Decree No. 12/2015/ND-CP provides detailed regulations for the implementation of laws and decrees related to corporate income tax, personal income tax, and value-added tax. It amends and supplements certain provisions of existing decrees to adjust the methods of calculating taxes, tax incentives for businesses and individuals, as well as regulations on value-added tax deductions.

 DECREE

Detailed Implementation Regulations for the Law Amending and Supplementing Certain Provisions of Tax Laws and Amending and Supplementing Certain Provisions of Tax Decrees

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On the basis of Law on Government Organization dated December 25, 2001;

On the basis of The Law on Tax Administration dated November 29, 2006 and The Law Amending and Supplementing Certain Provisions of the Law on Tax Administration dated November 20, 2012;

On the basis of The Law on Personal Income Tax dated November 21, 2007 and The Law Amending and Supplementing Certain Provisions of the Law on Personal Income Tax dated November 22, 2012;

On the basis of The Law on Value Added Tax dated June 3, 2008 and The Law Amending and Supplementing Certain Provisions of the Law on Value Added Tax dated June 19, 2013;

On the basis of The Law on Corporate Income Tax dated June 3, 2008 and The Law Amending and Supplementing Certain Provisions of the Law on Corporate Income Tax dated June 19, 2013;

On the basis of The Law on Resource Tax dated November 25, 2009;

On the basis of The Law Amending and Supplementing Certain Provisions of Tax Laws dated November 26, 2014;

At the proposal of the Minister of Finance,

The Government issues this Decree to provide detailed regulations for implementation The Law Amending and Supplementing Certain Provisions of Tax Laws and Amending and Supplementing Certain Provisions of Tax Decrees.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No. 218/2013/NĐ-CP December 26, 2013 detailing and guiding the implementation of certain provisions of The Law on Corporate Income Tax, Article 1 of Decree No. 91/2014/NĐ-CP October 1, 2014 amending and supplementing certain provisions of Decrees regulating taxes as follows:

1. Amend and supplement Clause 3 of Article 3 as follows:

"3. Income subject to tax arising in Vietnam from foreign enterprises as stipulated in Points c and d of Clause 2 of Article 2 of the Law on Corporate Income Tax shall be income received from sources in Vietnam from activities such as providing services, supplying and distributing goods, lending capital, royalties to Vietnamese organizations and individuals or to foreign organizations and individuals operating in Vietnam, or from transferring equity, investment projects, rights to contribute capital, rights to participate in investment projects, rights to explore, extract, process mineral resources in Vietnam, regardless of the location where business operations take place.

Income subject to tax as provided in this clause does not include income from services performed outside the territory of Vietnam such as: repairing transportation means, machinery, equipment abroad; advertising, marketing, investment promotion, and trade promotion abroad; brokerage of goods sales, brokerage of service sales abroad; training abroad; sharing international postal and telecommunications service fees with foreign parties.

The Ministry of Finance shall provide specific guidance on income subject to tax as provided in this clause."

2. Amend and supplement Clause 1 of Article 4 as follows:

"1. Income from crop cultivation, animal husbandry, aquaculture, processing agricultural and aquatic products, salt production of cooperatives; income of cooperatives operating in agriculture, forestry, fisheries, salt industry in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions; income of enterprises from crop cultivation, animal husbandry, aquaculture, processing agricultural and aquatic products in areas with extremely difficult socio-economic conditions; income from marine fishing activities.

Cooperatives operating in agriculture, forestry, fisheries, salt industry as provided in this clause and Clause 2 of Article 15 of this Decree are cooperatives that meet the ratio of supplying products and services to members who are individuals, households, legal entities engaged in agricultural production according to the Law on Cooperatives and related guiding documents.

Income from processing agricultural and aquatic products eligible for tax incentives under this Decree must satisfy the following conditions simultaneously:

- The proportion of raw material value of agricultural and aquatic products in production costs of goods and products must be 30% or more.

- Products and goods from processing agricultural and aquatic products must not fall within the scope of special consumption tax, except in cases decided by the Prime Minister upon the proposal of the Ministry of Finance."

3. Add Clause 9 to Article 4 as follows:

"9. Income from performing state-assigned tasks of the Vietnam Development Bank in credit investment development and export credit activities; income from credit activities for the poor and other policy targets of the Social Policy Bank; income of the Limited Liability Company managing assets of Vietnamese credit institutions; income from activities generating revenue from performing state-assigned tasks of state financial funds: the Vietnam Social Security Fund, deposit insurance organization, Health Insurance Fund, vocational training support fund, overseas job placement support fund under the Ministry of Labor, Invalids and Social Affairs, farmer support fund, legal aid support fund, public telecommunications fund, local development investment fund, environmental protection fund, small and medium enterprise credit guarantee fund, cooperative development support fund, poor women support fund, overseas citizen protection and legal entity fund, housing development fund, small and medium enterprise development fund, national science and technology development fund, national technological innovation fund, science and technology development fund of ministries, sectors, and localities established in accordance with the Science and Technology Law, poverty alleviation self-employment loan fund, income from performing state-assigned tasks of land development fund and other state funds operating without profit-making objectives as prescribed or decided by the Government, Prime Minister and operating in accordance with the law."

4. Add Clause 12 to Article 4 as follows:

"12. Income of notary offices during the pilot period as prescribed by law."

5. Add Point a of Clause 1 of Article 9 as follows:

"a) Actual expenses incurred in connection with the production and business activities of enterprises, including the following expenses:

- Expenses for implementing national defense and security education tasks, training, activities of civilian self-defense forces, and other national defense and security tasks as prescribed by law; expenses supporting the activities of party organizations and political-social organizations in enterprises;"

- Expenditures for vocational education and occupational training activities for workers in accordance with the provisions of the law;

- Actual expenditures for workplace HIV/AIDS prevention and control activities of enterprises, including: Training costs for enterprise staff on HIV/AIDS prevention and control, organizing communication costs for enterprise employees on HIV/AIDS prevention and control, fees for HIV counseling, testing, and screening services, support costs for HIV-infected employees of the enterprise.

6. Amend and supplement Point e Clause 2 Article 9 as follows:

“e) Interest payments corresponding to the portion of the registered capital still lacking, according to the capital contribution schedule recorded in the enterprise's charter; interest on loans during the investment period that has been recorded in the investment value; interest on loans for implementing exploration and exploitation oil and gas contracts.

In cases where the enterprise has fully contributed the registered capital, and during the business process, there are interest payments made for investing in other enterprises, such payments shall be included in deductible expenses when determining taxable income.”

7. Amend Point o Clause 2 Article 9 as follows:

“o) The portion of expenditures exceeding VND 1 million per month per person for voluntary pension fund contributions and purchasing voluntary pension insurance for employees; the portion exceeding the legal limits set forth in laws on social insurance and health insurance for contributions to social welfare funds (supplementary pension insurance, health insurance fund, unemployment insurance fund) for employees;

The portion of expenditures for voluntary pension fund contributions, social welfare funds, and voluntary pension insurance for employees must be clearly specified in one of the following documents: Labor contracts; Collective labor agreements; Financial regulations of Companies, Groups, Corporations; Reward regulations stipulated by the Chairman of the Board of Directors, General Director, or Director in accordance with the financial regulations of the Company or Group.”

