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| GOVERNMENT _______ No. 181/2025/ND-CP | SOCIALIST REPUBLIC OF VIETNAM INDEPENDENCE – FREEDOM – HAPPINESS _________________ |
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Pursuant to the Law on Organization of the Government dated February 18, 2025;
Pursuant to the Law on Value Added Tax dated November 26, 2024;
Pursuant to the Law amending and supplementing a number of articles of the Law on Bidding, the Law on Investment in the form of public-private partnership, the Law on Customs, the Law on Value Added Tax, the Law on Export Tax, Import Tax, the Law on Investment, the Law on Public Investment, the Law on Management and Use of Public Assets dated June 25, 2025;
At the request of the Minister of Finance;
The Government promulgates a Decree detailing the implementation of a number of articles of the Law on Value-Added Tax.
This Decree details the taxpayers in Clauses 1, 4 and 5, Article 4 and taxpayers in case foreign suppliers provide services to buyers who are business organizations in Vietnam and apply the tax deduction method specified in Clause 4, Article 4. non-taxable subjects in Article 5, taxable prices in Article 7, time of determination of VAT in Clause 2 of Article 8, tax rates in Clauses 1 and 2 of Article 9, tax deduction method in Article 11, direct calculation method in Clause 1 of Article 12, deduction of input VAT in Article 14 and refund of VAT in Article 14 15 of the Law on Value-Added Tax.
Subjects of application of this Decree include:
1. Taxpayers specified in Article 3 of this Decree.
2. Tax administration agencies in accordance with the law on tax administration.
3. Other relevant organizations and individuals.
Taxpayers shall comply with the provisions of Article 4 of the Law on Value-Added Tax. Some cases are detailed as follows:
1. Taxpayers specified in Clause 1, Article 4 of the Law on Value-Added Tax include:
a) Organizations established and registered for business under the Law on Enterprises, the Law on Cooperatives and other specialized laws.
b) Economic organizations of political organizations, socio-political organizations, social organizations, socio-professional organizations, people's armed forces units, non-business organizations and other organizations.
c) Foreign-invested enterprises and foreign parties participating in business cooperation under the Law on Investment; foreign organizations and individuals doing business in Vietnam but not establishing legal entities in Vietnam.
d) Export processing enterprises shall carry out other business activities in accordance with the law on management of industrial parks and economic zones.
dd) Production and business households and individuals; group of independent business people.
e) Other organizations and individuals engaged in production and business activities.
2. Taxpayers specified in Clauses 4 and 5, Article 4 of the Law on Value-Added Tax include:
a) The foreign supplier without a permanent establishment in Vietnam conducts e-commerce business or digital-based business with organizations and individuals in Vietnam (hereinafter referred to as the foreign supplier); organizations that are managers of foreign digital platforms shall deduct and pay on behalf of foreign suppliers' payable tax obligations; business organizations in Vietnam applying the value-added tax calculation method, which is the method of deducting tax on the purchase of services of foreign suppliers without permanent establishments in Vietnam through e-commerce channels or digital platforms. pay tax obligations payable on behalf of foreign suppliers. The deduction and payment on behalf of payable tax obligations of foreign suppliers of taxpayers specified at this Point shall comply with the provisions of law on tax administration.
b) Taxpayers specified in Clause 5, Article 4 of the Law on Value-Added Tax are organizations managing e-commerce trading floors and digital platforms with payment functions in accordance with the Government's Decree No. 117/2025/ND-CP dated June 09, 2025 on tax administration for business activities on the e-commerce, digital platforms of households and individuals.
Non-taxable subjects shall comply with the provisions of Article 5 of the Law on Value-Added Tax. Some cases are detailed as follows:
1. Products of crops, forests, animal husbandry, aquaculture and fisheries that have not yet been processed into other products or have only been preliminarily processed by organizations and individuals that produce or fish by themselves and are sold at the import stage. In which, products that have only undergone normal preliminary processing are products that have just been cleaned, dried, peeled, milled, crushed, crushed, peeled, peeled, peeled, peeled, peeled, separated, stalked, cut, grinded, polished, seeded, separated, separated into parts, removed bones, etc mincing, peeling, crushing, laminating, salting, airtight canning, cold storage (chilling, freezing), storage with sulfide gas, storage by the method of applying chemicals to avoid rotting, soaking in sulfur solution or soaking in other preservative solution and other forms of conventional storage.
In case it cannot be determined, the Ministry of Agriculture and Environment shall base itself on the process of production of crops, planted forests, animal husbandry, aquaculture and fishery products provided by taxpayers to determine that the products have not been processed into other products or have only been preliminarily processed by organizations. individuals themselves produce, fish, sell and import according to the provisions of law.
2. Houses belonging to public property sold by the State to current tenants. In particular, houses are public property in accordance with the law on housing.
3. Transfer of land use rights in accordance with the provisions of the land law.
4. The following financial, banking, securities and commercial services:
a) Credit extension services in accordance with the law on credit institutions and charges specified in the loan contracts of the Vietnamese Government with foreign lenders.
b) Loan services of taxpayers other than credit institutions.
c) Securities trading includes securities brokerage, proprietary trading of securities, underwriting of securities issuance, securities investment consultancy, management of securities investment funds, management of securities investment portfolios in accordance with the law on securities.
d) Capital transfer includes the transfer of part or all of the invested capital in other economic organizations (regardless of whether a new legal entity is established or not), the transfer of securities, the transfer of the right to contribute capital and other forms of capital transfer as prescribed by law. including the case of selling the enterprise to another enterprise for production and business and the purchasing enterprise inherits all the rights and obligations of the selling enterprise in accordance with law. The transfer of capital specified at this Point does not include the transfer of investment projects or the sale of assets.
dd) Sale of debts, including sale of payables and receivables, sale of certificates of deposit between taxpayers other than credit institutions.
e) Trading in foreign currencies.
g) Derivative products in accordance with the law on credit institutions, the law on securities and the law on commerce, including: interest rate swaps; forward contracts; futures contracts; contracts, call options, and other derivative products.
h) Sale of collateral of debts of organizations in which the State owns 100% of charter capital established by the Government with the function of buying and selling debts to settle bad debts of Vietnamese credit institutions.
The Ministry of Finance shall detail securities trading and securities transfer services specified at Points c and d of this Clause.
5. Funeral services include services of renting funeral homes, funeral cars, burying the dead in various forms, moving graves, taking care of graves and must be provided by establishments with the function of providing funeral services.
6. Maintenance, repair and construction activities with capital contributed by the people or humanitarian aid capital (accounting for 50% or more of the total capital used for the work; in case the people's contributed capital or humanitarian aid capital accounts for less than 50% of the total capital used for the work, the entire value of the work shall be subject to value tax increase) for historical-cultural relics, scenic spots, cultural and artistic works, public service works, infrastructure and housing for social policy beneficiaries. In which:
a) Capital sources contributed by the people, including capital contributions and sponsorships of organizations and individuals.
b) The historical-cultural relics and scenic spots specified in this Clause shall comply with the provisions of the law on cultural heritage.
c) Public service works and infrastructure works are works that do not serve business purposes and do not collect money. The works specified at this Point shall comply with the provisions of Point 2, Section I and Section III of Appendix I promulgated together with the Government's Decree No. 06/2021/ND-CP dated January 26, 2021 detailing the quality management, construction and maintenance of construction works.
d) Subjects of social policies specified in this Clause include: people with meritorious services in accordance with the law on people with meritorious services; social protection beneficiaries receiving subsidies from the state budget; people belonging to poor and near-poor households and other cases as prescribed by law.
7. Teaching and vocational training activities in accordance with the law on education and vocational education. In case the teaching and vocational training establishments have collections or expenses on their behalf, they are not subject to value-added tax; goods and services provided by organizations and individuals to teaching and vocational training establishments shall be subject to value-added tax as prescribed.
8. Publishing, importing and distributing newspapers, magazines, newsletters, special issues, political books, textbooks, textbooks, books on legal documents, scientific-technical books, books in service of external information, books printed in ethnic minority characters and pictures, photographs, posters for propaganda and promotion, etc including in the form of audio tapes or discs, video recordings, electronic data; money, print money. In which:
a) Political books are books propagating the political line of the Party and the State in service of thematic and thematic political tasks, anniversaries and traditional days of organizations, levels, branches and localities; all kinds of statistical books, propagating the movement of good people and good deeds; printed books on speeches and theoretical research of Party and State leaders.
b) Textbooks are books used for teaching and learning at all levels from preschool to upper secondary school (including reference books for teachers and students in accordance with the contents of the educational program).
c) Textbooks are books used for teaching and learning in universities, colleges, vocational and vocational secondary schools.
d) Legal document books are printed books of the State's legal documents.
dd) Science-technical books are books used to introduce and guide scientific and technical knowledge directly related to production and scientific and technical disciplines.
e) Books printed in ethnic minority scripts, including bilingual books printed in Mandarin and ethnic minority scripts.
g) Paintings, photographs and posters of propaganda are paintings, photographs, posters, leaflets of all kinds, folding sheets for the purpose of propagation, promotion, slogans, photos of leaders, Party flags, National Flags, Youth Union flags and team flags.
h) Books in service of external information, in which external information complies with the Government's Decree No. 72/2015/ND-CP dated September 07, 2015 on management of external information activities.
9. Transportation of public passengers by buses, trams and inland waterway means shall be carried out within the province, in urban areas and adjacent routes outside the province with stops.
10. Machinery, equipment, spare parts and supplies of the type that cannot be produced domestically and need to be imported for direct use in scientific research and technological development activities; machinery, equipment, spare parts, special-use means of transport and supplies of the type that cannot be produced domestically and need to be imported for exploration and development of oil and gas fields; aircraft, helicopters, gliders, drilling rigs and boats of the type that cannot be produced domestically need to be imported to create fixed assets of enterprises or leased from foreign countries for use in production, business or lease. In which:
The list of domestically produced machinery, equipment, spare parts and supplies as a basis for distinguishing them from domestically produced ones that need to be imported for direct use in scientific research and technological development activities; The list of machinery, equipment, spare parts, special-use means of transport and supplies of the domestically produced type which can be used as a basis for distinguishing from the domestically unproduced machinery that needs to be imported for conducting oil and gas field exploration and development activities; The list of domestically produced aircraft, helicopters, gliders, drilling rigs and vessels of the type which can be used as a basis for distinguishing them from those that cannot be produced domestically and need to be imported to create fixed assets of enterprises or leased from foreign countries for use in production, business and lease promulgated by the Ministry of Finance.
11. Imported goods in case of humanitarian aid or non-refundable aid. Goods and services sold to foreign organizations and individuals and international organizations for humanitarian aid and non-refundable aid to Vietnam. In which:
a) Imported goods in case of humanitarian aid or non-refundable aid are aid goods in accordance with the law on receipt, management and use of humanitarian aid or non-refundable aid.
b) For goods and services purchased domestically for humanitarian aid or non-refundable aid to Vietnam, the foreign organization or individual or international organization must send a written request to the sales establishment, clearly stating the name of the foreign organization or individual or international organization purchasing the goods. services for humanitarian aid or non-refundable aid to Vietnam, quantity or value of purchased goods or services and must be certified by agencies and units competent to receive humanitarian aid or non-refundable aid. Agencies and units receiving humanitarian aid and non-refundable aid shall have to certify at the request of foreign organizations and individuals and international organizations.
12. Goods transited through the territory of Vietnam; goods temporarily imported or re-exported; goods temporarily exported or re-imported; raw materials imported for production and processing of export goods under export production and processing contracts signed with foreign parties; goods and services traded between foreign countries and non-tariff zones and between non-tariff zones. Goods imported from abroad of financial leasing companies shall be transported directly into non-tariff zones for financial lease to enterprises in non-tariff zones. Non-tariff zones comply with the provisions of law on export and import tax.
