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- VISA FOR FOREIGNERS IN VIETNAM
VISA TYPES FOR FOREIGNERS IN VIETNAM According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended in 2019, new visa symbols and their respective durations have been stipulated for foreigners in Vietnam. 1. Visa Types: NG1 – Issued to members of delegations invited by the General Secretary of the Communist Party of Vietnam, President, National Assembly Chairman, and Prime Minister. NG2 – Issued to members of delegations invited by the Permanent Secretariat of the Party Central Committee, Vice President, Vice Chairman of the National Assembly, Vice Prime Minister, Chairman of the Vietnam Fatherland Front, Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy, and State Auditor General; members of delegations at the same level invited by Ministers, provincial or city Party Committee Secretaries, Chairmen of People's Councils, and People's Committees of provinces or centrally governed cities. NG3 – Issued to members of diplomatic missions, consular offices, international organizations under the United Nations, intergovernmental organizations, and their spouses, children under 18, and attendants accompanying them during their tenure. NG4 – Issued to persons working with diplomatic missions, consular offices, international organizations under the United Nations, intergovernmental organizations, and their spouses, children under 18; issued to those visiting members of diplomatic missions, consular offices, and international organizations under the United Nations. LV1 – Issued to persons working with the Party Central Committee's departments, agencies, units, National Assembly, Government, Central Committee of the Vietnam Fatherland Front, Supreme People's Court, Supreme People's Procuracy, State Audit, ministries, and government agencies, provincial committees, and People’s Committees of provinces or cities. LV2 – Issued to persons working with socio-political organizations, social organizations, and the Vietnam Chamber of Commerce and Industry. LS – Issued to foreign lawyers practicing in Vietnam. DT1 – Issued to foreign investors in Vietnam and their representatives for organizations with an investment value of 100 billion VND or more or investments in prioritized sectors, locations decided by the government. DT2 – Issued to foreign investors in Vietnam and their representatives for organizations with an investment value between 50 billion VND and under 100 billion VND or investments in sectors encouraged by the government. DT3 – Issued to foreign investors in Vietnam and their representatives for organizations with an investment value between 3 billion VND and under 50 billion VND. DT4 – Issued to foreign investors in Vietnam and their representatives for organizations with an investment value under 3 billion VND. DN1 – Issued to foreigners working with businesses or organizations having legal status under Vietnamese law. DN2 – Issued to foreigners coming to offer services, establish a commercial presence, or engage in activities under international treaties where Vietnam is a member. NN1 – Issued to heads of representative offices or projects of international organizations or foreign non-governmental organizations in Vietnam. NN2 – Issued to heads of representative offices, branches of foreign traders, or economic, cultural, professional organizations in Vietnam. NN3 – Issued to persons working with foreign non-governmental organizations, representative offices, branches of foreign traders, or foreign economic, cultural, and professional organizations in Vietnam. DH – Issued for training or study purposes. HN – Issued for attending conferences or seminars. PV1 – Issued to journalists, reporters working on a permanent basis in Vietnam. PV2 – Issued to journalists, reporters on a short-term assignment in Vietnam. LĐ1 – Issued to foreigners working in Vietnam who do not need a work permit, except where an international treaty that Vietnam is a part of provides otherwise. LĐ2 – Issued to foreigners working in Vietnam who require a work permit. DL – Issued for tourism purposes. TT – Issued to foreigners who are spouses, children under 18, or parents of foreigners holding visa types LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, or to foreigners who are parents, spouses, or children of Vietnamese citizens. VR – Issued for visiting relatives or other purposes. SQ – Issued for cases specified in Clause 3, Article 17 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019). EV – E-visa: The head of the competent Vietnamese visa authority abroad may issue a visa valid for no more than 30 days for foreigners entering Vietnam for market surveys, tourism, family visits, or medical treatment, under the following conditions: Individuals with a working relationship with the Vietnamese visa issuing authority abroad and their spouses, children, or those with an official request from the diplomatic mission of the host country; Individuals with a guarantee letter from the Vietnamese diplomatic mission abroad. 2. Visa Validity SQ, EV visas are valid for no more than 30 days. HN, DL visas are valid for no more than 3 months. VR visas are valid for no more than 6 months. NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, and TT visas are valid for no more than 12 months. LĐ1, LĐ2 visas are valid for no more than 2 years. DT3 visas are valid for no more than 3 years. LS, DT1, DT2 visas are valid for no more than 5 years. If the visa expires, a new visa will be considered. The visa validity period is shorter than the validity of the passport or international travel document by at least 30 days. For cases under international treaties that Vietnam is a party to, the visa validity period will follow the provisions of the treaty. If you encounter any difficulties or need legal advice, please feel free to contact us for more details.
