Legal updates

Accordingly, the implementation of the report on the use of foreign workers in the first 6 months of 2023 in Ho Chi Minh City was reported by the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City.

Report form: form No. 07/PLI issued together with Appendix I of Decree No. 152/2020/ND-CP.

Data of the reporting period: is the total number of foreign workers from December 15, 2022 to

Accordingly, the General Department of Taxation guides:

(i)In case goods and services are eligible for VAT reduction according to Decree 15/2022/ND-CP, after December 31, 2022, if errors are detected must issue an adjustment or replacement invoice and they do not affect the amount of goods and payable VAT or adjustment of the taxable price, the adjusted or replaced invoice shall apply the VAT rate of 8%; Where errors in quantity of goods lead to adjust the amount of goods and VAT, the adjusted or replaced invoice shall apply the VAT rate prescribed at the time of making the adjusted or replaced invoice.

In principle, specific goods and services such as electricity, water, telecommunications services, information technology services, television services, delivery services, banking, securities, and insurance If the goods are sold in a certain period, the invoice must specify the period of goods and service provision. For the services produced by period, the list of invoices may be used to list the types of goods and services sold with the invoice; The list is kept together with the invoice to serve the inspection and comparison of the competent authorities as prescribed at point a, Clause 6, Article 10 of Decree No. 123/2020/ND-CP.

Accordingly, the National Assembly Standing Committee agreed on the scope of application of the VAT reduction policy as stipulated in Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies. support the program of socio-economic recovery and development.

Accordingly, in order to implement Article 4 of Decree No. 145/2020/ND-CP of the Ho Chi Minh Department of Labour, War Invalids and Social Affairs guiding the implementation of the report on the use of labor, as follows:

1.Subjects of the report: Enterprises, agencies and organizations that employ employees and have their headquarters and operating locations in Ho Chi Minh City (hereinafter referred to as units).

Accordingly, the case of Mr. A is a foreigner assigned to work in Vietnam. Mr. A came to Vietnam for the first time on December 4, 2022 for the purpose of medical examination and work permit. After that, he returned home on 10/02/2023 and returned to Vietnam to work and receive salary at the Company.

According to the General Department of Taxation, if the electronic invoice for sale of goods or provision of services has a time to sign on the invoice other than the time of invoice making, if the time of signing on the invoice arises at the same time or after the time of invoice making, the prepared electronic invoice is still determined to be a valid invoice.

Accordingly, the Tax Department guides the case that the Company in Vietnam signs a warehouse lease contract with another company in the US, the cost of renting the warehouse is included in the deductible cost when determining the corporate income taxable income if it meets the conditions specified in Article 4 of Circular No. 96/2015/TT-BTC.

Accordingly, in case an enterprise is subject to the application of Decree 92/2021/ND-CP and completes the conversion of the financial reporting period from 01/01-31/12to the reporting period from 01/10-30/09, the tax amount shall be reduced according to Decree 92/2021/ND-CP applicable to the corporate income tax period from 01/01/2021 – 30/09/2021.

Pursuant to the provisions of Clause 1, Article 3 of Decree No. 126/2020/ND-CP and Article 4 of Circular No. 96/2015/TT-BTC regulating deductible and non-deductible expenses when determining taxable income.