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Legal newsletter October 2023

Legal newsletter October 2023

Date Submitted: 23/09/2024 04:12 PM

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Legal newsletter September 2023

Legal newsletter September 2023

Date Submitted: 23/09/2024 04:09 PM

A. NEW TEXT 1.      Global minimum tax: an opportunity in a challenge 2.    Decree 67/2023/ND-CP of the Government regulating compulsory insurance for civil liability of motor vehicle owners, compulsory fire and explosion insurance, compulsory insurance in construction investment activities 3.     Decree 68/2023/ND-CP amending Decree 115/2022 Preferential export tariff schedule 4.     Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for organizations foreign officials and individuals in Vietnam B. INSTRUCTIONAL DOCUMENTS 1.     Official Dispatch 65202/CTHN-TTHT Hanoi 2023 guiding VAT rates according to Decree 15/2022/ND-CP 2.     Official dispatch 65973/CTHN-TTHT of Hanoi Tax Department on corporate income tax final declaration and finalization 3.     Is the provision for devaluation of inventory included in deductible expenses when calculating corporate income tax? 4.     Sales invoice for foreigners C. OTHER DOCUMENTS 1.     Official dispatch 63648/CTHN-TTHT Hanoi 2023 handling invoices with errors 2.     Official Dispatch 67046/CTHN-TTHT of 2023 on criteria for names of goods and services on value-added invoices issued by Hanoi Tax Department 3.     Official Dispatch No. 67047/CTHN-TTHT of 2023 on value-added tax policy issued by Hanoi Tax Department 4.     Official Dispatch 67051/CTHN-TTHT of 2023 regulating invoices for the production of exported products used as fixed assets for branches issued by the Hanoi Tax Department 5.         Is VAT reduced for scrap?
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Legal Newsletter August 2023

Legal Newsletter August 2023

Date Submitted: 23/09/2024 04:05 PM

A. NEW DOCUMENT 1. Decision 15/2023/QD-TTg of the Prime Minister stipulating the application of ordinary tax rates to imported goods 2. Decision 970/QD-TCT 2023 Tax inspection process 3. Decision 7785/QD-TLD 2023 amending Decision 6696/QD-TLD dated January 16, 2023 4. Decree 26/2023/ND-CP of the Government Export Tariff, Preferential Import Tariff, List of Goods and Absolute Tax Rates, Mixed Taxes, Out-of-quota Import Taxes 5. Decree 42/2023/ND-CP adjusting pensions, social insurance benefits and monthly benefits 6. Circular 34/2023/TT-BTC on collection and use of fees eligible for environmental monitoring activities B. INSTRUCTION DOCUMENTS 1. Official Letter 45193/CTHN-TTHT of Hanoi Tax Department on corporate income tax incentives for new investment projects in industrial parks 2. Official Letter 8732/CTTPHCM-TTHT of Ho Chi Minh City Tax Department on the reduction of 2% value-added tax in Decree 44/2023/ND-CP 3. Official dispatch 51359/CTHN-TTHT Hanoi 2023 on using electronic invoices in export processing zones when liquidating assets C. MORE NEED TO KNOW 1. Official dispatch 2336/TCT-CS of the General Department of Taxation on land rental policy 2. Official dispatch 45194/CTHN-TTHT of Hanoi Tax Department on personal income tax declaration for employees 3. Official Letter 46972/CTHN-TTHT of Hanoi Tax Department on VAT declaration for head office and branches 4. Official dispatch 3292/TCT-CS of the General Department of Taxation on invoices 5. Official dispatch 59259/CTHN-TTHT Hanoi 2023 loan interest rates between affiliated companies
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Legal Newsletter July 2023

Legal Newsletter July 2023

Date Submitted: 23/09/2024 04:02 PM

A NEW TEXT 1 Decree increasing the base salary to 1.8 million VND/month from July 1, 2023 2 Decree 44/2023/ND-CP of the Government regulating the value-added tax reduction policy under Resolution 101/2023/QH15 dated June 24, 2023 of the National Assembly 3 Circular 44/2023/TT-BTC of the Ministry of Finance regulating the collection of a number of fees and charges to support people and businesses B INSTRUCTIONS Document 1 Official Letter 42926/CTHN-TTHT Hanoi 2023 VAT rates for export activities 2 Official Letter 43260/CTHN-TTHT Hanoi 2023 VAT rates on services provided to export processing enterprises C MORE THINGS TO KNOW 1 Contract signed before July 1, 2023 but extended after July 1, 2023, VAT of 8% or 10% will be applied.
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Legal Newsletter January 2023

