of documents accounting
1. Accounting vouchers, accounting books and other accounting documents must be kept at the enterprise to serve daily records; Determining the tax obligations of micro-enterprises with the state budget and the inspection and control of business owners, tax authorities or competent state agencies.
2. The preservation and storage of accounting documents of micro-enterprises is carried out in accordance with the provisions of the Accounting Law and Decree No. 174/2016/ND-CP dated December 30, 2016 of the Government detailing a number of articles of the Accounting Law.
3. Micro-enterprises are allowed to store accounting documents, accounting books and other accounting documents on electronic media according to the provisions of the Accounting Law.
Accordingly, accounting vouchers, accounting books and other accounting documents must be retained at the micro-enterprise to serve daily recording; Determining the tax obligations of micro-enterprises with the state budget and the inspection and control of business owners, tax authorities or competent state agencies.
Note: Micro-enterprises are allowed to store accounting documents, accounting books and other accounting documents on electronic media according to the provisions of the 2015 Accounting Law.
Can a micro-enterprise sign a contract with an accounting service business unit to hire accounting services?
Signing a contract with an accounting service business unit to hire accounting services is specified in Clause 3, Article 8 of Circular 132/2018/TT-BTC as follows:
accounting apparatus and accountants
1. Micro-enterprises are assigned to be in charge of accounting without being required to appoint a chief accountant. Micro-enterprises that pay corporate income tax at a percentage of revenue from sales of goods and services can organize their own accounting work according to the provisions of Chapter III of this Circular.
2. The arrangement of accountants for micro-enterprises must ensure that it does not violate the provisions of Article 19 of Decree No. 174/2016/ND-CP dated December 30, 2016 of the Government detailing a number of articles of the Accounting Law.
3. Micro-enterprises are allowed to sign contracts with accounting service units to hire accounting services or chief accountant services according to the provisions of law. The list of units qualified to provide accounting services is published and periodically updated on the Electronic Information Portal of the Ministry of Finance.
Thus, according to regulations, micro-enterprises can sign a contract with an accounting service business unit to hire accounting services. or chief accountant service according to the provisions of law.
The list of units qualified to provide accounting services is published and periodically updated on the Electronic Information Portal of the Ministry of Finance.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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