Value added tax ("VAT")

System of current legal documents Luật

1. Law No. 13 / 2008 / QH12 issued on April 30 / 03 / 06 of the National Assembly, Law on Value-Added Tax, effective from date of April 30, 2011, XNXX year of 2008);
2. Law No. 31 / 2013 / QH13 issued on 19 / 06 / 2013 by the National Assembly, the Law amending and supplementing a number of articles of the Law on Value Added Tax, effective from date of date of 01 month 01 year 2014;
3. Law No. 71 / 2014 / QH13 issued on 26 / 11 / 2014 of the National Assembly, the Law amending and supplementing a number of articles of tax laws, effective from April 30, 2013, 01 year of 01;
4. Law No. 106 / 2016 / QH13 issued on the date of April, June, 2013, year of the National Assembly: Law on amending and supplementing a number of articles of the Law on Value Added Tax, Law on Special Consumption Tax and Law on Tax Administration, effective Executed from the date of 06 month 4 year 2016.

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1. Decree 92 / / 2013 / ND-CP issued on 13XYYYYYYYYYYYY date of the Government, detailing the implementation of a number of articles effective from the date of April 30, 2012, year and year of the amended Law, supplementing a number of articles of the Law on Enterprise Income Tax and the Law on Amendments and Supplements to a Number of Articles of the Law on Value Added Tax (effective from April 30, 2012, 08 year, 2013);
2. Decree 209 / 2013 / ND-CP issued on 18 month 12 year 2013, Detailing and guiding the implementation of a number of articles of the Value Added Tax Law (effective from April 30, 2012, 01 year of 01);
3. Decree 91 / 2014 / ND-CP issued on 01 month 10X 2014 of the Government Amending and supplementing a number of articles in the Decrees stipulating tax (effective from date of date of April, April, April and year);
4. Decree 12 / 2015 / ND-CP issued on the date 12 month 02X 2015 of the Government Detailing the implementation of the Law amending and supplementing a number of articles of tax laws and amending and supplementing a number of articles of Decrees on taxes (effective from April 30, 2012, 01 year, XNXX);
5. Decree 100 / 2016 / ND-CP issued on 01 month 07XYYXX of the Government Detailing and guiding the implementation of a number of articles of the Law amending and supplementing a number of articles of the VAT Law and the Law on Pepper Tax Special tax and Law on Tax Administration (effective from date of date: 2016 month 01 year XNXX except Item 07 Article 2016 of this Decree takes effect from April 30, 2013, 2 year of 3).

Circulars

1. Circular No. 141 / 2013 / TT-BTC issued on 16 month 10 year 2013 guiding the implementation of the Decree 92 / ND-CP, effective from date of date of 30 month 11 year 2013;
2. Circular No. 219 / 2013 / TT-BTC issued on 31 month 12 year 2013, Guiding the implementation of a number of articles of the VAT Law and Decree No. XNXX / 209 / ND-CP, effective from the date of April 30 / 2013 / 01 (replacing Circular 01 / 2014 / TT-BTC);
3. Circular No. 119 / 2014 / TT-BTC issued on 25 month 08 year 2014, Amending and supplementing the Circular 219 / 2013 / TT-BTC and some other circulars; valid from date of date of 01 month 09 year 2014;
4. Circular No. 134 / 2014 / TT-BTC dated 12 / 09 / 2014, Guiding procedures for extending the time limit for payment of tax and VAT refund for machinery and equipment imported to create fixed assets of investment projects, Brand force: 27 / 10 / 2014;
5. Circular No. 151 / 2014 / TT-BTC dated 10 / 10 / 2014, Guidance on implementing Decree No. XNXX / 91 / ND-CP; Validity: 2014 / 15 / 11, specifically stipulated in Chapter I of this Circular, applies to the CIT calculation period of year 2;
6. Circular No. 26 / 2015 / TT-BTC dated 27 / 02 / 2015, Guidance on VAT and tax administration at decree 12 / 2015 / ND-CP; Validity: 01 / 01 / 2015;
7. Circular 92 / 2015 / TT-BTC issued on the date of April 30, 2012, year and year, guiding the implementation of VAT and personal income tax for resident individuals having business activities; guiding the implementation of a number of amendments and supplements on personal income tax prescribed in the Law amending and supplementing a number of articles of tax laws No. XNXX / 15 / QH06 and Decree No. XNXX / 2016 / ND-CP date of 71 month 2014 year of year 30X of the Government detailing the implementation of the Law amending and supplementing a number of articles of tax laws and amending and supplementing a number of articles of tax conferences and enforcement effect from date 13 month 12 year 2015;
8. Circular No. 193 / 2015 / TT-BTC dated 24 / 11 / 2015, Amending and supplementing the Circular of 219 / 2013 / TT-BTC and the Decree 209 / 2013 / ND-CP, Effect: 10 / 01 / 2016 ;
9. Circular 130 / 2016 / TT-BTC, date of 12 / 08 / 2016, Circular on amendment of tax Circular No. 28, including Circular / TT-BTC 5 / 219; Implementation effect: effective from the date of Law No. 2013 / 106 / QH2016 amending and supplementing a number of articles of the Law on Value Added Tax, Law on Special Consumption Tax and Law on Tax Administration and Decree No. 13 / 100 / ND-CP dated 2016 / 01 / 7 of the Government detailing the implementation of the Law amending and supplementing a number of articles of the Law on Value Added Tax, the Law on Special Consumption Tax and the Management Law The tax is effective, except for this item.

