Legal updates

In case the Company detects that the input invoice is omitted, leading to the tax declaration dossier submitted to the tax authority with errors and omissions, the Company shall supplement the tax declaration dossier of the period with errors as prescribed in Article 47 of the Law on Tax Administration No. 38/2019/QH14.

Accordingly, the General Department of Taxation responded to the Tax Department of Hanoi city based on Official Dispatch No. 2037/BTC-TCT dated February 16, 2017 of the Ministry of Finance. In cases where foreign workers sign a labor contract with the Company, they receive income that does not include personal income tax and are paid by the company on behalf of health insurance, house rent, and personal income tax when determining income as a basis. regulations are:

Accordingly, the Tax Department guides:
1. For invoicing when selling goods or providing services:
In case the Company provides waste transportation and treatment services to customers, the time of invoicing for service provision is the time of completion of the service provision, regardless of whether payment has been collected or not yet received. In case the service provider collects money before or while providing the service, the time of invoice is the time of collection as prescribed in Clause 2, Article 9 of Decree 123/2020/ND-CP dated October 19 /2020 of the Government

In case the Company falls under the provisions of Clause 6, Article 86 of Circular No. 38/2015/TT-BTC of the Ministry of Finance, declaring and paying value added tax according to the deduction method, has goods and services. exports (including facilities processing export goods) when exporting goods and services using electronic value-added invoices.

Accordingly, the time of issuing electronic invoices for exported goods for business establishments that declare and pay tax according to the deduction method (including establishments processing exported goods) is implemented according to the provisions at point 1. c Clause 3 Article 13 of Decree No. 123/2020/ND-CP:

The General Department of Taxation issued Official Dispatch No. 4525/TCT-CS to respond to some recommendations of the Japanese Business Association in Vietnam on tax policy and administrative procedures related to:
VAT refund;
Tax exemption according to the agreement;
Corporate income tax incentives;
Related transactions, v.v.

Accordingly, some notable changes in the Decree are as follows:
1. Change the conditions required for foreign experts, executives, and technical workers:
According to Article 1 of Decree No. 70/2023, amending and supplementing regulations on experts who are foreign workers: Graduated from university or higher or equivalent and have at least 3 years of work experience suitable for the position jobs that foreign workers plan to work in Vietnam.
Before: Required to have a university degree or higher or equivalent and at least 3 years of work experience in a major industry with training appropriate to the job position the foreign worker is expected to work in in Viet Nam.

Accordingly, the General Department of Taxation guides, in cases where taxpayers register for family deductions for dependents who are grandchildren (who still have parents who are of working age and still have the ability to work and take care) are not eligible for family deductions according to the provisions of Point d, Clause 1, Article 19 of Circular No. 111/2013/TT-BTC of the Ministry of Finance.

Pursuant to the provisions of Point 1.3, Clause 1, Article 69 of Circular 200/2014/TT-BTC (amended by Clause 3, Article 1 of Circular 53/2016/TT-BTC), for the purpose of recording accounting books, preparing and When presenting financial statements, businesses need to determine whether or not the contract value includes tax in the case of foreign tax payment, to determine the appropriate accounting exchange rate:

In case Company A is a one member LLC owned by an organization (Company B in Korea), there is a salary payment to the director of Company A (this director is a founding of company B in Korea) if the individual director directly participates in managing the operations of Company A, this salary cost will be included in deductible expenses when determining income subject to corporate income tax, if the conditions in Article 6 of Circular 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance are met (amended and supplemented in Article 4 of Circular No. 96/2015/TT-BTC dated June 22 /6/2015 of the Ministry of Finance).