1. Amending and
supplementing a number of articles of Decree No. 126/2020/ND-CP
On October 30, 2022, the Government
issued Decree No. 91/2022/ND-CP (Decree 91) amending a number of articles of
Decree No. 126/2020/ND-CP (Decree 126) detailing a number of articles of the
Law on Tax Administration. In which, many new regulations have been added to
facilitate tax declaration, as well as ensure the interests of taxpayers:
- Supplementing regulations on the end of time limit for cases of filing tax returns and paying taxes; time limit for tax administration agencies to handle dossiers; the validity period of the enforcement decision. In which, if the time limit coincides with the prescribed rest day, the last day of the time limit shall be counted as the working day immediately following that rest day. For example, the time limit for temporarily paying corporate income tax for 3 quarters falls on Sunday, October 30, it will be counted to Monday as October 31.
- Supplementing the provision that if
declarants of personal income tax are organizations or individuals that being
paid incomes by month or quarter but in that month or quarter, income does not generate,
so that taxpayers are not required to submit tax declaration dossiers. This
helps reduce procedures for organizations and individuals when paying income.
- Amending and supplementing
regulations on temporary payment of corporate income tax; remaining after-tax
profit after setting aside 100% of charter capital of enterprises in which the
State owns the charter capital, and temporarily payment of corporate income tax
of foreign carriers. Accordingly, on temporary tax payment, if Decree 126
stipulates that the total amount of temporarily paid corporate income tax for 3
quarters must not be lower than 75% according to the annual finalization, now
Decree 91 has been amended that: total amount of temporarily paid corporate
income tax for 4 quarters must not be lower than 80% according to the annual
finalization. The time limit for temporary payment will be changed from October
30 of 3 quarters to January 30 of next year of 4 quarters. This creates
conditions for enterprises to have more resources to promote production and
business activities at the end of the year. At the same time, it is convenient
for enterprises to declare and pay taxes correctly, because December 31 is the
time when there are full data on production and business activities of the whole
year.
- Amending and supplementing the
location of submission of environmental protection tax declaration dossiers for
domestic mined and consumed coal. Accordingly, enterprises that exploit and
consume domestic coal through the form of managing, assigning it to
subsidiaries, or dependent units to exploit, process and consume..., shall
declare tax for the entire amount of environmental protection tax incurred for
mined coal subject to tax, and submit a tax declaration dossiers to the tax
office directly managing it, enclosed with a table determining the amount of
tax payable for each locality - where the coal mining company is located
according to the regulations of the Minister of Finance. This regulation has
clearly defined the unit responsible for tax declaration and payment, in
accordance with and synchronously with the provisions of the law on natural
resources tax.
Clearly define the
responsibility providing information of the e-commerce platform.
- Adding a regulation that the owner
of an e-commerce platform (an organization established and operating under
Vietnamese law) is responsible for providing fully, accurately and on time to
tax authorities information of the merchant individuals, organizations or
individuals that conduct part or the whole process of buying and selling goods
and services on the e-commerce trading platform (including: seller's name, tax
code or personal identification number, or identity card, or citizen
identification or passport, address, contact phone number; sales through the
online ordering function of the platform). The provision of information is
carried out on a quarterly basis, no later than the last day of the first month
of the following quarter. Information is provided electronically, via the web
Portal in the data format set constructed by the General Department of
Taxation.
- Supplementing regulations for
individuals receiving dividends in securities, when transferring, they must pay
tax according to the provisions of the law on personal income tax; at the same
time extending the time for making tax declaration instead from January 1,
2023. Therefore, from December 5, 2020 to the end of December 31, 2022,
individuals still declare and pay tax by themselves according to regulations;
and organizations that have not yet implemented this regulation will not be
penalized and not be charged late payment interest.
- Sửa đổi thông báo về việc ngừng sử
dụng hóa đơn theo Mẫu số 04-1/CC mới. Theo đó, quy định trường hợp không còn
hóa đơn tồn, hoặc áp dụng hóa đơn điện tử, thì thông báo không cần phải có các
số liệu về hóa đơn tồn.
2. Accelerating
administrative procedure reform, modernizing direction and administration to
serve people and businesses
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In order to speed up the reform
of administrative procedures and modernize the method of directing and
administering to serve the people and businesses, the Government requires
ministers, heads of ministerial-level agencies, government-attached agencies, and
the Chairman of the People's Committees of the provinces and centrally-run
cities directly direct the strict implementation: (i) of Resolution No.
02/NQ-CP dated January 10, 2022, Resolution No. 68/NQ-CP dated May 12, 2020.
Resolution No. 76/NQ-CP dated July 15, 2021 of the Government; (ii) Project on renewing the implementation
of one-door or connecting door mechanism
in handling administrative procedures for the period 2021-2025; (iii) Project
on developing application of data on population, identification and electronic
authentication for national digital transformation in the period of 2022-2025,
with a vision to 2030 (Project 06).
Inthere, focusing on implementing
three key tasks as follows: Reforming administrative procedures, cutting
regulations related to business activities in order to improve the business
investment environment, and enhance national competitiveness; improving the
efficiency of implementation of administrative procedures to serve people and
businesses; modernizing the method of direction and administration.
3. By 2030, 50% of
employees in enterprises will achieve the title of "Learning Citizen"
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Regarding the learning model, the
competent authority issues the Program on striving by 2030, 50% of workers in
enterprises will achieve the title of "Learning Citizen".
4. Promulgating the List of Vietnam's exported and imported goods
On June 8, 2022, The Ministry of
Finance issued Circular no. 31/2022/TT-BTC on the List of Vietnam's imported
and exported goods. This Circular takes effect from December 1, 2022, replacing
Circular no. 65/2017/TT-BTC dated June 27, 2017 and Circular no. 09/2019/TT-BTC
dated February 15, 2019.
Issued together with Circular
no. 31/2022/TT-BTC are 02 Appendixes, including:
- Appendix I: List of Vietnam’s
exported and imported goods;
- Appendix II: 06 general rules
explaining the classification of goods according to the List of Imported and
Exported Goods of Vietnam based on the Harmonized System of Commodity Description
and Coding of the World Customs Organization.
The list of Vietnam's exported and
imported goods is used to:
- Develop Tariff Table applicable to
imported and exported goods;
- Develop lists of goods serving
state management in accordance with the Government's regulations and the
provisions of Clause 4, Article 26 of the Law on Customs;
- Do state statistics on imported and
exported goods;
- Serve the state management of
export and import of goods and other fields./.