- Procedure for Applying for a Visa for Foreigners to Work in Vietnam
1. Legal Basis Law No. 47/2014/QH2013 – Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam; Circular No. 04/2015/TT-BCA stipulating the forms for visa application for foreigners. 2. Legal Documents of the Enterprise or Organization (Apply to enterprises submitting documents for the first time at the Immigration Department; these documents are not required for subsequent submissions) Business license or operation permit of the enterprise or organization (business registration, investment certificate, branch or representative office operation permit, etc.). The enterprise or organization must submit this when applying for the first time at the Immigration Department. Certificate of seal registration or notification about posting the seal sample of the enterprise on the national business registration portal. Form NA16 - Registration of the seal and signature of the legal representative of the enterprise or organization operating in Vietnam. 3. Procedure for Applying for an Entry Permit and Visa Step 1 – Prepare the Documents The sponsor fills out the forms listed in item 1 above. The legal representative of the enterprise or organization must sign and affix the seal according to regulations. Note: For a Vietnam visa of more than 3 months, a work permit or exemption certificate from the work permit for the foreigner is required. Step 2 – Submit the Documents and Receive the Appointment Letter If the enterprise or organization is located in the North, submit the documents to the Immigration Department in Hanoi. For the Central region, submit to the Immigration Department in Da Nang. For the South, submit to the Immigration Department in Ho Chi Minh City. If applying for a visa at the Vietnamese Embassy or Consulate abroad, the enterprise or organization must pay the fax fee at the counter. Step 3 – Receive the Result After 5 working days from the date of submission of the complete and valid documents, the Immigration Department will return the result to the enterprise or organization. The entry permit will specify the entry time and the location for the foreigner to receive the visa. Step 4 – Notify the Foreigner Once the entry permit is approved, the enterprise or organization must inform the foreigner that the entry permit procedure has been completed at the Immigration Department. Step 5 – Receive the Visa and Pay the Fees At the visa pickup location, the applicant must complete and submit Form NA1 with a 3x4 cm photo, original passport, a copy of the approved entry permit, and the visa application fee (the visa fee is publicly posted at the visa counter). Note: Foreigners need to check the entry permit document to find out where to pick up the visa. Generally, foreigners receive the visa at the Vietnamese diplomatic missions abroad or at Vietnam's international border gates (e.g., Noi Bai, Tan Son Nhat, Da Nang airports, etc.). If the visa is received at the Embassy or Consulate, the foreigner must personally submit their documents and usually wait no longer than 5 days to receive the visa. If the visa is received at the airport or at a border gate, the foreigner will complete the visa procedure directly at the visa counter when entering Vietnam. The waiting time is typically around 20 minutes or longer, depending on the volume of customers at that time.
- Apply for a Work Permit for Foreigners in Vietnam.
