– Pursuant to Circular No. 103/2014/TT-BTC dated August 6, 2014 of the Ministry of Finance guiding the implementation of tax obligations applicable to foreign organizations and individuals doing business in Vietnam or earning income in Vietnam:
+ In Article 1, regulated entities are as follows:
“The guidance in this Circular applies to the following entities (except for the case specified in Article 2, Chapter I) :
1. Foreign business organizations having permanent establishments in Vietnam or not; foreign business individuals that are residents of Vietnam or not (hereinafter referred to as foreign contractors and foreign sub-contractors) who do business in Vietnam or earn income in Vietnam under contracts, agreements, or commitments between the foreign contractor and a Vietnamese entity or between a foreign sub-contractor and a foreign sub-contractor to perform part of the main contract…”
+ Clause 2, Article 4 provides for taxpayers:
“2. Organizations established and operated under Vietnam’s law or registers its operation under Vietnam law; business entities that purchase services, services attached to goods, or pay income in Vietnam under main contracts or subcontracts; purchase goods in the form of domestic import or under Incoterms; distribute goods or provide services on behalf of foreign entities in Vietnam (hereinafter referred to as Vietnamese entities) include:
– Business organizations established under Company law, the Law on Investment, and the Law on Cooperatives;
Taxpayers defined in Clause 2 Article 4 Chapter I are obliged to withhold VAT and corporate income tax as prescribed in Section 3 Chapter II before paying foreign contractors and foreign sub-contractors.”
+ Article 8 stipulates on regulated entities and requirements for paying VAT using the credit method, paying CIT on the basis of revenue and expense declaration to determine taxable income (declaration method):
“A foreign contractor or foreign sub-contractor shall pay tax in accordance with instructions in section 2 Chapter II if the requirements below are satisfied:
1. The contractor/subcontractor has a permanent establishment in Vietnam or the contractor/subcontractor is a resident of Vietnam;
2. The period of business operation on Vietnam under the main contract or subcontract is 183 days or longer from the effective date of the contract;
3. The contractor/subcontractor applies Vietnam’s accounting practice, has applied for tax registration and issued with a taxpayer ID number (TIN) by a tax authority.”
+ In Article 9 provides for VAT in the declaration method;
+ In Article 11 stipulates the regulated entities and requirements for paying VAT payment and CIT according to fixed rates (direct method):
If the foreign contractor or foreign sub-contractor fails to meet any of the requirements mentioned in Article 8 Section 2 Chapter II, the Vietnamese party shall pay tax on their behalf in accordance with instructions in Article 12 and Article 13 Section 3 of Chapter II.”
+ Article 12 provides for value added tax;
+ Article 13 provides for corporate income tax;
– Pursuant to Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance guiding the implementation of a number of articles of the Law on Tax Administration and Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government detailing a number of articles of the Law on Tax Administration
+ Article 73 stipulates organizations and individuals relevant to tax administration of e-commerce, digital platform-based business and other services provided by overseas suppliers without permanent establishments in Vietnam;
+ In Clause 1, Article 76 provides for direct tax registration of overseas suppliers;
+ In Clause 1, Article 77 provides guidance on direct tax declaration and calculation of overseas suppliers;
+ In Article 78 provides for direct tax payment of overseas suppliers;;
+ In Article 79 provides for authorization to perform tax registration, tax declaration and tax payment in Vietnam by overseas suppliers;
+ In Clause 1, Article 81 stipulates the responsibilities of organizations and individuals in Vietnam in case of purchasing goods and services from overseas suppliers:
“1. In case an organizations that is established and operating under Vietnam’s law, an organization that is registered under Vietnam’s law purchases goods or services from an overseas supplier or distributes goods or services on behalf of an overseas supplier that does not apply for taxpayer registration, declare and pay tax in Vietnam in accordance with Article 76, Article 77, Article 78, Article 79 of this Circular, the buyer of distributor shall declare, deduct and pay tax on behalf of the overseas supplier in accordance with Circular No. 103/2014/TT-BTC dated August 06, 2014 of the Ministry of Finance…”
– Pursuant to Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of the Law on Value-Added Tax and Decree No. 209/2013/ND-CP dated December 18, 2013 of the Government detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax:
+ In Clause 1, Article 14 stipulates the input value-added tax deduction principle:
“1. Input VAT on goods and services serving the manufacture or sale of goods/services subject to VAT shall be deducted in full, including non-refundable input VAT on damaged goods…”
+ In Article 15 stipulates conditions for deduction of input value-added tax (amended and supplemented in Clause 10, Article 1 of Circular No. 26/2015/TT-BTC, Article 1 of Circular No. 173/2016/TT-BTC):
“1. Legitimate VAT invoices for purchases or receipts for payment of VAT on imported goods, or receipts for payment of VAT on behalf of foreign organizations that do not have Vietnamese legal status and the organizations and individuals, and the foreigners that do business or earn income in Vietnam.
2. Receipts for non-cash payments for the purchases (including imported goods) that cost 20 million VND or more inclusive of VAT, except for the purchases that cost below 20 million VND inclusive of VAT and if the business establishments import goods as gifts of organizations and individuals abroad.
Receipts for non-cash payments include bank transfer receipts and other receipts for non-cash payments prescribed in Clause 3 and Clause 4 of this Article.
3. Bank transfer receipts are the documents proving the transfer of money from the buyer’s account to the seller’s account (theses accounts must be registered or notified to tax authorities)opened at providers of payment services in legitimate forms such as checks, payment order, collection order, banking card, credit card, SIM card (digital wallet), and other methods of payment (even when the buyer transfer money from the buyer’s account to the seller’s account held by an owner of a private company, or when the buyer transfer money from the buyer’s account held by an owner of a private company to the seller’s account if such account has been registered with the tax authority).
Based on the above provisions, enterprises refer to the following principles:
– If Google / Facebook / Youtube… – the overseas supplier has registered tax, declared tax, and paid tax directly in Vietnam according to the provisions of Articles 76, Article 77, Article 78, Article 79 of the Circular 80/2021/TT-BTC, organizations purchasing services from overseas suppliers (Vietnam-based companies) are not required to declare, withhold and pay tax on behalf of overseas suppliers.
– In principle, input VAT on goods and services used for the production and trading of VAT-liable goods and services is fully deductible if the conditions for VAT deduction are satisfied as prescribed in Article 15 of Circular No. 219/2013/TT-BTC amended and supplemented in Clause 10, Article 1 of Circular No. 26/2015/TT-BTC, Article 1 of Circular No. 173/2016/TT-BTC.