New regulations coming into force from the middle of April, 2017

1. Enrolment targets and regulations on enrolment at intermediate and college levels in 2017

On March 02, 2017, Ministry of Labour, War Invalids and Social Affairs promulgates the Circular No. 05/2017/TT-BLDTBXH providing regulations on enrolment and criteria for determination of enrolment targets at intermediate and college levels in 2017. According to the said Circular:

- The enrollment shall be administered one or multiple times in a year;

- The candidate may apply for registration of enrollment in one or several education institutions through the application form which is issued by each education institution and posted on its website;

- An application for enrolment includes the Application for enrolment form and valid copies of necessary documents subject to requirements and criteria for assessment or examination of each education institution.

- Enrolment targets at intermediate and college levels in 2017 shall be determined according to the following criteria:

+ The ratio of students to teachers or lecturers of each major;

+ Training facilities and equipment in conformity with training levels, majors and scope.

In addition to the said regulations, an appendix on priority policies for enrolment in intermediate and college levels is enclosed with the said Circular.

The Circular No. 05/2017/TT-BLDTBXH shall come into force from April 15, 2017.

2. Regulations on training duration at intermediate and college levels

The Circular No. 03/2017/TT-BLDTBXH providing procedures for formulation and promulgation of training programs; compilation and appraisal of training syllabi at intermediate and college levels shall come into force as of April 14, 2017.  

According to the said Circular, the year-based duration of training courses shall be as below:

- Duration of a training course at college level shall be 2 - 3 years, and the minimum body of knowledge of each major shall be 60 credits.

- Duration of a training course at intermediate level shall be 1 - 2 years, and the minimum body of knowledge of each major shall be 35 credits if the training course is provided to learners who have graduated from upper secondary schools or 50 credits if the training course is provided to learners who have graduated from lower secondary schools.

Other than the said regulations, the ratio of theory to practice, internship or laboratory training (referred to as "practice”) is provided for as below:

+ Intermediate level: theoretical training period accounts for 25% - 45%; practical period accounts for 55% - 75%;
 
+ College level: theoretical training period accounts for 30% - 50%; practical period accounts for 50% - 70%.

3. Standards of commercial mediators

The Decree No. 22/2017/ND-CP shall officially come into force as of April 15, 2017. This is considered the first decree providing specific regulations on commercial mediation.

According to the said decree, a person who wants to become a commercial mediator must satisfy all of the following standards:

- Have full legal capacity in accordance with regulations of the Civil Code; have virtuous character, and be a reputable, independent, fair-minded and objective person.

- Possess a bachelor’s degree or higher and have experience in the field of study for 02 years or longer;

- Have mediation skills and thorough knowledge of law, business and commercial practices, and relevant sectors.

4. Expanding the scope of regulations on deduction of special excise tax paid upon the importation

On March 06, 2017, Ministry of Finance promulgates the Circular No. 20/2017/TT-BTC on amendments to Clause 2 Article 8 of the Circular No. 195/2015/TT-BTC on special excise tax (which has been amended under the Circular No. 130/2016/TT-BTC). />
The outstanding point of the Circular No. 20 mentioned above is regulation on deduction of special excise tax paid upon the importation.

According to the said Circular, the taxpayer may record the amount of special excise tax that remains after deduction as expenses when calculating corporate income tax instead of the applicable regulation that the taxpayer shall only record the amount of special excise tax that is not fully deducted due to a force majeure event as expenses.

The Circular No. 20/2017/TT-BTC shall come into force from April 20, 2017.

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