13. Technology transfer in accordance with the Law on Technology Transfer; transfer of intellectual property rights in accordance with the provisions of the Intellectual Property Law; software products and software services in accordance with the law on information technology, the law on digital technology industry and relevant laws. In case of technology transfer or transfer of intellectual property rights accompanied by the transfer of machinery and equipment, the business establishment must separate the value of the transferred technology and the value of the transferred intellectual property rights to determine the subjects not subject to VAT; in case it cannot be separated, the entire contract value shall be subject to VAT.
14. Export products being exploited natural resources and minerals that have not yet been processed into other products and exported products being exploited natural resources and minerals that have been processed into other products according to the State's orientation on not encouraging the export or restricting the export of natural resources raw minerals specified in the List (Appendix I, Appendix II) promulgated together with this Decree.
In case it is necessary to adjust export products in the List (Appendices I and II) to suit the socio-economic context in each period, the Ministry of Finance shall coordinate with relevant ministries in reporting to the Government for consideration and decision.
For export products being natural resources and minerals that have been processed into other products that need to be encouraged for export and have high added value as determined and proposed by the Ministry of Industry and Trade, the Ministry of Finance shall assume the prime responsibility for, and coordinate with relevant ministries in, reporting to the Government for consideration and decision.
15. Imported goods in the following cases:
a) Gifts to state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, people's armed forces units within the import duty exemption norms in accordance with the law on export tax, import tax.
b) Gifts and gifts within the import duty exemption norms in accordance with the law on export and import taxes of foreign organizations and individuals to Vietnamese individuals; utensils of foreign organizations and individuals according to the criteria for diplomatic exemption and movable assets within the import duty exemption norms in accordance with the law on export and import duties.
c) Goods in the baggage allowance exempt from import duty in accordance with the law on export duty and import tax.
d) Imported goods supported or financed for the prevention, control and remedy of consequences of disasters, natural disasters, epidemics or wars are goods supported and financed by ministries, ministerial-level agencies, People's Committees of provinces and cities, Vietnam Fatherland Front Committees of provinces, receiving city. Receiving agencies and organizations shall have to issue receiving documents at the request of supporting and sponsoring organizations and individuals.
dd) Goods purchased, sold or exchanged in service of production and consumption of border residents on the list of goods purchased, sold or exchanged by border residents in accordance with law and within the import duty exemption norms in accordance with the law on export tax; import tax.
e) National relics, antiques and treasures in accordance with the law on cultural heritages imported by competent state agencies, including cases of import authorization and entrustment.
16. Establishments dealing in goods and services not subject to VAT specified in this Article shall not be entitled to deduction or refund of input VAT on goods and services not subject to VAT, except for the case of application of the 0% tax rate specified in Clause 1, Article 9 of the Law on Value-Added Tax.
1. For goods and services sold by business establishments, they are selling prices exclusive of VAT; for goods and services subject to excise tax, it is the selling price for which excise tax has been paid but has not yet been VAT; for goods subject to environmental protection tax, it is the selling price for which environmental protection tax has been paid but no value-added tax; for goods subject to excise tax and environmental protection tax, it is the selling price with excise tax and environmental protection tax but without value-added tax.
2. For imported goods which are the value of import tax calculation in accordance with the law on export duty, import tax plus import tax, plus taxes being additional import tax in accordance with the law on export duty, import tax and the law on foreign trade management (if any), plus excise tax (if any) and plus environmental protection tax (if any).
a) In case imported goods are exempt from import tax, the value-added tax calculation price is the import tax calculation value.
b) In case imported goods are eligible for import tax reduction, the value-added tax calculation price is the import tax calculation value plus (+) plus the import tax determined according to the payable tax rate after it has been reduced.
c) In case imported goods are subject to VAT and exempt from import tax, and then change the use purpose, resulting in the payable import tax amount, the additional VAT must be paid on top of the payable import tax amount.
1. For goods and services used for exchange, internal consumption, donation, donation or deemed value-added tax calculation prices of goods and services of the same or equivalent type at the time of occurrence of these activities. In which, goods and services for internal consumption are goods and services exported or provided by business establishments for consumption, excluding the following:
a) Goods and services used to continue the production and business process of the business establishment, such as goods exported for internal warehouse transfer, export of supplies and semi-finished products, to continue the production and business process in a business establishment.
b) Goods and services exported or provided by business establishments for use in service of production and business activities (including fixed assets built or produced by business establishments).
c) Assets transferred between dependent cost-accounting member units in the business establishment; assets transferred upon division, separation, consolidation, merger or transformation of enterprise types; fixed assets in use, which have been depreciated when transferred according to the value recorded in the accounting books between business establishments and member units with 100% capital owned by a business establishment or between member units owned by a business establishment with 100% capital in service of production activities, trading in goods and services subject to VAT; assets contributed to the enterprise. Business establishments with transferred assets must issue an order for transfer of assets, enclosed with a dossier of asset origin. Assets contributing capital to the enterprise must include: minutes of capital contribution to production and business, joint venture and association contracts; the asset valuation record of the capital delivery and receipt council of the capital contributors (or the valuation document of the organization with the valuation function as prescribed by law), enclosed with a dossier on the origin of assets.
Business establishments that have goods and services specified at Points a, b and c of this Clause are not required to calculate VAT.
2. For goods and services used for sales promotion in accordance with the law on commerce, the taxable price is determined to be zero (0), except for the case of selling goods or providing services at a price lower than the previous selling price or service provision, which is applied during the sales promotion period (sales promotion in the form of discount), the taxable price is the reduced selling price applied during the registered sales promotion period or notified in accordance with the provisions of the commercial law on trade promotion activities. Forms of sales promotion of promotional goods and services with a taxable price of zero (0) or taxable prices of goods and services sold do not include the value of goods and services used for sales promotion, specifically as follows:
a) Giving sample goods or providing sample services for customers to try without paying, the sample goods and sample services shall have a taxable price of zero (0).
b) If goods or services are donated without collecting money, the donated goods and services shall have a taxable price of zero (0).
c) Selling goods or providing services enclosed with goods purchase vouchers or service use vouchers, the taxable prices of goods and services do not include the value of goods purchase vouchers or service use vouchers.
d) Selling goods or providing services enclosed with contest slips to customers in order to select prize winners according to the announced rules and prizes (or other equivalent forms of organizing contests and awarding prizes), the taxable prices of goods and services do not include the value of goods, winning service according to the contest slip (if any).
dd) Sale of goods or provision of services accompanied by participation in programs of chance in which participation in the program is associated with the purchase of goods or services and the winning of prizes based on the luck of the participants according to the rules and prizes announced, the taxable prices of the goods, services do not include the value of goods and services used for awarding prizes.
e) Organizing regular customer programs, whereby the rewards to customers based on the quantity or value of goods and services purchased by customers are expressed in the form of customer cards, receipts of purchase of goods and services or other forms, the taxable prices do not include the value of customer cards, vouchers acknowledging the purchase of goods, services or other forms.
In case of sale of goods or provision of services specified in this Clause but failure to comply with the provisions on sales promotion of the law on commerce, the taxable prices shall be the same as those of goods as donated, donated or donated goods specified in Clause 1 of this Article.
1. For asset leasing activities, it is the lease amount exclusive of VAT. In which:
a) The asset lease amount is the rental price specified in the asset lease contract.
b) In case of lease in the form of periodic rent payment or advance payment of rent for the lease term, the taxable price is the lease amount paid in installments or prepaid for the lease term exclusive of VAT.
2. For goods processing, it is the processing price exclusive of VAT. Processing price is the processing price under the processing contract exclusive of VAT, including wages, costs of fuel, auxiliary materials and other expenses in service of the processing of goods.
3. For construction and installation activities, it means the value of works, work items or portions of work to be handed over, including the value of raw materials, machinery and equipment exclusive of VAT. In case construction and installation do not include bidding for raw materials, machinery and equipment, the taxable price is the construction and installation value excluding the value of raw materials and machinery and equipment.
For real estate business activities, it is the selling price of real estate exclusive of VAT, except for land use levy or land rent remitted to the state budget (deductible land price). The deductible land price for VAT calculation is determined in a number of cases as follows:
1. In case of land allocation or lease by the State, lump-sum payment for the whole lease term (through auction or non-auction), change of land use purpose, recognition of land use rights, adjustment of land allocation decisions, adjustment of land lease decisions, adjustment of detailed plannings, if the land use term is extended, the land use term is adjusted, the form of land lease with annual payment is changed to land lease with lump-sum payment for the whole lease term, the land price deducted for the calculation of value-added tax is the land use levy, the land rent paid in lump-sum for the whole lease term shall be calculated according to the provisions of the Government's Decree on land use levy and land rent (excluding compensation, support and ground clearance for land that the land user has advanced (if any)).
2. In case a business establishment receives the transfer of real estate being the land use rights of organizations or individuals, the land price deducted for VAT calculation upon transfer is the land use levy or land rent remitted to the state budget of the transferred land plot or land plot, does not include the value of infrastructure. Business establishments are entitled to deduct input VAT on infrastructure (if any).
3. In case a business establishment receives capital contribution with land use rights from an organization or individual, the deductible land price for VAT calculation is the land use levy or land rent remitted to the state budget.
4. In case the business establishment performing the BT contract is paid with the land fund, the land price deducted for VAT calculation is the value of the land fund paid in accordance with the law on investment in the form of public-private partnership.
5. In case a business establishment builds or provides infrastructure business or builds houses for sale, transfer or lease, the value-added tax calculation price is the amount of money collected according to the project execution schedule or the schedule of collection stated in the contract minus (-) the deductible land price specified in Clause 1. 2, 3, 4 This Article corresponds to the percentage of the collected amount to the total contract value.
6. In case a business establishment builds a multi-storey house or apartment building for sale, the deductible land price for 01 m2 of house for sale shall be determined by the deductible land price as prescribed in Clauses 1, 2, 3 and 4 of this Article divided (:) the number of m2 of the construction floor excluding the common area such as corridors, stairs, basements, underground construction works.
7. In case a business establishment receiving real estate transfer or capital contribution with land use rights from an organization or individual specified in Clauses 2 and 3 of this Article cannot determine the land use levy or land rent remitted to the state budget, the value-added tax calculation price is the transfer price exclusive of value-added tax.
1. For brokerage activities of buying and selling goods and services entitled to commissions, the commissions earned from these activities are exclusive of VAT, except for cases where VAT is not required to be calculated, including:
a) Turnover of goods and services received and sold by agents and commission revenues enjoyed from agency activities sold at the prescribed prices of the party assigning the agent to enjoy commissions of services: post, telecommunications, sale of lottery tickets, air tickets, automobiles, trains and ships; international transport agents; agents of aviation and maritime services that are subject to the 0% value-added tax rate; insurance sales agents.
b) Turnover of goods and services and agency commission revenue enjoyed from agency activities selling goods and services not subject to VAT.
2. For goods and services for which payment invoices are used, the payment price is the VAT-inclusive price, the taxable price shall be determined according to the following formula:
| Prices exclusive of VAT | = | Billing Price |
|---|---|---|
| 1 + tax rate of goods and services (%) |
1. For casino and prize-winning electronic game business services, it is the amount of money collected from this activity, minus the amount of money returned to the unused customer and the amount of prize paid to the customer (if any), which has been subject to special consumption tax and has not yet been subject to value-added tax. In which, the amount of money collected is the amount collected from exchanging conventional currency for players at the counter, at the game table and the amount collected at the prize-winning electronic game machine.
2. For betting business services, it is the amount of money collected from the sale of betting tickets minus the amount of money paid to customers (if any), excise tax has been paid, and no value-added tax has been paid.
