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Tax Update

We regularly update legal documents on accounting, tax, labor and other related fields for our clients.

Official letter no 344/LDLD-TC dated May 20th 2021 of Ho Chi Minh City General Confederation of Labor guide to salary payment for untaken annual leave days according to Labor Law 2019 from 2021

As our news updated on November 3rd 2020 regarding to changed regulation of payment for untaken annual leave days from 01/01/2021, details:

+ Before 01/01/2021, Article 114 Labor Law 2012 stated: “An employee who, due to employment termination or job loss or other reasons, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days”. Therefore, according to former regulation, payment on cash for untaken annual leave is complied with regulation

+ However, from 01/01/2021, according to item 3, article 113 Labor Law 2019 stated: “An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days”. The new regulation exclude “other reasons”.

+ Besides that, at Item 2, Article 220 Labor Law 2019 stated:

  1. From the effective date of this Labor Code, the employment contracts, collective bargaining agreements, lawful agreements that are not contrary to this Labor Code or provide for more favorable rights and conditions of employees than may continue to have effect, unless the parties agree to revise them according to this Labor Code.

Recently, on May 20th 2021, Ho Chi Minh City General Confederation of Labor issued official letter guide to salary payment for annual leave, details:

The payment for untaken annual leave (if any) complied to item 3, article 113 Labor Law 2019: “An employee who due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days”.

Please kindly check attachment file for details information

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28 Tháng 12, 2023
Official Dispatch No. 5816/CTHPH-TTHT dated November 3, 2023 of the Hai Phong City Tax Department guiding the determination of deductible expenses for employees in the period before the issuance of work permit

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.

28 Tháng 12, 2023
Official Dispatch No. 27712/SLĐTBXH-VL-ATLĐ dated December 4, 2023 of the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City on the implementation of reports on the use of foreign workers before January 5, 2024

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:

28 Tháng 12, 2023
Resolution No. 110/2023/QH15 dated November 29, 2023 of the National Assembly promulgated in the 6th session of the 15th National Assembly

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.

28 Tháng 12, 2023
Official Dispatch No. 86321/CTHN-TTHT dated December 7, 2023 of the Hanoi Tax Department guiding the additional declaration of VAT declaration documents for omitted input invoices

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.

28 Tháng 12, 2023
Official Dispatch No. 5250/TCT-DNNCN dated November 24, 2023 of the General Department of Taxation Guiding for converting income from NET salary to calculate personal income tax

Accordingly, the General Department of Taxation responded to the Tax Department of Hanoi city based on Official Dispatch No. 2037/BTC-TCT dated February 16, 2017 of the Ministry of Finance. In cases where foreign workers sign a labor contract with the Company, they receive income that does not include personal income tax and are paid by the company on behalf of health insurance, house rent, and personal income tax when determining income as a basis. regulations are:

28 Tháng 12, 2023
Official Dispatch No. 25985/SLDTBXH-VLATLD dated November 17, 2023 of the Department of Labor, War Invalids and Social Affairs of the HCM City Implement employer reports before December 5, 2023

To implement Article 4 of Decree No. 145/2020/ND-CP, the Department of Labor, War Invalids and Social Affairs requests the Department of Labor, War Invalids and Social Affairs of Thu Duc city and districts, and the Board of Management. Management of the City’s Export Processing and Industrial Zones, Management Board of the City High-Tech Park, Management Board of the City High-Tech Agricultural Park to inform and guide agencies, organizations and businesses (referred to as Agencies) in the area carry out the content of reporting on labor use as follows:

28 Tháng 12, 2023
Official Dispatch No. 5125/CTBNI-TTHT dated November 7, 2023 of the Tax Department of Bac Ninh Province Guiding on handling violations for making invoices at the wrong time

Accordingly, the Tax Department guides:
1. For invoicing when selling goods or providing services:
In case the Company provides waste transportation and treatment services to customers, the time of invoicing for service provision is the time of completion of the service provision, regardless of whether payment has been collected or not yet received. In case the service provider collects money before or while providing the service, the time of invoice is the time of collection as prescribed in Clause 2, Article 9 of Decree 123/2020/ND-CP dated October 19 /2020 of the Government

28 Tháng 12, 2023
Official Dispatch No. 79873/CTHN-TTHT dated November 13, 2023 of the Hanoi City Tax Department Guiding on using electronic invoices for export activities

In case the Company falls under the provisions of Clause 6, Article 86 of Circular No. 38/2015/TT-BTC of the Ministry of Finance, declaring and paying value added tax according to the deduction method, has goods and services. exports (including facilities processing export goods) when exporting goods and services using electronic value-added invoices.

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