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Legal updates

We regularly update legal documents on accounting, tax, labor and other related fields for our clients.
14 Tháng 08, 2023
Official Dispatch No. 3117/TCT-CS dated 25/07/2023 of the General Department of Taxation guiding the foreign income tax policy for the sample testing service for goods before being imported into Vietnam

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.

03 Tháng 08, 2023
Official Dispatch No. 51359/CTHN-TTHT dated July 17, 2023 of the Hanoi Tax Department guiding the use of electronic invoices in Export Processing Enterprise (EPE) when liquidating assets

In case the Company is an EPE that liquidates fixed assets in the form of domestic sale, at the time of sale or liquidation into the domestic market , the export and import goods management policy shall not apply unless the goods are under management according to conditions, standards and specialized inspection that have not been implemented when imported; goods managed by license must be agreed in writing by the import licensing agency as prescribed in Article 26 of Decree 35/2022/ND-CP.

03 Tháng 08, 2023
Official Dispatch No. 1798/TCT-TTKT dated May 16, 2023 of the General Department of Taxation on the review and handling of illegal invoices

The General Department of Taxation received Official Dispatch No. 1770/CAT-CSKT dated March 29, 2023 from the Phu Tho Provincial Police, requesting direction and coordination in preventing crimes of illegal purchase and sale of electronic invoices. Accordingly, the Phu Tho Public Security Agency investigated and discovered that a number of individuals had purchased businesses to issue invoices, sold them to organizations and individuals in need, causing damage to the state budget.

03 Tháng 08, 2023
Official Dispatch No. 8999/CTTPHCM-TTHT dated July 19, 2023 of the Tax Department of Ho Chi Minh City on guidelines for preparing e-invoices for return and commercial discount activities

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

03 Tháng 08, 2023
Official Dispatch No. 2675/CTBNI-TTHT dated July 14, 2023 of the Tax Department of Bac Ninh province guiding the reduction of VAT according to Decree No. 44/2023/ND-CP

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.

23 Tháng 06, 2023
Official Letter No. 1861/TCT-CS dated May 17, 2023 of the General Department of Taxation guiding the contractor tax policy in case two foreign companies deliver goods in Vietnam

Whereby, Company Ain the British West Indies supplies goods to Company Bin the British Virgin Island through Company C in Vietnam and the goods are delivered in the territory of Vietnam:

Company A is subject to contractor tax in Vietnam.
Company C is obliged to declare and pay contractor tax on behalf of Company A according to regulations.

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