For production and business activities, including: electricity production activities of Vietnam Electricity; transportation, loading and unloading; tourism services in the form of travel; pawn services; VAT-liable books sold at the right release price (cover price); printing activities; services of assessment agents, compensation consideration agents, third-party reimbursement agents, and 100% compensation goods handling agents entitled to wages or commissions, the taxable price is the selling price exclusive of VAT. In which:
1. For electricity production activities of the Electricity of Vietnam:
a) For electricity of hydropower companies dependent on the Vietnam Electricity Group or dependent on the power generation corporations, the value-added tax calculation price to determine the value-added tax amount paid in the locality where the hydropower plant is located is equal to 35% of the average electricity retail price exclusive of value-added tax according to provisions of the electricity law and the price law.
b) For electricity of thermal power companies that are dependent on the Vietnam Electricity Group or dependent on the power generation corporations, the value-added tax calculation price to determine the value-added tax amount paid in the locality where the thermal power plant is located is the electricity sale price inscribed on the invoice under the applicable power purchase and sale contract for each thermal power plant. In case there is no power purchase agreement applicable to each thermal power plant, the value-added tax calculation price is determined as the average electricity retail price exclusive of value-added tax in accordance with the electricity law and the price law.
c) For electricity of power generation companies (except hydropower and thermal power) which are dependent on the Electricity of Vietnam or dependent on the power generation corporations, the value-added tax calculation price to determine the value-added tax amount paid in the locality where the power generation plant is located is the electricity sale price exclusive of VAT due to the competent state agencies shall prescribe for each type of power generation. In case there is no electricity selling price prescribed by a competent state agency for each type of electricity generation mentioned at this Point, the value-added tax calculation price shall be determined as the average electricity retail price exclusive of value-added tax in accordance with the electricity law and the price law.
2. For transportation, loading and unloading, it is the freight rate exclusive of VAT, regardless of the establishment directly transporting, loading and unloading or subleasing.
3. For tourism services in the form of travel or contracts signed with customers at the package price (meals, accommodation, travel), the package price is determined as the price inclusive of VAT.
Taxable prices are determined according to the following formula:
| Taxable price | = | Package price |
|---|---|---|
| 1 + tax rate |
In case the package price includes expenses for air tickets to transport tourists from abroad to Vietnam, from Vietnam to abroad, expenses for meals, rest, sightseeing and a number of other expenses abroad (if there are lawful documents), the revenues of customers to pay for the above amounts shall be deducted from the calculated price (revenue) value-added tax. Input value-added tax for package tourism activities is fully deducted according to regulations.
4. For value-added tax pawn services, the amount of money receivable from these services is exclusive of VAT. The amount receivable from this service includes interest receivable from pawn loans and other revenues arising from the sale of pawn goods (if any). In case the amount collected from this service includes VAT, the taxable price shall be determined according to the following formula:
| Taxable price | = | Amount receivable |
|---|---|---|
| 1 + tax rate |
5. For VAT-liable books sold at the distribution price (cover price) as prescribed by the Law on Publication, such selling price shall be determined as the VAT-inclusive price. In cases where the sale is not according to the cover price, the value-added tax calculated on the selling price is exclusive of VAT.
6. For printing activities, the taxable price is the printing wages exclusive of VAT. In case a printing establishment performs printing contracts, the payment price includes both printing wages and printing paper money, the taxable price includes both printing wages and printing paper exclusive of VAT.
7. For services of assessment agents, indemnity agents, third-party reimbursement agents, and 100% compensation goods handling agents entitled to wages or commissions, the value-added tax calculation price is the wages or commissions to be enjoyed without VAT.
For international telecommunications services, the VAT-calculated price is the price of providing international telecommunications services exclusive of VAT; In case a business establishment has services connected to an overseas telecommunications network, the value-added tax calculation price shall be deducted from the customer's revenues to pay the connection charge. Business establishments must separate charges for connection to overseas telecommunications networks to determine value-added tax calculation prices; in case it cannot be separated, the value-added tax calculation price is the entire value of the contract exclusive of VAT.
For services provided by foreign organizations that do not have permanent establishments in Vietnam, overseas individuals who are non-residents in Vietnam (hereinafter collectively referred to as foreign contractors and foreign subcontractors) whose revenues are generated in Vietnam have not fully implemented the accounting regime, invoices and vouchers, excluding foreign suppliers specified in Clause 4, Article 4 of the Law on Value-Added Tax, the value-added tax calculation price is the entire turnover from the provision of services and services associated with goods subject to value-added tax for which the foreign contractor The foreign subcontractor receives, without deducting the payable taxes, including expenses paid by the Vietnamese party on behalf of the foreign contractor or foreign subcontractor (if any). The Ministry of Finance shall detail this Article.
1. Taxable prices for goods and services specified in this Section:
a) Including surcharges and surcharges in addition to the prices of goods and services to which business establishments are entitled.
b) Excluding revenues not related to the sale of goods or provision of services of business establishments: revenues from monetary compensation (including compensation for land and assets on land when land is recovered under decisions of competent state agencies); bonuses, collections for third parties of insurance activities, collections and remunerations from state agencies for the performance of collection and payment activities on behalf of state agencies, and financial revenues.
2. In case a business establishment applies the form of commercial discount for customers (if any), the value-added tax calculation price is the commercially discounted selling price for customers exclusive of VAT.
3. In case a business establishment has calculated value-added tax but the taxable price is changed according to the conclusion of a competent state agency in accordance with relevant laws, the taxable price shall be determined according to the conclusion of a competent state agency.
1. For exported goods, the time of VAT determination shall be determined by the seller itself but not later than the next working day from the date on which the goods are cleared in accordance with the customs law.
2. For imported goods, the time of VAT determination is the time of determination of import tax in accordance with the law on export tax and import tax.
1. For telecommunications services (including value-added telecommunications services):
a) For telecommunications services (including value-added telecommunications services), the data collation between service providers must be carried out, the time of VAT determination is the time of completion of the data collation of service charges under economic contracts between service business establishments, but not at the latest more than 02 months from the month of incurring connection service charges.
b) For telecommunications services (including value-added telecommunications services) provided in a given period, the time of determination of value-added tax is the time of completion of data collation between the parties (except for the case specified at Point a of this Clause) but not later than the 7th day of the month following the month in which the provision of services arises, or no later than 07 days from the end of the convention period. The contract period shall serve as a basis for calculating the amount of services provided as a basis for agreement between the service provider and the buyer.
c) For telecommunications services (including value-added telecommunications services) provided through the sale of prepaid cards or the collection of network connection charges, the time of determination of value-added tax is the time of sale of prepaid cards and collection of network connection charges.
2. For electricity sale activities:
a) For electricity sale activities of power generation companies on the electricity market, the time for determination of value-added tax shall be determined based on the time of reconciliation of payment data between the electricity system operator and the electricity market, the power generating unit and the electricity buyer according to the regulations of the Ministry of Industry and Trade or the power purchase and sale contract that has been guided and approved by the Ministry of Industry and Trade but no later than the last day of the tax declaration and payment deadline for the month in which tax liabilities arise in accordance with the law on tax administration. Particularly for electricity sale activities of power generation companies with the Government's guarantee commitment on the time of payment, the time of determination of value-added tax shall be based on the Government's guarantee, the guidance and approval of the Ministry of Industry and Trade and the power purchase and sale contracts signed between the electricity buyer and the electricity seller.
b) For electricity sale activities (except for the case specified at Point a of this Clause), the time of VAT determination is the time of completion of data collation between the parties but not later than the 7th day of the month following the month in which the electricity supply occurs or not later than 07 days from the end of the convention period. The convention period is used as a basis for calculating the amount of electricity supplied on the basis of agreement between the electricity supplier and the buyer.
3. For clean water supply activities, the time of determination of VAT is the time of completion of data collation between the parties but not later than the 7th day of the month following the month in which the water supply occurs or no later than 07 days from the end of the convention period. The convention period shall serve as a basis for calculating the amount of water supplied as a basis for agreement between the water supplier and the buyer.
4. For insurance business activities, the time of determination of value-added tax is the time of recording insurance turnover in accordance with the law on insurance business.
5. For real estate business activities, infrastructure construction, construction of houses for sale, transfer or lease:
a) In case the ownership or use right has been transferred, the time of VAT determination is the time of transfer of ownership or use rights of goods to the buyer, regardless of whether money has been collected or not.
b) In case the ownership or use right has not been transferred but the collection of money is carried out according to the project execution schedule or the schedule of collection of money stated in the contract, the time of determination of VAT is the date of collection of money or according to the payment agreement in the contract.
6. For construction and installation activities, including shipbuilding, the time of determination of value-added tax is the time of acceptance and handover of works, work items, construction volumes, completed installations or portions of work to be handed over, regardless of whether money has been collected or not.
7. For petroleum activities:
a) For crude oil prospection, exploration, exploitation and processing, the time of determination of VAT on the sale of crude oil, condensate, crude oil-processed products (including product consumption activities as committed by the Government) is the time when the buyer and seller determine the official selling price, regardless of whether the money has been collected or not.
b) For the sale of natural gas, companion gas and coal gas transferred by gas pipelines to buyers, the time of VAT determination is the time when the buyer or seller determines the volume of gas delivered in the month but no later than the last day of the declaration deadline. pay tax for the month in which tax liabilities arise in accordance with the law on tax administration.
The tax rate of 0% applies to goods and services specified in Clause 1, Article 9 of the Law on Value-Added Tax. In which:
1. Exports include:
a) Goods from Vietnam sold to overseas organizations and individuals and consumed outside Vietnam.
b) Goods from inland Vietnam sold to organizations in non-tariff zones and consumed in non-tariff zones in direct service of export production activities.
c) Goods sold in the quarantine area to individuals (foreigners or Vietnamese) who have gone through exit procedures; goods sold at duty-free shops. Quarantine areas and duty-free shops shall be determined according to the provisions of the Government's Decree No. 68/2016/ND-CP dated July 01, 2016 regulating conditions for trading in duty-free goods, warehouses, places for carrying out customs procedures, customs gathering, inspection and supervision (amended, supplemented by Decree No. 67/2020/ND-CP dated June 15, 2020 of the Government).
2. Export services include:
a) Services provided directly to overseas organizations and individuals and consumed outside Vietnam. In particular, overseas individuals meet the conditions for staying outside Vietnam during the period of service provision.
b) Services directly supplied to organizations in non-tariff zones and consumed in non-tariff zones in direct service of export production activities, including: services directly supplied to organizations in non-tariff zones and consumed in non-tariff zones in direct service of export production activities; transportation services, services provided to export processing enterprises (container lifting and unloading services at ports, factories, warehouses; loading and unloading services at factories, ports, airports and related incurred costs such as document fees, electricity delivery fees, lead listing fees, etc making fees, packaging fees). An organization in a non-tariff zone is an organization with business registration.
3. Other exported goods and services include: international transport; services for leasing means of transport used outside the territory of Vietnam; services of the aviation and maritime industry provided directly or through agents for international transport; construction and installation of works abroad or in non-tariff zones; digital information content products provided to foreign parties and have dossiers and documents proving consumption outside Vietnam; spare parts and substitutes for repair and maintenance of vehicles, machinery and equipment for foreign parties and consumption outside Vietnam; goods processed for export in accordance with law; goods and services are not subject to value-added tax upon export, except for cases where the 0% tax rate specified in Clause 4 of this Article is not applicable. In which:
a) International transportation includes the transportation of passengers, luggage and goods on international routes from Vietnam to abroad or from abroad to Vietnam, or both departure and arrival points abroad, regardless of whether there is a direct means of transport or no means. In case the international transport contract includes the domestic transport sector, the international transport includes the domestic sector.
b) Services of the aviation industry include: service of providing aviation meals; aircraft take-off and landing services; aircraft parking services; aircraft security and protection services; screening the security of passengers, luggage and cargo; baggage carousel service at the station; technical services for ground trade; aircraft protection services; aircraft towing and propulsion services; aircraft navigation services; bridge rental services to guide passengers on and off the plane; departure and arrival flight operation services; transportation services for flight crews, flight attendants and passengers in the aircraft parking area; stacking and counting of goods; services for passengers traveling on international flights from Vietnamese airports; aircraft repair services; underground refueling services for international flights. The services of the aviation industry applying the 0% tax rate are those performed in the area of international airports, airports, and international air cargo terminals.
c) Services of the maritime sector include: ship towing services; maritime pilots; maritime rescue; wharves, pontoon wharves; loading and unloading; forcible untieping; opening and closing the cargo hold lid; cleaning the ship's hold; counting, delivery; registration; ship repair services. Services of the maritime industry applying a tax rate of 0% are those performed at the port area.
d) Digital information content products provided to foreign parties are content and information products including documents, data, images and audio expressed in digital form, stored and transmitted in the network environment determined in accordance with the law on information technology. Business establishments providing digital information content products must have dossiers and documents proving consumption outside Vietnam, such as: information on the residence status of foreign parties (organizations and individuals) abroad (information on payment addresses, delivery addresses, etc address of the head office, home address or similar information declared by the purchasing organization or individual to the business establishment providing services in Vietnam); information on access of overseas organizations and individuals, such as information on the national phone area code of SIM cards, IP addresses, fixed telephone line locations or similar information of organizations and individuals purchasing goods and services.
