No. | Document | Content | Date of Issuance |
---|---|---|---|
Invoices and Documents | |||
1 | Official Letter No. 5350/CTLAN-TTHT from the Long An Tax Department on Tax Policy |
|
27/11/2024 |
Tax Policy on Promotional Programs | |||
2 | Official Letter No. 07/CTLAN-TTHT from the Long An Tax Department on Tax Policy for Promotional Programs | If a company conducts a promotional program involving a lucky draw for customers in accordance with commercial laws, the company must issue an invoice upon awarding the prize to the customer, as required by Clause 1, Article 4 of Decree 123/2020/ND-CP. For products or goods used for promotions as per commercial law regulations, the taxable value is determined as zero (0), in accordance with Clause 5, Article 7 of Circular 219/2013/TT-BTC. Any cash or non-cash rewards that individuals receive through promotional activities related to the purchase of goods and services, as specified in the Commercial Law, are considered taxable income from winnings under Clause 6, Article 2 of Circular 111/2013/TT-BTC. If the prize value exceeds 10 million VND, the company must withhold personal income tax (PIT) before awarding the prize to the recipient. The tax deduction is calculated based on Article 15 of Circular 111/2013/TT-BTC. If the company incurs expenses related to promotional programs, these expenses can be considered deductible for corporate income tax (CIT), provided they comply with the conditions set forth in Article 4 of Circular 96/2015/TT-BTC | 02/01/2025 |
Personal Income Tax (PIT) | |||
3 | Official Letter No. 842/CTCTH-TTHT from the Can Tho Tax Department on Automatic Personal Income Tax Refunds | On January 24, 2025, the General Department of Taxation issued Decision No. 108/QĐ-TCT on the implementation of the Automatic Personal Income Tax Refund Process. The Can Tho Tax Department provides the following key points based on this procedure: Taxpayers are individuals who use the eTax Mobile application, the electronic tax application for individuals developed by the General Department of Taxation, to review information on the suggested PIT finalization return, which is automatically generated by the tax authority’s IT system. If the taxpayer agrees with the suggested information on the PIT finalization return, they confirm and submit the finalization declaration through the application as per regulations. If the taxpayer disagrees with the suggested information on the PIT finalization return, they must adjust the relevant details, provide a reason for the discrepancies compared to the tax authority’s suggested data, and submit the finalization declaration along with supporting documents as required. | 14/02/2025 |
4 | Official Letter No. 126/DNL-THNV from the Large Enterprise Tax Department on Automatic Personal Income Tax Refunds | The Large Enterprise Tax Department requests businesses to implement the following measures to facilitate personal income tax (PIT) finalization for taxpayers:
|
14/02/2025 |
5 | Official Letter No. 776/CTTGI-HKDCN from the Tien Giang Tax Department | Guidelines for Quarterly and Annual PIT Finalization for Foreign Workers with Global Income
1. Quarterly Tax Declaration:
According to the guidelines for filling out Form 02/KK-TNCN under Circular 80/2021/TT-BTC:
|
19/02/2025 |
Corporate Income Tax (CIT) | |||
6 | Official Letter No. 655/TCT-CS from the General Department of Taxation on Corporate Income Tax Policy | In cases where a fixed asset lacks documentation proving the company's legal ownership as required by law, such an asset does not qualify for depreciation and cannot be included as a deductible expense when determining taxable corporate income. | 14/02/2025 |
Registration Fees | |||
Related-Party Transactions | |||
7 | Official Letter No. 8764/CTCTH-TTHT from the Can Tho Tax Department on the Implementation of Decree No. 20/2025/NĐ-CP (Issued on February 10, 2025) | The Can Tho Tax Department highlights key amendments in Decree 20/2025/NĐ-CP, which revises and supplements certain provisions of Decree 132/2020/NĐ-CP regarding tax management for enterprises engaged in related-party transactions:
|
17/02/2025 |
Import-Export Taxes and Fees | |||
8 | Official Letter No. 831/TCHQ-TXNK from the General Department of Customs on Customs Valuation Declaration | A company and its seller have an agreement regarding incentives/penalties for unloading cargo by the buyer. Specifically:
|
19/02/2025 |
Value-Added Tax (VAT) | |||
9 | Official Letter No. 1872/BTC-TCT from the Ministry of Finance on VAT Policy | In cases where a domestic enterprise sells goods to a foreign trader with a presence in Vietnam and is instructed to deliver the goods to a third party (a Vietnamese enterprise) via a bonded warehouse, this does not meet the conditions for export goods under the following categories:
|
17/02/2025 |
Corporate Income Tax (CIT) | |||
10 | Official Letter No. 682/TCT-CS from the General Department of Taxation on Tax Policy | The tax exemption and reduction period for CIT is calculated continuously from the first year the enterprise generates taxable income from a new investment project eligible for tax incentives.