Here is the English translation of the provided text: Currently, the demand for foreign labor in Vietnam is increasing. Foreign workers coming to Vietnam need to comply with the regulations of Vietnamese law regarding the management and employment of foreign labor. 1. Legal Basis: Labor Code 2019. Decree 152/2020/ND-CP. 2. Conditions for applying for a work permit for foreigners: The conditions for issuing a work permit for foreigners include: Being at least 18 years old and having full legal capacity; Possessing professional qualifications, technical skills, work experience, and sufficient health according to the regulations of the Minister of Health; Not being a person currently serving a sentence or not yet cleared of a criminal record or being under investigation for criminal responsibility according to the laws of the foreign country or Vietnamese law; Holding a work permit issued by the competent Vietnamese authorities, except in cases where the foreign worker is not subject to the work permit requirement under Article 154 of the Labor Code 2019. 3. Procedure for applying for a work permit for foreigners: Phase 1: Registering the need for foreign labor with the competent authority: Registering the approval to use foreign workers is the first crucial step to apply for a work permit for foreigners to work legally in Vietnam. At least 30 days before the expected date of employing foreign workers, employers, excluding contractors, must assess the need for foreign workers for positions that cannot be filled by Vietnamese workers and report this to the Ministry of Labor, War Invalids, and Social Affairs or the People's Committee of the province or city where the foreign worker is expected to work. If there is any change in the need for foreign workers during the process, the employer must report this to the Ministry of Labor, War Invalids, and Social Affairs or the provincial People's Committee at least 30 days before the expected employment date of the foreign worker. Phase 2: Applying for the work permit: Step 1: Preparing the application documents: The application documents for a work permit for a foreigner include: A written request for a work permit for the foreigner (according to Form No. 11/PLI) A consular legalization and Vietnamese translation of the health certificate issued abroad or an original health certificate issued in Vietnam at hospitals or clinics meeting the Ministry of Health's standards (within 12 months); A consular legalization and Vietnamese translation of the foreign criminal record certificate issued abroad or an original foreign criminal record certificate issued in Vietnam, valid for 6 months; Passport and visa of the foreigner (notarized copy); Documents proving the foreigner’s role as a manager, director, expert, technical worker, teacher (university degree, work experience verification of at least 3 years abroad, etc.). These documents must be consular legalized and translated into Vietnamese; Two color photos (4×6 size, white background, no glasses); Documents related to the foreign worker (company's appointment decision, employment contract, company charter, etc.). Step 2: Submitting the application: Submit the application to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs in the province where the foreign worker is expected to work at least 15 days before the expected start date of the foreign worker. If you require further information or legal advice, please feel free to contact us for support.
- Building Labor Regulations and Employee Handbook
According to the provisions of Article 118 of the current Labor Code and Article 19 of Decree 12/2022/ND-CP, businesses employing 10 or more workers must have a written Labor Regulations and register it with the Department of Labor, War Invalids, and Social Affairs. The following violations may result in a fine ranging from 5,000,000 to 10,000,000 VND: Failing to register Labor Regulations when the business employs more than 10 workers. Using Labor Regulations without registering with the Ministry of Labor, War Invalids, and Social Affairs. Using expired Labor Regulations. The development and registration of Labor Regulations are not only to meet the mandatory requirements of government agencies but also serve as an important tool for guiding management and developing long-term human resources, preventing and protecting the business in related matters. This task requires a significant amount of time and internal resources, so businesses may consider using the services of consulting firms for the creation of Labor Regulations and code of conduct within the company. This set of Labor Regulations includes the following main contents: Working hours and rest periods. Principles and order in the workplace. Occupational health and safety. Protection of assets, business secrets, technology secrets, and intellectual property. Specific violations of labor discipline and the level of violations, defining disciplinary measures, and material responsibility. Principles of handling and delegating authority for labor discipline handling. Code of conduct and ethics in business.