4. Cases in which the 0% tax rate specified at Points b and d, Clause 1, Article 9 of the Law on Value Added Tax are not applicable, including:
a) Technology transfer or transfer of intellectual property rights abroad.
b) Offshore reinsurance services.
c) Credit extension services.
d) Transfer of capital.
dd) Derivative products.
e) Post and telecommunications services.
g) Export products specified in Clause 14, Article 4 of this Decree.
h) Tobacco, wine and beer imported and then exported.
i) Petrol and oil purchased inland for sale to business establishments in non-tariff zones; cars sold to organizations and individuals in non-tariff zones.
k) Services provided in Vietnam to overseas organizations and individuals are as follows: sports competitions, art performances, culture, entertainment, conferences, hotels, training, advertising, travel tourism; services provided in association with the sale, distribution and consumption of products and goods in Vietnam; non-cash payment services.
l) Services provided by business establishments to organizations and individuals in non-tariff zones, including: leasing houses, halls, offices, hotels, warehouses; transportation services for workers; catering services (except for services providing industrial meals and catering services in non-tariff zones).
5. Goods and services sold or supplied to organizations in non-tariff zones and consumed in non-tariff zones in direct service of export production activities specified in Clauses 1 and 2 of this Article are goods and services consumed in non-tariff zones in service of export production activities of organizations in non-tariff zones and not serving other activities other than export production activities, except for the goods and services specified in Clause 4 of this Article.
6. The Ministry of Finance shall detail this Article in case of necessity for the performance of the state management function.
Exported goods and services subject to the 0% tax rate specified in Article 17 of this Decree (except for some special cases specified in Articles 27 and 28 of this Decree) must satisfy the following provisions:
1. For exports, there must be:
a) The contract for sale or processing of exported goods (for cases of sale or processing); export entrustment contract (in case of export entrustment).
b) Vouchers of non-cash payment for exported goods.
c) A customs declaration as prescribed.
2. For export services, except for the provisions of Clauses 3, 4 and 5 of this Article, there must be:
a) Service provision contracts with organizations and individuals abroad or in non-tariff zones.
b) Vouchers of non-cash payment for export services.
3. For international transport, there must be:
a) The contract for carriage of passengers, luggage and goods between the carrier and the hirer for international carriage from Vietnam to abroad or from abroad to Vietnam or both the departure point and the destination abroad in forms in accordance with law. For passenger transportation, the contract of carriage is a ticket. International transport business establishments shall comply with the provisions of the law on transport.
b) Non-cash payment vouchers. For the case of transporting passengers who are individuals, there are direct payment vouchers.
4. For services of the aviation industry, there must be:
a) Service provision contracts with overseas organizations or foreign airlines or requests for service provision of overseas organizations or foreign airlines.
b) Non-cash payment vouchers. In case the services provided to foreign organizations and foreign airlines arise irregularly, not according to schedules and without contracts, there must be direct payment documents of foreign organizations and foreign airlines.
The provisions on contracts and payment documents mentioned in this Clause do not apply to passenger service charges for passengers traveling on international flights from Vietnamese airports.
Particularly for aircraft repair services provided to foreign organizations and individuals, in order to be eligible for the 0% tax rate, aircraft brought into Vietnam must carry out procedures for temporary import and re-export as prescribed.
5. For services of the maritime sector, there must be:
a) Service provision contracts with overseas organizations or ship agents or requests for service provision of overseas organizations or ship agents.
b) Non-cash payment vouchers of overseas organizations or non-cash payment vouchers of ship agents for service providers.
Particularly for ship repair services provided to foreign organizations and individuals, in order to be eligible for the 0% tax rate, ships brought into Vietnam must carry out procedures for temporary import and re-export as prescribed.
The tax rate of 5% applies to goods and services specified in Clause 2, Article 9 of the Law on Value-Added Tax. Some cases are detailed as follows:
1. Fertilizers and ores for the production of fertilizers, pesticides and livestock growth stimulants in accordance with law, in which: ores for fertilizer production are ores used as raw materials for fertilizer production such as apatite ore used for the production of phosphate-containing fertilizers, muddy soil as microbial fertilizer; pesticide products shall comply with the law on plant protection and quarantine.
2. Services of excavation and dredging of canals, ditches, ponds and lakes in service of agricultural production; cultivating, caring for and preventing pests and diseases for plants; preliminary processing and preservation of agricultural products. In particular, preliminary processing and preservation of agricultural products include the following services: cleaning, drying, peeling, milling, crushing, crushing, peeling, peeling, peeling, peeling, seeding, stalking, cutting, grinding, polishing seeds, seeding, separating into parts, removing bones, chopping, etc peeling, crushing, lamination, salting, airtight canning, cold storage (chilling, freezing), storage with sulfur gas, storage by chemical method to avoid rot, soaking in sulfur solution or soaking in other preservative solution and other forms of conventional preservation.
3. Products of crops, planted forests (except timber and bamboo shoots), animal husbandry, aquaculture and fisheries that have not been processed into other products or have only been preliminarily processed normally, except for the products specified in Clause 1, Article 4 of this Decree.
4. Rubber latex in the form of centipede latex, latex sheet, vermicelli latex, latex nuggets; nets, ropes and yarn for knitting fishing nets. In particular, nets, ropes and yarns for knitting fishing nets include fishing nets, fibers and ropes specially used for knitting fishing nets regardless of production materials.
5. Jute, sedge, bamboo, bamboo, leaves, straw, coconut shells, coconut skulls, duckweed and other handicraft products produced with raw materials utilized from agriculture; cotton fibers that have been coarsely combed and combed; newspaper printing paper. In particular, products made of jute, sedge, bamboo, bamboo, leaves, straw, coconut shells, coconut skulls, duckweed and other handicraft products produced with raw materials taken advantage of agriculture are all types of products produced and processed from the main raw materials of jute, sedge, bamboo, bamboo, rattan, bamboo, bamboo, etc bamboo shoots, streams, leaves such as: jute carpets, jute yarns, jute sacks, coconut fiber carpets, mats made of jute and sedge; brooms, ropes, fasteners made of bamboo and coconut fiber; curtains and blinds made of bamboo, bamboo, bamboo brooms, cones; bamboo chopsticks, stream chopsticks.
6. Vessels exploiting aquatic resources in the sea area; specialized machinery and equipment for agricultural production. In particular, specialized machinery and equipment for agricultural production include: plows; harrowing machine; milling machine; slitting machine; original tarpaulin machine; field leveling equipment; seeders; implants; sugarcane planters; carpet plating production machine system; tillers, bed cultivators, spreaders, fertilizers, fertilizers; plant protection spray machines and bottles; harvesting machines for rice, corn, sugarcane, coffee, cotton; tubers, fruits, and roots harvesting machines; tea cutting machines, tea picking machines; rice threshing machine; corn kernel peeling machine; corn threshing machine; soybean threshing machine; peanut peeling machine; rubbing coffee pods; machines and equipment for preliminary processing of coffee and wet rice; dryers for agricultural products (rice, corn, coffee, pepper, cashew...), aquatic products; machines for collecting and loading sugarcane, rice, and straw in the field; incubators and hatching machines for poultry eggs; grass harvesting machines, straw and grass balers; milking machines and other specialized machines.
The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding other special-use machines in service of agricultural production subject to the tax rate of 5% as prescribed in this Clause.
7. Medical devices in accordance with the law on management of medical devices; medicines for disease prevention and treatment; active ingredients and medicinal herbs are raw materials for the production of curative drugs and preventive drugs. In which:
a) Medical device means a device with an import license or a certificate of circulation registration or a written announcement of applicable standards of the medical device in accordance with the law on health or the list of exported medical devices, the quantity of goods according to the list of Vietnamese exports and imports promulgated by the Minister of Health in accordance with the law on management of medical equipment.
b) Medicines for disease prevention and treatment, including finished drugs and medicinal ingredients, except for functional foods; vaccines; medical biologicals, distilled water for the preparation of injections and infusions.
8. Traditional and folk performing arts activities are performing arts activities and folk performing arts in accordance with the law on performing arts and cultural heritage.
9. Children's toys; books of all kinds, except for those specified in Clause 8, Article 4 of this Decree.
1. The payable VAT amount by the tax deduction method is equal to the output VAT amount minus the deductible input VAT amount.
2. The output value-added tax amount is equal to the total value-added tax amount of goods and services sold inscribed on the value-added invoices.
The value-added tax of goods and services sold shall be inscribed on the value-added invoice equal to the taxable price of the taxable goods or services sold multipliced by the value-added tax rate of such goods or services.
In case of using an invoice inscribed with the payment price as the VAT-inclusive price, the output value-added tax shall be determined as the payment price minus the value-added tax calculation price determined according to the provisions of Clause 2, Article 9 of this Decree.
3. The deductible input VAT amount is equal to the total VAT amount inscribed on the value-added invoice for the purchase of goods or services, the VAT payment voucher of imported goods or the tax payment voucher for the case of purchase of services and satisfying the deduction conditions specified in Section 1. Section 2, Chapter III of this Decree. In particular, tax payment vouchers for the purchase of services shall comply with the provisions of Point a, Clause 2, Article 3 of this Decree, Clause 3, Article 4 of the Law on Value-Added Tax.
The tax deduction method applies to business establishments that fully comply with the accounting, invoices and vouchers regime in accordance with the law on accounting, invoices and vouchers, including:
1. Business establishments with an annual turnover from the sale of goods or provision of services of VND 1 billion or more, except for production and business households and individuals. In which:
a) The annual turnover determined by the business establishment itself shall be based on the total quota "Total turnover of goods and services sold subject to VAT" on the monthly value-added tax return of the tax period from November of the previous year to the end of the tax period of October of the current year; before the year of determination of the VAT calculation method or on the quarterly VAT return of the tax period from the 4th quarter of the previous year to the end of the tax period of the 3rd quarter of the current year, before the year of determination of the VAT calculation method. The period of stable application of the tax calculation method is 02 consecutive years.
b) In case a business establishment is newly established in the year and its production and business activities in the year are less than 12 months, the estimated turnover of the year shall be determined as follows: the total index of "Total turnover of goods and services sold subject to VAT" on the VAT declaration of the tax period of each month of production operation, business divided by (:) the number of months of production and business activities and multiplied by (x) 12 months. In case according to the above determination, the estimated turnover is VND 1 billion or more, the business establishment shall apply the tax deduction method. In case the estimated turnover according to the above determination method is less than VND 1 billion, the business establishment shall apply the method of direct calculation according to the turnover in 02 years, except for the case where the business establishment voluntarily registers to apply the tax deduction method.
c) In case the business establishment temporarily suspends production and business for the whole year, it shall be determined according to the turnover of the year preceding the year of suspension of production and business. For business establishments that temporarily suspend production and business for a period of time in a year or the previous year, the turnover shall be determined according to the number of months and quarters of actual production and business as in case of production and business activities of less than 12 months specified at Point b of this Clause.
