What is Value-added Tax Reduction Policy in 2022?

In order to stimulate growth and recover the economy after the impact of the Covid-19 pandemic, the Government has issued a policy to reduce value added tax. The reduction of value-added tax is an effective solution and tool to stimulate consumption and is expected to create a driving force for rapid development to help businesses restore business and production.

 

The value-added tax reduction policy has been promulgated by Decree 15/2022/ND-CP stipulating the tax exemption and reduction policy according to the National Assembly’s Resolution No. 43/2022/QH15 on fiscal and monetary policies currency to support the program of socio-economic recovery and development. Accordingly, value added tax will be reduced from 10% to 8%. This reduction will create conditions for consumers to increase spending, through which businesses will sell more products.

The value-added tax reduction will be applied to groups of goods and services currently subject to the 10% tax rate, except for the following groups of goods and services: (i) Telecommunications, financial and banking activities commodities, securities, insurance, real estate trading, metals and prefabricated metal products, mining products (excluding coal mining), coke, refined petroleum, chemical products; (ii) Products, goods and services subject to excise tax; (iii) Information technology under the law on information technology. However, if the goods and services are not subject to value-added tax or subject to value-added tax of 5% according to the provisions of the Law on Value-Added Tax, the provisions of the Law on Value-Added Tax shall be applied and not entitled to value added tax reduction.

It is important to note the value-added tax calculation method to apply. Accordingly, if the enterprise calculates value-added tax by the deduction method, the value-added tax rate of 8% shall apply; and in case the enterprise calculates value-added tax according to the percentage method on sales, collected, it will be reduced by 20% of the percentage rate for calculating value-added tax when issuing invoices for goods and services eligible for value-added tax reduction as prescribed.

The value-added tax reduction will be implemented quickly and businesses and consumers will immediately benefit. This tax reduction is expected to help reduce the cost of products and services, thereby stimulating consumer demand. Besides, it will help increase production output of enterprises and create more jobs for workers. Therefore, the reduction of value added tax is considered necessary solutions to promote the economy to recover soon after a long time affected by the pandemic.

The value-added tax reduction policy will be effective from February 1^st, 2022 to the end of December 31^st, 2022. Previously, value-added tax was only reduced for a few specific products, but with this policy, the object of tax reduction has been expanded in most fields of business and production. Therefore, the impact of this policy on the economy in the future is very large. However, in order for the value-added tax reduction to reach consumers, tax authorities need stricter inspection and control to meet the set goals. When in doubt, it is important to consult with tax lawyers in Vietnam for solutions and advice.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

 

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What Are Tax Obligations of a Representative Office in Vietnam?

Vietnam-based representative office of a foreign trader means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law.

Representative office of foreign trader in Vietnam has the rights and obligations in accordance with the law of Vietnam. Foreign trader is responsible before the law of Vietnam for all operations of its representative office in Vietnam.

 

Accordingly, representative office in Vietnam is not allowed to conduct business activities, nor carry out other activities for profit-generating purposes. The representative office in Vietnam only performs the activities for the right purposes, scope and duration specified in the certificate to establish the representative office. Besides, the representative office in Vietnam has the right to rent the head office, rent and buy the facilities and materials necessary for the operation of the representative office; to recruit Vietnamese and foreign employees to work at the representative office in accordance with the provisions of Vietnamese law; to use an account in foreign currency, in Vietnam dong of foreign currency origin opened by a foreign trader at a bank licensed to operate in Vietnam and only use this account for the operation of the representative office; to have a seal bearing the name of the representative office according to the provisions of Vietnamese law. Representative office in Vietnam can sign contracts, perform transactions with partners when authorized by the enterprise.

Hence, due to the limited scope of activities, the tax liability of a foreign representative office in Vietnam is narrower than that of an enterprise.  As the representative office does not produce or trade in goods and services, it is not required to pay license fees as prescribed. Representative office of foreign trader in Vietnam is dependent unit of foreign trader, established to investigate the market and carry out some trade promotion activities permitted by Vietnamese law, does not carry out production and business activities, so it is not required to pay license fees.

The fact that the representative office has the right to recruit Vietnamese or foreign employees to work at the office is the basis for arising personal income tax obligation. At the same time, representative office of foreign organization is subject to personal income tax registration. For employees working at foreign representative office in Vietnam, the taxable incomes are based on salaries and wages. Declaring, with holding, paying taxes and settling personal income tax of employees working at foreign representative office is the responsibility of such representative office.