- Building a salary scale structure
Basically, most businesses need to establish a salary scale, salary table, and publicly disclose them at the workplace. Therefore, businesses need to clearly understand the principles and procedures to create the most appropriate salary scale and table for their company. In this article, we discuss the principles and procedures for building the latest salary scale and table. Legal regulations Labor Code 2019 Decree 38/2022/ND-CP Principles for building the salary scale and table: The minimum wage is the lowest wage paid to workers, and this wage must not be lower than the regional minimum wage and should be adjusted based on the minimum living standards of workers. Businesses should refer to the company's bonus regulations and organizational structure to determine the levels in the salary scale, including the coefficients and wage multiples on the salary table. Businesses must ensure fairness when constructing the salary scale and table: equality and non-discrimination based on gender, ethnicity, skin color, social status, marital status, beliefs, religion, HIV status, disability, union membership, etc. The salary scale and table must be reviewed and amended periodically. Procedure for building the salary scale and table: Step 1: Update the regional minimum wage From July 1, 2024, the regional minimum wage for the simplest job or position under normal conditions (e.g., production workers not performing heavy, hazardous tasks) will continue to follow the regulations in Decree 74/2024/ND-CP as follows: Step 2: Statist the positions and specialized tasks in the company Depending on the position and different specialized tasks, the salary for employees will also vary. In addition, when calculating salaries, businesses also need to consider other factors such as years of experience, work ability, and professional training... Step 3: Design corresponding salary levels based on the principles for constructing the salary scale and table. Once the position groups and professional qualifications are established, the business can calculate the corresponding salary, bonuses, and allowances. Step 4: Consult with the trade union After the salary table has been built, the business needs to consult with and get the opinion of the organization representing the workers at the workplace. The opinion of the workers' representative organization (approval/additional comments, etc.) must be documented in writing with the signatures of the representatives. Step 5: Submit the salary scale and table to the Department of Labor, Invalids, and Social Affairs The salary scale and table must be publicly announced at the workplace before being implemented so that employees are well-informed. The above is our consultation on the principles and procedures for constructing the salary scale and table. If you need to find a consulting firm with experience in business matters, please contact us.
- Procedure for Registering and Submitting Investment Reports for FDI Enterprises
I. Legal Basis for Investment Activity Reporting Regime Investment Law 2020 Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain provisions of the Investment Law. Decree No. 122/2021/ND-CP dated December 28, 2021 of the Government regulating administrative fines for violations in the fields of planning and investment. Circular No. 03/2021/TT-BKHDT dated April 9, 2021 of the Ministry of Planning and Investment regulating forms of documents and reports related to investment activities in Vietnam, investment from Vietnam abroad, and investment promotion. Circular No. 05/2023/TT-BKHDT dated June 30, 2023 regulating the forms of investment monitoring and evaluation reports; the online reporting regime and the operation management of the information system for monitoring and evaluating investment programs and projects using state capital. II. Investment Report Submission Process for FDI Enterprises In the process of implementing an investment project under the Investment Registration Certificate (IRC), one of the obligations of investors/economic organizations is to report investment activities to the investment registration authority and statistical agencies in the locality regarding the project's performance on a quarterly and annual basis. Accordingly, the reporting will be conducted online on the National Investment Information System and submitted in writing directly. For Monitoring Reports Representatives of the economic organization executing the project should submit reports to the Department of Planning and Investment or the management boards of industrial parks/economic zones/export processing zones in the locality where the project is licensed, as follows: Semi-annual report : By July 10 of the reporting year. Annual report : By February 10 of the following year. Report before project adjustment. The format of the monitoring and evaluation report can be referred to in Circular No. 05/2023/TT-BKHDT . For Online Investment Reports In this article, we guide the process of registering and creating an account for submitting online investment reports as follows: Step 1 : Access the electronic information portal of the Ministry of Planning and Investment: https://fdi.gov.vn/_layouts/OGPortalLogin2010/LoginMPI.aspx Then, click on “Here” to download the application form for requesting the project report account (as shown in the image below). Step 2 : Fill in all the required information on the form, then sign and seal it. Step 3 : Submit the form to the investment registration authority for the project at the Department of Planning and Investment or the management board of industrial parks/economic zones/export processing zones in the locality where the project is licensed. You can submit it directly or via mail (send by post). Step 4 : Wait for the result: The local authority will process the project’s report account, and the username along with the password will be sent to the email address you registered on the form. After receiving the login credentials, the representative of the economic organization implementing the project will submit periodic reports through the National Investment Information System. The specific deadlines for investment report submission are: (i) Quarterly reports : Submitted before the 10th of the first month of each quarter. (ii) Annual reports : Submitted before March 31 of the following year. In case the investor fails to submit or submits incomplete reports, they will be administratively fined up to 50,000,000 VND per report, depending on the specific circumstances. It is clear that fulfilling the investment reporting obligation is very important for investors when carrying out projects in Vietnam. If you need assistance from an experienced consulting firm in the field of investment, please contact us.