If the enterprise does not generate taxable income within the first three years from the date of revenue generation from the new investment project, the tax exemption and reduction period will start from the fourth year.
If, in the first tax period, the new investment project has an operational period of fewer than 12 months, the enterprise can choose:
|
18/02/2025 |
Invoices and Documents
27/11/2024: Official Letter No. 5350/CTLAN-TTHT from the Long An Tax Department on Tax Policy
- In cases where a company authorizes an individual employee to use their personal bank account for expense payments, and this payment method is explicitly stipulated in the company’s financial regulations or an official authorization decision, the expenses paid through this method can be considered deductible for corporate income tax (CIT) purposes. To qualify, the company must have complete supporting documents, including:
- Service purchase invoices issued in the company’s name with its tax code.
- Documentation related to the company’s authorization of the employee for payments.
- Payment records showing the transfer from the employee’s bank account to the seller.
- Reimbursement records showing the transfer from the company’s bank account to the employee.
These conditions must comply with Article 4 of Circular 96/2015/TT-BTC.
- If the company provides transportation cost support to buyers to promote sales, the buyer must issue a VAT invoice to the company upon receiving the support. The two parties must prepare an offsetting agreement to deduct the supported transportation cost from the purchased goods’ value. This agreement must be clearly stated in the contract or an appendix, accompanied by a cost breakdown and a confirmation record between both parties. If these conditions are met, the company can include this expense as a deductible cost when determining taxable CIT, as per Article 4 of Circular 96/2015/TT-BTC.
- When organizing customer seminars to promote the company’s products, brand, and usage instructions, expenses incurred for these seminars may be considered deductible for CIT purposes, provided that:
- The seminar attendees include company customers and farmers.
- The company establishes an official seminar policy that specifies provisions for covering meal expenses.
- A signed attendance list is maintained.
- Meal expenses are supported by valid invoices and documents, in compliance with Article 4 of Circular 96/2015/TT-BTC.
If the company provides cash payments to seminar attendees, it must prepare a detailed list including the recipients’ names, the amount received, and their signatures to support the deductibility of these expenses.
Tax Policy on Promotional Programs
02/01/2025: Official Letter No. 07/CTLAN-TTHT from the Long An Tax Department on Tax Policy for Promotional Programs
If a company conducts a promotional program involving a lucky draw for customers in accordance with commercial laws, the company must issue an invoice upon awarding the prize to the customer, as required by Clause 1, Article 4 of Decree 123/2020/ND-CP.
For products or goods used for promotions as per commercial law regulations, the taxable value is determined as zero (0), in accordance with Clause 5, Article 7 of Circular 219/2013/TT-BTC.
Any cash or non-cash rewards that individuals receive through promotional activities related to the purchase of goods and services, as specified in the Commercial Law, are considered taxable income from winnings under Clause 6, Article 2 of Circular 111/2013/TT-BTC. If the prize value exceeds 10 million VND, the company must withhold personal income tax (PIT) before awarding the prize to the recipient. The tax deduction is calculated based on Article 15 of Circular 111/2013/TT-BTC.