ANT Lawyers, a law firm in Vietnam with offices in Hanoi, Da Nang and Ho Chi Minh City could help client to set up representative office in Vietnam and advise on the compliance on regular basis.

 

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Anti-dumping Law: The Basic Concepts

1. What is dumping?

In international trade, dumping is a phenomenon occurs when a commodity is exported at a price lower than the selling price of that item in the domestic market of the exporting country. Therefore, it is simple to understand that if the export price of a commodity is lower than its domestic prices, the product may be considered to be dumped.

2. Why is dumping?

There are many causes of dumping in international trade. In fact, there are many cases that seller deliberately dumping in order to achieve certain benefits such as: Dumping to eliminate competitors in the import market to become monopoly and gain market share; Selling at low price to acquire foreign currency… Sometimes, the dumping is reluctant because the manufacturer and exporter cannot sell product, the production is stalled then the long-term storage products could be corrupted… Hence, they have to sell off to recover capital.

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In international trade, the anti-dumping tax may be imposed without regarding to the reason why the manufacturers dumping. Dumped into foreign markets is often perceived as a negative phenomenon because it reduces the competitiveness of prices and the market share of domestic products of importing countries.

However, dumping can have positive impacts on the economy: consumers benefit from low price goods; if dumped goods are inputs of other manufacturing sector then the low raw material prices can make certain growth of that industry… Therefore, not all acts of dumping will be applying the anti-dumping measures.

As regulated by the World Trade Organization (WTO), the anti-dumping measures can only be applied in certain circumstances and must meet certain conditions. Specifically, the anti-dumping measures are applied only when the following three conditions are met: The imported goods are dumped; the manufacturing sector of similar products of the importing countries is significantly affected; there is a causal relationship between the dumping of imports goods and losses mentioned above

3. The anti-dumping tax?

The anti-dumping tax is the additional taxes besides the normal import tax, which is imposed on foreign products that are dumped into the importing country. This type of tax is to prevent dumping and eliminate the damages caused by the dumping of imported goods. In fact, the anti-dumping tax is used in many countries as a form of “legal protection” for its domestic production. In order to prevent the abuse of this measure, the WTO member countries have together agreed on the provisions required to comply regarding the investigation and imposition of anti-dumping tax, concentrated in an Agreement of the WTO on anti-dumping, which is the ADA Agreement.

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Incentives and investment support

In order to attract foreign investment into Vietnam, the Government of Vietnam offers many policies to encourage and support investors when investing in some special trades, industries or localities. By incentives and investment support, the state proactively restructures the economy in each field and region to sustainably develop economic sectors. Investment incentives and supports are the provisions of the Investment Law, and are further stipulated in specialized legal documents.

Vietnam has a roadmap to adjust the corporate income tax from 32% (1997) to 25% (2009) and most recently 22% (2014) and now 20% (from January 1, 2016). The State allows the application of enterprise income tax rates lower than ordinary tax rates with a definite term or the whole duration of investment project implementation; exemption or reduction of enterprise income tax for enterprises newly established from investment projects in geographical areas with exceptionally difficult socio-economic conditions, economic zones and hi-tech parks; Activities in the field of education - training, vocational training, health care, culture ... in order to attract and create conditions for investors to pay attention to these fields.

In addition, the Law on Investment, the Law on Export Tax and Import Tax also provide a policy of import duty exemption for imported goods to create fixed assets; materials, supplies and components for executing investment projects; investment projects with official development assistance (ODA). The agreements on import and export tax incentives within ASEAN countries, the WTO have helped investors reduce Input costs, high competitiveness in the domestic market as well as internationally.

In addition, exemption, reduction of land rent, land use fee, land use tax is also one of the incentives for investors if they has an investment project in the special fields which are encouraged to invest in extremely difficult socio-economic areas; projects of using land to build apartment buildings for workers in industrial zones; projects using land to build student dormitories with money from the state budget, projects using land for construction of public works for business purposes (socialization) in the field of education, health, culture, gymnastics, sports, science - technology, ...

The geographical areas and sectors eligible for investment incentives show the Government's goal of economic development to focus on attracting foreign direct investment into the areas where Vietnam needs to develop. The corporate income tax rate and Vietnam's preferential policies are considered quite attractive compared to other countries in the region. Recognizing the importance of encouraging investment, Vietnam has been issuing regulatory documents to create a useful legal corridor and in line with international practice in creating highly competitive investment environment.