- The process of registering and submitting investment reports for FDI enterprises.
I. Legal Basis for Investment Activity Reporting Investment Law 2020 Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain provisions of the Investment Law. Decree No. 122/2021/ND-CP dated December 28, 2021 of the Government on administrative fines in the field of planning and investment. Circular No. 03/2021/TT-BKHDT dated April 9, 2021 of the Ministry of Planning and Investment stipulating the forms of documents and reports related to investment activities in Vietnam, outbound investment from Vietnam, and investment promotion. Circular No. 05/2023/TT-BKHDT dated June 30, 2023 regulating the report monitoring and evaluation form; the online reporting regime and management of the operation of the investment program and project monitoring and evaluation information system using state capital. II. Investment Reporting Procedure for FDI Enterprises During the implementation of an investment project under the Investment Registration Certificate (IRC), one of the obligations of the investor/economic organization implementing the project is to report the investment activities to the investment registration agency and the local statistics agency about the project's operational status on a quarterly and annual basis. Accordingly, reports are submitted online via the National Investment Information System and submitted directly in writing. For Monitoring Reports Representatives of economic organizations implementing the project must submit reports to the Department of Planning and Investment or the management board of industrial zones/economic zones/export processing zones in the locality where the project is licensed, with the following deadlines: 6-month report: Before July 10 of the reporting year. Annual report: Before February 10 of the following year. Report before project adjustment. The investor can refer to the Monitoring and Evaluation Report form in Circular No. 05/2023/TT-BKHDT . For Online Investment Reports This article provides a guide on how to register and create an account for submitting investment reports online, as follows: Step 1: Access the Ministry of Planning and Investment’s website: https://fdi.gov.vn/_layouts/OGPortalLogin2010/LoginMPI.aspx Then click on "Here" to download the application form for requesting the creation of a project reporting account (as shown in the image below). Step 2: Fill out the form completely, then sign and affix the seal. Step 3: Submit the form to the project’s investment registration authority at the Department of Planning and Investment or the management board of the industrial zone/economic zone/export processing zone in the locality where the project is licensed. Submit either directly or by postal mail. Step 4: Wait for the results: The local authority will process the reporting account, and the login name and password will be sent to the email account you registered in the application form. After receiving the login credentials, the representative of the economic organization implementing the project will submit periodic reports via the National Investment Information System. The specific reporting deadlines are: (i) Quarterly report: Submit before the 10th of the first month of the quarter.(ii) Annual report: Submit before March 31 of the following year. If the investor fails to submit or submits incomplete reports, they will be fined up to 50,000,000 VND per report, depending on the specific case. Therefore, reporting investment activities is a very important obligation that investors must pay attention to when conducting projects in Vietnam. If you need to find an experienced consulting firm in the investment sector, please contact us.
- Deadline for submitting financial reports and the authorities to submit them to.
