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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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Legal Newsletter July 2022

Legal Newsletter July 2022

Date Submitted: 23/09/2024 02:00 PM

A. NEW TEXT. 1. Decree No. 38/2022/ND-CP stipulating the minimum wage for employees working under labor contracts. 2. Compulsory use of electronic invoices. 3. Decree No. 49/2022/ND-CP amending and supplementing a number of articles of the Law on Value-Added Tax and Decrees guiding its implementation. 4. Decision 568/QD-TCT on the process of managing electronic stamps for alcohol and electronic cigarettes for domestic consumption, issued by the Director of the General Department of Taxation. B. WRITTEN INSTRUCTIONS. 1. Official Letter 2455/TCT-DNNCN on the implementation of electronic invoices, receipts and documents withholding personal income tax (“PIT”). 2. Official Letter No. 2594/TCT-CS of the General Department of Taxation on CIT reduction under Decree 92/2021/ND-CP. 3. Official Letter 32670/CTHN-TTHT issued by the General Department of Taxation, Hanoi City, on tax policies for capital contribution and receipt. 4. Official Letter  32315/CTHN-TTHT issued by the General Department of Taxation, Hanoi City Department of Taxation on regulations on invoicing. C. MORE NEED TO KNOW. 1. Resolution 20/2022/UBTVQH15 on environmental protection tax rates for gasoline, oil and grease promulgated by the National Assembly Standing Committee.
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Legal Newsletter June 2022

Legal Newsletter June 2022

Date Submitted: 23/09/2024 01:54 PM

A. NEW TEXT 1. Decree No. 34/2022/ND-CP dated May 28, 22 of the government on extending the deadline for payment of VAT, CIT, PIT and land rent in 2022. 2. Decree No. 41/2022/ND-CP amending and supplementing a number of articles of the Government's Decree No. 123/2020/ND-CP dated October 19, 2020 on invoices and documents, and Decree No. 15/2022/ND-CP dated January 28, 2022 of the Government stipulating tax exemption and reduction policies according to the National Assembly's Resolution No. 43/2022/QH15 on socio-economic development, monetary recovery and support programs. B. GUIDELINES 1. Official Letter 25024/CTHN-TTHT of the Tax Department of Hanoi City on the making of invoices. 2. Official Letter 25532/CTHN-TTHT of Hanoi Tax Department on value-added tax policy under Decree 15/2022/ND-CP and reduced land rent. 3. Official Letter 2194/TCT-KK of the General Department of Taxation on Organization of the implementation of Decree No. 34/2022/ND-CP 4. Dispatch 7563/CTTPHCM-TTHT issued by the Tax Department of Ho Chi Minh City on electronic PIT withholding documents C. MORE THINGS TO KNOW 1. Signs of violations in invoice management. 2. Methods of declaration and calculation of value-added tax on gold, silver and gems. 3. Still paying at least 7% higher than the minimum wage for trained workers.
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Legal Newsletter May 2022

Legal Newsletter May 2022

Date Submitted: 23/09/2024 01:50 PM

A. NEW TEXT 1.  Decree 32/2022/ND-CP of the Government on extending the deadline for paying excise tax for domestically manufactured or assembled automobiles. 2. Decree 38/2022/ND-cp on regional minimum wages in 2022 for employees working under labor contracts and trained employees. Accordingly, the minimum wage will be set by month and hourly with an average increase of 6%. 3. Decree 41/2022/ND-CP amending and supplementing a number of articles of the Government's Decree No. 123/2020/ND-CP dated October 19, 2020 on invoices and documents, and Decree No. 15/2022/ND-CP dated January 28, 2022 of the Government stipulating tax exemption and reduction policies according to the National Assembly's Resolution No. 43/2022/QH15 on fiscal, monetary and social recovery policies and program development. 4. Decision 1607/QD-BQP of the Ministry of National Defense on promulgating the Internal Audit Regulations of the Ministry of Defense. 5. Circular 21/2021/TT-BNNPTNT stipulating the classification of wood processing and exporting enterprises promulgated by the Minister of Agriculture and Rural Development. B. WRITTEN INSTRUCTIONS 1. Official Letter 1399/LDTBXH-VL – On the receipt and settlement of unemployment benefits on the national public service portal. 2. Official Letter No. 1606/TCHQ – TXNK Tax treatment for taxable goods that are reprocessed but have no processing facility. C. MORE NEED TO KNOW 1. Circular 24/2022/TT-BTC Amending and Supplementing Circular No. 48/2019/TT-BTC guiding the setting up and handling of provisions at enterprises. 2. Decision 633/QD-TTg of the Prime Minister approving the Strategy of Accounting - Auditing to 2030.  
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Legal Newsletter April 2022