8. Amend and supplement Clause 1 Article 11 as follows:

“1. The corporate income tax payable in the tax period equals the taxable income multiplied by the tax rate.

For Vietnamese enterprises investing abroad, if they repatriate post-tax profits from foreign countries back to Vietnam, then for countries that have signed Double Taxation Avoidance Agreements, the provisions of the Agreement shall apply; for countries that have not signed such Agreements, if the corporate income tax rate in the country where the enterprise invests is lower than the corporate income tax rate under the Vietnamese Corporate Income Tax Law, then the difference shall be collected.”

9. Amend and supplement Point đ Clause 1 Article 15 as follows:

“đ) Income of enterprises from new investment projects in production sectors (excluding projects producing goods subject to special consumption taxes and mineral extraction projects) meeting one of the following criteria:

- Projects with a minimum investment capital of VND 6 trillion, implemented within no more than three years from the date of initial permission to invest according to the law on investment, and achieving a minimum annual turnover of VND 10 trillion within no more than three years from the year of first revenue.

- Projects with a minimum investment capital of VND 6 trillion, implemented within no more than three years from the date of initial permission to invest according to the law on investment, and employing at least 3,000 regular workers within no more than three years from the year of first revenue.

The number of regular workers employed is determined in accordance with the law on labor.”

10. Supplement Point e Clause 1 Article 15 as follows:

“e) Income of enterprises from investment projects in production sectors (excluding projects producing goods subject to special consumption taxes and mineral extraction projects) with a minimum investment capital of VND 12 trillion, using technology that must be appraised according to the High Technology Law and the Science and Technology Law, implemented within no more than five years from the date of permission to invest according to the law on investment.”

11. Supplement Point g Clause 1 Article 15 as follows:

“g) Income of enterprises from new investment projects producing products listed in the Priority Development List of Industrial Supporting Products meeting one of the following criteria:

- Industrial supporting products for high-tech industries as defined by the High Technology Law;

- Industrial supporting products for textile and garment, leather and footwear, electronics and information technology, automobile assembly, and mechanical manufacturing industries, which were not produced domestically or did not meet EU technical standards as of January 1, 2015.

The list of priority development industrial supporting products eligible for tax incentives under this Clause shall be implemented according to the Government's regulations.”

12. Amend and supplement Point a Clause 2 Article 15 as follows:

“a) Income of enterprises from socialized activities in education and training, vocational training, healthcare, culture, sports, environment, and judicial appraisal.

The list of types of enterprises and criteria for scale and standards for socialized activities under this Clause shall be prescribed by the Prime Minister;”

13. Amend and supplement Point đ Clause 2 Article 15 as follows:

“đ) Income of enterprises from: Planting, caring for, and protecting forests; income from farming, livestock breeding, aquaculture, processing agricultural and aquatic products in areas with difficult socio-economic conditions; planting and processing forest products in areas with difficult socio-economic conditions; production, propagation, and hybridization of crop and animal breeds; production, mining, and refining salt, excluding salt production as provided for in Clause 1, Article 4 of this Decree; investment in post-harvest agricultural product preservation, including direct preservation or rental preservation of agricultural, aquatic, and food products;”

14. Supplement Clause 3a Article 15 as follows:

"3a. Apply a tax rate of 15% to the income of enterprises engaged in crop cultivation, animal husbandry, and processing in the agricultural and fisheries sectors located in areas not classified as difficult socio-economic conditions or particularly difficult socio-economic conditions."

15. Supplement Clause 5a of Article 15 as follows:

"5a. Projects specified in Point e, Clause 1 of this Article may be extended for up to 15 years to apply preferential tax rates if they meet one of the following criteria:

- Producing goods with global competitiveness, achieving annual revenue of over 20,000 billion VND within five years from the start of project investment revenue;

- Regularly employing more than 6,000 workers as defined by labor laws;

- Investment projects in economic technical infrastructure, including: investment in developing water treatment plants, power plants, water supply and drainage systems, bridges, roads, railways, airports, seaports, river ports, airfields, new energy, clean energy, energy-saving industries, oil refining projects."

The Prime Minister decides to extend the application period of preferential tax rates stipulated in this point based on the proposal of the Minister of Finance.

16. Amend and supplement Point a of Clause 1 of Article 16 as follows:

"a) Income of enterprises specified in Clause 1 of Article 15 of this Decree."

17. Supplement Point đ of Clause 2 of Article 19 as follows:

"đ) Income of enterprises from investment projects in the trading and service sectors outside economic zones, high-tech industrial parks, industrial parks, and tax-favored areas that do not apply corporate income tax preferences as stipulated in Clause 1, Clause 4 of Article 4 and Articles 15, 16 of this Decree."

18. Amend and supplement Clause 5 of Article 19 as follows:

"5. New investment projects (including notarization offices established in areas with difficult socio-economic conditions or particularly difficult socio-economic conditions) eligible for tax incentives under Clause 1, Clause 3 of Article 15 and Clauses 1, 2, and 3 of Article 16 of this Decree are projects implemented for the first time or independent investment projects from ongoing projects, except for the following cases:

a) Investment projects formed through division, separation, merger, consolidation, or conversion of business forms as prescribed by law, except for cases stipulated in Clause 6 of Article 19 of this Decree.

b) Investment projects formed through transfer of ownership (including cases where new investment projects are carried out but continue to operate production and business activities by inheriting assets, business locations, and business fields of existing enterprises).

New investment projects eligible for tax incentives under Articles 15 and 16 of this Decree must obtain an Investment License or Investment Certificate or permission to invest according to the laws on investment."

19. Supplement Clause 6 to Article 19 as follows:

"6. Enterprises operating in socialized sectors established through conversion of business types as prescribed by law and meeting the criteria for socialized facilities as decided by the Prime Minister shall enjoy tax incentives as new investment projects from the date of conversion if such enterprises had not previously enjoyed corporate income tax incentives under the relevant tax incentive sectors."

