Legal updates

Accordingly, in case the Company lends machinery and equipment to suppliers to produce products as well as use goods and services (including purchased from outside or self-produced by business establishments) to give, donate, donate or exchange, the Company must make invoices, declare and calculate VAT payment as goods sales invoices to customers.

Accordingly, in case the e-invoice has been made according to the provisions of Decree No. 123/2020/ND-CP but this invoice has errors , it shall be invoiced according to the instructions at Point e, Clause 1, Article 7 of Circular No. 78/2021/TT-BTC of the Ministry of Finance. The Company shall declare adjustments in the tax period with errors as prescribed in Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019 of the National Assembly and Clause 4, Article 7 of Decree 126/2020/ND-CP dated October 19, 2020 of the Government.

In case the Company meets the conditions for providing containerized logistics services as prescribed in Decree No. 163/2017/ND-CP dated December 30,2017 of the Government, the service is subject to VAT reduction as prescribed in Decree No. 44/2023/ND-CP dated June 30, 2023 of the Government.

In case the Company authorizes an individual who is an employee of the Company to pay for the purchase of fixed assets used for the Company’s production and business activities with a value of twenty (20) million VND or more (price includes VAT ) to the seller by paying that individual’s credit card to the seller’s account, The Company pays the individual through a transfer from the Tax Authority’s registered Company account to the individual’s account. The company can declare and deduct input VAT and have it included in deductible expenses when calculating corporate income tax, if it simultaneously satisfies:

Accordingly, the General Department of Taxation guides:
In case Company A (in Vietnam) signs a contract with Company B (in Hong Kong) to provide sample testing services for goods before being imported to Vietnam, this testing service is subject to subject to contractor tax in Vietnam.

Accordingly, suspend the implementation of Clause 8, Clause 9 and Clause 10, Article 8 of Circular No. 39/2016/TT-NHNN dated December 30, 2016 (added according to Clause 2, Article 1 of Circular No. 06/2023/TT-NHNN dated June 28, 2023 on amending and supplementing a number of articles of Circular No. 39/2016/TT-NHNN) from September 1, 2023 until the effective date of the new legal documents regulating these issues.

The content whose effect is suspended is specifically as follows:

In case an electronic invoice has been created according to Decree No. 123/2020/ND-CP, sent to the buyer and then errors are discovered in the seller’s address and other contents are correct, then:

The company notifies the buyer that the invoice has errors and does not have to re-issue the

Accordingly, in case the Company has a work item accepted in June 2023 but invoices are issued in July 2023, it is an act of invoicing at the wrong time and the 8% VAT rate under stipulated in Clause 1, Article 2 of Decree 44/2023/ND-CP dated June 30, 2023.

Accordingly, the General Department of Taxation guides:
In case Company A (in Vietnam) signs a contract with Company B (in Hong Kong) to provide sample testing services for goods before being imported to Vietnam, this testing service is subject to subject to contractor tax in Vietnam.

Accordingly, the Tax Department of Bac Ninh province instructs:

In case Company A is an export processing enterprise (EPE) lending machinery and equipment to Company B to serve the export processing activities of the DNCX, when lending machinery and equipment, Company A must make an invoice.