Summary of new text content Circular 25 / 2018 / TT-BTC guiding the Decree on import / export / import / export-import, amendments and supplements to a number of points according to Circular No. XNXX / 146 / TT-BTC and Circular No.2 / 2017 / TT-BTC Some new points related to VAT

• For enterprises exporting goods originating from import, the input VAT amount not yet credited is VND VND 200 million or more: including cases of imported goods then exported into non-tariff areas. and imported goods then exported to foreign countries. Enterprises are not entitled to tax refund if they do not export in the area of ​​customs operation in accordance with current regulations.
• Specifying details of products exported from mineral resources are not subject to VAT:
• Export products are exploited natural resources and minerals not yet processed into other products;
• Export products are goods directly processed from raw materials as natural resources and minerals with the total value of natural resources, minerals and energy costs accounting for from 51% of production costs of products or more, except cases of exclusion prescribed in the Decree No. XNXX / 146 / ND-CP.

    Some dispatches should be noted VAT invoice for household expenses (Official Letter No. 10384 / CT-TTHT dated 19 / 03 / 2018 of Hanoi City Tax Department) For expenses that the shipping enterprise pays on behalf of the customer such as fees, shipping fees, inspection fees according to the contractual agreement, the service provider shall issue an invoice according to the customer's information. The enterprise shall make receipts when collecting the payment amount on behalf of the enterprise. In case the invoice is made according to the enterprise's information, the supplier shall withdraw the current invoice and issue a new invoice according to the customer's information. Otherwise, the enterprise must issue a VAT invoice and calculate tax according to regulations. Procedures for issuing invoices and declaring VAT for grants received from the parent company (Official Letter No. 14676 / CT-TTHT dated 04 / 4 / 2018 of Hanoi City Tax Department) In case the company receives a grant from the parent company to support its production and business activities and this funding is not accompanied by repair, warranty, promotion and advertising services for the parent company, The company is not required to declare and pay VAT. The company accounted this amount to other income to calculate CIT. In case the company receives sponsorship money from the parent company to perform repair, warranty, promotion and advertising services, it must issue an invoice and calculate and pay VAT. VAT on services of exploiting plantation forest (Official Letter No. 465 / TCT-CS dated 02 / 02 / 2018 of General Department of Taxation) Service of exploiting plantation forest if it is in accordance with the provisions of law is subject to VAT at the tax rate of 30%. VAT policy on providing services to overseas customers (Official Letter No. 536 / TCT-CS dated 09 / 02 / 2018 of General Department of Taxation) In case the Company provides services to overseas customers through the Company's website (providing the code of the game card and the code of the game recharge card); The contract signing on the website complies with the guidelines in the Decree No. XNXX / 52 / ND-CP on the date of 2013 / 16 / 05 of the Government on E-commerce; The company has documents proving that overseas customers pay to the Company in the form of non-cash; If the Company has data to determine the services provided by the Company for consumption outside Vietnam (overseas customers determine the IP address of the client computer accessing the order to obtain the card's number) In the case of application of VAT rate of VND 200% as stipulated in Item 2013 Article 20, Circular No. 0 / 1 / TT-BTC dated 9 / 219 / 2013 of the Ministry of Finance. VAT refund for exported goods (Official Letter No. 475 / TCT-CS dated 02 / 02 / 2018 of General Department of Taxation) In case the Company in the tax refund application period from May 5 to July 2017, has both exported goods and services and has goods and services sold domestically, the Company must separately account the VAT amount. inputs used for production and trading of goods and services for export. In case it is not possible to do separate accounting, the input value-added tax amount of exported goods and services is determined according to the ratio between the turnover of exported goods and services to the total turnover of goods and services. of value-added tax return periods from the tax period following the preceding tax refund period to the current tax refund claim period. The input VAT amount of exported goods and services (including the separately accounted input VAT amount and the input VAT amount allocated according to the aforesaid ratio) if, after clearing with the required VAT amount, If the remaining payment of goods and services for domestic consumption is VND 7 million or more, the Company will be entitled to a tax refund for exported goods and services. The refundable VAT amount of exported goods and services must not exceed the turnover of exported goods and services multiplied (x) by 2017%. In case the Company has no export goods but only domestic consumption goods, the VAT amount