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The note when housing transfer formed in the future?

Houses formed in the future are those in the process of construction investment and have not been tested and put into use. According to Clause 2, Article 105 of the Civil Code 2015, future-formed housing is an asset and the transfer of property must comply with civil law and relevant laws. One of them is the regulation related to taxes and fees when transferring property ownership.

For housing transfer formed in the future, the financial obligations under the law include: registration fee and personal income tax. For each of these taxes and fees, there are specific legal documents regulating.

Firstly, for registration fee: According to Decree 140/2016 / ND-CP, the house is one of the subjects liable to registration fee, with a fee of 0.5% of the registration fee calculation price. In particular, the price to calculate the registration fee for a house is the price promulgated by the People's Committee of the province or city directly under the Central Government in accordance with the law on construction at the time of registration fee declaration.

Secondly, for personal income tax: According to Article 24 of the 2007 Law on personal income tax, for non-resident individuals, the tax rate applicable to real estate transfer is 2%. However, in some special cases, this personal income tax and registration fee may be waived. Specifically, according to Clause 1, Article 4 of the 2007 Personal Income Tax Law, income from real estate transfer between husband and wife; natural father and mother with natural children; adoptive father and adoptive mother with adopted children; father-in-law, mother-in-law and daughter-in-law; father-in-law, mother-in-law and son-in-law; grandfather, grandmother with grandson; grandfather, grandmother with grandchildren; Siblings are income exempt from personal income tax.

In addition, the seller may be subject to some additional items such as cadastral fee, metering fee, notarization of transfer contract unless the parties have agreed that the buyer will incur this fee or the parties have other deal.

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Tax Obligations for Foreign Entity Doing Business in Vietnam

The applicable taxes including value added tax (VAT), corporate income tax (CIT) and personal income tax (PIT).

On August 6th 2014, the Ministry of Finance issued Circular No. 103/2014/TT-BTC guiding the implementation of tax obligations that are applicable to foreign organizations and individuals doing business in Vietnam or having incomes generated in Vietnam.

Taxpayers: foreign contractors, foreign subcontractors; organizations established and operated under the law of Vietnam, organizations register to operate under the law of Vietnam, other organizations, individuals producing and trading.

The applicable taxes including value added tax (VAT), corporate income tax (CIT) and personal income tax (PIT).

Taxable income of foreign contractors and foreign subcontractors is income derived from the provision and distribution of goods; provision of service, service in association with goods in Vietnam on the basis of the contractor contract and subcontractor contract. 

CIT Payable = Revenue subject to CIT x CIT rate calculated on taxable turnover

Subjects liable for VAT: services or services associated with goods provided by foreign contractors, foreign subcontractors on the basis of the contractor contract, subcontractor contract to use for manufacturing, trading and consumption in Vietnam.

Incomes arising in Vietnam of foreign contractors and foreign subcontractors are earnings received in any forms on the basis of the contractor contract, subcontractor contract (except for cases specified in Article 2, Chapter I of this Circular), regardless of the place conducting business operations of foreign contractors and foreign subcontractors.

Circular specifically instruct the following cases:

1. Pay VAT by deduction method; pay CIT on the basis of cost and revenue declaration to determine taxable income.

2. Pay VAT and CIT by percentage on turnover.

3. Pay VAT by deduction method; pay VAT by percentage on turnover.

Issued together with Circular 103 is the tax declaration form for foreign contractor.

This Circular takes effect from October 1st 2014, replaces Circular No. 60/2012/TT-BTC dated April 12th 2012 of Ministry of Finance guiding the implementation of tax obligation applicable to the foreign organizations and individuals doing business in Vietnam or having income in Vietnam.

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Tax Obligations of Representative Offices in Vietnam

Foreign entities have found Vietnam as an increasing attractive destination for investment. They could consider entering Vietnam in various forms, including setting up representative offices.

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“A representative office is a dependent unit of the enterprise, having the task of representing under authorization the interests of the enterprise and protecting such interests” (Clause 2 of article 45, Law on Enterprises 2014). “Representative office shall perform the functions of liaison offices, market surveys, promotion of business opportunities for traders they represent, excluding those in which the establishment of representative offices in that field, it is stipulated in specialized legal documents” (Article 30 – Decree No.07/2016/ND-CP decree detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Laws on Commerce).