20. Amend and supplement Clause 2 of Article 20 as follows:

"2. Enterprises with investment projects enjoying corporate income tax incentives according to the Corporate Income Tax Law at the time of issuance of investment permits or investment certificates as prescribed by the laws on investment. In cases where the Corporate Income Tax Law changes and the enterprise meets the conditions for tax incentives under the newly amended and supplemented laws, the enterprise has the right to choose to enjoy tax incentives regarding tax rates and exemption or reduction periods according to the laws at the time of investment permit or according to the newly amended and supplemented laws for the remaining period starting from when the amended and supplemented Corporate Income Tax Law takes effect.

a) Enterprises with investment projects that, as of the end of the 2013 tax year, are still within the period of enjoying corporate income tax incentives, including projects that have been issued Investment Licenses, Investment Certificates, or Business Registration Certificates (for domestic investment projects tied to the establishment of new enterprises with investment capital under 15 billion VND and not included in the list of conditional investment sectors) but have not yet enjoyed incentives according to the tax laws before the effective date of this Decree, shall enjoy the remaining incentives according to those laws. If currently enjoying incentives for expansion investments, they will continue to enjoy incentives for expansion investments; if currently enjoying incentives for new investments, they will continue to enjoy incentives for new investments; if the incentives under this Decree are higher than the current incentives (including cases where they should have enjoyed but did not), they can switch to applying the incentives under this Decree for the remaining period.

b) Enterprises with expansion investment projects that have been authorized by competent authorities to invest or have invested during the period 2009-2013, and which meet the conditions for tax incentives according to Law No. 32/2013/QH13 as of the end of the 2014 tax year, shall enjoy tax incentives for expansion investments according to this Decree for the remaining period starting from the 2015 tax year.

c) Enterprises implementing investment projects in industrial parks during the period 2009-2013 shall enjoy tax incentives according to Law No. 32/2013/QH13 for the remaining period starting from the 2015 tax year.

d) Enterprises with investment projects in areas that were not tax-favored areas (industrial parks, economic zones, high-tech industrial parks, and other tax-favored areas) before January 1, 2015, but now fall under tax-favored areas as stipulated in this Decree, shall enjoy tax incentives for the remaining period starting from the 2015 tax year.

đ) Enterprises with investment projects in areas converted into tax-favored areas after January 1, 2015, shall enjoy tax incentives for the remaining period starting from the date of conversion."

e) As of the end of the tax period in 2015, for enterprises with investment projects currently applying a preferential tax rate of 20% as stipulated in Clause 3, Article 15 of this Decree, from January 1, 2016, they shall be transferred to apply a tax rate of 17% for the remaining time.

The Ministry of Finance shall provide guidance on determining the remaining time to enjoy tax incentives from the date when the provisions on tax incentives in foreign investment laws in Vietnam, domestic investment encouragement laws, and corporate income tax laws issued before the effective date of this Decree are implemented.

Article 2. Amend and supplement some articles of Decree No. 65/2013/NĐ-CP June 27, 2013 detailing certain provisions of Law on Personal Income Tax and Law amending and supplementing certain provisions of the Law on Personal Income Tax, Article 3 of Decree No. 91/2014/NĐ-CP October 1, 2014 amending and supplementing certain provisions of Decrees regulating taxes as follows:

1. Amend and supplement Clause 1 of Article 3 as follows:

“1. Business income, including:

a) Income from production and business activities of goods and services in accordance with the law. Notwithstanding, income from agricultural production, forestry, salt-making, aquaculture, and fishing activities only applies to cases that do not meet the conditions for exemption from tax as stipulated in Clause 5, Article 4 of this Decree.

b) Income from independent professions of individuals holding a license or certificate in accordance with the law.

Business income specified in this Clause does not include income of individuals engaged in business with annual turnover of up to 100 million VND.”

2. Amend Point d of Clause 2 of Article 3 as follows:

“d) Benefits in cash or non-cash other than salary and wages paid by the employer under all forms:

- Housing allowance, electricity, water, and related services (if any), excluding housing allowances, electricity, water, and related services (if any) provided by the employer for workers working in industrial zones or housing built by the employer in economic zones, areas with difficult socio-economic conditions, or particularly difficult socio-economic conditions.

- Amounts paid by the employer for purchasing life insurance, non-mandatory insurance with accumulated premiums, voluntary retirement insurance, or contributions to voluntary retirement funds for employees.

- Membership fees and other service charges for personal use, such as health care, entertainment, sports, beauty treatments.

- Other benefits as prescribed by law.”

3. Amend and supplement Point b of Clause 2 of Article 3 as follows:

“b) Allowances and subsidies, except for the following allowances and subsidies:

- Monthly and one-time allowances and subsidies according to the law on preferential treatment for persons with meritorious service;

- Monthly and one-time allowances for those who participated in resistance wars, national defense, international missions, and volunteer youth;

- Defense and security allowances, allowances for armed forces;

- Hazardous and dangerous work allowances for industries, occupations, or jobs at workplaces with hazardous factors;

- Recruitment and regional allowances;

- One-time hardship allowances, occupational injury allowances, allowances for childbirth or adoption, allowances for reduced labor capacity, one-time retirement allowances, monthly pensions, termination allowances, unemployment allowances, and other allowances as prescribed by the Labor Code and the Social Insurance Law;

- Allowances for social welfare beneficiaries as prescribed by law;

- Service allowances for high-level leaders;

- One-time allowances for individuals transferring to regions with particularly difficult socio-economic conditions, one-time support for civil servants engaged in maritime sovereignty work as prescribed by law. One-time relocation allowances for foreigners residing in Vietnam, Vietnamese working abroad, and Vietnamese residing long-term abroad returning to work in Vietnam;

- Allowances for village health staff;

- Special allowances for specific occupations.

Allowances and subsidies not included in taxable income as stipulated in this Point must be prescribed by competent state agencies.”

4. Amend and supplement Clause 3 of Article 3 as follows:

“3. Income from capital investment, including:

a) Interest from loans;

b) Dividend income;

c) Income from capital investments in other forms, including investment by means of tangible assets, reputation, land use rights, inventions, and patents; except income received from government bond interest, income after corporate income tax paid by private enterprises and single-member limited liability companies owned by individuals.”

5. Amend Point c of Clause 6 of Article 3 as follows:

“c) Winnings from gambling.”

6. Supplement Clause 15 and Clause 16 to Article 4 as follows:

“15. Salary and wage income of Vietnamese seafarers earned from working for foreign shipping companies or Vietnamese shipping companies operating internationally;

16. Income of individuals who are ship owners, individuals with the right to use ships, and individuals working on ships obtained from direct supply of goods and services serving offshore fishing operations.”

7. Amend and supplement Article 6 as follows:

“Article 6. Tax on business income

1. Individuals engaged in business shall pay personal income tax at a percentage rate corresponding to each field or industry of production and business. Individuals conducting business in multiple fields or industries shall declare and calculate taxes according to the applicable tax rates for each respective field or industry. In cases where individuals fail to declare or declare inaccurately with respect to their actual business operations, the tax authority shall determine the tax payable in accordance with the provisions of the law on tax administration.

2. The taxable revenue from business activities includes all proceeds from sales, processing fees, commissions, supply of goods and services generated during the tax period, subject to specific provisions as follows:

a) For goods sold under installment payment terms, the taxable revenue is determined based on the price of goods paid in full without including late interest.

b) For goods and services exchanged or given as gifts, the taxable revenue is determined based on the selling price of similar products, goods, or services at the time of exchange or gift-giving.

c) For processing activities, the taxable revenue includes all income from such activities, including labor costs, fuel, power, auxiliary materials, and other expenses incurred for processing.

d) For leasing activities, the taxable revenue is the amount paid periodically by the lessee according to the lease agreement. If the lessee pays rent in advance for several years, the taxable revenue for calculating taxable income is determined based on a lump-sum payment.

