What is the legal support plan for small and medium-sized enterprises of the Ministry of Finance according to Decision 124/QD-BTC?

Legal support plan for small and medium-sized enterprises in 2024 of the Ministry of Finance according to Decision 124/QD-BTC?

On January 18, 2024, the Ministry of Finance issued Decision 124/QD-BTC of 2024 on the Ministry of Finance’s 2024 Legal Support Plan for Small and Medium Enterprises.

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In Section II, the Plan issued together with Decision 124/QD-BTC in 2024 guides the form and central content of the legal support plan for small and medium-sized enterprises of the Ministry of Finance in 2024 as follows:

– Organize communication, propaganda, and dissemination of legal documents on finance for small and medium-sized enterprises in various forms, specifically:

+ Organize conferences to disseminate and train legal knowledge

+ Organize seminars, dialogues, and foster financial knowledge for small and medium-sized enterprises

+ Developing, compiling and distributing publications, documents, leaflets, leaflets… disseminating and introducing legal documents

+ Develop a communication program on legal documents on finance for small and medium-sized enterprises through articles and introductions in newspapers and magazines and develop reportage programs on radio and television stations.

+ Propaganda through digital platforms (websie, zalo, facebook).

– In 2024, provide legal support and collect opinions to complete draft documents for groups of legal documents, specifically as follows:

+ Decree 84/2023/ND-CP amending and supplementing Decree 119/2022/ND-CP Vietnam’s special preferential import tariff schedule to implement the ASEAN – Korea Trade in Goods Agreement for the period 2022-2027;

+ Decree amending and supplementing Decree 26/2023/ND-CP on Export Tariffs, Preferential Import Tariffs, List of goods and absolute tax rates, mixed taxes, import taxes outside tariff quotas;

+ Decree amending Decree 123/2020/ND-CP regulating invoices and documents;

+ Decree amending and supplementing Decree 123/2020/ND-CP stipulating tax administration for enterprises with associated transactions.

+ Decree on Vietnam’s special preferential import tariff to implement the agreement to promote bilateral trade between Vietnam and Cambodia for the period 2023-2023;

+ Decree on special preferential import tariffs implementing the Vietnam-Israel Free Trade Agreement;

+ Decree on special preferential import tariffs implementing the Vietnam – United Arab Emirates (UAE) Free Trade Agreement.

+ Draft Circular guiding tax.

The General Department of Taxation and the Department of International Cooperation shall preside over and coordinate with the Department of Legal Affairs and relevant units to determine the subjects, content, form, time and location of legal support for businesses suitable for documents drafted by the presiding unit.

Are workers of small and medium-sized enterprises supported with vocational training support up to 2 million VND?

In Article 10 of Circular 52/2023/TT-BTC, it is stipulated as follows:

Vocational training for workers of SMEs

Employees of SMEs who meet the conditions specified in Clause 4, Article 14 of Decree 80/2021/ND-CP when participating in elementary-level vocational training courses or training programs of 03 months or less are supported by the state budget for vocational training costs, one time per person, at the cost according to the notification of the vocational training facility but must not exceed the maximum limit specified in Point dd, Clause 1, Article 7 of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance regulating the management and use of funds to support training at primary level and training of less than 3 months.

Accordingly, employees of small and medium-sized enterprises participating in vocational training courses at the primary level or training programs of 03 months or less are supported by the state budget for vocational training costs, one time per person, the cost according to the notice of the vocational training facility but not exceeding 02 million VND/person/course.

To receive support, employees of small and medium-sized enterprises must meet the following conditions:

– Have worked in a small and medium-sized enterprise for at least 6 consecutive months before participating in the training course.

What are the criteria for determining small and medium-sized enterprises according to current regulations?

In Article 5 of Decree 80/2021/ND-CP stipulates the criteria for determining small and medium-sized enterprises as follows:

– Micro enterprises in the fields of agriculture, forestry, and fisheries; The industrial and construction sectors employ no more than 10 employees participating in social insurance on average each year and the total revenue of the year is not more than 3 billion VND or the total capital of the year is not more than 3 billion VND.

Micro-enterprises in the field of commerce and services employ workers participating in social insurance with an average of no more than 10 people per year and the total revenue of the year is not more than 10 billion VND or the total capital of the year is not more than 3 billion VND.

– Small businesses in the fields of agriculture, forestry and fisheries; The industry and construction sector employs an average of no more than 100 workers participating in social insurance per year and the total revenue of the year is not more than 50 billion VND or the total capital of the year is not more than 20 billion VND, but is not a micro-enterprise as prescribed in Clause 1 of this Article.

Small enterprises in the field of commerce and services that employ workers participating in social insurance with an average of no more than 50 people per year and total revenue of the year not exceeding 100 billion VND or total capital of the year not exceeding 50 billion VND, but are not micro enterprises as prescribed in Clause 1, Article 5 of Decree 80/2021/ND-CP.

– Medium enterprises in the fields of agriculture, forestry and fisheries; The industry and construction sector employs an average annual workforce of no more than 200 people participating in social insurance and the year’s total revenue is not more than VND 200 billion or the year’s total capital is not more than VND 100 billion, but are not micro enterprises or small enterprises as prescribed in Clause 1 and Clause 2, Article 5 Decree 80/2021/ND-CP.

Medium-sized enterprises in the field of commerce and services employ workers participating in social insurance with an average of no more than 100 people per year and total revenue of the year not exceeding 300 billion VND or total capital of the year not exceeding 100 billion VND, but are not micro enterprises or small enterprises as prescribed in Clause 1 and Clause 2, Article 5 of Decree 80/2021/ND-CP.

Practical points to review

For the topic “What is the legal support plan for small and medium-sized enterprises of the Ministry of Finance according to Decision 124/QD-BTC?”, 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.

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