If the company incurs expenses related to promotional programs, these expenses can be considered deductible for corporate income tax (CIT), provided they comply with the conditions set forth in Article 4 of Circular 96/2015/TT-BTC
Personal Income Tax (PIT)
14/02/2025: Official Letter No. 842/CTCTH-TTHT from the Can Tho Tax Department on Automatic Personal Income Tax Refunds
On January 24, 2025, the General Department of Taxation issued Decision No. 108/QĐ-TCT on the implementation of the Automatic Personal Income Tax Refund Process. The Can Tho Tax Department provides the following key points based on this procedure:
Taxpayers are individuals who use the eTax Mobile application, the electronic tax application for individuals developed by the General Department of Taxation, to review information on the suggested PIT finalization return, which is automatically generated by the tax authority’s IT system.
If the taxpayer agrees with the suggested information on the PIT finalization return, they confirm and submit the finalization declaration through the application as per regulations.
If the taxpayer disagrees with the suggested information on the PIT finalization return, they must adjust the relevant details, provide a reason for the discrepancies compared to the tax authority’s suggested data, and submit the finalization declaration along with supporting documents as required.
14/02/2025: Official Letter No. 126/DNL-THNV from the Large Enterprise Tax Department on Automatic Personal Income Tax Refunds
The Large Enterprise Tax Department requests businesses to implement the following measures to facilitate personal income tax (PIT) finalization for taxpayers:
- Declare and submit the PIT finalization return, fulfill the obligation to remit the deducted PIT on behalf of employees, and issue complete and timely PIT withholding certificates to employees as per regulations. The company must ensure that 100% of taxpayers have their tax identification numbers (TINs) properly declared in the appendices of the PIT finalization return in accordance with Circular 80/2021/TT-BTC.
- Collaborate with the tax authority to update and standardize individual tax identification number (TIN) data for employees receiving income from the company before submitting the 2024 PIT finalization return.
- Encourage employees to register and use an electronic transaction account with the tax authority and install the eTax Mobile application to facilitate their PIT finalization process.
- Guide employees to actively review their tax-related data, such as total taxable income, personal and dependent deductions, insurance deductions, etc., using the eTax Mobile application or the official electronic tax website (https://thuedientu.gdt.gov.vn). Employees should generate a suggested PIT finalization return via the eTax Mobile application, review, and supplement the necessary information before submitting the official PIT finalization return
19/02/2025: Official Letter No. 776/CTTGI-HKDCN from the Tien Giang Tax Department
Guidelines for Quarterly and Annual PIT Finalization for Foreign Workers with Global Income
1. Quarterly Tax Declaration:
According to the guidelines for filling out Form 02/KK-TNCN under Circular 80/2021/TT-BTC:
- Indicator [20] Total taxable income incurred during the period: This represents the total taxable income from salaries, wages, and other taxable income of a similar nature that an individual receives during the period, including any income exempt from taxation under Double Taxation Avoidance Agreements (if applicable).
Therefore, Indicator [20] must reflect the total taxable income incurred during the period, regardless of whether it originates from Vietnam or abroad.
- Indicator [21] Of which: Taxable income exempt under the Agreement: This represents the total taxable income from salaries, wages, and other similar income that qualifies for tax exemption under a Double Taxation Avoidance Agreement (if applicable).
2. Annual Tax Finalization:
According to regulations, the deadline for the first annual tax finalization submission is no later than the 90th day from the date the taxpayer completes 12 consecutive months of taxable presence.
Corporate Income Tax (CIT)
14/02/2025: Official Letter No. 655/TCT-CS from the General Department of Taxation on Corporate Income Tax Policy
In cases where a fixed asset lacks documentation proving the company’s legal ownership as required by law, such an asset does not qualify for depreciation and cannot be included as a deductible expense when determining taxable corporate income.
