No. | Official Dispatch | Content | Date of issuance |
---|---|---|---|
Value-Added Tax (VAT) | |||
1 | Official Dispatch No. 151/TCT-CS from the General Department of Taxation on Value-Added Tax | Conditions for VAT deduction and refund for input VAT on exported goods and services, as well as conditions and procedures for VAT refunds, are specified in Article 16 and Article 19 of Circular No. 219/2013/TT-BTC and Article 2 of Circular No. 25/2018/TT-BTC, which amends and supplements Clause 4, Article 8 of Circular No. 219/2013/TT-BTC of the Ministry of Finance. In cases where enterprises export goods abroad to related parties, if they meet the conditions for VAT deduction and refund for input VAT on exported goods under VAT law, and fulfill the documentation and procedural requirements under the Law on Tax Administration, the Tax Department will process VAT refunds in accordance with the law and its authority. | 10/01/2025 |
2 | Official Dispatch No. 147/TCT-CS from the General Department of Taxation on VAT Policy | Business establishments that are registered for business and VAT payment under the credit method (including newly established business establishments from investment projects) with new investment projects (including projects divided into multiple investment phases or investment items) as prescribed by the Investment Law, during the investment phase, with cumulative input VAT on goods and services incurred during the investment phase not yet fully deducted amounting to 300 million VND or more, are eligible for VAT refunds. The application for VAT refunds for investment projects is implemented according to Clause 2, Article 28 of Circular No. 80/2021/TT-BTC dated 29/09/2021 by the Ministry of Finance (amended and supplemented by Circular No. 13/2023/TT-BTC). In cases where business establishments are not eligible for VAT refunds for investment projects but have exported goods or services, if input VAT from investment, construction, and fixed assets for production and business activities related to exported goods or services is incurred, they can summarize the input VAT from investment, construction, and fixed assets to determine the VAT refundable amount for exported goods and services in accordance with Decree No. 146/2017/ND-CP dated 15/12/2017 by the Government and Circular No. 25/2018/TT-BTC dated 16/03/2018 by the Ministry of Finance. | 10/01/2025 |
3 | Official Dispatch No. 253/CTHN-TTHT from the Hanoi Tax Department on VAT Rates | Revenue sharing from business cooperation contracts with foreign companies and foreign advertising partners is subject to a VAT rate of 10%, as guided in Article 11 of Circular No. 219/2013/TT-BTC dated 31/12/2013 by the Ministry of Finance. | 03/01/2025 |
Invoice | |||
4 | Official Dispatch No. 5223/CTHPH-TTHT from the Hai Phong Tax Department on Tax Policy Guidance | If transactions involving the sale of goods in foreign currency arise in accordance with foreign exchange regulations, invoice issuance must comply with the provisions of Article 9 and Point c, Clause 13, Article 10 of Decree No. 123/2020/ND-CP dated 19/10/2020 by the Government. The foreign exchange rate recorded on the invoice must follow the provisions of Clause 3 and Point g, Clause 5, Article 1 of Circular No. 53/2016/TT-BTC dated 21/03/2016 by the Ministry of Finance. | 30/12/2024 |
Tax Policy for Export Services | |||
5 | Official Dispatch No. 5209/CTHPH-TTHT from the Hai Phong Tax Department on Tax Policy Guidance |
|
30/12/2024 |
Repair Costs and Fixed Asset Depreciation | |||
6 | Official Dispatch No. 12158/CCTHLO-TTHT from the Quang Ninh Tax Department on Accounting for Post-Storm Repair Costs |
|
31/12/2024 |
7 | Official Dispatch No. 32601/CTBDU-TTHT from the Binh Duong Tax Department on Fixed Asset Depreciation | In principle, the company should account for the increase in fixed assets in accordance with the current regulations on enterprise accounting. Depreciation expenses that meet the conditions outlined in Clause 1, Article 4 and are not subject to the cases specified in Point 2.2, Clause 2, Article 4 of Circular No. 96/2015/TT-BTC can be included as deductible expenses when determining taxable corporate income. | 27/12/2024 |
Corporate Income Tax (CIT) | |||
8 | Official Dispatch No. 101/CTTGI-TTHT from the Tien Giang Tax Department on Corporate Income Tax Policy |
|
10/01/2025 |
Personal Income Tax (PIT) | |||
9 | Official Dispatch No. 194/TCT-DNNCN from the General Department of Taxation on Personal Income Tax Policy |
|
14/01/2025 |
Tax Policy for Opening Additional Business Locations | |||
10 | Official Dispatch No. 449/CTNDI-TTHT from the Nam Dinh Tax Department on VAT Refunds and Tax Declarations | In cases where the company opens an additional business location (not a production facility) to conduct business activities in a province other than where its headquarters is located, with centralized accounting at the headquarters and not subject to allocation, the company is required to declare taxes as follows:
|
15/01/2025 |
Value-Added Tax (VAT)
10/01/2025: Official Dispatch No. 151/TCT-CS from the General Department of Taxation on Value-Added Tax
Conditions for VAT deduction and refund for input VAT on exported goods and services, as well as conditions and procedures for VAT refunds, are specified in Article 16 and Article 19 of Circular No. 219/2013/TT-BTC and Article 2 of Circular No. 25/2018/TT-BTC, which amends and supplements Clause 4, Article 8 of Circular No. 219/2013/TT-BTC of the Ministry of Finance.
