Legal updates

Principles: In cases where a business establishment incurs amounts collected and paid on behalf of others, which are not related to the sale of goods or provision of services by the business establishment, the establishment is not required to declare or pay tax as per applicable regulations.

According to the Company’s explanation: In cases where suppliers issue VAT invoices indicating the Company’s name and tax identification number, and the Company subsequently requests the Partner to reimburse these amounts, the Company must issue a VAT invoice to the Partner, applying the VAT rate as stipulated by law. The Company is responsible for declaring input and output VAT in accordance with the applicable laws on tax management.

In principle, in cases where the taxpayer is a foreign worker (from countries or territories that have signed an Agreement with Vietnam to avoid double taxation and prevent tax evasion on income taxes) who arrived in Vietnam for the first time in February 2022 and meets the conditions to be considered a resident individual in Vietnam, when finalizing PIT for the year 2022, the individual is required to aggregate their global income from February 2022 to December 2022. Simultaneously, the deduction for family circumstances for the taxpayer will be calculated for the period from February 2022 to December 2022 (calculated on a monthly basis). The individual is responsible for completing their tax finalization with the relevant tax authorities.

Branches and representative offices are dependent units of enterprises, while business locations are specific places where enterprises carry out their business activities. In cases where taxpayers are enterprises under enforcement measures, individuals who are the legal representatives of these enterprises fall under the category for consideration of temporary suspension of exit, as prescribed in Article 66 of the Law on Tax Administration and Article 21 of Decree No. 126/2020/ND-CP.

Pursuant to Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government providing detailed regulations and guidance on the implementation of certain provisions of the Labor Code regarding labor conditions and labor relations (hereinafter referred to as Decree No. 145/2020/NĐ-CP):

The new law comprises 4 Chapters and 18 Articles, regulating subjects of taxation, non-taxable subjects, taxpayers, tax bases and calculation methods, as well as VAT deduction and refund mechanisms.

The new Law, consisting of 6 Chapters and 37 Articles, stipulates the functions, tasks, rights, and responsibilities of the Vietnam Trade Union; workers’ rights to establish, join, and participate in trade union activities; the admission of workers’ organizations at enterprises into the Vietnam Trade Union; the rights and responsibilities of trade union members; the responsibilities of the State, agencies, organizations, units, enterprises, and employers towards the Trade Union; ensuring the operation of the Trade Union; resolving disputes and addressing violations of the law on trade unions.

Accordingly, to ensure the rights of participants in social insurance (SI) and health insurance (HI) and to maintain the validity of HI cards from January 1, 2025, the Ho Chi Minh City Social Insurance Agency requests that employers fully transfer payments for SI, HI, unemployment insurance (UI), and occupational accident and disease insurance (OADI) by December 25, 2024.

Accordingly, for the input VAT of the investment project directly managed by the company, which is non-refundable but meets the conditions for deduction, the company is allowed to carry forward the unreimbursed input VAT from goods and services incurred during the investment phase to deduct and offset against the VAT payable from production and business activities directly managed by the company, currently declared at the Hai Phong City Tax Department (if applicable).

In cases where a company engages in both exporting goods and services and selling goods and services domestically, the company is required to separately account for the input VAT used for the production and business of exported goods and services.