đ) For other cases, the taxable revenue is determined in accordance with the guidelines issued by the Ministry of Finance.

3. Determination of taxable revenue from business activities:

a) For individual businesses, the taxable revenue is set at a fixed level for one year. Where evidence obtained through investigation, verification, inspection, or audit indicates that the taxable revenue has changed by 50% or more compared to the fixed revenue level, the tax authority shall re-determine the fixed revenue level in accordance with the law on tax administration for the remainder of the tax year.

b) The taxable revenue for individual businesses is determined based on the provisions of the law on tax administration, using data from surveys, inspections, audits, and actual expense items incurred by individual businesses to generate revenue.

The Ministry of Finance shall establish a risk management database for individual businesses that is consistent with practical needs and meets regulatory requirements.

4. The tax rate for business income varies by field or industry of production and business as follows:

a) Distribution and supply of goods: 0.5%.

b) Services and construction not including raw materials: 2%.

Specifically, for leasing activities, insurance agency, lottery agency, and multi-level marketing: 5%.

c) Production, transportation, and services involving goods, and construction including raw materials: 1.5%.

d) Other business activities: 1%.

5. Individuals operating businesses regularly employing ten or more workers must establish a business entity in accordance with the Law on Enterprises, implement accounting records and invoices in compliance with the law on accounting, and declare and pay taxes in accordance with the law on corporate income tax. If they have not established a business entity, the tax authority shall determine the tax payable in accordance with the law on tax administration.

8. Amend and supplement Article 11 as follows

“Article 11. Tax on income from salaries and wages

1. Taxable income from salaries and wages shall be determined in accordance with the provisions of Clause 2, Article 3 of this Decree.

2. The time for determining taxable income from salaries and wages is the time when the employer pays salaries and wages to the taxpayer or the time when the taxpayer receives such income.

In cases where the employer purchases life insurance (excluding voluntary pension insurance) or other non-mandatory insurance with accumulated premiums from an insurance company established and operating in accordance with Vietnamese law for employees, the employees do not need to include such income in taxable income at the time of purchasing insurance. At the maturity date of the contract, the insurance company is responsible for withholding tax at a rate of 10% on the accumulated premium amount corresponding to the portion purchased by the employer for the employee from July 1, 2013.

In cases where the employer purchases life insurance (excluding voluntary pension insurance) or other non-mandatory insurance with accumulated premiums from an insurance company that is not established and operating under Vietnamese law but is permitted to sell insurance in Vietnam, the employer is responsible for withholding tax at a rate of 10% on the amount of insurance premiums paid or contributed before paying income to the employee.

3. Taxable income from salaries and wages is determined by subtracting (-) the following deductible amounts from the taxable income:

a) Contributions to social insurance, health insurance, unemployment insurance, occupational liability insurance for certain industries and professions required to participate in mandatory insurance, Voluntary Pension Fund, voluntary pension insurance.

The contribution level to the Voluntary Pension Fund and voluntary pension insurance can be deducted from income when determining taxable income under this Clause, not exceeding VND 1 million/month, including both the amount contributed by the employer for the employee and the amount contributed by the employee (if any).

In cases where a resident individual works abroad and earns income from business, salaries, and wages abroad, and participates in mandatory insurance contributions according to the regulations of the country where the individual makes such insurance contributions, such as social insurance, health insurance, unemployment insurance, occupational liability insurance for certain industries and professions required to participate in mandatory insurance, these insurance fees can be deducted from taxable income when determining taxable income from business, salaries, and wages.

b) Personal deductions as prescribed in Article 12 of this Decree;

c) Contributions to charitable funds, humanitarian funds, educational funds as prescribed in Article 13 of this Decree.”

9. Amend and supplement Article 16 as follows:

“Article 16. Taxable income from the transfer of securities

1. Taxable income from the transfer of securities is determined as the transaction price each time.

2. The selling price of securities is determined as follows:

a) For securities of public companies traded on the Stock Exchange, it is the transaction price at the Stock Exchange;

b) For securities not covered by the case prescribed in Point a of this Clause, it is the price stated in the transfer contract or the actual transfer price or the price recorded in the accounting books of the entity holding the transferred securities at the latest financial reporting period as prescribed by accounting laws prior to the transfer.”

10. Amend and supplement Clause 2 of Article 17 as follows:

“2. The tax rate on income from the transfer of securities is 0.1% on the selling price of securities each time.”

11. Amend and supplement Article 18 as follows:

“Article 18. Taxable income from the transfer of real estate

1. Taxable income is determined as the transfer price each time.

2. The transfer price of real estate is the price recorded on the transfer contract at the time of transfer.

a) In cases where the transfer contract does not record the land price or the land price on the transfer contract is lower than the price prescribed by the People's Committee of the province, then the transfer price of the land is the price prescribed by the People's Committee of the province at the time of transfer according to the laws on land.

b) In cases of transferring houses attached to land, the value of the house, infrastructure, and architectural works attached to the land shall be determined based on the stamp duty valuation price of the house prescribed by the People's Committee of the province. In cases where the People's Committee of the province has no provision on the stamp duty valuation price of the house, it shall be based on the classification of houses, standards, and construction norms issued by the Ministry of Construction, and the actual remaining value of the works on the land.

For construction projects formed in the future, the transfer price shall be determined based on the proportion of capital contribution to the total contract value multiplied (x) by the stamp duty valuation price of the construction project prescribed by the People's Committee of the province. In cases where the People's Committee of the province has not yet prescribed unit prices, the investment cost per unit of construction projects announced and applied by the Ministry of Construction at the time of transfer shall be applied.

c) In cases of subleasing where the rental price on the sublease contract is lower than the price prescribed by the People's Committee of the province at the time of subleasing, the sublease price shall be determined based on the price list prescribed by the People's Committee of the province.

3. The tax calculation time from the transfer of real estate is determined as follows:

a) In cases where the transfer contract does not agree that the buyer will pay taxes on behalf of the seller, the tax calculation time is the time when the transfer contract becomes effective according to the law;

b) In cases where the transfer contract agrees that the buyer will pay taxes on behalf of the seller, the tax calculation time is the time when the procedures for registering ownership and usage rights of the real estate are completed.

12. Sửa đổi, bổ sung Điều 22 như sau:

“Article 22. Tax Rate

The tax rate for income from the transfer of real estate is 2% on the transfer price.

13. Amend and supplement Point d Clause 2 Article 23 as follows:

"d) For other assets: Based on the stamp duty valuation price of such asset or similar assets (if available). In cases where individuals inherit or receive gifts as imported assets and must pay related import taxes, the asset value for calculating tax is the stamp duty valuation price at the time of registration of ownership minus the import taxes already paid."