I - WHAT DOES THE FINANCIAL REPORT INCLUDE? If the enterprise applies the accounting regime according to Circular 133: Based on Article 71 of Circular 133/2016/TT-BTC, the Financial Reporting System for Enterprises is regulated. The annual financial reporting system for small and medium-sized enterprises includes: Financial position report Business performance report Financial statement notes Trial balance Cash flow report If the enterprise applies the accounting regime according to Circular 200: Based on Article 100 of Circular 200/2014/TT-BTC, the Financial Reporting System for Enterprises is regulated. The annual financial reporting system includes: Balance sheet Business performance report Cash flow report Financial statement notes II - DEADLINE FOR SUBMITTING FINANCIAL REPORTS According to Circular 200/2014/TT-BTC dated December 22, 2014, guiding accounting regimes: Article 109. Deadline for submitting Financial Reports: For other types of enterprises: a) Accounting units are private enterprises and partnerships must submit the annual financial report within 30 days from the end of the accounting period; for other accounting units, the deadline is 90 days. b) Subordinate accounting units must submit their annual financial reports to their superior accounting unit within the deadline set by the superior accounting unit. According to Circular 133/2016/TT-BTC, which guides the accounting regime for small and medium-sized enterprises, the responsibility, deadline for preparing and submitting financial reports is as follows: Responsibility, deadline for preparing and submitting financial reports: All small and medium-sized enterprises must prepare and submit their annual financial report no later than 90 days from the end of the financial year to the relevant authorities as prescribed. Therefore, the deadline for submitting financial reports to relevant authorities (including the tax authority and statistics office) is no later than 90 days from the end of the financial year. III - WHERE TO SUBMIT FINANCIAL REPORTS AND SUBMISSION METHOD (*) In some localities, the Tax Department and Business Registration Office do not accept hard copies of the reports as per Article 18 of Joint Circular 01/2026/TT-BKHĐT-BTC, which guides the exchange of business information between the National Enterprise Registration Information System and the Tax Information System issued by the Ministry of Planning and Investment – Ministry of Finance. (**) Public companies, listed organizations, public securities issuers, securities companies, securities investment companies, funds, and fund management companies must submit consolidated financial reports to the State Securities Commission (SSC) and the Stock Exchange where the company is listed. According to Article 110 of Circular 200/2014/TT-BTC dated December 22, 2014, regarding where to submit financial reports: Article 110. Where to submit financial reports: For enterprises that are required by law to audit their financial reports, the reports must be audited before submission. Audited financial reports must be accompanied by the audit report when submitted to state management authorities and higher-level enterprises. Enterprises with foreign direct investment (FDI) must submit their financial reports to the Department of Finance in the provinces or cities where the enterprise is registered. Enterprises (including both domestic and foreign-invested enterprises) located in export processing zones, industrial zones, and high-tech zones must submit their annual financial reports to the management boards of these zones if required. Instructions for submitting hard copies: Enterprises should prepare 02 sets of audited financial reports to submit to the relevant state agencies as guided in the table above (Section III). One set of reports will be stored at the enterprise, and the receiving agency should stamp the report as received. Submission results: Note: Since each locality may have different requirements regarding where enterprises should submit hard copies of financial reports, it is advisable for enterprises to proactively contact the local management authorities for specific information. IV - REGULATIONS ON ADMINISTRATIVE PENALTIES FOR FAILURE TO SUBMIT OR LATE SUBMISSION OF FINANCIAL REPORTS Regulations on administrative penalties in the field of accounting and independent auditing: According to Article 12, which regulates the submission and public disclosure of financial reports. Regulations on administrative penalties in the field of statistics: According to Articles 7 and 8 of Decree 95/2016/ND-CP, which regulates the deadlines for submitting statistical reports and financial reports to the state statistical authorities. Can financial reports be submitted in supplement? If the financial reports are incorrect, they can be amended and resubmitted. However, the resubmission must be done before the tax authority issues a decision for inspection. Foreign-invested enterprises in Vietnam should be fully aware of the regulations above to avoid penalties during their business operations in Vietnam. This bulletin is for reference only, providing general information to readers and is not specific advice for any particular case. For more detailed information, please contact our consulting specialists.
- Regulations on Personal Income Tax in Vietnam
Foreigners working in Vietnam, those who frequently visit Vietnam for tourism, individuals sent abroad, personnel in human resources and accounting departments, people who are starting work locally, and those considering immigration can all make use of this information. Consult experts for accurate data. Overview of Personal Income Tax in Vietnam Tax Year : From January 1 to December 31 Residents : Refer to the progressive tax rate table below Non-residents : Pay 20% of their salary Tax Filing and Payment Period : Quarterly (by the end of the following month) Monthly (by the 20th of the following month) If the sales revenue in the previous year exceeds VND 50 billion, and the estimated monthly personal income tax deduction exceeds VND 50 million, the tax must be filed monthly. Tax Filing Deadline : End of April of the following year Basic Deduction : VND 11 million Dependent Deduction : VND 4.4 million x number of dependents Key Points to Note : There is no residency tax, but social insurance fees should be taken into account. It is important to determine whether an individual is a resident or non-resident. For individuals over 18 years old, there are some requirements for dependent deductions for spouses. If you have no income (VND 1,000,000 or less per month) and have a physical disability or face work difficulties, the basic tax rate will apply.