A representative office is a dependent unit of a foreign enterprise in Vietnam, and it acts under the authorization of foreign enterprises. Representative office shall not conduct business activities therefore, the tax obligations of the representative office are limited, such as:

Firstly, as representative office does not involve profit making activity, hence there are no Value Added Tax, Corporate Income Tax, Annual Due incurred.

Secondly, representative office has to register its tax code, to deduct and pay Personal Income Tax on behalf of its employees working in the representative office or deduct and pay contractor taxes for foreign sub-contractors (if any).

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Tax Obligations of Representative Offices in Vietnam

Foreign entities have found Vietnam as an increasing attractive destination for investment.  They could consider entering Vietnam in various forms, including setting up representative offices.

“A representative office is a dependent unit of the enterprise, having the task of representing under authorization the interests of the enterprise and protecting such interests” (Clause 2 of article 45, Law on Enterprises 2014). “Representative office shall perform the functions of liaison offices, market surveys, promotion of business opportunities for traders they represent, excluding those in which the establishment of representative offices in that field, it is stipulated in specialized legal documents” (Article 30 – Decree No.07/2016/ND-CP decree detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Laws on Commerce).

A representative office is a dependent unit of a foreign enterprise in Vietnam, and it acts under the authorization of foreign enterprises. Representative office shall not conduct business activities therefore, the tax obligations of the representative office are limited, such as:

Firstly, as representative office does not involve profit making activity, hence there are no Value Added Tax, Corporate Income Tax, Annual Due incurred.

Secondly, representative office has to register its tax code, to deduct and pay Personal Income Tax on behalf of its employees working in the representative office or deduct and pay contractor taxes for foreign sub-contractors (if any).

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Decree 129/2016/ND-CP on ATIGA Preferential Import Tariff for ASEAN goods

The Government has issued Decree 129/2016/ND-CP on preferential import tariff of Vietnam in particular to implement the ASEAN Trade in Goods Agreement (ATIGA) in the period 2016 – 2018.

This Decree prescribed the preferential import tariff of Vietnam to implement the ATIGA period 2016 – 2018 and the conditions for enjoying the preferential import tariff under this Decree.

Issued together with this Decree is the preferential import tariff of Vietnam in particular to implement the ATIGA Agreement in the period 2016 – 2018 (often referred to as ATIGA tax).

Imported goods are applied the ATIGA tax when satisfying the following conditions:

1. Included in the preferential import tariff attaching to this Decree.
2. Being imported into Vietnam from countries that are members of the ASEAN Trade in Goods Agreement, including: Brunei Darussalam; Kingdom of Cambodia; Republic of Indonesia; People’s Democratic Republic of Laos; Malaysia; Federal Republic of Myanmar; Republic of the Philippines; Republic of Singapore, Singapore; Kingdom of Thailand; Socialist Republic of Vietnam (goods in duty free area importing to the domestic market).
3. Being shipped directly from the exporting country to Vietnam.
4. Satisfy the regulations on goods origin in the ATIGA, have certificates of goods origin (C/O) – form D, prescribed by the Ministry of Industry and Trade.

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Decision 36/2016/QD-TTg Regulates the Tax Rate for Imported Goods

Decision No. 36/2016/QD-TTg dated September 1st 2016 of the Prime Minister prescribed the normal tax rate for imported goods at Point c, Clause 3, Article 5 of the Law on export and import tax.

Accordingly, the import duty of 5% will be applied to many items, such as: Smart cards; Telephone answering machines; Cell phone for cellular mobile network or other wireless networks; Vacuum cleaner; Uninterruptible power supply (UPS); Automatic payment machine; Electronic computer that can operate without external power source and recorder, reproducing and displaying data, pocket-size with calculator function; Dry washing machines; Flat iron; Offset/Roll printing machine; Printer – photocopy machine, print using inkjet/laser technology…

For imported goods that are not included in the above list of normal import tariff and not in the case of imported goods that are enjoying preferential tax rates or special preferential tax rate under Point a and b, Article 5 of the Law on export and import tax, then may be subject to the ordinary tax rate equal to 150% of the preferential import tariff of each corresponding items in Annex II of Decree No. 122/2016 /ND-CP on September 1st 2016.

The Decision takes effect from September 1st 2016.

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