14. Amend and supplement Article 26 as follows:

"Article 26. Taxable income from winning prizes and the time of determining taxable income point to determine taxable income

Taxable income from winning prizes and the time of determining taxable income from winning prizes shall be governed by Article 15 of the Personal Income Tax Law. The awarding organization is responsible for withholding personal income tax from the winner before paying the prize to the individual winner."

15. Amend and supplement Clause 5 Article 30 as follows:

"5. Declaration and settlement of annual tax

Organizations and individuals paying income; resident individuals with income from salaries and wages have the responsibility to declare and settle annual tax, except for the following cases:

a) Individuals whose tax payable is less than the tax temporarily paid quarterly and who do not request a refund or offset against the next period;

b) Individuals who have additional occasional income outside regular income from salaries and wages, if this occasional income averages no more than 10 million VND per month throughout the year and has been withheld at source by the employer, and if they do not have a need to settle tax;

c) The portion of income of individuals obtained from employers purchasing life insurance, non-mandatory insurance with accumulation of premiums, where the employer or insurance company has withheld personal income tax at a rate of 10% on the corresponding premium amount according to the provisions of Article 11 of this Decree."

16. Amend and supplement Article 31 as follows:

"Article 31. Responsibilities for withholding tax, declaring tax, and disclosing information of organizations paying income, organizations where individuals transfer capital, organizations holding securities, issuing securities, and Vietnamese organizations signing contracts to purchase services from foreign contractors not operating in Vietnam

1. Organizations and individuals have the responsibility to withhold tax when paying income to individuals as follows:

a) For income from salaries and wages of individuals who sign labor contracts for three months or longer: Each month, the organization or individual paying income shall withhold tax for each individual based on the monthly taxable income and the progressive tax table; temporarily deducting personal exemptions according to the declaration of the taxpayer to calculate the tax payable in the month, implementing the withholding of tax and not being held responsible under the law for the temporary deduction of personal exemptions. The organization or individual paying income shall declare and pay tax to the state budget according to the provisions of Clause 1 and Clause 2 of Article 30 of this Decree and according to the regulations on tax management.

b) For other payments such as fees, commissions, etc., to individuals who do not sign labor contracts or sign labor contracts for less than three months: The organization or individual paying income shall temporarily withhold tax at a rate of 10% on the amount paid to the individual. Individuals receiving income subject to temporary withholding tax under this clause do not need to declare tax monthly.

The Ministry of Finance shall specify the level of income serving as the basis for temporarily withholding tax at the rate specified in this clause.

c) Insurance companies or employers before paying insurance money or income to individuals shall be responsible for withholding personal income tax according to the provisions of Article 11 of this Decree in cases where employers purchase life insurance, non-mandatory insurance with accumulation of premiums for individuals.

d) Lottery companies, insurance enterprises, multi-level marketing enterprises that pay income to individuals acting as lottery agents, insurance agents, or multi-level marketing agents with commission amounts exceeding VND 100 million/year shall be responsible for withholding personal income tax before paying such income to the individual.

đ) Enterprises and economic organizations renting houses or assets from individuals where the total business revenue of the individual from such rental activities exceeds VND 100 million/year, if the lease agreement stipulates that the tenant is the taxpayer, then the enterprise or economic organization shall be responsible for withholding 5% tax on the rental payment before making the payment to the individual and remitting the tax to the state budget.

2. Securities companies, commercial banks where individuals deposit securities, fund management companies shall be responsible for withholding tax on the transfer of securities at a rate of 0.1% on the selling price of each transaction.

3. The enterprise where the individual has transferred capital shares shall be responsible for requiring the individual to provide proof of having fulfilled their tax obligations on the transferred capital shares before processing the change in the list of shareholders or the shareholder register. In cases where the enterprise processes the change in the list of shareholders or the shareholder register in the event of a capital transfer without proof that the individual transferring the capital shares has fulfilled their tax obligations, the enterprise where the individual transferred the capital shares shall be responsible for paying the tax on behalf of these individuals.

4. Organizations established and operating under Vietnamese law (hereinafter referred to as the Vietnamese party) that enter into contracts to purchase services from foreign contractors who have signed labor contracts with foreign workers working in Vietnam shall be responsible for informing the foreign contractor about the obligation to pay personal income tax for foreign workers and about the responsibility to provide information about foreign workers, including: List, nationality, passport number, working period, job position, income provided to the Vietnamese party so that the Vietnamese party can provide this information to the tax authority no later than seven days from the date the foreign individual starts working in Vietnam."

1. Supplement Clause 1b and 1c to Article 3 as follows:

“1b. Fertilizers; feed for livestock, poultry, aquatic animals, and other animal feeds, including processed or unprocessed products such as bran, oil cakes, various types of fish meal, bone meal, shrimp meal, other feeds for livestock, poultry, aquatic animals, and other animals, feed additives (such as premixes, active ingredients, and carriers).

The Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to guide the types of feed for livestock, poultry, aquatic animals, and other animals, and feed additives that are exempt from value added tax as prescribed in this Clause.

1c. Offshore fishing vessels; machinery and equipment specifically used for agricultural production including: Plows; harrows; grinders; furrowers; root pullers; land leveling equipment; seed drills; rice transplanters; sugarcane planting systems; soil turning machines, ridging machines, seeding machines, fertilizer spreaders, fertilizers; plant protection chemical sprayers; rice, corn, sugarcane, coffee, cotton harvesters; root, fruit, and tuber harvesters; tea cutting and harvesting machines; rice threshing and dehusking machines; corn shelling machines; corn decorticating machines; soybean crushing machines; peanut decorticating machines; coffee hulling machines; coffee and wet rice processing machines; agricultural product drying machines (rice, corn, coffee, pepper, cashew...), seafood; sugarcane, rice, straw collection and loading machines on fields; chicken egg incubation and hatching machines; grass harvesting machines, baling machines; milk extraction machines, and other specialized machines.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to guide other specialized machines used for agricultural production that are exempt from value added tax as prescribed in this Clause.”

2. Amend and supplement Point a Clause 2 Article 3 as follows:

"a) Credit services include the following forms:

- Lending;

- Discounting, rediscounting transferable instruments and other securities;

- Guarantee;

- Financial leasing;

- Issuing credit cards;

- Domestic factoring; international factoring;

- Selling collateral assets for loans, including cases where the borrower sells collateral assets according to the lender's authorization to repay the secured loan. If the owner of the collateral asset is unable to repay the debt and must hand over the asset to the credit institution to handle the collateral asset according to the law, no value added tax invoice needs to be issued;

- Providing credit information as prescribed by the Law on the State Bank;

- Other forms of credit services as prescribed by law.”

