Legal updates

In cases where the Company has been inspected by the Tax Department at its headquarters and a tax penalty decision has been issued, and subsequently, the Company discovers errors in the CIT finalization declarations for the periods under inspection, if the supplementary declaration results in a reduction of the payable tax amount, it should be handled in accordance with Clause 3, Article 47 of the Law on Tax Administration No. 38/2019/QH14.

The Tax Department instructs that if a replaced invoice or an adjusted invoice arises in two different tax declaration periods, the company must declare the replaced or adjusted invoice on the supplementary declaration of the period in which the invoice was replaced or adjusted.

Accordingly, in the case where the Company is an EPE operating in a non-tariff zone and is exporting products, the time for issuing electronic invoices is the time of transferring ownership or the right to use goods to the buyer, regardless of whether payment has been received or not, as stipulated in Clause 1, Article 9 of Decree No. 123/2020/ND-CP dated October 19, 2020.

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 Hanoi Tax Department guides: In case the seller chooses to handle invoices with errors according to the provisions of Point b, Clause 2, Article 19 of Decree No. 123/2020/ND-CP by making an adjusted invoice, the seller shall:

Binh Dinh Province Tax Department, based on current regulations and Official Dispatch 2547/TCT-TNCN dated June 12, 2017 of the General Department of Taxation regarding personal income tax policy for outsourcing labor contracts, accordingly guides:

Accordingly, the Hanoi Tax Department guides: In case the seller chooses to handle invoices with errors according to the provisions of Point b, Clause 2, Article 19 of Decree No. 123/2020/ND-CP by making an adjusted invoice, the seller shall:

Hai Phong City Tax Department provides guidelines in principle as follows:
In case the Company hires foreign workers to perform jobs in Vietnam, in cases where a work permit is required but has not been granted a work permit by a competent authority in Vietnam in accordance with the Labor Code, the expenses paid by the Company to the employee before the time the work permit is issued and before the time the two parties sign the labor contract will not be included in the deductible expenses when determining CIT income.

The Department of Labor, War Invalids and Social Affairs requests the units to make reports on the employment of foreign workers in accordance with the provisions of Article 6 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 and Point a, Clause 12, Article 1 of the Government’s Decree No. 70/2023/ND-CP dated September 18, 2023, specifically as follows:

Accordingly, the National Assembly officially approved the extension of the 2% value-added tax reduction until June 30, 2024, specifically:
A reduction of 2% of the value-added tax rate for groups of goods and services specified at Point a, Section 1.1, Clause 1, Article 3 of the National Assembly’s Resolution No. 43/2022/QH15 on fiscal and monetary policies to support the socio-economic recovery and development program from January 1, 2024 to June 30, 2024.