Registration Fees
Related-Party Transactions
17/02/2025: Official Letter No. 8764/CTCTH-TTHT from the Can Tho Tax Department on the Implementation of Decree No. 20/2025/NĐ-CP (Issued on February 10, 2025)
The Can Tho Tax Department highlights key amendments in Decree 20/2025/NĐ-CP, which revises and supplements certain provisions of Decree 132/2020/NĐ-CP regarding tax management for enterprises engaged in related-party transactions:
- Amendments and supplements to Points d and k, and the addition of Point m, Clause 2, Article 5 of Decree 132/2020/NĐ-CP, which defines related parties:
- Guarantors or lenders, which are financial institutions operating under the Law on Credit Institutions (i.e., banks), will no longer be considered related parties to borrowing enterprises if they do not directly or indirectly participate in the management, control, capital contribution, or investment in the borrowing enterprise. Likewise, if the bank and the borrowing enterprise (or the guaranteed entity) are not under the common control, ownership, or investment of another party, they will not be considered related parties.
- Addition of related-party cases, including “Credit institutions with their subsidiaries, parent companies, or affiliated companies as defined in the Law on Credit Institutions and its amendments, supplements, or replacements (if applicable).”
- Replacement of Appendix I – The Information on Related-Party Relationships and Related-Party Transactions, previously issued under Decree 132/2020/NĐ-CP, will be replaced by the new Appendix I under Decree 20/2025/NĐ-CP.
- Effective date: This decree takes effect on March 27, 2025, and applies from the 2024 corporate income tax (CIT) period.
Import-Export Taxes and Fees
19/02/2025: Official Letter No. 831/TCHQ-TXNK from the General Department of Customs on Customs Valuation Declaration
A company and its seller have an agreement regarding incentives/penalties for unloading cargo by the buyer. Specifically:
- If the buyer completes the unloading and receipt of goods faster than the required time, they will receive a reward from the seller.
- Conversely, if the unloading takes longer than the required time, the buyer must pay a penalty to the seller.
Since these reward/penalty amounts arise after the buyer has received the goods, they do not qualify as additions or deductions in customs valuation, as per Articles 13, 14, and 15 of Circular No. 39/2015/TT-BTC.
Therefore, these amounts should not be included or deducted when determining the customs value of imported goods.
Value-Added Tax (VAT)
17/02/2025: Official Letter No. 1872/BTC-TCT from the Ministry of Finance on VAT Policy
In cases where a domestic enterprise sells goods to a foreign trader with a presence in Vietnam and is instructed to deliver the goods to a third party (a Vietnamese enterprise) via a bonded warehouse, this does not meet the conditions for export goods under the following categories:
- Goods sold to organizations or individuals abroad and consumed outside of Vietnam
- Goods sold to organizations or individuals in non-tariff zones and consumed within these zones
As a result, the goods in this scenario do not qualify for the 0% VAT rate, as stipulated in Clause 1, Article 9 of Circular 219/2013/TT-BTC.
Corporate Income Tax (CIT)
18/02/2025: Official Letter No. 682/TCT-CS from the General Department of Taxation on Tax Policy
The tax exemption and reduction period for CIT is calculated continuously from the first year the enterprise generates taxable income from a new investment project eligible for tax incentives.
If the enterprise does not generate taxable income within the first three years from the date of revenue generation from the new investment project, the tax exemption and reduction period will start from the fourth year.
If, in the first tax period, the new investment project has an operational period of fewer than 12 months, the enterprise can choose:
- To apply the tax exemption/reduction immediately in that first tax period, or
- To register with the tax authority to defer the tax exemption/reduction to the following tax period.
If the enterprise registers to defer the tax incentive period to the next tax period, it must determine the payable CIT for the first tax period and submit it to the State Budget in accordance with regulations.