2. Business establishments shall voluntarily apply the tax deduction method, except for production and business households and individuals. In which:
a) An enterprise, cooperative or union of cooperatives in operation with an annual turnover from the sale of goods or provision of value-added taxable services of less than VND 1 billion has fully implemented the accounting regime, books, invoices and vouchers in accordance with the law on accounting, invoices and vouchers.
b) Newly established enterprises from investment projects of operating business establishments shall pay VAT by the tax deduction method.
c) Newly established enterprises that invest under investment projects approved by competent authorities are subject to voluntary registration of application of the tax deduction method.
d) Newly established enterprises, cooperatives or unions of cooperatives whose investment projects are not subject to approval by competent authorities in accordance with the law on investment but have investment plans approved by competent persons of enterprises issuing investment decisions are subject to registration for application of the tax deduction method.
dd) The newly established enterprise, cooperative or union of cooperatives has invested, procured, received capital contributions with fixed assets, machinery, equipment, tools and instruments or has a contract for leasing a business location.
e) Foreign organizations having permanent establishments in Vietnam, overseas individuals who are residents of Vietnam and generating revenue in Vietnam.
g) Other economic organizations that can account input and output VAT, excluding enterprises, cooperatives and cooperative unions.
3. Foreign organizations and individuals providing goods and services for the purpose of prospecting, exploration and development of oil and gas fields and oil and gas exploitation shall pay tax by the tax deduction method declared, deducted or paid on behalf of the Vietnamese party.
4. Newly established branches of enterprises that are paying VAT by the tax deduction method (including branches established from investment projects of enterprises) in case of separate VAT declaration in accordance with the law on tax administration shall determine the tax calculation method of the branch according to the tax calculation method of the enterprise are in operation.
1. The payable VAT amount by the method of direct calculation on the added value is equal to the added value multiplied by the value-added tax rate applicable to the purchase, sale and processing of gold, silver and gems.
2. The added value of the purchase, sale and processing of gold, silver and gems is determined by the payment price of the gold, silver and gems sold minus the payment price of the corresponding purchased gold, silver and gems. In which:
a) The payment price of the sold gold, silver or gemstone is the actual selling price stated on the gold, silver or gemstone sale invoice, including the processing fee (if any), value-added tax and additional surcharges and fees to which the seller is entitled.
b) The payment price of purchased gold, silver and gems is determined by the value of the purchased or imported gold, silver and gems, inclusive of value-added tax used for the purchase, sale and processing of gold, silver and gems sold respectively.
3. In case a business establishment engages in the purchase, sale or processing of gold, silver or gems, it must separately account such activities for tax payment by the method of direct calculation on added value.
4. In case a negative (-) added value of gold, silver or gems arises in the tax period, it shall be offset against the positive (+) added value of gold, silver or gems. In case there is no positive (+) added value or the positive (+) added value is insufficient to offset the negative (-) added value, it shall be carried forward to be deducted from the added value of the following period in the year. At the end of the calendar year, the negative (-) added value is not carried forward to the next year.
1. Input VAT on goods and services used for the production and trading of goods and services subject to VAT shall be deducted in its entirety, including the non-compensated input VAT on goods and services subject to VAT loss. Goods are naturally lost due to the physicochemical nature of transportation. Business establishments must have sufficient dossiers and documents proving cases of losses not compensated for tax deduction. In case the law provides for natural loss norms, business establishments are entitled to deduct input VAT amounts of goods actually lost in excess of the loss norms as prescribed, input VAT amounts of goods in excess of loss norms are not eligible for tax deduction.
2. Input VAT on goods (including fixed assets) and services used simultaneously for the production and trading of taxable and non-taxable goods and services shall only be deducted from the input VAT amount on goods and services used for production and trading in goods and services subject to value-added tax. Business establishments must separately account the deductible and non-deductible input value-added tax; In case it is not possible to account separately, the deductible input VAT amount shall be calculated according to the percentage between the turnover of goods and services subject to VAT and the total turnover of goods and services sold in the tax period. In which:
a) Total turnover of goods and services sold includes turnover of goods and services subject to VAT; turnover of goods and services not subject to VAT; the added value of the purchase, sale and processing of gold, silver and gems (except for the case of negative added value (-)) and the turnover of goods and services specified in Clause 2, Article 40 of this Decree (if any). Particularly for foreign currency trading and securities trading, revenue is the difference between the selling price and the buying price (except for the case of negative difference (-)).
b) For investment projects that invest in both the production and trading of goods and services subject to VAT and the production and trading of goods and services not subject to VAT, the input VAT amount of fixed assets in the capital construction investment period shall be temporarily deducted according to the ratio (%) between turnover of goods and services subject to VAT compared to the total turnover of goods and services sold under the production and business plan of the business establishment, the temporarily deducted tax amount shall be adjusted according to the ratio (%) between the turnover of goods and services subject to VAT compared to the total turnover of goods, services sold in 03 years from the first year of revenue. In case after the adjustment of the deducted VAT amount leads to a reduction in the refunded VAT amount (if any), the difference in VAT amount due to the adjustment and reduction must be remitted to the state budget in accordance with the law on tax administration. Business establishments shall not be sanctioned for tax administrative violations for the difference in value-added tax amounts due to reduced adjustments.
3. Input value-added tax on goods and services sold to organizations and individuals using humanitarian aid or non-refundable aid shall be fully deducted.
4. Input value-added tax on goods and services used for oil and gas field prospection, exploration and development activities shall be fully deducted.
5. Input value-added tax arising in any month or quarter shall be declared and deducted when determining the payable tax amount of that month or quarter, regardless of whether it has been exported or still in storage. The input value-added tax amount which has not been fully deducted in the month or quarter shall be deducted in the following month or quarter.
6. In case a business establishment detects that the input value-added tax amount when declaring or deducting is incorrect or defective, it may declare tax before the tax authority or competent agency announces the decision on tax examination or inspection as follows:
a) The taxpayer makes an additional declaration in the month or quarter in which the input VAT amount is incorrect or erroneous if the tax declaration in the month or quarter in which the input VAT amount is incorrect or erroneous causes an increase in the payable tax amount or a decrease in the refundable tax amount of the month. that quarter; taxpayers must fully pay the additional payable tax amount or have the corresponding refunded tax amount recovered and pay late payment interest into the state budget (if any).
b) Taxpayers who declare in a month or quarter detect errors or errors if the tax declaration is made in the month or quarter in which input VAT is incurred, which reduces the payable tax amount or only increases or decreases the deductible VAT amount carried forward to the month. next quarter.
7. Input VAT on goods (including goods purchased from abroad or goods produced by business establishments) used by business establishments for giving, donating, donating, promoting or advertising shall be deducted.
8. The value-added tax amount already paid under the tax assessment decision of the customs authority shall be deducted in full, except for cases where the customs office sanctioned tax fraud or evasion.
9. If a business establishment assigns a project management board or branch to directly implement and manage an investment project, declare value-added tax on an investment project or business establishment to pay a number of expenses for the implementation of an investment project, the project management board branches are entitled to input VAT deduction according to value-added invoices in the name of business establishments. Business establishments are not allowed to deduct input VAT on value-added invoices that have been declared and deducted by project management boards or branches.
10. Business establishments that pay VAT by the direct calculation method when switching to tax payment by the tax deduction method shall be entitled to deduct VAT on purchased goods and services arising from the first period of tax declaration and payment by the tax deduction method.
11. Business establishments that pay VAT by the tax deduction method when switching to tax payment by the direct calculation method may calculate the value-added tax amount of purchased goods and services incurred during the tax payment period by the tax deduction method but have not yet fully deducted in the last tax period before the conversion of the tax calculation method expenses for calculating corporate income tax or included in the historical cost of fixed assets in accordance with the law on corporate income tax, except for the value-added tax amount of goods and services purchased each time with a value of VND 5 million or more without non-cash payment vouchers.
12. For goods and services transferred from non-value-added tax subjects to value-added tax subjects under the provisions of the Law on Value-Added Tax, business establishments may only declare and deduct input value-added tax on goods, services used for the production and trading of goods and services subject to value-added tax arising from July 1, 2025.
13. Business establishments shall not be allowed to deduct input VAT on fixed assets, machinery and equipment in the following cases:
a) Fixed assets, special-use machinery and equipment in service of the production of defense and security products.
b) Fixed assets, machinery and equipment of credit institutions, reinsurance, life insurance, securities trading enterprises, medical examination and treatment establishments and training institutions.
c) Aircraft, helicopters, civil gliders and yachts not used for the purpose of transporting goods, passengers, tourism or hotels.
The non-deduction specified in this Clause includes input value-added tax on leasing activities and expenses for repair of fixed assets, machinery and equipment (if any).
14. Offices of corporations and corporations not directly engaged in business activities and affiliated administrative and non-business units such as hospitals, dispensaries, nursing homes, institutes and training schools,... who are not value-added tax payers shall not be entitled to deduct input VAT on purchased goods and services in service of the operation of these units. In case these units have activities of trading in goods and services subject to VAT, they must register and declare and pay VAT separately for activities of trading in goods and services subject to VAT.
15. Business establishments that fail to satisfy the provisions on tax deduction in Sections 1 and 2, Chapter III of this Decree and invoices and vouchers made from acts strictly prohibited in Article 13 of the Law on Value-Added Tax shall not be eligible for VAT deduction.
16. For the non-deductible input value-added tax amount, the business establishment shall be included in expenses for enterprise income tax calculation or into the historical cost of fixed assets in accordance with the law on enterprise income tax, except for the value-added tax amount on goods, services purchased each time with a value of VND 5 million or more without non-cash payment vouchers.
The VAT deduction in some cases specified at Point g, Clause 1, Article 14 of the Law on Value Added Tax shall be implemented as follows:
1. For goods and services formed into fixed assets in service of employees:
a) Input value-added tax on goods and services formed into fixed assets in service of laborers in production and business areas and houses and health stations for workers working in industrial parks shall be fully deducted.
b) In case a business establishment leases houses to workers working in industrial parks, the value-added tax on the house rent shall be deducted as prescribed. In case a business establishment builds or buys houses outside industrial parks in service of workers working in industrial parks, construction houses or purchased houses, the value-added tax of the construction houses or purchased houses serving workers shall be deducted in full. Houses for workers specified at this Point must meet the housing conditions for workers in industrial parks in accordance with the law on housing.
c) In case the foreign experts are still employees of the overseas enterprise, are transferred by the overseas enterprise, are paid salaries by the overseas enterprise and enjoy the regimes of the overseas enterprise during the period of working in Vietnam, between the overseas enterprise and the business establishment in Vietnam that has a written contract clearly stating that if a business establishment in Vietnam has to bear accommodation expenses for foreign experts during the working period in Vietnam, the value-added tax on the rent for foreign experts working in Vietnam paid by the business establishment in Vietnam shall be deducted; In case a business establishment has foreign experts who come to Vietnam to work, hold managerial positions in Vietnam, or enjoy salaries in Vietnam under labor contracts signed with business establishments in Vietnam, business establishments shall not be allowed to deduct VAT on the rent for these foreign experts.
2. In case of capital contribution with assets in which the contributed assets are newly purchased or unused assets and have lawful invoices accepted by the delivery and receipt councils of contributed capital, the value of contributed capital shall be determined according to the value inscribed on the invoices, including VAT. The recipient of contributed capital is entitled to deduct VAT inscribed on the asset purchase invoice of the capital contributor.
3. For goods and services purchased in the form of authorization, business establishments may deduct VAT on goods and services purchased in the form of authorization to other organizations or individuals whose invoices bear the names of authorized organizations or individuals, including the following cases:
a) The insurer authorizes the insured to repair the property; expenses for repairing assets and spare parts and supplies and spare parts with value-added invoices bearing the name of the insured and the insurer making payment to the insured under the insurance contract, the insurer shall be entitled to deduct VAT corresponding to the insurance indemnity paid according to the value-added invoice in the name of the insured; in case the insurance indemnity paid by the insurer to the insured is valued at VND 5 million or more, non-cash payment must be made.
b) Before the establishment of the enterprise, the founders authorize the organization or individual in writing to pay for a number of expenses for the procurement of goods, supplies and other expenses related to the establishment of the enterprise, the enterprise shall be entitled to deduct input VAT according to the value-added invoice in the name of the organization. authorized individuals and must make non-cash payments to authorized organizations and individuals for invoices valued at VND 5 million or more.
4. For fixed assets being passenger cars with 09 seats or less (except for cars used in the business of transporting goods, passengers, tourism and hotels; cars used for making samples and test drives for automobile business) with a value exceeding VND 1.6 billion (price exclusive of VAT), the value-added tax amount inputs are deducted corresponding to the value of up to 1.6 billion VND.