3. Supplement Point a Clause 3 Article 4 as follows:

“a) The specific regulations on the land price to be deducted for calculating value added tax are as follows:

- In cases where the State allocates land for infrastructure investment to build houses for sale, the land price to be deducted for calculating value added tax includes the land use fee payable to the state budget (excluding the land use fee exempted or reduced) and compensation costs for land clearance and resettlement as prescribed by law;

- In cases of auctioning land use rights, the land price to be deducted for calculating value added tax is the winning bid price;

- In cases of leasing land for infrastructure construction and building houses for sale, the land price to be deducted for calculating value added tax is the land lease fee payable to the state budget (excluding the land lease fee exempted or reduced) and compensation costs for land clearance and resettlement as prescribed by law;

- In the case where a business entity receives the transfer of land use rights from organizations or individuals, the land price to be deducted for calculating value-added tax (VAT) is the land price at the time of receiving the transfer of land use rights, including the value of infrastructure (if any). The business entity shall not declare and deduct input VAT on infrastructure included in the land use right value that is exempt from VAT. If the land price to be deducted does not include the value of infrastructure, the business entity may declare and deduct input VAT on infrastructure not included in the land use right value that is exempt from VAT. In cases where the land price at the time of receiving the transfer cannot be determined, the land price to be deducted for calculating VAT is the land price prescribed by the People's Committee of the province or centrally governed city at the time of signing the transfer contract.

In the case where a business entity receives capital contribution in the form of land use rights from organizations or individuals, the land price to be deducted for calculating VAT is the price recorded in the capital contribution contract. If the land transfer price is lower than the land price received as capital contribution, only the land price according to the transfer price can be deducted.

- In the case where a real estate business entity implements a build-transfer (BT) model paid with the value of land use rights, the land price to be deducted for calculating VAT is the price at the time of signing the BT contract as stipulated by law; if the price cannot be determined at the time of signing the BT contract, the land price to be deducted is the land price decided by the provincial People's Committee for payment of the project.

4. Supplement Point d Clause 1 Article 6 as follows:

“d) Cases not subject to a zero percent VAT rate include:

- Transfer of technology, transfer of intellectual property rights to foreign countries;

- Reinsurance services provided to foreign countries;

- Credit services provided to foreign countries;

- Capital transfer to foreign countries;

- Securities investment in foreign countries;

- Financial services arising therefrom;

- Postal and telecommunications services;

- Exported products being natural resources and minerals that have not been processed into other products as prescribed in Clause 11 Article 3 of this Decree;

- Goods and services supplied to individuals who have not registered for business in non-tariff zones;

- Cigarettes, alcohol, and beer imported and then exported.”

5. Amend Point b Clause 2 Article 6 as follows:

“b) Products specified in Point b Clause 2 Article 8 of the Law on Value-Added Tax include:

- Ores for fertilizer production are ores used as raw materials for fertilizer production;

- Pesticides include plant protection chemicals and other types of pesticides;

- Growth stimulants for livestock and crops.”

6. Amend and supplement Point b Clause 1 Article 9 as follows:

“b) Input VAT on goods and services (including fixed assets) used simultaneously for producing and trading taxable and non-taxable goods and services shall only be deductible for the portion of input VAT on goods and services used for producing and trading taxable goods and services. Business entities must separately account for deductible input VAT and non-deductible input VAT; in cases where separate accounting is not possible, the deductible input VAT shall be calculated based on the ratio between the revenue from taxable goods and services and the total revenue from sold goods and services.

The Ministry of Finance shall take the lead and coordinate with relevant ministries to guide the determination of total revenue from sold goods and services as the basis for determining the deduction ratio of VAT as stipulated in this Clause suitable for each field.

For production and business establishments organizing closed-loop production and centralized accounting using products exempt from VAT through various stages to produce taxable goods, the entire input VAT on these stages shall be fully deductible.

For production and business establishments with investment projects implemented in multiple phases, including newly established production and business establishments, organizing closed-loop production and centralized accounting and using products exempt from VAT to produce taxable goods but providing non-VAT-exempt goods and services during the basic construction phase, the entire input VAT on fixed assets formed during the investment phase shall be fully deductible. The deductible input VAT on goods and services not forming fixed assets shall be calculated based on the ratio between the taxable sales volume and the total sales volume of goods and services sold.

For production and business establishments with investment projects, including newly established production and business establishments investing in both non-VAT-exempt goods and services and VAT-exempt goods and services, the input VAT on fixed assets formed during the basic construction phase shall be temporarily deductible based on the ratio between the revenue from VAT-exempt goods and services and the total revenue from sold goods and services according to the production and business plan of the business entity. The temporarily deducted input VAT shall be adjusted based on the ratio between the revenue from VAT-exempt goods and services and the total revenue from sold goods and services over three years starting from the first year of revenue.

The Ministry of Finance shall guide the determination of the ratio between the revenue from VAT-exempt goods and services and the total revenue from sold goods and services and the temporary deduction and adjustment of input VAT as stipulated in this Point.”

7. Supplement Point i1 into Clause 1 Article 9 as follows:

"i1) Input VAT on goods, services, and fixed assets for production purposes: Fertilizers, specialized machinery and equipment for agricultural production, distant-water fishing vessels, livestock, poultry, aquatic animal feed, and other animal feed consumed domestically shall not be declared and deducted but included in deductible expenses when determining corporate income tax revenue, except for the input VAT on goods, services, and fixed assets purchased before January 1, 2015, which meet the conditions for deduction and refund as stipulated in Article 10 of this Decree."

8. Amend Point b Clause 2 Article 9 as follows:

“b) Have non-cash payment vouchers for goods and services purchased, imported, except where the total value of goods and services purchased, imported each time is less than VND 20 million.

For goods and services purchased on credit or installment payments with a value of VND 20 million or more, businesses base their declaration and deduction of input VAT on purchase contracts, VAT invoices, and non-cash payment vouchers for goods and services purchased on credit or installment payments. In cases where there are no non-cash payment vouchers due to the payment period not having arrived according to the contract, businesses may still declare and deduct input VAT.

Goods and services purchased through offsetting between the value of purchased goods and services and the value of sold goods and services are also considered non-cash payments; if the remaining value after offsetting is paid in cash and amounts to VND 20 million or more, only deductions can be made with non-cash payment vouchers.

In cases where goods and services from a single supplier amount to less than VND 20 million but multiple purchases are made on the same day totaling VND 20 million or more, deductions can only be made with non-cash payment vouchers.”

9. Amend and supplement Clause 2 Article 10 as follows:

“2. New businesses established from registered investment projects, registered to pay VAT under the deduction method, or exploration and development oil and gas field projects in the investment phase, not yet operational, if the investment period is one year or longer, shall be refunded VAT on goods and services used for investment annually. If the cumulative VAT on goods and services purchased for investment reaches VND 300 million or more, VAT refunds shall be granted.

Where the business's investment project has been subject to inspection, examination, or audit by authorized state agencies, the tax authority may use the results of such inspections, examinations, or audits to decide on VAT refunds and must bear responsibility for its decisions.”