Legal Newsletter April 2022

Date Submitted: 23/09/2024 11:55 AM

A.  NEW TEXT 1.   Resolution No. 18/2022/UBTVQH15 dated March 23, 2022 of the National Assembly Standing Committee promulgating environmental protection tax rates for gasoline, oil and grease. 2.   Resolution No. 17/2022/UBTVQH15 dated March 23, 2022 of the National Assembly Standing Committee promulgating the number of overtime hours worked in 01 year, in 01 month of employees in the context of COVID-19 epidemic prevention and control and socio-economic recovery and development. 3.   Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Ministry of Labor, War Invalids and Social Affairs promulgating regulations on labor classification standards according to working conditions. 4.   Circular No. 24/2022/TT-BTC dated April 7, 2022 of the Ministry of Finance promulgating amendments and supplements to a number of articles of Circular 48/2019/TT-BTC dated August 8, 2019 of the Minister of Finance guiding the setting up and handling of provisions for devaluation of inventories, loss of investments, bad debts and warranty on products, construction works, goods, and services. B.  INSTRUCTION Document 1.   Dispatch No. 2220/BHXH-QLT dated March 28, 2022 of the Prime Minister  on the implementation of the policy of housing rent support for employees according to  Decision 08/2022/QD-TTg. 2.   Dispatch No.  1400/TCHQ-TXNK dated April 21, 2022 by the General Department of Customs on tax treatment of goods rented or borrowed from export processing enterprises. 3.   Notice No. 1511/TB-BHXH dated March 30, 2022 of the Ho Chi Minh City Social Insurance (BHXH) promulgating the adjustment of the process and receipt of documents according to the one-stop-shop mechanism. C.  MORE NEED TO KNOW 1.   Proposal to extend payment of CIT, VAT and PIT in 2022. 2.   Decree No. 23/2022/ND-CP  dated April 5, 2022 of the Government promulgating the establishment, rearrangement, ownership conversion and transfer of the right to represent the owner in enterprises in which 100% charter capital is held by the State. 3.   Decision No. 508/QD-TTg dated April 23, 2022 by the Prime Minister on approving the Strategy for Tax System Reform to 2030.
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Legal Newsletter January 2022

Legal Newsletter January 2022

Date Submitted: 23/09/2024 11:05 AM

A.   NEW TEXT 1.    Decree 104/2021/ND-CP on extending the deadline for paying excise tax on domestically manufactured or assembled automobiles. 2.    Decree 108/2021/ND-CP of the Government promulgating adjustment of pension, social insurance allowance and monthly allowance. 3.    Circular 18/2021/TT-BLDTBXH stipulating working time and rest time for employees doing seasonal production jobs and processing jobs according to orders. B. DISCLAIMER INSTRUCTIONS 1.    Official Letter 48921/CTHN-TTHT 2021 on personal income tax policy for the payment of expenses for making temporary residence cards and visas for employees issued by Hanoi Tax Department. 2.    Official Letter 54821/CTHN-TTHT 2021 guiding the time of invoice issuance issued by Hanoi Tax Department. 3.    Official Letter 48923/CTHN-TTHT issued by Hanoi Tax Department on tax policy according to Decree 92/2021/ND-CP. 4.    Official Letter No. 4291/BHXH-QLT on submission of documents, deductions for payment of social insurance and health insurance, granting the use value of health insurance cards in 2022. C.   MORE NEED TO KNOW 1.    Regulations on salary for controllers of 100% State owned one-member limited liability companies. 2.    Amend the import and export tax schedule, promptly remove difficulties for enterprises. 3.    Notice No. 16172/TB-CTTPHCM on the conversion and application of e-invoices according to Decree No. 123/2020/ND-CP, Circular No. 78/2021/TT-BTC. 4.    Notice 4447/TB-BHXH in 2021 on social insurance premium rates for foreigners and voluntary social insurance from January 1, 2022 issued by Ho Chi Minh City Social Insurance. 5.    Circular 21/2021/TT-BCT of the Ministry of Industry and Trade promulgating regulations at border gates for importing passenger cars with under 16 seats.  
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