5. For production and business establishments that organize closed production and centralized accounting and use products not subject to VAT through all stages to produce goods subject to VAT, the input VAT amount at all stages shall be deducted in full.
Business establishments must have value-added invoices of purchased goods and services or VAT payment vouchers at the import stage or VAT payment vouchers on behalf of the foreign party as prescribed at Point a, Clause 2, Article 14 of the Law on Value-Added Tax (including VAT payment vouchers in billions % multiplied by revenue on behalf of the foreign side).
Business establishments must have non-cash payment vouchers for purchased goods and services (including imported goods) of VND 5 million or more, inclusive of VAT. In which:
1. Non-cash payment vouchers are documents proving the non-cash payment in accordance with the Government's Decree No. 52/2024/ND-CP dated May 15, 2024 on non-cash payments, except for documents where the buyer pays cash into the seller's account.
2. Some specific cases specified at Point b, Clause 2, Article 14 of the Law on Value-Added Tax include:
a) In case goods and services purchased by the method of clearing between the value of purchased goods or services and the value of goods sold or borrowed goods and services for which this payment method is specified in the contract, there must be a record of data comparison and certification between the two parties of the clearing between goods, buying services with goods, selling services, borrowing goods. In case of debt clearing through a third party, there must be a record of debt clearing of the three parties as a basis for tax deduction.
b) In case goods and services are purchased by debt clearing such as borrowing or borrowing money; for deduction of debts through a third party and this payment method is specified in the contract, there must be a loan or borrowing contract in the form of a document made before and a voucher of money transfer from the lender's account to the borrower's account, borrowing for loans or borrowing in cash, including cases of clearing between the value of purchased goods and services and the amount of money that the seller supports the buyer, or asks the buyer to pay for it.
c) In case the purchased goods or services are paid by authorization through a third party for non-cash payment (including the case where the seller requests the buyer to make non-cash payment to a third party designated by the seller), the payment under authorization or payment to a third party designated by the seller must be specified in the contract under
the form of the document and the third party is an organization or natural person operating in accordance with the provisions of law.
d) In case goods and services are purchased by the method of payment for goods and services in stocks or bonds and this payment method is specified in the contract, there must be a purchase and sale contract in the form of a document made earlier.
dd) If, after making the forms of payment specified at Points a, b, c and d of this Clause, the remaining value is paid in cash with a value of VND 5 million or more, tax shall be deducted only in case of non-cash payment vouchers.
e) In case purchased goods and services are paid non-cash into a third party's account opened at the State Treasury for enforcement by the measure of collection of money or assets held by other organizations or individuals (according to decisions of competent state agencies), the equivalent input VAT shall be deducted corresponding to the amount of money transferred to the account of a third party opened at the State Treasury.
g) For goods and services purchased with deferred payment or installment payment with a value of VND 5 million or more, business establishments shall base themselves on the written contracts for purchase of goods and services, value-added invoices and non-cash payment vouchers of goods, deferred payment and installment purchase services to deduct input VAT. In case there is no non-cash payment voucher because the time of payment under the contract or contract appendix has not yet arrived, the business establishment is still entitled to input VAT deduction. In case by the time of payment under the contract or contract appendix, the business establishment does not have non-cash payment vouchers, the business establishment must declare and adjust the reduction of the deductible input VAT amount for the value of goods. services without non-cash payment vouchers in the tax period incurring payment obligations under contracts and contract appendices.
h) In case the value of goods and services imported each time is less than VND 5 million, goods and services purchased each time according to the invoice are less than VND 05 million at the value-added tax price, and in case the business establishment imports goods as gifts, gifts and samples that do not have to be paid by overseas organizations and individuals do not need non-cash payment vouchers for purchased goods and services.
i) In case goods and services purchased in service of the production and trading of goods and services subject to VAT are authorized to be paid non-cash by employees of the business establishment in accordance with the financial regulations or internal regulations of the business establishment, after that, the business establishment shall pay back to the employee in the form of non-cash payment, the input VAT shall be deducted.
3. In case of purchasing goods or services from a taxpayer with a value of less than VND 05 million but purchasing multiple times in the same day with a total value of VND 5 million or more, tax deduction is only allowed for cases where there are non-cash payment vouchers.
For exported goods and services, in addition to the conditions specified in Articles 25 and 26 of this Decree, there must also be a contract signed with a foreign party on the sale and processing of goods and provision of services; invoices for sale of goods and provision of services; non-cash payment vouchers; customs declarations for exported goods (except for cases where customs declarations are not required in accordance with the law on customs); packing slips, bills of lading, cargo insurance documents (if any). In which:
1. For contracts for sale of goods, processing of goods or provision of services to foreign parties (importers): in case of export entrustment, it is the export entrustment contract and the record of liquidation of the export entrustment contract (in case the contract has been terminated) or the record of periodic debt reconciliation between the export entrusting party and the export entrustee clearly inscribed: quantity, type of products, value of exported entrusted goods; the number and date of the export contract signed by the export entrusted party with the foreign party; the number, date and amount of money inscribed on the non-cash payment voucher with the foreign party of the export consignee; the number, date and amount inscribed on the payment voucher of the export entrustee to the export entrustee; the number and date of the customs declaration of exported goods of the export consignee.
2. For customs declarations of exported goods: declarations for which customs procedures have been completed in accordance with the law on customs.
3. For non-cash payment vouchers: vouchers of money transfer from the importer's account (or bank serving the importer) to an account in the name of the business establishment (exporter) opened at the bank in the forms of payment in accordance with the agreement in the contract and the bank's regulations. The money payment voucher is a notice issued by the exporting bank about the amount of money received from the importing bank's account. In case of deferred payment, there must be an agreement stated in the contract or annex to the export contract, and by the payment deadline, the exporter must have non-cash payment vouchers. In case of export entrustment, there must be non-cash payment vouchers of the foreign party for the entrustee, and the entrustee must have non-cash payment vouchers for exported goods to the entrusting party. In case the foreign party pays directly to the export entrusting party, the entrusting party must have non-cash payment vouchers and this payment must be specified in the contract. In case the exporter sells the receivables of the importer to a third party (the buyer of the receivables) abroad, there must be a non-cash payment voucher from the third party (the buyer of the receivables), such payment must be specified in the export contract and the contract for purchase and sale of receivables with the third party in the foreign; the exporter must make a written commitment and explanation of the reason why the payment amount is different from the amount payable under the export contract in accordance with the contract on purchase and sale of receivables. Except for some cases that do not have to meet the conditions for non-cash payment vouchers as follows:
a) In case the exported goods and services are paid against the foreign loan, the business establishment must fully meet the following conditions, procedures and dossiers: loan contract (for financial loans with a term of less than 01 year); or a loan registration certificate issued by the State Bank of Vietnam (for loans over 01 year); non-cash payment vouchers for remittance of money from foreign parties into Vietnam. The method of payment for exported goods and services deducted from foreign loan debts must be specified in the export contract; the foreign party's certification of the offset of the loan debt; in case there is a difference after deducting the value of exported goods or services from foreign loan debts, the difference amount must be accompanied by non-cash payment vouchers.
b) In case the exporting business establishment uses the payment for exported goods and services to contribute capital to the overseas importer, the business establishment must fully meet the following conditions, procedures and dossiers: capital contribution contract; the use of money for payment for exported goods and services to contribute capital to the overseas importer must be stipulated in the export contract; in case the amount of capital contribution is smaller than the turnover of exported goods, the difference amount must be accompanied by non-cash payment vouchers.
c) In case a foreign party authorizes a third party being an overseas organization or individual to make payment, the payment under authorization must be specified in the export contract (contract appendix or contract adjustment document (if any)).
d) In case the foreign party requests a third party being an organization in Vietnam to settle debts with the foreign party by making non-cash payment of the amount payable by the foreign party to the exporting business establishment, and the request for clearing of the above-mentioned debts is specified in the export contract (Annex to the contract) or a written adjustment of the contract (if any)) and a payment voucher which is a credit notice of the exporting bank's receipt of the amount received from the third party's account, and at the same time, the exporter must have a debt reconciliation certified by the foreign party and the third party.
dd) In case the foreign party (importer) authorizes a third party being an overseas organization or individual to make payment; the third party requests the organization in Vietnam (the fourth party) to settle debts with the third party by making non-cash payment of the amount of money that the importer must pay to the exporter, the exporter must fully satisfy the following conditions and dossiers: the export contract (contract appendix or contract adjustment document (if any)) stipulating the authorization of payment and clearing of debts between the parties; payment voucher means a bank's credit notice of the amount of money received by the exporter from the fourth party's account; debt reconciliation certified by relevant parties (between the exporter and the importer, between a third party abroad and a fourth party being an organization in Vietnam).
e) In case the foreign party authorizes the representative office in Vietnam to make payment to the exporter's account and the above-mentioned payment authorization is specified in the export contract (contract appendix or contract adjustment document (if any)).
g) In case a foreign party (except for a foreign party being an individual) makes payment from a foreign party's current deposit account opened at credit institutions in Vietnam, such payment must be specified in the export contract (contract appendix or contract adjustment document (if any)). Payment documents are notices given by the exporting bank about the amount of money received from the current account of the foreign party that has signed the contract.
h) In case the foreign party being a private enterprise makes payment through the current account of the owner of the private enterprise opened at a credit institution in Vietnam and is specified in the export contract (contract appendix or contract adjustment document (if any)), it shall be determined as non-cash payment. In case a foreign buyer being a private enterprise enters through Vietnam's international border gates with a passport carrying foreign currency in cash or Vietnam dong in cash to be deposited into the current account of the owner of the private enterprise opened at a credit institution in Vietnam, he or she must declare the border-gate customs upon exit. enter the country according to the guidance of the State Bank of Vietnam.
i) In case the foreign party makes the non-cash payment but the payment amount on the non-cash payment voucher is not consistent with the payable amount as agreed upon in the contract or contract annex, if the payment amount on the non-cash payment voucher is smaller than the payable amount as agreed upon in the contract or contract annex, the business establishment must clearly explain the reasons such as: bank remittance fee, price reduction adjustment due to poor quality or shortage of goods (in this case, there must be a written agreement on price reduction between the importer and the exporter); If the payment amount on the non-cash payment voucher is greater than the payable amount as agreed upon in the contract or contract annex, the business establishment must clearly explain the reasons such as: one-time payment for many contracts, advance on goods; business establishments must commit to take responsibility before law for reasons of explanation to tax authorities and adjustment documents (if any).
k) In case the foreign party makes non-cash payment but the non-cash payment voucher is not in the name of the payable bank agreed upon in the contract, if the contents of the voucher clearly show the name of the payer, the beneficiary's name, the number of the export contract, the payment value in accordance with the signed export contract shall be accepted as a valid payment document.
l) In case the business establishment exports goods and services to a foreign party (second party), and at the same time imports goods and services with another foreign party or purchases goods with organizations or individuals in Vietnam (third party); If the business establishment has an agreement with the second party and the third party on the second party making non-cash payment to the third party of the amount that the business establishment still has to pay to the third party, the clearing of payment between the parties must be provided for in the export contract. import contract or purchase contract (contract appendix or contract adjustment document (if any)) and the business establishment must have a debt reconciliation certified by the relevant parties (between the business establishment and the second party, between the business establishment and the third party).
m) In case goods are exported abroad but for objective reasons, the foreign party refuses to receive the goods and the business establishment finds a new customer in the same country as the customer who signs the initial purchase and sale contract to sell the above goods lot, the deduction voucher includes the entire export dossier related to the export contract signed with the the original customer (contract, customs declaration for exported goods, invoices), the business establishment's official letter explaining the reason for the discrepancy in the name of the buyer (in which the business establishment commits to take responsibility for the accuracy of the information, ensure that there is no fraud), all export dossiers related to export contracts signed with new customers (contracts, sales invoices, non-cash payment documents as prescribed and other documents (if any)).
n) In case of labor export and the labor export business establishment collects money directly from the laborer, it must have the employee's money collection voucher.
