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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.

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).

Accordingly, in case the Company lends machinery and equipment to suppliers to produce products as well as use goods and services (including purchased from outside or self-produced by business establishments) to give, donate, donate or exchange, the Company must make invoices, declare and calculate VAT payment as goods sales invoices to customers.

Accordingly, in case the e-invoice has been made according to the provisions of Decree No. 123/2020/ND-CP but this invoice has errors , it shall be invoiced according to the instructions at Point e, Clause 1, Article 7 of Circular No. 78/2021/TT-BTC of the Ministry of Finance. The Company shall declare adjustments in the tax period with errors as prescribed in Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019 of the National Assembly and Clause 4, Article 7 of Decree 126/2020/ND-CP dated October 19, 2020 of the Government.

In case an enterprise other than an organization operating under the Law on Credit Institutions has irregular lending activities if it lends to another organization (including a branch of an enterprise to which this branch pays separate corporate income tax) without interest or at an interest rate lower than the normal interest rate of the same term and size in the market, it shall fall into the case of tax assessment in accordance with the law on tax administration.

In case the Company meets the conditions for providing containerized logistics services as prescribed in Decree No. 163/2017/ND-CP dated December 30,2017 of the Government, the service is subject to VAT reduction as prescribed in Decree No. 44/2023/ND-CP dated June 30, 2023 of the Government.

In case the Company authorizes an individual who is an employee of the Company to pay for the purchase of fixed assets used for the Company’s production and business activities with a value of twenty (20) million VND or more (price includes VAT ) to the seller by paying that individual’s credit card to the seller’s account, The Company pays the individual through a transfer from the Tax Authority’s registered Company account to the individual’s account. The company can declare and deduct input VAT and have it included in deductible expenses when calculating corporate income tax, if it simultaneously satisfies:

To improve problems arising from the practices of businesses and tax authorities in the process of using electronic invoices, the Ministry of Finance submitted to the Government a draft Decree amending and supplementing Decree 123/2020/ND -CP regulates invoices and documents.

Accordingly, some notable contents of the Draft are as follows: