Legal updates

Accordingly, to ensure the consistent implementation of the guidance of the General Department of Taxation (in Official Dispatch No. 2121/TCT-CS) on the use of electronic invoices, Ho Chi Minh City guides the following contents:

Regarding invoicing in case the buyer returns the goods due to improper specifications and quality:

In case the organization or individual buying the goods, the seller has issued an invoice, the buyer has received the goods, but then the buyer detects that the goods are not in accordance with the regulations, the quality must be returned in whole or in part, the seller makes an invoice to return the goods to reduce or replace the invoices made, the seller and the buyer have an agreement to specify the returned goods

The VAT rate.

Accordingly, in case the Company provides logistics services and has invoiced according to the provisions of Point a, Clause 4, Article 9 of Decree No. 123/2020/ND-CP dated October 19, 2020 of the Government, the Company shall be entitled to a reduction in VAT according to the regulations for invoices made from July 1, 2023 to December 31, 2023.

The Tax Department of Binh Duong province guides, in case the total net profit from business activities in the period plus the cost of borrowing interest after deducting deposits and  interest from loan incurred in the period plus amortization expenses incurred in period is negative amount (negative EBITDA) then:

The General Department of Taxation shall instruct provincial/municipal Tax Departments to inspect electronic invoices. Accordingly, the General Department of Taxation has built a function on the electronic invoice application to meet the requirements of controlling electronic invoices, preventing the issuance of false invoices.

Some of the main functions are as follows:

The system automatically controls the total value of goods sold on issued invoices against the input value threshold calculated by K times the total value of inventories and the total value of purchased goods.

Accordingly, the implementation of the report on the use of foreign workers in the first 6 months of 2023 in Ho Chi Minh City was reported by the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City.

Report form: form No. 07/PLI issued together with Appendix I of Decree No. 152/2020/ND-CP.

Data of the reporting period: is the total number of foreign workers from December 15, 2022 to

Accordingly, the General Department of Taxation guides:

(i)In case goods and services are eligible for VAT reduction according to Decree 15/2022/ND-CP, after December 31, 2022, if errors are detected must issue an adjustment or replacement invoice and they do not affect the amount of goods and payable VAT or adjustment of the taxable price, the adjusted or replaced invoice shall apply the VAT rate of 8%; Where errors in quantity of goods lead to adjust the amount of goods and VAT, the adjusted or replaced invoice shall apply the VAT rate prescribed at the time of making the adjusted or replaced invoice.

Accordingly, the General Department of Taxation guides:

(i)In case goods and services are eligible for VAT reduction according to Decree 15/2022/ND-CP, after December 31, 2022, if errors are detected must issue an adjustment or replacement invoice and they do not affect the amount of goods and payable VAT or adjustment of the taxable price, the adjusted or replaced invoice shall apply the VAT rate of 8%; Where errors in quantity of goods lead to adjust the amount of goods and VAT, the adjusted or replaced invoice shall apply the VAT rate prescribed at the time of making the adjusted or replaced invoice.

In principle, specific goods and services such as electricity, water, telecommunications services, information technology services, television services, delivery services, banking, securities, and insurance If the goods are sold in a certain period, the invoice must specify the period of goods and service provision. For the services produced by period, the list of invoices may be used to list the types of goods and services sold with the invoice; The list is kept together with the invoice to serve the inspection and comparison of the competent authorities as prescribed at point a, Clause 6, Article 10 of Decree No. 123/2020/ND-CP.

Accordingly, the National Assembly Standing Committee agreed on the scope of application of the VAT reduction policy as stipulated in Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies. support the program of socio-economic recovery and development.

Accordingly, in order to implement Article 4 of Decree No. 145/2020/ND-CP of the Ho Chi Minh Department of Labour, War Invalids and Social Affairs guiding the implementation of the report on the use of labor, as follows:

1.Subjects of the report: Enterprises, agencies and organizations that employ employees and have their headquarters and operating locations in Ho Chi Minh City (hereinafter referred to as units).