- What should businesses prepare when the tax authority conducts a tax finalization?
Legal basis: Consolidated Document 14/VBHN-VPQH in 2019, which consolidates the Accounting Law issued by the National Assembly Office. Decision No. 970/QD-TCT issued the tax audit procedures. What should businesses prepare when the tax authority conducts a tax finalization? In reality, periodic tax finalization is a task that no business desires to carry out, as it involves direct interaction with the tax authorities. When a business receives a tax finalization decision from the tax authorities, it should pay attention to preparing the necessary documents, records, and tasks, which specifically include: What should businesses prepare when the tax authority conducts a tax finalization? Prepare the full legal documents of the business: Business registration certificate. Tax code information. Company regulations. Company charter. Company financial regulations, including employee policies and salary structure. Operational regulations for dependent units, such as branches, representative offices, production facilities, or warehouses (if any). Organize original documents: Original documents should be arranged by month and in accordance with the sequence of the input and output tax reports, printed and submitted to the tax authorities monthly. The monthly original documents must be accompanied by the monthly value-added tax declaration submitted to the tax authorities. Note that each document or group of documents must be accompanied by: Sales invoices with receipts (if any), contracts, warehouse delivery slips, and contract liquidation minutes (if any). Purchase invoices with payment slips, payment requests, warehouse receipts, contracts, and contract liquidation minutes (if any). All documents must have the required signatures according to their positions. Organize the reports already submitted to the tax authorities: The reports include financial statements, corporate income tax finalization, personal income tax, and tax refund reports for each year. Note that the documents for a given year must be accompanied by the corresponding annual reports. Prepare full books for the year: General journal. Purchase journal. Sales journal. Cash payment journal. Cash receipt journal. Detailed accounts payable for all suppliers. Detailed accounts receivable for all customers. Cash fund journal and detailed bank account journal. Debt confirmation minutes for each party (if any) at the end of the year. General ledger for all accounts, including 131, 331, 111, 112, 152, 153, 154, 155, 211, 214, 621, 622, 627, 641, 642, depending on Decision 48 or 15 of the business. Summary of fixed asset increases and decreases. Summary of tools and equipment increases and decreases. Fixed asset depreciation book. Tools and equipment depreciation book. Inventory records for each warehouse. Stock cards and detailed materials records. Note: All entered documents must be printed out and signed properly. Organize contracts in chronological order: Each incoming and outgoing contract should be arranged by date. Verify and gather all documents related to the contract, including acceptance reports and contract liquidation documents (if any). Verify accounts payable and receivable: Check which amounts are owed to ensure that the input and output data match. Check the signatures and seals on all documents. 2. When will the tax authorities conduct a finalization at the business location? According to Decision No. 970/QD-TCT in 2023, the tax authorities will conduct tax finalization at the business location in the following cases: Conducting tax record audits at the tax office. Conducting tax audits at the taxpayer’s office: Auditing tax records. For cases where records are subject to pre-refund tax audits; post-refund tax audits for records subject to tax refund first, as prescribed: Conduct audits at the taxpayer’s office. If there are signs of legal violations through tax management, audits will be conducted at the taxpayer’s office. Audits according to specific themes (e.g., selected based on a plan or issue decided by the superior tax authority; audits arising during the year as decided by the same-level tax authority): audits will be conducted at the taxpayer’s office. If the taxpayer undergoes changes like mergers, separations, business model transformations, dissolution, termination of operations, privatization, tax code cancellations, or location changes resulting in a change of the tax authority managing the business: audits will be conducted at the taxpayer’s office (including sudden audits or audits directed by competent authorities). Based on recommendations from the State Audit, State Inspection, or other competent authorities: audits will be conducted at the taxpayer’s office. If you need a consulting unit with experience in tax matters, please contact us.