Legal Newsletter January 2023

Date Submitted: 23/09/2024 03:55 PM

A.    VĂN BẢN MỚI 1.      Thông tư 31/2022/TT-BTC ngày 30/06/2022 do Bộ Tài Chính ban hành về việc danh mục hàng hóa xuất khẩu, nhập khẩu Việt Nam 2.      Nghị định 15/2022/NĐ-CP ngày 28/01/2022 về việc áp dụng quy định về thuế suất thuế GTGT trên hóa đơn điện tử B.     VĂN BẢN HƯỚNG DẪN 1.      Công văn 60513/CTHN-TTHT của Cục thuế TP. Hà Nội chính sách hoàn thuế GTGT trường hợp ủy thác xuất khẩu.  2.      Công văn 60510/CTHN-TTHT chi phí được trừ khi tính thuế TNDN đối với khoản tài trợ UBND    3.      Công văn 62543/CTHN-TTHT của Cục thuế TP. Hà Nội về chính sách thuế TNCN với chuyên gia nước ngoài  C.    ĐIỀU CẦN BIẾT THÊM 1.      Quyết định 02/2022/QĐ-KTNN ngày 03/11/2022 do Tổng Kiểm toán Nhà nước ban hành Quy định về theo dõi, kiểm tra việc thực hiện kết luận, kiến nghị kiểm toán 2.      Công văn 59940/CTHN-TTHT ngày 06/12/2022 do Cục Thuế TP. Hà Nội ban hành về chính sách thuế đối với nhà thầu nước ngoài 
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Legal Newsletter December 2022

Legal Newsletter December 2022

Date Submitted: 23/09/2024 03:50 PM

A.    NEW TEXT 1. Decree 91/2022/ND-CP of the Government issued on October 30, 2022 amending and supplementing a number of parts of the Government's Decree No. 126/2020/ND-CP dated October 19, 2020 detailing a number of parts of the Law on Tax administration 2. Circular 12/2022/TT-NHNN of the State Bank of Vietnam issued on September 30, 2022 guiding the management of foreign exchange for borrowing and paying foreign debts of enterprises. B. WRITTEN INSTRUCTIONS 1.      Official Letter 4485/TCT-PC of the General Department of Taxation issued on December 1, 2022 on the implementation of Decree No. 118/2021/ND-CP. 2. Official Letter 51206/CTHN-TTHT issued by Hanoi Tax Department on October 24, 2022 on the deductible interest expense when calculating corporate income tax (CIT). 3. Official Dispatch 53393/CTHN-TTHT of Hanoi Tax Department issued on November 4, 2022 on the declaration of current value added tax (VAT). 4. Official Letter 53407/CTHN-TTHT of Hanoi Tax Department issued on November 4, 2022 on corporate income tax (CIT) declaration after merger. 5. Official Letter 54309/CTHN-TTHT of Hanoi Tax Department issued on 10/11/2022 on electronic invoices. C.    MORE NEED TO KNOW 1. Official Letter 4613/TCHQ-TXNK of the General Department of Customs issued on November 2, 2022 on tax treatment of exported manufactured goods. 2. Official Letter 52118/CT-TTHT of Hanoi Tax Department issued on October 28, 2022 on the application for registration of personal income tax (PIT) dependents. 3. Official Letter 53673/CTHN-TTHT issued by Hanoi Tax Department on November 7, 2022 on income subject to personal income tax (PIT) for child support. 4. Official Letter 55346/CTHN-TTHT of Hanoi Tax Department issued on 15/11/2022 on value-added tax (VAT) rate for international transport business. 5. Decision 2317/QD-TCHQ of the General Department of Customs issued on October 24, 2022 guiding the process of managing tax debt and other revenues for exported and imported goods.
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Legal Newsletter November 2022

Legal Newsletter November 2022

Date Submitted: 23/09/2024 03:17 PM

A. NEW TEXT 1 1. Decision No. 19/2022/QD-TTg of the Prime Minister dated September 22, 2022 on regulations on management costs of social insurance (social insurance), unemployment insurance (UI), health insurance (HI) period 2022 - 2024 officially took effect 1. 2. Decision No. 2317/QD-TCHQ dated October 24, 2022 of the General Department of Customs on promulgating the Process of managing tax debt and other revenues for exported and imported goods 2. 3. Decree 91/2022/ND-CP  dated October 30, 2022 amending and supplementing a number of articles of the Government's Decree No. 126/2020/ND-CP detailing a number of articles of the Law on Tax Administration 3. B.  INSTRUCTION Document 4 1. Dispatch 3783/TCT-KK dated October 13, 2022 on the refund of overpaid tax and interest issued by the General Department of Taxation 4 2.  Dispatch 49535/CTHN-TTHT dated October 13, 2022 issued by Hanoi Tax Department on the declaration of adjusted and replaced invoices 3. Dispatch 49058/CTHN-TTHT dated October 11, 2022 on tax policy for sales bonus 7 C.  THE NEED TO KNOW 9 1. The rate of payment of compulsory social insurance, unemployment insurance, health insurance from October 1, 2022 9 2. Dispatch 50626/CTHN-TTHT  dated October 19, 2022 issued by Hanoi Tax Department on tax policy when receiving sponsorship money from overseas companies.    
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Legal Newsletter October 2022

