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Legal updates

The Department of Labor, Invalids, and Social Affairs of Ho Chi Minh City requests units operating within the city to submit reports on the employment of foreign workers as follows:

Official Letter No. 5725/TCT-QLN dated December 6, 2024, of the General Department of Taxation regarding the Management of Debts of Branches, Representative Offices, and Business Locations

 

1- Regarding the Temporary Suspension of Exit

 

Branches and representative offices are dependent units of enterprises, while business locations are specific places where enterprises carry out their business activities. In cases where taxpayers are enterprises under enforcement measures, individuals who are the legal representatives of these enterprises fall under the category for consideration of temporary suspension of exit, as prescribed in Article 66 of the Law on Tax Administration and Article 21 of Decree No. 126/2020/ND-CP.

 

For taxpayers who are organizations not established under the Law on Enterprises or household businesses, the General Department of Taxation has reported to the competent authority to amend and supplement Article 66 of the Law on Tax Administration. This amendment stipulates the temporary suspension of exit for individuals who are legal representatives of cooperatives, cooperative unions, or heads of household businesses who have not fulfilled their tax obligations.

 

2- Regarding the Collection of Debts for Branches, Representative Offices, and Business Locations

 

In cases where enterprises have branches or dependent units that terminate their operations in accordance with Clause 1, Article 213 of the Law on Enterprises, these enterprises are responsible for inheriting and settling the debts of the branches or dependent units that have ceased operations. Tax authorities managing the branches are responsible for implementing measures to collect and enforce the recovery of outstanding taxes owed by these branches. If the tax authority managing the branch lacks sufficient information or the conditions to enforce the recovery, it must coordinate with the tax authority managing the enterprise to carry out enforcement in accordance with regulations.

 

3- Regarding Debt Deferral for Taxpayers Who Are Branches, Representative Offices, and Business Locations

 

If the enterprise remains operational, debt deferral will not be applied to its branches, representative offices, or business locations.

 

Please refer to the attached file for detailed information.

 

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