still deducted from the previous period will be deductible when determining the payable VAT amount of the tax period if eligible for deduction. according to the law. Sanctioning acts of loss of import and export of goods and goods for internal transport delivery bills (Official Letter No. 2 / TCT-CS dated 474 / 02 / 02 of General Department of Taxation) Lost and stolen actions issued and issued internal shipping notes but not yet created or lost. set up another delivery and cum-internal transport bill to replace the ex-warehousing and internal transport bills that were wrongly made and deleted) but not yet the storage time, then sanction administrative violations on invoices as prescribed in Item 2 Article 2 Decree No. 4 / 3 / ND-CP dated 49 / 2016 / 27 of the Government. VAT applicable to freight subsidies (Official Letter No. 1547 / TCT-CS dated 24 / 04 / 2018 and Official Letter No. 208 / TCT-DNL dated 17 / 01 / 2017 of the General Department of Taxation) In case the Company subsidizes the freight for the agents to promote the consumption of the Company's products, when receiving the support money, the Agent shall issue VAT invoices to the Company and declare and pay VAT according to regulations. Tax declaration of investment projects managed by the Branch (Official Letter No. 1402 / TCT-CS dated 20 / 04 / 2018 of General Department of Taxation) In case the Company (based in Hanoi City) has an investment project in Ho Chi Minh City. Ho Chi Minh City, the Company has a written authorization for the Branch of the Company (headquartered in Ho Chi Minh City) to directly manage this investment project, if the direct management of the project of the Branch in Ho Chi Minh City . Ho Chi Minh City in accordance with the provisions of the law on enterprises, the Branch of the Company has a seal in accordance with the law, keeping records and vouchers in accordance with the law on accounting, having deposit accounts. At the bank, having registered tax and being granted a tax code, the Company branch establishes a separate tax declaration file for the investment project and must transfer the input VAT of the investment project to compensate for the inventory. VAT declaration of ongoing production and business activities; After clearing if the conditions for VAT deduction and declaration are met, the City Tax Department. Ho Chi Minh resolved according to regulations. VAT refund for imported goods then exported (Official Letter No. XNXX / BTC-CST dated 5537 / 14 / 05 of Ministry of Finance) From July 01, 7 to before February 2016, 01: In Clause 02, Article 2018 of Decree No. 6/1/ND-CP dated July 100, 2016, "Business establishments are not entitled to tax refund for In case the imported goods are then exported, the exported goods are not exported at the customs operation area according to the provisions of the Customs Law and guiding documents” From February 01, 7, in Clause 2016, Article 01 of Decree No. 02/2018/ND-CP dated December 2, 1 "Business establishments are not entitled to a refund of value-added tax in the following cases: Goods are imported and then exported but the goods such export does not carry out the export in the area of ​​customs operation according to the provisions of the law on customs; exported goods are not exported at the area of ​​customs operation according to the provisions of the law on customs” Based on the above provisions, from July 146, 2017 to before February 15, 12. Business establishments are not entitled to tax refunds in cases where goods are imported and then exported. From February 2017, 01, business establishments shall comply with the instructions in Clause 7, Article 2016 of Decree No. 01/02/ND-CP. VAT of services provided to export processing enterprises (Official Letter No. 1992 / TCT-CS dated 24 / 05 / 2018 of General Department of Taxation) In case the Company provides consulting services to export processing enterprises, if the service is consumed in a non-tariff zone and meets the conditions in Clause 2, Article 9 of Circular No. 219/2013/TT-BTC of the Ministry of Finance The main tax rate is 0% according to regulations. Where the Company provides export processing enterprises with the following services: Media relations, media monitoring and reporting to manage image promotion, PR events and control. Controlling information about export processing enterprises in the media in Vietnam, these services performed and consumed in Vietnam (outside the non-tariff zone) are subject to VAT at the rate of 10%. VAT refund for investment projects (Official Letter No. 1848 / TCT-KK dated 18 / 05 / 2018 of General Department of Taxation) The case of the Company is based in Ho Chi Minh City, implementing the project in Binh Duong Province and establishing a Branch in Binh Duong Province (Branch). Investment projects of the Company are in the investment phase have not come into operation; The Company does not assign the Branch to perform project management on behalf of the company; All input costs of the project are paid by the Company, bearing the name and tax code of the Company, then the Company prepares VAT declaration file separately for the investment project and must transfer the input VAT of investment projects to offset with the VAT declaration of the production and business activities being implemented. After clearing