In cases where enterprises export goods abroad to related parties, if they meet the conditions for VAT deduction and refund for input VAT on exported goods under VAT law, and fulfill the documentation and procedural requirements under the Law on Tax Administration, the Tax Department will process VAT refunds in accordance with the law and its authority.
10/01/2025: Official Dispatch No. 147/TCT-CS from the General Department of Taxation on VAT Policy
Business establishments that are registered for business and VAT payment under the credit method (including newly established business establishments from investment projects) with new investment projects (including projects divided into multiple investment phases or investment items) as prescribed by the Investment Law, during the investment phase, with cumulative input VAT on goods and services incurred during the investment phase not yet fully deducted amounting to 300 million VND or more, are eligible for VAT refunds. The application for VAT refunds for investment projects is implemented according to Clause 2, Article 28 of Circular No. 80/2021/TT-BTC dated 29/09/2021 by the Ministry of Finance (amended and supplemented by Circular No. 13/2023/TT-BTC).
In cases where business establishments are not eligible for VAT refunds for investment projects but have exported goods or services, if input VAT from investment, construction, and fixed assets for production and business activities related to exported goods or services is incurred, they can summarize the input VAT from investment, construction, and fixed assets to determine the VAT refundable amount for exported goods and services in accordance with Decree No. 146/2017/ND-CP dated 15/12/2017 by the Government and Circular No. 25/2018/TT-BTC dated 16/03/2018 by the Ministry of Finance.
03/01/2025: Official Dispatch No. 253/CTHN-TTHT from the Hanoi Tax Department on VAT Rates
Revenue sharing from business cooperation contracts with foreign companies and foreign advertising partners is subject to a VAT rate of 10%, as guided in Article 11 of Circular No. 219/2013/TT-BTC dated 31/12/2013 by the Ministry of Finance.
Invoice
30/12/2024: Official Dispatch No. 5223/CTHPH-TTHT from the Hai Phong Tax Department on Tax Policy Guidance
If transactions involving the sale of goods in foreign currency arise in accordance with foreign exchange regulations, invoice issuance must comply with the provisions of Article 9 and Point c, Clause 13, Article 10 of Decree No. 123/2020/ND-CP dated 19/10/2020 by the Government. The foreign exchange rate recorded on the invoice must follow the provisions of Clause 3 and Point g, Clause 5, Article 1 of Circular No. 53/2016/TT-BTC dated 21/03/2016 by the Ministry of Finance.
Tax Policy for Export Services
30/12/2024: Official Dispatch No. 5209/CTHPH-TTHT from the Hai Phong Tax Department on Tax Policy Guidance
- On VAT Rates: If the company directly provides services to organizations or individuals in non-tariff zones for consumption within such zones, meeting the conditions stipulated in Clause 2, Article 9 of Circular No. 219/2013/TT-BTC dated 31/12/2013 by the Ministry of Finance, and not falling under cases excluded from the 0% tax rate as specified in Clause 3, Article 9 of Circular No. 219/2013/TT-BTC, the services are eligible for a 0% VAT rate.