10. Amend and supplement Clause 5 Article 10 as follows:

“5. Businesses paying VAT under the deduction method shall be refunded VAT when transferring ownership, converting enterprises, merging, consolidating, splitting, dissolving, going bankrupt, or ceasing operations with excess VAT paid or unclaimed input VAT.

Businesses in the investment phase that have not yet commenced production and business activities but must dissolve, go bankrupt, or cease operations without generating VAT output from main business activities according to the investment project shall not need to adjust previously declared, deducted, or refunded VAT. The declaration and payment of taxes in the case of transferring the investment project, selling assets of the investment project, or changing the purpose of production and business activities of the investment project shall be carried out in accordance with the guidance of the Ministry of Finance.”

Article 4. Amend and supplement some articles of Decree No. 50/2010/NĐ-CP dated May 14, 2010 detailing and guiding the implementation of certain provisions of the Law on Mineral Resources Tax as follows:

1. Amend and supplement Clause 8 of Article 2 as follows:

"Natural water includes surface water and groundwater, except for natural water used for agriculture, forestry, fisheries, salt production, and seawater used for cooling machines.

Seawater for cooling machines specified in this Clause must meet environmental requirements, efficiency standards for circulating water use, and specific economic and technical conditions.

The Ministry of Finance shall take the lead in coordinating with relevant ministries to guide the application of seawater for cooling machines as an object not subject to mineral resources tax under this Clause."

2. Amend and supplement Clause 9 of Article 2 as follows:

"9. Natural bird's nest, except for bird's nests obtained from organizations and individuals through investment in building houses to attract wild swiftlets for breeding and harvesting."

3. Amend the provision at Point c Clause 3 of Article 4 as follows:

"c) For natural resources extracted for export but not consumed domestically, the customs value of the exported natural resource, excluding export tax.

In cases where natural resources are both consumed domestically and exported:

- For the quantity of natural resources consumed domestically, it is the selling price per unit of extracted natural resources, excluding value-added tax.

- For the quantity of natural resources exported, it is the customs value of the exported natural resources, excluding export tax.

The customs value of exported natural resources shall be implemented according to the regulations on customs value for exported goods under the Law on Customs and guiding documents."

4. Amend and supplement Clause 4 of Article 4 as follows:

"4. The People's Committee of the province shall specify the detailed taxable value for natural resources extracted as stipulated in Clause 2 and Point b Clause 3 of this Article. In cases where natural resources are extracted but not sold directly but must go through production and processing before being sold (for domestic consumption or export), the taxable value for natural resources extracted shall be determined based on the customs value of the processed products for export or the selling price of the processed products minus export tax (if applicable) and related costs from the production and processing stage to the export stage or from the production and processing stage to the domestic market sales stage.

Based on the determined taxable value for natural resources, apply the quantity of natural resources taxed at the corresponding stage. The taxable value for natural resources extracted is determined at which stage, then the quantity of natural resources taxed applies at that stage."

5. Amend and supplement Clause 5 of Article 4 as follows:

"5. The Ministry of Finance shall have the responsibility:

a) Guide the determination of the taxable value for natural resources as stipulated in Points a and d Clause 3 of this Article and other specific cases;

b) Take the lead and coordinate with relevant agencies to set a framework for the taxable value for natural resources for groups and types of natural resources with similar physical and chemical properties;

c) Guide production and processing costs to be deducted for the People's Committee of the province to determine the taxable value for natural resources extracted as stipulated in Clause 4 of this Article;

d) Establish a database on the taxable value for natural resources to implement uniformly nationwide."

Article 5. Amending and supplementing some articles of Decree No. 83/2013/ND-CP dated July 22, 2013 detailing and guiding the implementation of certain provisions of the Law amending and supplementing some articles of the Tax Administration Law, dated July 22, 2013, detailing the implementation of certain Articles of Law on Personal Income Tax and the Law amending and supplementing some provisions of the Tax Administration Law, Article 4 of Decree No. 91/2014/ND-CP October 1, 2014 amending and supplementing certain provisions of Decrees regulating taxes as follows:

1. Supplement Clause 4 of Article 9 as follows:

"4. Based on actual circumstances and conditions of tax authorities, customs authorities, and other state management agencies, the Ministry of Finance shall provide specific guidance on the fact that taxpayers are not required to submit documents in tax declaration files, tax payment files, tax refund files, and other tax files that have already been obtained by state management agencies."

2. Amend and supplement Point a of Clause 2 of Article 11 as follows:

"a) The monthly, quarterly value-added tax declaration form is the Monthly, Quarterly Value-Added Tax Declaration Form."

3. Amend and supplement Point a of Clause 2 of Article 13 as follows:

"a) The monthly special consumption tax declaration form is the Monthly Special Consumption Tax Declaration Form."

4. Amend and supplement Point a of Clause 2 of Article 15 as follows:

"a) The monthly natural resources tax declaration form is the Monthly Natural Resources Tax Declaration Form."

5. Amend and supplement Clause 2 of Article 23 as follows:

"2. Individuals and households conducting business under the turnover tax method must declare and pay value-added tax, special consumption tax, natural resources tax, environmental protection tax, personal income tax, and environmental protection fees. In cases where individuals and households conducting business under the turnover tax method have revenue levels exempt from value-added tax and personal income tax according to the Value-Added Tax Law and the Personal Income Tax Law, they are not required to pay value-added tax and personal income tax."

6. Supplement Article 26a as follows:

“Article 26a. Currency for tax payment and determination of revenue, expenses, taxable value, and taxes paid to the state budget

1. Taxpayers must pay taxes and other payments to the state budget in Vietnamese Dong, except when permitted to pay taxes in foreign currency according to the law.

2. In cases where revenue, expenses, or taxable value are in foreign currency or where taxpayers are obligated to pay in foreign currency but are allowed to pay taxes in Vietnamese Dong according to the law, such amounts must be converted to Vietnamese Dong at the actual transaction exchange rate. The Ministry of Finance shall guide the conversion of foreign currency to Vietnamese Dong as stipulated in this Clause.

3. For exported and imported goods, the exchange rate for taxation shall be implemented according to the provisions of Clause 3 of Article 21 of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and providing measures to implement the Law on Customs regarding customs procedures, inspection, supervision, and control."

7. Supplement Article 28a as follows:

“Article 28a. Handling of late tax payment

If a taxpayer fails to pay taxes within the prescribed deadline, the extended payment deadline, the deadline specified in the tax administration agency's notification, or the deadline set forth in the tax administration agency's decision, they must pay the full amount of taxes and late payment interest at a rate of 0.05% per day based on the amount of taxes overdue. For taxes identified through audits, inspections, or self-discovered by taxpayers from January 1, 2015 onwards, the late payment interest shall be calculated at a rate of 0.05% per day based on the amount of taxes overdue.

In cases where taxpayers supply goods or services for which payment is made from state budget funds but have not yet received payment, leading to delayed tax payment and resulting in tax arrears, tax enforcement measures shall not be taken, and late payment interest shall not be imposed on the outstanding tax amount, but it shall not exceed the amount of state budget funds that remain unpaid during the period of non-payment."