- Extension of the deadline for Value Added Tax (VAT), Corporate Income Tax (CIT), Personal Income Tax (PIT), and land rent payments for 2023.
The Government has issued Decree No. 12/2023/ND-CP, which officially takes effect from April 14, 2023, until December 31, 2023, regarding the extension of the deadlines for Value Added Tax (VAT), Corporate Income Tax (CIT), Personal Income Tax (PIT), and land rental payments for 2023, as follows: For VAT (excluding import VAT): The deadline for VAT payments is extended for VAT arising that must be paid (including VAT allocated to other provincial localities where the taxpayer’s head office is located, and VAT paid for each occurrence) for tax periods from March to August 2023 (for monthly VAT filers) and the first and second quarters of 2023 (for quarterly VAT filers) of enterprises and organizations under the extended deadline provisions of Article 3 of this Decree. Specifically: The extension period is 6 months for VAT from March to May 2023 and the first quarter of 2023. The extension period is 5 months for VAT from June 2023 and the second quarter of 2023. The extension period is 4 months for VAT from July 2023. The extension period is 3 months for VAT from August 2023. The extension period is calculated from the date of the original VAT payment deadline according to the regulations on tax administration. For CIT: The deadline for provisional CIT payments for the first and second quarters of the CIT tax period in 2023 is extended for enterprises and organizations under the provisions of Article 3 of this Decree. The extension period is 3 months, starting from the date the CIT payment deadline ends, according to the regulations on tax administration. For VAT and PIT for business households and individuals: The deadline for VAT and PIT payments for amounts owed arising in 2023 by business households and individuals within the scope of the extension under Article 3 of this Decree is extended. Business households and individual businesses must pay the extended tax by December 30, 2023, at the latest. For land rental payments: The deadline for land rental payments is extended for 50% of the land rental amounts owed for 2023 by enterprises, organizations, households, and individual businesses that are directly leased land by the State under decisions or contracts by competent state agencies in the form of annual land rental payments. The extension period is 6 months, from May 31, 2023, to November 30, 2023.
- Extension of the 2022 Tax Filing Deadline
Extension of the VAT, Corporate Income Tax (CIT), Personal Income Tax (PIT), and Land Rent Payment Deadlines for 2022 The government has just issued Decree No. 34/2022/ND-CP, which officially takes effect from May 28, 2022, to December 31, 2022, regarding the extension of the deadlines for VAT, CIT, PIT, and land rent payments for the year 2022, specifically as follows: 1. VAT (excluding import VAT) The deadline for VAT payments will be extended for the VAT amount payable (including VAT allocated to other provinces where the taxpayer’s head office is not located, VAT payable for each arising period) for tax periods from March to August 2022 (for taxpayers declaring VAT on a monthly basis) and for the first and second quarters of 2022 (for taxpayers declaring VAT on a quarterly basis). The extension periods are as follows: 6 months for VAT from March to May 2022 and Q1 2022. 5 months for VAT of June 2022 and Q2 2022. 4 months for VAT of July 2022. 3 months for VAT of August 2022. The extension period will be calculated from the end of the VAT payment deadline as regulated by the law on tax administration. 2. CIT The deadline for advance CIT payments for Q1 and Q2 of 2022 is extended. The extension period is 3 months, starting from the end of the CIT payment deadline as regulated by the law on tax administration. 3. VAT and PIT for Business Households and Individuals The deadline for VAT and PIT payments is extended for amounts due in 2022 from business households and individual businesses operating in economic sectors as regulated. Business households and individual businesses must pay the extended tax amount by no later than December 30, 2022. 4. Land Rent The deadline for land rent payments is extended for 50% of the land rent amount due in 2022 for businesses, organizations, households, and individual businesses that are directly leased land by the State under a decision or contract with the competent state agency, with annual land rent payments. The extension period is 6 months, from May 31, 2022, to November 30, 2022.