Vietnam Tax Update - April 2022

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Vietnam Tax

Updates
April 2022
Vietnam Accounting
& Taxation Changes

This April 2022 publication of our Tax and GUIDELINES FOR FINALISATION OF PERSONAL
INCOME TAX FOR THE 2021 TAX YEAR
Accounting Updates looks at guidelines for
finalisation of Personal Income Tax for the On 24 March 2022, the General Department of Taxation
2021 tax year, increase in overtime hours issued Official Letter 883/TCT-DNNCN guiding Personal
from 200 hours to 300 hours per year, Income Tax (PIT) finalisation. Some highlights from the
Official Letter are:
instructions on timing of invoice issuance
for entitlement to VAT reduction to 8%, rent Deadline to directly finalise PIT with tax authorities
support for employees in industrial zones,
export processing zones and key economic Accordingly, based on the provisions at Points a and b,
Clause 2, Article 44 of the 2019 Tax Administration Law,
zones, and contents of petition for application
the deadline for declaring and submitting PIT finalisation
of transitional RCEP safeguard measures. documents is as follows:

• For income-paying organisations: The deadline for


submitting tax finalisation declarations is the last day
of the third month from the end of the calendar year,
i.e., 31 March 2022.
• For individuals who directly finalise tax: The deadline
for submitting tax finalisation documents is the last
day of the 4th month from the end of the calendar
year, i.e., 30 April 2022.
• If an individual has a refund for PIT but submits the
tax finalisation declaration late, no penalty will be
applied for administrative violations in tax filing.
• Where the deadline for tax finalisation coincides
with a prescribed holiday, the deadline will be the
next working day of that holiday according to the
provisions of the Civil Code.

1
Vietnam Tax Updates,
April 2022

Applications for self-finalisation of PIT 4. A copy of the tax withholding certificate issued by the
employer or a copy of the bank documents for the
According to the Official Letter, an application submitted overseas tax payment and the taxpayer’s certificate,
by a taxpayer who directly finalises PIT with a tax if the foreign authority does not send a written
authority will include: confirmation for the tax payment according to the
law of that country.
1. PIT finalisation using form No. 02/QTT-TNCN
5. Proof documents for donations to charitable funds,
enclosed with Circular 80/2021/TT-BTC dated 9
humanitarian funds, or scholarship funds (if any).
September 2021.
6. Proof documents for the amount paid by the
2. An attached list of registered dependents for
overseas income-paying organisation if the
deductions according to form No. 02-1/BK-QTT-TNCN
taxpayer was paid from abroad by an international
issued together with Circular 80/2021/TT-BTC dated
organisation, Embassy, or Consulate.
29 September 2021.
7. Dependant registration documents if the taxpayer
3. Photocopies of proof documents for the amount of
claims a deduction for unregistered dependants at
tax withheld or provisionally paid during the year or
the time of finalisation.
paid overseas (if any).
If the income-paying organisation has closed down
and therefore, could not provide PIT withholding
INCREASE IN OVERTIME HOURS FROM 200 HOURS TO
documents for the taxpayer, the tax office must
300 HOURS PER YEAR
consider using the taxation database and processing
the taxpayer’s finalisation without requiring the
On 23 March 2022, the Standing Committee of the
documents.
National Assembly approved Resolution 17/2022/
If the income-paying organisation or individual
UBTVQH15 on the annual and monthly overtime hours
(employer) uses electronic PIT withholding
of employees while ensuring COVID-19 prevention and
documents, the taxpayer must print and submit the
control and socio-economic recovery and development.
hard copies of the documents.

According to the Resolution, an employer may assign


employees to work overtime for 200-300 hours per year
if it is agreed by the employees, except for the following
cases:

• Employees aged between full 15 and under 18


• Employees with mild disabilities with work capacity
reduction of at least 51% or employees with severe
disabilities or extremely severe disabilities
• Employees doing arduous, hazardous, dangerous, or
extremely arduous, hazardous works
• Female employees in their 7th month of pregnancy
onward or in the 6th month of pregnancy onward, in
case they work in the highlands, remote areas, border
areas, or islands.
• Female employees nursing children under 12 months
old

2
Vietnam Tax Updates,
April 2022

Although the employer is allowed to assign the employee • For special goods and services such as electricity,
to work overtime for a maximum of 300 hours in a business entities will be entitled to VAT reduction as
year, the employer may assign the employee, with the per laws and regulations if invoices are issued from 1
employee’s consent, to work overtime for more than 40 February 2022 to 31 December 2022.
hours but not more than 60 hours in a month.