8. Amend and supplement Article 31 as follows:

“Article 31. Extension of Tax Payment

1. Cases Eligible for Extension:

The extension of tax payment shall be considered based on the taxpayer's application in one of the following cases:

a) Suffering material damage directly affecting production and business operations due to natural disasters, fires, or unexpected accidents;

Material damage refers to losses of assets of the taxpayer that can be valued in monetary terms such as machinery, equipment, means of transport, materials, goods, factories, offices, money, and other valuable papers.

b) Being required to cease operations due to relocation of the production and business premises at the request of competent state authorities, thereby affecting production and business results;

c) Being unable to pay taxes on time due to imported raw materials and materials for producing export goods with a production and storage cycle exceeding 275 days, or due to the cancellation of contracts or delays in delivery by the buyer;

d) Other special difficult circumstances.

2. Amounts of Taxes, Late Payment Penalties, and Fines Subject to Extension:

a) For the case stipulated in Point a Clause 1 of this Article, it is the amount of taxes, late payment penalties, and fines owed by the taxpayer up to the date of occurrence of natural disasters, fires, or unexpected accidents, but not exceeding the value of the material damage minus the portion compensated by the responsible individual or organization according to the law;

b) For the case stipulated in Point b Clause 1 of this Article, it is the amount of taxes, late payment penalties, and fines owed up to the date when the taxpayer begins to cease production and business operations, but not exceeding the actual costs of relocation and damage caused by the relocation of the production and business premises;

c) For the case stipulated in Point c Clause 1 of this Article, it is the amount of taxes, late payment penalties, and fines owed corresponding to the imported raw materials and materials for producing export goods that have not been exported within 275 days;

d) For the case stipulated in Point d Clause 1 of this Article, it is the amount of taxes, late payment penalties, and fines arising from other special difficulties encountered by the taxpayer.

3. Duration of Tax Payment Extension:

a) The maximum duration of tax payment extension does not exceed two years, starting from the expiration date of the tax payment deadline for the cases stipulated in Points a and c Clause 1 of this Article;

b) The maximum duration of tax payment extension does not exceed one year, starting from the expiration date of the tax payment deadline for the cases stipulated in Points b and d Clause 1 of this Article.

4. Authority to Grant Tax Payment Extension:

a) The head of the direct tax administration agency shall decide on the amount of taxes eligible for extension and the duration of the tax payment extension based on the extension application file for the cases stipulated in Points a and b Clause 1 of this Article;

b) The head of the customs authority shall decide on the amount of taxes eligible for extension and the duration of the tax payment extension for the cases stipulated in Points a, b, and c Clause 1 of this Article;

c) In the case of special difficulties, the extension of tax payment must ensure that it does not adjust the state budget revenue plan already decided by the National Assembly, including:

- The Government decides on the extension of tax payment for market support and general resolution of production and business difficulties;

- The Prime Minister decides on the extension of tax payment for each special difficulty case upon the proposal of the Minister of Finance.

5. The decision on the extension of tax payment shall be publicly announced on the electronic information website of the tax management agency."

9. Amend and supplement Clause 2 of Article 39 as follows:

"2. Responsibilities of Taxpayers Paying Off Tax Debts Gradually

a) During the period of gradually paying off tax debts, taxpayers still have to pay late payment penalties at a rate of 0.05% per day on the amount of overdue taxes. Taxpayers are responsible for paying the full amount of taxes and late payment penalties as committed.

b) If taxpayers violate the commitment regarding the schedule for gradually paying off tax debts and late payment penalties, the guarantor organization shall be responsible for paying the tax debts and late payment penalties on behalf of the taxpayer."

10. Amend and supplement Article 40 as follows:

“Article 40. Confirmation of Completion of Tax Payment Obligations

1. Vietnamese citizens exiting the country to settle abroad, Vietnamese citizens residing abroad, and foreigners before exiting Vietnam must complete their tax payment obligations. The immigration management agency is responsible for stopping the departure of individuals when notified in writing or through electronic information from the tax management agency that the person planning to exit has not completed their tax obligations as required by law prior to departure.

2. The tax management agency is responsible for confirming the completion of tax obligations in writing upon request of the taxpayer, except in cases provided for in Clause 1 of this Article.

11. Amend and supplement Point b Clause 3 Article 41 as follows:

“b) The time limit for processing refund tax files prescribed in Clause 13 Article 1 of the Law amending and supplementing certain provisions of the Law on Tax Administration shall apply to refund tax files requesting refunds of overpaid taxes with confirmation of overpayment issued by the tax authority; refund tax files requesting refunds of overpaid tax, late payment interest, and penalties for exported and imported goods;

The head of the tax management agencies at all levels shall issue a decision to refund taxes. In cases where the processing of refund tax files is delayed due to the fault of the tax management agency, in addition to the amount of tax refunded according to regulations, the taxpayer shall also be paid interest calculated on the amount of tax refunded late and the period of delay in refunding the tax; the interest rate for calculating interest shall be implemented according to Points a and b Clause 2 Article 30 of this Decree.”

12. Amend and supplement Clause 1 Article 48 as follows:

“1. Taxpayers who are businesses using electronic services provided by the tax authority (tax registration, tax declaration, tax payment, tax information search, and tax information submission), except in special cases as stipulated by the Ministry of Finance.

Taxpayers (including both organizations and individuals) operating in the restaurant, hotel, supermarket sectors, and other goods and services using cash registers and sales software systems shall connect with the tax authority to submit information to the tax authority according to the implementation schedule of the tax authority.

Taxpayers (including both organizations and individuals) operating in high-risk tax sectors shall issue electronic invoices and electronically transmit invoice information to the tax authority to receive invoice authentication codes from the tax authority. The Ministry of Finance shall specify the cases requiring the use of electronic invoices with tax authority authentication codes.”

Article 6. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from the date the Law amending and supplementing certain provisions of the Laws on Tax dated November 26, 2014 comes into force.

2. Repeal the provisions regarding exchange rates when determining revenue, expenses, taxable value, taxable income, and taxable income specified in Articles 7 and 8 of Decree No. 87/2010/ND-CP dated August 13, 2010; Clause 9 Article 4 of Decree No. 26/2009/ND-CP dated March 16, 2009, and Clause 3 Article 1 of Decree No. 113/2011/ND-CP dated December 8, 2011 of the Government.

3. Repeal Point n Clause 2 Article 3 and Point g Clause 2 Article 9 of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government.

4. Repeal Articles 7, 8, 9, 10, 19, 20, 21, and the provisions on business income in Articles 12, 13, and 14 of Decree No. 65/2013/ND-CP dated June 27, 2013 of the Government.

5. Repeal Point c Clause 2 Article 6 of Decree No. 209/2013/ND-CP dated December 18, 2013 of the Government.

6. The Ministry of Finance shall guide the implementation of this Decree.

7. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree./.