o) In case of exporting goods and services to repay foreign debts to the Government, there must be a bank's certification of the export goods lot which has been accepted by the foreign party for debt cancellation or a set of documents sent to the foreign party for debt cancellation; payment vouchers shall comply with the guidance of the Ministry of Finance.
p) In case of export of goods or services paid in goods, it is the case of export of goods (including processing of exported goods) or services to a foreign party, but the payment between the exporting business establishment and the foreign party in the form of clearing between the value of goods, export services, remuneration for processing exported goods with the value of goods and services purchased from foreign parties. Exported goods and services paid in goods: the method of payment for exported goods in goods must be specified in the export contract; contracts for purchase of goods and services of foreign parties; having customs declarations on imports cleared against exported goods and services; certifying in writing to the foreign party the clearing payment amount between exported goods and services and imported goods and services purchased from the foreign party; In case after clearing the value of exported goods and services and the value of imported goods and services, there must be a non-cash payment voucher.
q) In case of exporting goods to bordering countries in accordance with the law on management of border trade activities with bordering countries, the guidance of the Ministry of Finance and the State Bank of Vietnam shall apply.
r) In case the foreign party becomes insolvent, the goods exporting business establishment must issue a written explanation clearly explaining the reasons and may use one of the following papers as a substitute for the non-cash payment voucher: the customs declaration of goods imported from Vietnam registered with the customs office in the country of import of goods (01 copy); or a petition to the court or a competent agency in the country of residence enclosed with a notice or a paper certifying the acceptance of the petition (01 copy); or a winning judgment of a foreign court for the business establishment (01 copy); or papers of a foreign competent organization certifying (or notifying) the foreign party of bankruptcy or insolvency (01 copy).
s) In case the exported goods are not of satisfactory quality and must be destroyed, the business establishment exporting the goods must issue a written explanation clearly explaining the reasons and may use the record of destruction (or papers certifying the destruction) of the overseas goods of the agency performing the destruction (01 copy); enclosed with non-cash payment vouchers for destruction costs borne by goods exporters or papers proving destruction costs under the responsibility of the importer or a third party (01 copy) to replace non-cash payment vouchers. In case the importer of goods has to carry out destruction procedures in a foreign country, the destruction record (or a paper certifying the destruction) shall contain the name of the importer.
t) In case of loss of exported goods, the business establishment exporting the goods must issue a written explanation clearly explaining the reason and may use one of the following papers to replace the non-cash payment voucher: a certificate of loss outside the Vietnamese border issued by the relevant competent agency (01 copy); or a record of determination of loss of goods in the process of transportation outside the Vietnamese border clearly stating the cause of loss (01 copy). If the goods exporting business establishment has received compensation for exported goods lost outside the Vietnamese border, it must enclose a non-cash payment voucher on the amount received (01 copy).
u) Copies of papers specified in this Clause must be certified by the business establishments exporting goods. In case the language used in the vouchers and certification papers of the third party substitutes for non-cash payment vouchers is not English or does not have English, there must be 01 notarized translation attached. In case related parties issue, use and store documents in electronic form, they must have paper prints. The goods exporter shall take full responsibility for the accuracy of papers substituted for non-cash payment vouchers in the cases specified in this Clause.
4. For invoices for sale of goods or provision of services: commercial invoices or value-added invoices in accordance with the law on invoices and documents.
Conditions for input VAT deduction for cases of exporting goods through overseas e-commerce platforms and a number of other specific cases other than the conditions for input VAT deduction specified in Articles 25 and 26 of this Decree. goods exporting establishments must have documents proving that they have exported and sold goods outside Vietnam. In which:
1. In case of exporting goods through overseas e-commerce floors: Goods exporting business establishments must have documents proving the sale of goods outside Vietnam such as: contracts signed with e-commerce exchange managers to sell goods on overseas e-commerce floors (sales transactions between business establishments and overseas buyers must fully meet the regulations on entering into contracts to use the online ordering function on overseas e-commerce platforms in accordance with the provisions of the commercial law, the law on e-commerce and the law on electronic transactions); invoices for sale of goods; non-cash payment vouchers (in case the goods exporter authorizes an intermediary organization that is the manager of the e-commerce trading floor to collect money on behalf of the overseas buyer, the authorized payment must be specified in the contract with the manager of the e-commerce trading floor); a declaration that customs procedures have been completed in accordance with the law on customs when sending goods abroad; documents proving delivery to overseas buyers; packing slips, bills of lading, cargo insurance documents (if any).
2. For the case of exporting goods sent at an overseas bonded warehouse: The goods exporting business establishment must have documents proving the sale of goods outside Vietnam, such as the goods export contract; export entrustment contracts; invoices for sale of goods; non-cash payment vouchers; a declaration that customs procedures have been completed in accordance with the law on customs when sending goods abroad; documents proving the delivery of goods to the overseas importer (declaration that customs procedures have been completed upon shipment of goods for delivery to the buyer of the sending country or documents proving that the goods have been sold at the bonded warehouse); packing slips, bills of lading, cargo insurance documents (if any).
3. In case of exporting goods at overseas fairs or exhibitions: Goods exporting business establishments must have documents proving the sale of goods outside Vietnam, such as non-cash payment vouchers, if collected and remitted to the country in cash in foreign currencies in the country where the fair is held, trade exhibitions and business establishments must have documents declaring to customs offices foreign currencies collected from the sale of goods remitted to the country and vouchers of remittance to banks in Vietnam.
4. For goods sold in the quarantine area to individuals (foreigners or Vietnamese) who have gone through exit procedures; goods sold at duty-free shops: Business establishments must have documents proving that goods have been sold in quarantine areas or duty-free shops; business establishments must have a list of goods sold to passengers exiting the quarantine area or duty-free shops according to the form in Appendix III issued together with this Decree.
5. For digital information content products provided to foreign parties: Business establishments providing services must have dossiers and documents proving that the services are consumed outside Vietnam as prescribed at Point d, Clause 3, Article 17 of this Decree and have non-cash payment vouchers.
6. For goods intermediated for export being goods intermediately processed under the provisions of the commercial law and the law on foreign trade management: export processing contracts and contract appendices (if any) signed with foreign countries, clearly stating the goods receiving establishments in Vietnam; the value-added invoice clearly stating the processing price and quantity of processed goods returned abroad (according to the price specified in the contract signed with the foreign party) and the name of the goods receiving establishment as designated by the foreign party; the transfer slip of the intermediate processed product (hereinafter referred to as the transition slip) with sufficient certification of the deliverer or the recipient of the intermediate processed product; goods processed to foreign countries must be paid non-cash in accordance with law; customs declarations shall comply with the provisions of the law on customs.
7. For the construction and installation of works abroad or in non-tariff zones: having a contract for construction and installation of works abroad or in non-tariff zones; having non-cash payment vouchers as prescribed by law.
8. In case goods and supplies are exported by business establishments for the execution of overseas construction works, other than those specified in Clause 7 of this Article, business establishments must satisfy the following conditions: customs declarations; exported goods and supplies must conform to the list of goods exported for overseas construction works approved by the director of the Vietnamese enterprise performing the overseas construction work; export entrustment contract (in case of export entrustment).
9. In case a business establishment has exported goods certified by a customs office but does not have sufficient other procedures and dossiers on conditions for input VAT deduction as prescribed for each specific case specified in this Section, it shall not be allowed to deduct input VAT. no output value-added tax shall be calculated. Particularly for goods processed in transit, if there are no sufficient procedures and dossiers on conditions for input VAT deduction as prescribed, VAT must be calculated and paid like goods for domestic consumption. For business establishments providing export services, if they do not meet the conditions for non-cash payment as prescribed, they shall not be allowed to deduct input value-added tax or calculate output value-added tax.
1. Business establishments that export goods or services in a month or quarter with an input VAT amount of VND 300 million or more that have not been fully deducted shall be refunded VAT on a monthly or quarterly basis, except for imported goods then exported to other countries. In which:
a) Subjects eligible for tax refund in a number of export cases are determined as follows: for cases of export entrustment, it is a business establishment that has goods entrusted for export; for transitional processing, it is a business establishment that signs an export processing contract with a foreign party; for goods exported for the execution of overseas construction works, it is a business establishment that has exported goods for the execution of overseas construction works.
b) Goods imported and then exported to other countries are goods imported into Vietnam by business establishments imported from abroad and then directly exported or entrusted for export, excluding goods being raw materials imported for production and processing of export goods.
2. Business establishments that have both exported goods and services and goods and services for domestic consumption in a month or quarter shall have to separately account the input value-added tax amounts used for the production and trading of exported goods and services; In case it is not possible to account separately, the input VAT amount of exported goods and services shall be determined according to the ratio between the turnover of exported goods and services to the total turnover of taxable goods and services of the tax refund period. The tax refund period is determined from the value-added tax period in which the input VAT amount has not been fully deducted continuously and has not yet been refunded to the tax period in which the tax refund is requested, the input VAT amount of exported goods and services (including the input VAT amount that can be separately accounted for and the tax amount the input added value is determined according to the above-mentioned ratio) if, after clearing with the remaining payable VAT amount of goods and services for domestic consumption, it is VND 300 million or more, the business establishment shall be entitled to tax refund for exported goods and services. The refundable value-added tax amount of exported goods and services must not exceed 10% of the turnover of exported goods and services in the tax refund period. The input VAT amount that has been determined for exported goods and services but has not yet been refunded because it exceeds 10% of the turnover of exported goods and services of the previous tax refund period shall be deducted in the next tax period to determine the refundable VAT amount of the goods. export services for the next tax refund period. The Ministry of Finance shall prescribe the method of determining the refundable value-added tax amount for exported goods and services.
1. Business establishments that have registered to pay VAT by the tax deduction method have investment projects (new investment projects, expansion investment projects) in accordance with the law on investment (including investment projects divided into many investment stages or many investment items, except for the case where the investment project does not form fixed assets of the enterprise) is in the investment stage or the oil and gas field exploration and development project is in the investment stage and the input VAT amount incurred in the investment stage has not yet been refunded, the business establishment shall offset the tax amount with the payable added value of ongoing production and business activities (if any). After clearing, if the input value-added tax amount of the investment project has not been fully deducted is VND 300 million or more, the value-added tax shall be refunded. In case the investment project has been completed (including the investment project divided into many stages, the investment item has been phased, the investment item has been completed) but the business establishment has not refunded the VAT incurred in the investment period (investment item, completed investment stage), the business establishment shall submit the VAT refund dossier as prescribed within 01 year from the date of the investment project or the date the investment stage or investment item is completed. The date of the investment project or the date of completion of the investment stage or item is the date on which the revenue of the investment project is generated or the date on which the revenue of the investment stage or item is generated. Turnover specified in this Article does not include revenue generated during the trial run period, revenue from financial activities, liquidation of raw materials of investment projects.
In case the business establishment is the owner of the investment project or assigns the project management board or branch to directly implement and manage the investment project, the newly established economic organization, the project management board or branch shall be entitled to deduction and refund of value-added tax for the investment project. Newly established economic organizations, project management boards and branches must offset the value-added tax amounts of goods and services purchased for use in investment projects against the payable value-added tax amounts of the business establishments' ongoing production and business activities, economic organizations and branches in the same tax period (if any). After clearing, if the input VAT amount of the investment project has not been fully deducted is VND 300 million or more, the VAT shall be refunded according to the provisions of this Article. When the investment project, investment stage or investment item has been completed, in case of a newly established economic organization, the project management board or branch shall not continue to manage and operate production and business activities but shall be directly managed by the investment project owner. operating production and business activities or assigning other business establishments to manage and operate production and business activities, the newly established economic organization, the project management board or branch must hand over the undeducted value-added tax amount of the investment project for handing over to the investment project owner or assigned business establishment management and operation of production and business activities in order to continue to declare and deduct for production and business activities in the tax period following the date of the investment project or the date of the completed investment stage or investment item.
In case the investment project is in the investment stage and has not yet been put into production and business activities but must terminate the operation of the investment project and the output VAT of the main production and business activities under the investment project has not yet been incurred, the business establishment must return the refunded VAT amount of the project to invest in the state budget in accordance with the law on tax administration; for the VAT amount that has not yet been refunded, the tax refund shall not be settled.