Legal Newsletter October 2022

Date Submitted: 23/09/2024 02:42 PM

I. NEW DOCUMENT Circular 41/2022/TT-BTC dated July 5, 2022 issued by the Ministry of Finance guiding the accounting regime applied to social and charitable activities. Decree No. 49/2022/ND-CP dated July 29, 2013 of the Government on amending and supplementing a number of articles of Decree No. 209/2013/ND-CP dated December 18, 2013 of the Government regulating detailing and guiding the implementation of a number of articles of the Value Added Tax Law, which has been amended and supplemented with a number of articles according to Decree No. 12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 146/2017/ND-CP. II. GUIDELINES Official Dispatch No. 46742/CTHN-TTHT dated September 23, 2022 issued by the Hanoi Tax Department on value added tax rates for commission-based brokerage activities. Official dispatch 46907/CTHN-TTHT dated September 26, 2022 issued by Hanoi Tax Department on handling invoices with errors. Official Dispatch 47147/CTHN-TTHT dated September 27, 2022 of Hanoi Tax Department on VAT declaration for electronic invoices with a date of creation different from the date of signing. III. MORE NEED TO KNOW Decree No. 65/2022/ND-CP dated September 16, 2022 amending Decree 153/2020/ND-CP regulating private offerings and transactions of corporate bonds in the domestic market and bond offerings corporate bonds to the international market. Decision 1521/QD-TCT dated September 22, 2022 on Procedures for management of tax procedure service practice issued by the Director General of the General Department of Taxation. ​
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Legal Newsletter September 2022

Legal Newsletter September 2022

Date Submitted: 23/09/2024 02:38 PM

A. NEW TEXT 1. Circular 41/2022/TT-BTC dated July 5, 2022 issued by the Ministry of Finance guiding the accounting regime applicable to social and charity activities 2. Decree No. 49/2022/ND-CP dated July 29, 22 of the Government amending and supplementing a number of articles of the Government's Decree No. 209/2013/ND-CP of December 18, 2013 detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax, which has been amended and supplemented with a number of articles under Decree No. 12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 100/2016/ND B. TUTORIAL DOCUMENTS 1. Official Letter 46742/CTHN-TTHT dated September 23, 2022 issued by the Hanoi Tax Department on the value-added tax rate applicable to commission brokerage activities. 2. Official Letter 46907/CTHN-TTHT dated September 26, 2022 issued by Hanoi Tax Department on the handling of invoices with errors. 3. Official Letter 47147/CTHN-TTHT dated September 27, 2022 of Hanoi Tax Department on VAT declaration for e-invoices with a date different from the date of signing. C. MORE THINGS TO KNOW 1. Decree No. 65/2022/ND-CP dated September 16, 2022 amending Decree 153/2020/ND-CP stipulating the private offering and trading of corporate bonds in the domestic market and the offering of corporate bonds to the international market 2. Decision No. 1521/QD-TCT dated September 22, 2022 on the process of practicing management of tax procedure service practice promulgated by the Director of the General Department of Taxation
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Legal Newsletter August 2022

Legal Newsletter August 2022

Date Submitted: 23/09/2024 02:05 PM

A.    NEW TEXT 1. Decision 1421/QD-BTC dated July 15, 2022 of the Ministry of Finance on the publication of the list of periodical reports in the tax field under the management of the Ministry of Finance. 2. Decree 49/2022/ND-CP dated July 29, 2022 of the Government amending Decree 209/2013/ND-CP guiding the Law on Value Added Tax which has been amended and supplemented according to Decree 12/2015/ND-CP, Decree 100/2016/ND-CP and Decree 146/2017/ND-CP. 3. Decree  51/2022/ND-CP dated 8/8/2022 of the Government promulgated on amending the preferential import tax rates for gasoline products. 4. Decree 53/2022/ND-CP dated August 15, 2022 of the Government promulgating guidelines for the Law on Cybersecurity. B. WRITTEN INSTRUCTIONS 1. Official Dispatch 37371/CTHN-TTHT dated August 1, 2022 of Hanoi Tax Department promulgating the issuance of e-invoices according to Decree No. 123/2020/ND-CP  and Circular No. 78/2021/TT-BTC. 2. Official Dispatch 37372/CTHN-TTHT dated August 1, 2022 of Hanoi Tax Department promulgating tax declaration for foreign contractors. 3. Official Letter 3363/TCHQ-GSQL dated 12/8/2022 of the General Department of Customs on the import of goods as promotional gifts. 4. Official Letter 40222/CTHN-TTHT dated August 16, 2022 of Hanoi Tax Department on determination of PIT taxable income from gifts and winning prizes. 5. Official Letter 8042/BTC-TCHQ dated 12/08/2022 of the Ministry of Finance promulgating invoices and documents; related to customs dossiers to be submitted for on-spot exports and imports. C.    MORE NEED TO KNOW 1. Official Letter 37870/CTHN-TTHT dated August 3, 2022 of Hanoi Tax Department on tax policy when hiring foreign workers. 2. Circular 39/2022/TT-BTC dated June 24, 2022 of the Ministry of Finance guiding a number of articles of the Government's Decree 121/2021/ND-CP dated December 27, 2021 on the business of prize-winning electronic games for foreigners. 3. Official Dispatch 2831/TCT-TTKT dated August 4, 2022 of the General Department of Taxation on continuing to strengthen tax administration for cars and motorcycles imported or temporarily imported for non-commercial purposes.
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