When can micro-enterprises change their accounting regime?is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
When can micro-enterprises change their accounting regime?
The accounting regime for micro enterprises is specified in Clause 4, Article 3 of Circular 132/2018/TT-BTC as follows:
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Apply 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 as prescribed in 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. Changes to the applicable accounting regime can only be made at the beginning of the next fiscal year.
According to the above regulations, micro enterprises must apply a consistent accounting regime within a financial year.
Changing the applicable accounting regime can only be done now the beginning of the next fiscal year.
Can micro-enterprises create their own accounting voucher forms?
The form of accounting documents for micro enterprises is specified in Clause 3, Article 4 of Circular 132/2018/TT-BTC as follows:
Accounting documents
1. The content of accounting documents, the preparation and signing of accounting documents of micro enterprises comply with the provisions of Article 16, Article 17, Article 18, Article 19 of the Accounting Law and specific instructions in this Circular.
2. Contents, forms of invoices, procedures for creating, managing and using invoices (including electronic invoices) comply with the provisions of tax law.
3. Micro-enterprises are allowed to develop their own accounting voucher forms suitable to the characteristics of their business activities, ensuring clarity, transparency, ease of inspection and control (except for invoices for sales of goods and services). In case a micro-enterprise cannot develop its own accounting voucher form, it can apply the form and method of preparing accounting vouchers guided in Appendix 1 of this Circular.
Thus, according to regulations, micro enterprises are allowed to develop their own accounting voucher forms suitable to the characteristics of their business activities, ensuring clarity, transparency, ease of inspection and control (except for invoices for sales of goods and services).
Note: In case a micro-enterprise cannot build its own accounting voucher form, it can apply the form and method of preparing accounting vouchers guided in Appendix 1 issued with Circular 132/2018/TT-BTC.
Are micro enterprises required to have a chief accountant?
The organization of the accounting apparatus of a micro enterprise is specified in Clause 1, Article 8 of Circular 132/2018/TT-BTC as follows:
The organization of the accounting apparatus and accountants math
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 not to 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.
According to the above regulations, micro enterprises are assigned to be in charge of accounting, but are not required to arrange 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 Circular 132/2018/TT-BTC.
In addition, micro-enterprises can also sign a contract with an accounting service business unit to hire accounting services or chief accountant services for their business according to the provisions of law.
Note on Applying Current Legal Regulations
This article belongs to the Real Estate & Projects 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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Practical points to review
For the topic “When can a micro-enterprise change its accounting regime? Can micro-enterprises develop their own accounting voucher forms?”, readers should compare the legal rule with the actual documents, parties involved, timeline and evidence before choosing a course of action.
- Identify the legal relationship, signing authority and documents creating rights or obligations.
- Check deadlines, notices, payment records, approvals and evidence that may affect the legal position.
- Assess whether negotiation, document correction, complaint, arbitration, court proceedings or another route is suitable.
Documents to prepare
- Contracts, annexes, decisions, notices, emails, messages, payment records and handover/acceptance minutes where relevant.
- Enterprise, asset, license or identity documents connected to the matter.
- A short timeline of key events and the outcome expected from the review.
When to seek legal advice
If the matter has high value, strict deadlines, multiple parties, unclear evidence or potential dispute risk, consider discussing the file with ANT Legal before signing, responding or filing a claim.
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