- On Foreign Contractor Tax: Foreign contractors earning income in Vietnam from international freight and logistics services for exports from Vietnam must pay foreign contractor tax as stipulated in Article 1 of Circular No. 103/2013/TT-BTC. If the foreign contractor fails to meet any of the conditions outlined in Article 8 of Circular No. 103/2014/TT-BTC, the company is responsible for withholding, declaring, and paying taxes on behalf of the foreign contractor in accordance with Articles 12 and 13 of Circular No. 103/TT-BTC, as detailed below:
- Freight Charges for Exports from Vietnam (International Transportation Fees):
- VAT: A 0% VAT rate is applied if it qualifies as international transportation services with sufficient documentation as required in Clause 2.c, Article 9 of Circular No. 219/2013/TT-BTC. If the conditions under Clause 2.c, Article 9 of Circular No. 219/2013/TT-BTC are not met, VAT is calculated at 3% of taxable revenue.
- CIT (Corporate Income Tax): CIT is calculated at a rate of 2% on taxable revenue.
- Insurance Fees and Agency Fees for Goods:
- VAT: VAT is calculated at 5% of taxable revenue.
- CIT: CIT is calculated at 5% of taxable revenue.
Repair Costs and Fixed Asset Depreciation
31/12/2024: Official Dispatch No. 12158/CCTHLO-TTHT from the Quang Ninh Tax Department on Accounting for Post-Storm Repair Costs
- Expenses that meet the conditions specified in Clause 1, Article 4 of Circular No. 96/2015/TT-BTC dated 22/06/2015 by the Ministry of Finance can be deducted when determining taxable corporate income.
- In cases where the company incurs repair costs for fixed assets that are not added to the original value of the fixed assets, these costs can either be directly accounted for as expenses or gradually allocated to business expenses during the period, but for no more than 3 years. For fixed assets with cyclical repair needs, the company may allocate estimated repair costs to annual expenses as stipulated in Article 7 of Circular No. 45/2013/TT-BTC dated 25/04/2013 by the Ministry of Finance.
27/12/2024: Official Dispatch No. 32601/CTBDU-TTHT from the Binh Duong Tax Department on Fixed Asset Depreciation
In principle, the company should account for the increase in fixed assets in accordance with the current regulations on enterprise accounting. Depreciation expenses that meet the conditions outlined in Clause 1, Article 4 and are not subject to the cases specified in Point 2.2, Clause 2, Article 4 of Circular No. 96/2015/TT-BTC can be included as deductible expenses when determining taxable corporate income.
Corporate Income Tax (CIT)
10/01/2025: Official Dispatch No. 101/CTTGI-TTHT from the Tien Giang Tax Department on Corporate Income Tax Policy
- In cases where the company provides sales bonuses and loyal customer rewards under Clause 1, Article 5 of Circular No. 219/2013/TT-BTC, the supermarket system issues collection documents instead of VAT invoices, and the company issues payment vouchers based on the purpose of expenditure.
- If the sales bonuses and loyal customer rewards meet the conditions specified in Article 4 of Circular No. 96/2015/TT-BTC dated 22/06/2015 by the Ministry of Finance, they can be recognized as deductible expenses for CIT calculation purposes.
Personal Income Tax (PIT)
14/01/2025: Official Dispatch No. 194/TCT-DNNCN from the General Department of Taxation on Personal Income Tax Policy
- The taxable income for PIT on inheritance of contributed capital in a multi-member limited liability company (LLC) is determined based on the book value of the company’s balance sheet at the time of the most recent balance sheet prepared under accounting regulations before the registration of ownership rights for the inherited capital.
- The book value on the company’s balance sheet is calculated as the difference between total assets and liabilities, determined by subtracting the liability accounts (Code 300) from the total asset accounts (Code 100 + Code 200) as reflected in the balance sheet.
Tax Policy for Opening Additional Business Locations
15/01/2025: Official Dispatch No. 449/CTNDI-TTHT from the Nam Dinh Tax Department on VAT Refunds and Tax Declarations
In cases where the company opens an additional business location (not a production facility) to conduct business activities in a province other than where its headquarters is located, with centralized accounting at the headquarters and not subject to allocation, the company is required to declare taxes as follows:
- Value-Added Tax (VAT): The company declares and pays VAT to the tax authority managing its headquarters.
- Corporate Income Tax (CIT): The company declares and pays CIT to the tax authority managing its headquarters.
- Personal Income Tax (PIT): The company complies with the provisions of Article 19 of Circular No. 80/2021/TT-BTC dated 29/09/2021.