CIRCULAR 52/2024/TT-BTC ABOLISHING CERTAIN CIRCULARS OF THE MINISTER OF FINANCE IN THE FIELD OF TAXATION
On July 23, 2024, the Ministry of Finance issued Circular No. 52/2024/TT-BTC regarding the abolition of certain circulars of the Minister of Finance in the field of taxation.Accordingly, the following 8 documents are entirely abolished:
1. Circular No. 181/2009/TT-BTC dated 14 September 2009, of the Minister of Finance guiding the implementation of Decision No. 96/2009/QĐ-TTg dated 22 July 2009, of the Prime Minister amending and supplementing several articles of Decisions No. 65/2009/QĐ-TTg, Decision No. 66/2009/QĐ-TTg, and Decision No. 67/2009/QĐ-TTg. (Circular No. 181)
2. Circular No. 11/2010/TT-BTC dated 19 January 2010, of the Minister of Finance guiding the implementation of tax obligations for Vietnamese investors investing abroad. (Circular No. 11)
3. Circular No. 151/2010/TT-BTC dated 27 September 2010, of the Minister of Finance guiding the application of taxes and state budget contributions for the Land Development Fund as stipulated in Article 34 of Decree No. 69/2009/NĐ-CP dated 13 August 2009, of the Government on additional regulations on land use planning, land prices, land recovery, compensation, support, and resettlement.
4. Circular No. 176/2010/TT-BTC dated 5 November 2010, of the Minister of Finance guiding enterprises to pre-allocate costs when determining taxable income to create a support fund for poor districts to implement Resolution No. 30a/2008/NQ-CP dated 27 December 2008, of the Government on the Program for Rapid and Sustainable Poverty Reduction for 61 poor districts.
5. Circular No. 104/2011/TT-BTC dated 12 July 2011, of the Minister of Finance amending and supplementing Circular No. 11/2010/TT-BTC dated 19 January 2010, of the Minister of Finance guiding the implementation of tax obligations for Vietnamese investors investing abroad. (Circular No. 104)
6. Circular No. 30/2013/TT-BTC dated 18 March 2013, of the Minister of Finance guiding the refund of environmental protection tax on plastic bags used for packaging goods according to Resolution No. 02/NQ-CP dated 7 January 2013, of the Government. (Circular No. 30)
7. Circular No. 141/2013/TT-BTC dated 16 October 2013, of the Minister of Finance guiding the implementation of Decree No. 92/2013/NĐ-CP dated 13 August 2013, of the Government detailing the implementation of several effective provisions from 1July 2013, of the Law amending and supplementing several articles of the Law on Corporate Income Tax and the Law amending and supplementing several articles of the Law on Value-Added Tax. (Circular No. 141)
8. Circular No. 187/2013/TT-BTC dated 5 December 2013, of the Minister of Finance guiding the implementation of Decree No. 204/2013/NĐ-CP dated 5 December 2013, of the Government detailing and guiding the implementation of the National Assembly’s Resolution on several solutions for implementing the state budget in 2013 and 2014. Some notable regulations abolished from September 10, 2024, include:
1. For Circular No. 181:
Abolishing the regulation of reducing the value-added tax rate by 50% from 22 July 2009, to 31 December 2009, for rental housing for students of universities, colleges, professional secondary schools, vocational colleges, and vocational secondary schools during their studies; rental housing for workers in industrial zones; housing for sale, rent, or lease-purchase for low-income people with housing difficulties.
Abolishing the regulation of exempting corporate income tax payable in 2009 for income from investment and business activities in rental housing for students of universities, colleges, professional secondary schools, vocational colleges, and vocational secondary schools during their studies; income from investment and business activities in rental housing for workers in industrial zones; income from investment and business activities in housing for sale, rent, or lease-purchase for low-income people with housing difficulties.
2. For Circular No. 11 and Circular No. 104:
Abolishing the regulation that machinery, equipment, and spare parts exported abroad to create fixed assets of an overseas investment project, when liquidated or upon project completion, if re-imported into Vietnam, will be considered for a refund of the paid export tax (if any) corresponding to the actual quantity of re-imported goods and will not be subject to import tax.
3. For Circular No. 30:
Abolishing the regulation of refunding environmental protection tax and not collecting tax from 1 January 2012 to 14 November 2012 for importers of packaging for packing products they produce, process, or purchase for packing or provide packing services; producers or importers of packaging sold directly to packers of self-produced, processed, or purchased products for packing or providing packing services.
4. For Circular No. 141:
Abolishing the regulation on the principle of determining the portion of revenue eligible for tax incentives for enterprises that can determine revenue, costs, and taxable income, applying a 20% tax rate based on the actual accounting of the enterprise from 1 July 2013; enterprises that cannot determine taxable income will determine it based on the average income subject to a 20% tax rate in the months of operation from 1 July 2013, to the end of that fiscal year.
OFFICIAL LETTER NO. 3385/TCT-TTKT REGARDING THE REVIEW AND 02 HANDLING OF ILLEGAL INVOICES
On 01 August 2024, the General Department of Taxation issued Official Letter No. 3385/TCT-TTKT regarding the review and handling of illegal invoices, particularly announcing a list of 113 enterprises involved in the illegal sale of invoices.