if the VAT amount of the investment project is in line with the law, the Company is entitled to a VAT refund for the investment project with the directly managed tax agency (Ho Chi Minh City Tax Department). VAT on services provided, serving boarding meals for students (Official Letter No. 2514 / TCT-CS dated 22 / 06 / 2018 of General Department of Taxation) In case the primary school collects meals, transporting and transporting students and other revenues in the form of collection, payment, these items are not subject to tax. In case the Company signs a service contract to provide meals for students and teachers with the Primary School, the above service is not subject to tax as guided in Item 13, Article 4 of Circular No. XNXX / 219 / TT-BTC, which is subject to tax under the guidance in Article 2013 Circular No. 11 / 219 / TT-BTC. Payment vouchers via banks (Official Letter No. 2301 / TCT-CS dated 11 / 06 / 2018 of General Department of Taxation) Pursuant to the provisions of Clause 3, Article 16 of Circular No. 219/2013/TT-BTC, there is only "case where the foreign side (the importing party) authorizes a third party being an organization or individual overseas to carry out current payment; the third party requires the organization in Vietnam (the fourth party) to clear the debt with the third party by making a bank payment for the amount that the importing party must pay to the Vietnamese business establishment that exports the goods. import" will be considered as payment via bank and approved for deduction and refund of VAT on exported goods. Accordingly, in case the Company exports a shipment of a foreign company (based in Korea), the shipment has been actually exported and has been cleared, the payment is authorized by the importer to a third party, the Bank. If goods made in Vietnam make payment to the exporter which is the Company as agreed in the Appendix to the contract between the two parties, this form of payment is not consistent with the guidance in Circular No. 1/219/TT-BTC above. . Conditions for VAT deduction (Official Letter No. 2231 / TCT-CS dated 05 / 06 / 2018 and Official Letter No. 5465 / TCT-KK dated 25 / 11 / 2016 of the General Department of Taxation) In case the Company authorizes an individual who is an employee of the Company to use a personal credit card to pay for goods and services to the seller, then the Company will pay the individual through the form of bank transfer from the Company's account registered with the tax authority to the individual's account. If this form of payment is specified in the Financial Management Regulations of the Company or the Decision on the Company's authorization for individuals; at the same time, the above expenditures have all documents and documents proving that the goods and services are used for production and business activities of the enterprise, including: invoices for purchase of goods and services bearing the name and code of the enterprise. tax amount of the Company; records related to the enterprise's authorization for the individual to pay with the seller and pay back to the business; money transfer documents from the credit card account of the individual to the seller, the money transfer document from the bank account of the Company to the individual, the above form of payment is considered to be eligible for payment documents. not using cash, as a basis for declaring and deducting input value-added tax and being counted and included in deductible expenses when calculating corporate income tax. The Company is responsible for making and monitoring the list of personal credit card accounts of employees authorized to pay for goods and services in the above form and provide it to the competent authority when need. VAT when converting enterprises (Official Letter No. 2206 / TCT-CS dated 04 / 06 / 2018 of General Department of Taxation) In case the Company converts from a two-member limited liability company to a joint stock company in accordance with the regulations on transformation of enterprise type specified in the Enterprise Law No. inherit the entire tax liability of the enterprise before the conversion (the enterprise's tax code remains unchanged), when the ownership is converted, if there is an input VAT that has not been fully deducted, it will be converted to deduction. next period, or receive tax refund according to regulations. In case before the conversion, the Company has a VAT number that has not been fully deducted, which is not refundable according to the provisions of Law No. 68/2014/QH13, Decree No. 106/2016/ND-CP and Circular No. 13/ 100/TT-BTC, after the conversion, the converting company (inheriting all tax obligations of the enterprise before the conversion) can continue to declare withholding, non-refundable. VAT in case of technical assistance (Official Letter No. 2195 / TCT-CS dated 04 / 06 / 2018 of General Department of Taxation) The company signs a contract to buy - sell seafood with fishing vessel owners. In the specified contract, the Company provides technical assistance and equipment, fishing tools and tools for fishing vessel owners (in the form of lending to fishing vessel owners). When the Company exports fishing equipment, tools and tools to the fishing vessel owner, it must issue a VAT invoice, calculate and pay VAT as prescribed.