2. For investment projects of business establishments engaged in conditional business lines in the following cases, business establishments shall be entitled to VAT refund for investment projects under the provisions of Clause 1 of this Article:
a) Investment projects in the investment stage under the provisions of the investment law or specialized laws that have been granted business licenses for conditional business lines by competent state agencies in one of the forms: licenses or certificates or written certifications, approved.
b) Investment projects in the investment stage, according to the provisions of the investment law or specialized laws, are not required to request competent state agencies for issuance of business licenses for conditional business lines in one of the following forms: licenses or certificates or written certifications, approved.
c) Investment projects under the provisions of the investment law or specialized laws are not required to have a conditional business line business license in one of the forms: license or certificate or written certification or approval.
3. Business establishments are not entitled to VAT refund but may carry forward the undeducted tax amount of the investment project in accordance with the law on investment to the next period in the following cases:
a) The investment project of the business establishment fails to fully contribute the charter capital as registered at the time of submission of the tax refund dossier.
b) Investment projects of business establishments engaged in conditional business lines when the business conditions are not fully satisfied as prescribed by the law on investment, except for the case specified in Clause 2 of this Article.
c) An investment project of a business establishment in a conditional business line that fails to ensure the full maintenance of business conditions in the course of operation is an investment project of a business establishment in a conditional business line but in the course of operation, the business establishment has one of the business licenses revoked, conditional business investment lines: licenses or certificates or written confirmations and approvals; or in the course of operation, if the business establishment fails to meet the conditions for conditional business investment as prescribed by the law on investment, the time of non-refund of VAT shall be counted from the time the business establishment is revoked from one of the above-mentioned papers or from the time the competent state agency the right to inspect and detect that business establishments do not meet the conditions on conditional business investment.
d) Investment projects on exploitation of natural resources and minerals (excluding projects on prospection, exploration and development of petroleum fields specified in Clause 1 of this Article) and investment projects on production of exploited natural resources and minerals processed into other products specified in Clause 14, Article 4 of this Decree.
Business establishments that only produce goods or provide services are subject to the VAT rate of 5% if they have an input VAT amount of VND 300 million or more that has not been fully deducted after 12 consecutive months or 04 consecutive quarters, they shall be entitled to a VAT refund. In case a business establishment producing goods or providing services is subject to different VAT rates, the business establishment must separately account the input VAT amount used for the production of goods or providing services subject to the VAT rate of 5%. For input value-added tax amounts used concurrently for the production of goods and provision of services subject to the VAT rate of 5% and used for the production and trading of goods and services subject to many other tax rates (including goods subject to the VAT rate of 5% for commercial business), if they cannot be separately accounted the amount of input value-added tax used for the production of goods or provision of services subject to the VAT rate of 5% shall be determined according to the ratio between the turnover of goods production activities and the provision of services subject to the VAT rate of 5% to the total turnover of goods. taxable services of the tax refund period. The tax refund period is determined from the value-added tax period according to the value-added tax rate of 5% with the input value-added tax amount that has not been fully deducted and not yet refunded continuously to the tax period in which the tax refund is requested, the input value-added tax amount used for the production of goods, provision of services subject to the value-added tax rate of 5% (including the separately accounted input value-added tax amount and the input value-added tax amount determined according to the above-mentioned rate) if after clearing with the payable value-added tax amount of goods, taxable services (if any) remaining of VND 300 million or more, business establishments shall be refunded input VAT used for the production of goods and services subject to VAT rate of 5%. The Ministry of Finance shall prescribe the method of determining the refundable value-added tax amount for the production of goods and provision of services subject to the VAT rate of 5%.
Business establishments that pay VAT by the tax deduction method are entitled to VAT refund upon dissolution or bankruptcy with overpaid VAT amounts or input VAT amounts that have not been fully deducted (except for cases where business establishments dissolve and terminate the operation of investment projects specified in Clause 1) Article 30 of this Decree). Business establishments must comply with the provisions of law on dissolution, bankruptcy and tax administration. In case a branch of an enterprise paying VAT by the method of tax deduction is dissolved or a cooperative group paying tax by the tax deduction method is transformed into a cooperative or a union of cooperatives, the enterprise, cooperative or union of cooperatives may inherit the overpaid VAT amount or the input VAT amount that has not yet been shall be fully deducted from the cooperative group or branch for tax deduction and refund as prescribed.
Foreigners and overseas Vietnamese (except for members of flight crews in accordance with the law on aviation, members of crew members in accordance with the law on navigation) holding passports or papers valid for international travel shall be entitled to tax refund for goods purchased in Vietnam upon exit. Dossiers, procedures, refundable tax amounts and methods of tax refund for the cases specified in this Clause are specified in Appendix IV promulgated together with this Decree.
The VAT refund for programs and projects funded by non-refundable official development assistance (ODA) or non-refundable aid and humanitarian aid is prescribed as follows:
1. Program or project owners or principal contractors (including executive offices of principal contractors in Vietnam), organizations appointed by foreign donors for the management of ODA-funded programs and projects (including representative offices of donors or managing organizations, implementation of programs or projects designated by donors) shall be refunded the VAT amount paid for goods and services purchased in Vietnam in service of the program or project.
2. Organizations in Vietnam that use non-refundable aid money or humanitarian aid money from foreign organizations or individuals to purchase goods or services in service of non-refundable aid or humanitarian aid programs or projects in Vietnam shall be refunded the value-added tax amounts paid on goods. that service.
Subjects entitled to diplomatic privileges and immunities in accordance with the law on diplomacy purchase goods and services in Vietnam for use are entitled to a refund of the paid VAT amount inscribed on the value-added invoice or on the payment voucher inscribed with the payment price with VAT.
Business establishments that have decisions on VAT refund issued by competent agencies in accordance with law and in case of VAT refund under treaties to which the Socialist Republic of Vietnam is a contracting party.
Business establishments subject to tax refund specified in this Section must satisfy the following conditions:
1. Business establishments eligible for tax refund under the provisions of Articles 29, 30, 31 and 32 of this Decree must be business establishments that pay value-added tax by the tax deduction method, make and keep accounting books and accounting vouchers in accordance with the law on accounting; having a deposit account at a bank according to the tax identification number of the business establishment.
2. Satisfy the regulations on input VAT deduction as prescribed in Section 2, Chapter III and not fall into the cases specified in Clause 15, Article 23 of this Decree.
3. Sellers who have declared and paid VAT as prescribed for invoices issued to business establishments requesting tax refund are determined as follows:
a) At the time the business establishment submits the tax refund dossier, the seller has submitted the VAT declaration dossier as prescribed and no longer owes the VAT amount of the tax period corresponding to the tax period of the tax refund period of the business establishment requesting tax refund.
b) The tax administration agency at the time the business establishment submits the tax refund dossier on the basis of the processing result of the automatic information technology system to determine the seller who has declared and paid VAT as prescribed.
c) In case it is determined that the seller has not fully submitted the VAT declaration dossier of the tax period corresponding to the tax period of the tax refund period of the business establishment (including the case where the deadline for submission of tax declaration dossiers has not yet arrived) or still owes the VAT amount of the tax period corresponding to the tax period of the tax refund period the business establishment shall not be entitled to tax refund for invoices corresponding to the tax period, the seller has not fully submitted the VAT declaration dossier or still owes the VAT amount.
4. At the time the business establishment submits the tax refund dossier, the business establishment in the case of VAT refund, has an input VAT amount that fully satisfies the conditions for tax refund as prescribed in this Section and complies with the regulations on tax declaration in accordance with the law on tax administration. make a VAT refund dossier for each case of VAT refund and send it to the receiving tax authority. The tax authority shall classify VAT refund dossiers eligible for tax refund or inspection before tax refund and settle VAT refund dossiers in accordance with the law on tax administration.
1. This Decree takes effect from July 1, 2025.
2. This Decree replaces the following:
a) The Government's Decree No. 209/2013/ND-CP dated December 18, 2013 detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax.
b) The Government's Decree No. 49/2022/ND-CP dated July 29, 2022 amending and supplementing a number of articles of the Government's Decree No. 209/2013/ND-CP dated December 18, 2013 detailing and guiding the implementation of a number of articles of the amended Law on Value-Added Tax, supplementing a number of articles according to Decree No. 12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 146/2017/ND-CP.
c) Stipulating the determination of products with the total value of natural resources and minerals plus energy costs accounting for 51% or more of the product cost at Point a, Clause 1, Article 11 and Clause 2, Article 15 of the Government's Decree No. 134/2016/ND-CP dated September 1, 2016, detailing a number of articles and measures to implement the Law on Export Tax, import tax (amended and supplemented in the Government's Decree No. 18/2021/ND-CP dated March 11, 2021 amending and supplementing a number of articles of the Government's Decree No. 134/2016/ND-CP dated September 1, 2016 detailing a number of articles and measures to implement the Law on Export Tax, import tax), Point b, Clause 2, Article 4 and Form No. 14, Appendix II promulgated together with the Government's Decree No. 26/2023/ND-CP dated May 31, 2023 on export tariffs, preferential import tariffs, lists of goods and absolute tax rates, mixed taxes and import taxes outside tariff quotas as prescribed in Appendix V promulgated enclosed with this Decree.
3. To annul the provisions in:
a) Article 2 of the Government's Decree No. 91/2014/ND-CP dated October 01, 2014 amending and supplementing a number of articles in Decrees on taxation.
b) Article 3 of the Government's Decree No. 12/2015/ND-CP dated February 12, 2015 detailing the implementation of the Law amending and supplementing a number of articles of tax laws and amending and supplementing a number of articles of tax decrees.
c) Article 1 of the Government's Decree No. 100/2016/ND-CP dated July 01, 2016 detailing and guiding the implementation of a number of articles of the Law amending and supplementing a number of articles of the Law on Value Added Tax, the Law on Excise Tax and the Law on Tax Administration.
d) Article 1 of the Government's Decree No. 146/2017/ND-CP dated December 15, 2017 amending and supplementing a number of articles of Decree No. 100/2016/ND-CP dated July 1, 2016 and the Government's Decree No. 12/2015/ND-CP dated February 12, 2015.
4. In case the legal documents referred to in this Decree are amended, supplemented or replaced, such amended, supplemented or replaced documents shall apply.
1. For investment projects that have been invested before July 1, 2025 but are still in the investment stage from the effective date of this Decree, the provisions on tax refund for investment in Article 30 of this Decree shall apply.
2. Regulations on VAT refund for the production of goods and provision of services subject to the VAT rate of 5% specified in Article 31 of this Decree shall apply to the input VAT amount which has not yet been fully deducted for use in the production of goods. providing services subject to the VAT rate of 5% arising from the effective date of this Decree.
3. The provisions of Clause 3, Article 37 of this Decree apply to the tax period from July 2025 or the 3rd quarter of 2025.
1. The Ministry of Finance shall detail the articles and clauses assigned in the Decree and guide the implementation of this Decree according to its functions and tasks to meet management requirements.
2. The Ministry of Finance shall specify goods and services not governed by this Decree and the Law on Value-Added Tax.
3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial-level People's Committees and relevant agencies, organizations and individuals shall be responsible for the implementation of this Decree.
Hanoi, July 1, 2025
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc
| Legal document in Vietnamese |
|---|
ND181_01072025CP.pdf |
| Legal document in English |
|---|
ND181_01072025CP_En.pdf |
| Issued date | Effective date | Expired date |
|---|---|---|
| 01/07/2025 | 01/07/2025 |
| Document name | Issued date | Effective date | Expired date |
|---|---|---|---|
| aaa_48/2024/QH15 | 26/11/2024 | 01/07/2025 |
| Document name | Issued date | Effective date | Expired date |
|---|---|---|---|
| 359/2025/NĐ-CP | 31/12/2025 | 01/01/2026 |
| Document name | Issued date | Effective date | Expired date |
|---|---|---|---|
| 69/2025/TT-BTC | 01/07/2025 | 01/07/2025 |