Based on the preliminary results of the case involving the illegal sale of invoices that occurred in Phu Tho Province and many other provinces and cities nationwide, the court determined that, from December 2020 to October 2022, Nguyen Minh Tu directly or through intermediaries used 637 enterprises to illegally sell value-added tax invoices to 88,053 entities and organizations and established six financial companies to legalize payments through banks.
The General Department of Taxation requests the Tax Departments to conduct a review and submit a consolidated report on the results of tax and invoice handling by 31 December 2024, to the General Department of Taxation (Department of Inspection), for taxpayers who have used invoices from the 637 enterprises, including:
The 113 enterprises listed in Appendix I attached to Official Letter No. 3385/TCT-TTKT in 2024.
The 524 enterprises attached to Official Letter No. 1798/TCT-TTKT in 2023.
OFFICIAL LETTER NO. 8237/CTTPHCM -TTKT2 REGARDING THE REVIEW AND 03 HANDLING OF ILLEGAL INVOICES
e Ho Chi Minh City Tax Department issued Official Letter No. 8237/CTTPHCM-TTKT2 on August 20, 2024, regarding the review and handling of illegal invoices, in which a list of 12 “ghost” companies involved in the illegal sale of invoices was publicly disclosed, as follows:
e Criminal Investigation Department of the Police in District 12 initiated an investigation into the criminal case of "Illegal Sale of Invoices Submitted to the State Budget," which was uncovered on 28 July 2022, in An Phu Dong Ward, District 12, under the Decision to Initiate Criminal Proceedings No. 191 dated 16 May 2023. e investigation determined that 12 companies were “ghost” companies established solely for the purpose of selling value-added tax (VAT) invoices.
e Ho Chi Minh City Tax Department provides the following directives:
Assign the relevant units under the Tax Department to review, inspect, and handle legal violations concerning taxes and invoices for businesses that have used VAT invoices received from the 12 “ghost” companies identified by the Criminal Investigation Department of the Police in District 12.
+ If criminal conduct is suspected, it is recommended that the case be referred to the competent Criminal Investigation Department for investigation and handling according to the law.
+ If no criminal conduct is suspected, proceed with imposing penalties and tax collection according to regulations.
Assign the Tax Sub-Department of the District 12 – Hoc Mon Area to manage the taxation of the 12 “ghost” companies, coordinating with the Criminal Investigation Department of the Police in District 12 to exchange information about businesses or individuals who have received invoices from the 12 “ghost” companies.
Assign the Communications and Taxpayer Support Department to publicly disclose the list of the 12 “ghost” companies, as identified by the Criminal Investigation Department of the Police in District 12, on the tax sector's information portal.
The list of the 12 "ghost" companies involved in the illegal sale of invoices is attached to this Official Letter.
OFFICIAL LETTER NO. 3468/TCT-CS 2024 REGARDING TAX POLICY ON PERSONAL INCOME TAX ON FOREIGNERS WORLDWIDE TAXABLE INCOME WORKING IN VIETNAM
On 07 August 2024, the General Department of Taxation provides a response to the Hanoi Department of Taxation, including the following noteworthy points:
Domestic enterprises may only employ foreign citizens which Vietnamese employees are still unable to fill to meet production and business requirements and before employing foreign citizens to work in the territory of Vietnam, enterprises have to explain their labor demands and obtain written approval from competent state agencies (Article 170 of Labor Code No. 10/2012/QH13).
Wages, bonuses, life insurance premiums for employees that are not specified in one of the following documents are not deductible when calculating corporate income tax: employment contract, collective bargaining agreement, financial regulation, reward scheme (Section b, point 2.6, Clause 2, Article 6, Circular No. 78/2014/TT-BTC, supplemented in Article 4, Circular No. 96/2015/TT-BTC).
e proposal to amend the regulations on corporate income tax to add the appointment letter as a supporting document to calculate into the salary and wage expenses of the enterprise is not appropriate.
OFFICIAL LETTER NO. 3946/TCHQ-TXNK REGARDING ON TAX POLICIES RELATED TO PROCESSED GOODS FOR EXPORT PROCESSING ENTERPRISES
On 19 August 2024, the General Department of Vietnam Customs provides a response to the Department of Bac Ninh Customs regarding questions related to tax policies in cases where export-processing enterprises (EPEs) use domestic enterprises' goods processing services as follows:
1. Customs Procedures
Domestic enterprises carry out customs procedures according to regulations on processing goods for foreign enterprises.
Customs places: Domestic enterprises can choose to carry out procedures at Sub-departments of Customs of the EPEs.
On the customs declaration, the "internal management number" must be filled in as follows: #&GCPTQ.
The EPEs are not required to follow customs procedures when dispatching raw materials/ supplies to inland for processing and when receiving processed products from inland.
In case the EPEs hire a domestic enterprise to process and recycle scrap from the production process: the domestic enterprise carries out customs procedures according to regulations, the EPEs are responsible for keeping and presenting documents related to processing and production of export goods according to legal regulations.
2. Tax policies:
Any trade in goods between EPEs and other areas within the territory of Vietnam, except free trade zones, shall be defined as an export and import relation (Clause 4, Article 26, Decree No. 35/2022/NĐ-CP).
Goods exported from the domestic market into free trade zones; goods imported from free trade zones into the domestic market are subject to import – export tax (Clause 2, Article 2 of the Law on Export and Import Duties No. 107/2016/QH13).
Therefore, domestic enterprises exporting goods from the domestic market to the EPEs must pay export tax, domestic enterprises importing goods from the EPEs into the domestic market must pay import tax.
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