Legal updates

Accordingly, the Tax Department of Bac Ninh province instructs:

In case Company A is an export processing enterprise (EPE) lending machinery and equipment to Company B to serve the export processing activities of the DNCX, when lending machinery and equipment, Company A must make an invoice.

Accordingly, the Tax Department of Bac Ninh province instructs:

In case Company A is an export processing enterprise (EPE) lending machinery and equipment to Company B to serve the export processing activities of the DNCX, when lending machinery and equipment, Company A must make an invoice.

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.

Accordingly, Vietnam Social Insurance stipulates the structure of payment content to help the social insurance agency crosscheck and record payment information quickly and accurately to serve the timely settlement of participants’ benefits, in accordance with the policy regime.

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.

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 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:

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.

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 General Department of Taxation guides the case that the Company sells goods to foreign partners without a customs declaration, the value-added tax rate is 10%.