Question: Please help us answer a question, our company is an enterprise which has obtained foreign investment capital. After having the audited financial report, where can we submit it to and when is it the deadline?

Barrso’s Lawyer: Thanks for your question, rely on your information. Barrso Law Firm is pleased to answer as follows:

If your accounting system is following the circular No. 200/2014/TT-BTC instructed about enterprise accounting system.

Based on the Article 109 and 110 of this circular, after the financial report has audited, you need to submit it to the competent places: (i) Department of finance (for your enterprise, department of finance in province or city were located at the headquarter of your company), (ii) department of tax, (iii) statistical agency, (iv) mother company (if any), (v) department of business registration.

In addition, if your enterprise is registered the location at a manufacturing area, industrial area, High-tech Zone, you need to submit it to the department of management there.

Please be noted: if your company is a public company beyond above places, you need to submit it to the State Securities Committee and department of security transaction.

If your accounting system is following the circular No. 133/2016/TT-BTC saved for Small and medium enterprise (SME).

Based on the article 80 of this circular, the places will be obtained the financial report by you including: (i) Department of tax, (ii) Department of business registration, (iii) statistical agency.

Moreover, As the circular No. 200, if your enterprise is registered the location at manufacturing area, industrial area, High-tech Zone, you need to submit it to the department of management there.

The duration of the submission of the financial report:

For SME upon the circular No. 133/2016/TT_BTC, the duration of submitting the financial report is 90 days from the end day of the financial year.

For the enterprise upon the circular No. 200/2014/TT-BTC, the duration is to 90 days from the end day of the financial year.

Please be noted: For a Partnership company, you must apply the financial report for the competent authorities within 30 days, from the end day of the financial year.

Question: Our company is a state company, so please help us answer the questions. After we have entirely completed the financial report of the company, where will we submit it to and when is it the deadline?

Barrso’s lawyer: Thank you very much for your question, Barrso’s lawyer answers it as follows:

Pursuant to the article 110 of the circular No. 200/2014/TT-BTC instructed the enterprise accounting system. After having the financial report, you need to submit it to : (i) Department of finance, (ii) Department of tax, (iii) Department of business registration, (iv) statistical agency, (v) mother company (if any)

1. Department of finance is understood as herein:

For a state enterprise at province, city belong to the center, the financial report must submit it to the department of finance of province, city. In addition, central state enterprise must submit it to the ministry of finance (department of enterprise finance)

For a state enterprise specifically: the commercial banks, Lottery companies, credit institutions, insurance companies, securities business companies must submit the financial report to the ministry of finance (department of banks and financial or department of management of insurance monitoring.)

As other enterprises, a securities business company and the public company must submit the financial report to the securities state and the department of securities transaction.

The duration of the submission of the financial report:

The deadline of submission of the quarter with respect to a subsidiary company is 20 days, from the end day of an accounting period of the quarter. For a mother company, the general state company is 45 days.

For a year, the subsidiary company is 30 days, from the end day of an accounting period of the year. For a mother company, the general state company is 90 days.

Question: Our company is holding a 100% investment capital of Vietnamese, so the financial report of the company needs to submit where it can and when it takes.

Barrso’s lawyer: Thank you very much for your question. Barrso’s lawyer will answer as follows:

Pursuant to the Circular No 200/2014/TT-BTC, the circular No. 133/2016/TT-BTC. After the financial report is entirely completed, the enterprise needs to submit it to: (i) Department of tax, (ii) statistical agency (iii) mother company (if any), (iv) department of business registration.

Moreover, if your enterprise is registered the location at manufacturing area, industrial area, High-tech Zone, you need to submit it to the department of management there.

The duration of the submission of the financial report is latest the 90 days from the end day of financial year.

For an individual enterprise and a friendship company must submit the financial report to the competent authorities is lasted as 30 days from the end date of accounting period of year.

For professional legal advice: HOTLINE: (+84) 937 029 368

Sincerely

Barrso Law Firm.