(Currently, according to Article 107 of the Labour Code on RENT SUPPORT FOR EMPLOYEES IN INDUSTRIAL
overtime, the employer is allowed to assign the employee ZONES, EXPORT PROCESSING ZONES AND KEY
to work overtime with the employee’s consent and must ECONOMIC ZONES
ensure the overtime hours are not more than 40 hours in
a month.) On 28 March 2022, the Prime Minister released Decision
08/2022/QD-TTg on implementation of policies on rent
Resolution 17/2022/UBTVQH15 took effect from 1 April support for employees.
2022 but the regulations on overtime hours in this
Resolution apply from 1 January 2022. Specifically, an employee who is working for an enterprise
in an industrial zone or an export processing zone, or a key
economic zone will be eligible for support if the employee
INSTRUCTIONS ON THE TIMING OF INVOICE ISSUANCE satisfies all of the following conditions:
FOR ENTITLEMENT TO VAT REDUCTION TO 8%
• Rent accommodation from 1 February 2022 to 30
June 2022.
On 23 March 2022, the Ministry of Finance issued the
• Have an indefinite-term employment contract or a
Official Letter 2688/BTC-TCT regarding Value-Added Tax
fixed-term employment contract for at least 1 month
(VAT) prescribed in the Government’s Decree 15/2022/
which was concluded and executed before 1 April
ND-CP.
2022.
• Participating in compulsory Social Insurance
According to this document, the Ministry of Finance
(included in the list of participants in compulsory
provides instructions on the timing of invoice issuance for
Social Insurance of Social Insurance Agency) in
entitlement to the VAT reduction policy. In particular:
the preceding month of the month in which the
• If business entities signing contracts for profitable enterprise makes the list of employees applying for
services which have invoiced these services at the rent support.
time of payment at a 10% rate before 1 February
2022 and these services are completed during Where the employee is not participating in compulsory
the period from 1 February 2022 to the end of 31 Social Insurance, as specified in Clause 4 Article 2 of
December 2022: Decree 115/2015/ND-CP, the employee must be included
- The amount invoiced before 1 February 2022 will in the enterprise’s payroll for the preceding month of
not be eligible for VAT reduction. the month in which the enterprise prepares the list of
- The remaining amount invoiced within the period employees applying for rent support.
from 1 February 2022 to the end of 31 December
2022 will be eligible for VAT reduction. Employees working in enterprises meeting all of the
• If business entities, subject to 10% VAT in January above conditions will receive a support of 500.000VND
2022, do not issue their invoices until February 2022, per person per month from the State. The support
they will be considered as late issuing invoices, thus duration is up to 3 months and the support will be
not being eligible for the VAT reduction. provided monthly.
• For any invoice issued before 1 February 2022 at a
10% rate, if there is any error identified in the invoice Decision 08/2022/QD-TTg came into force on 28 March
after 1 February 2022, the new correcting invoice or 2022.
the goods return invoice will be issued at the VAT rate
of 10%.

3
Vietnam Tax Updates,
April 2022

CONTENTS OF PETITION FOR APPLICATION OF that support or oppose the measures


TRANSITIONAL RCEP SAFEGUARD MEASURES • Description of imports that are eligible for special
preferential import tariff according to RCEP
On 23 March 2022, the Ministry of Industry and Trade Agreement and have to undergo investigation
promulgated Circular 07/2022/TT-BCT providing for application of transitional RCEP safeguard
guidance on implementation of trade remedies in the measures, etc.
Regional Comprehensive Economic Partnership (RCEP) • Description of similar goods or directly competitive
Agreement. goods of domestic production industry, etc.
• Information about the volume, quantity and value
According to the Circular, a petition for application of of goods within 3 years before submission of the
transitional RCEP safeguard measures will contain: documentation and at least 6 months after the
RCEP Agreement comes into force; etc.
• Name, address and necessary information of the
• Specific requirements for application of the
organisation or individual that is a representative of
transitional RCEP safeguard measures, duration and
domestic production industry
level of application.
• Information, data and evidence for determining the
representative of domestic production industry, etc.
This Circular will be effective from 8 May 2022.
• Names and addresses of producers of similar goods

For more information on tax updates and other compliance requirements for businesses operating in Vietnam, follow
our monthly releases on the website and social media channels at vietnam.acclime.com.

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the highest level of professional Phone: + 84 (0)24 3226 3314
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This publication is general in nature and should not be relied


upon without first seeking specific advice. No liability is taken
for the content of this publication, nor any responsibility
for any actions taken based upon the content.

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