Newsletter

TAX MANAGEMENT

New organizational structure of Vietnam’s Tax Department

The organizational structure of the Tax Department has been reorganized according to Decision No. 381/QD-BTC dated 26 February 2025 of the Ministry of Finance, Decision No. 904/QD-BTC dated 3 March 2025 of the Ministry of Finance and Decision No. 15/QD-CT dated 3 March 2025 of the Tax Department.

Accordingly, the Tax agency system is organized vertically from central to local levels according to a 3-level model:

a) Tax Department (formerly the General Tax Department);

b) Regional Tax Departments (Establishing 20 Regional Tax Departments to replace 63 Provincial/Municipal Tax Departments);

c) District-level tax teams.

The new tax management model is built based on the principle of “management by subject combined with function”. Accordingly, each tax officer managing each management subject will support taxpayers with all functions from tax registration; tax declaration; tax debt management, support, answering questions about tax policies, tax management, etc.

(Decision No. 381/QD-BTC dated 26 February 2025, Decision No. 904/QD-BTC dated 3 March 2025 issued by the Ministry of Finance; Decision No. 15/QD-CT dated 3 March 2025 issued by the Tax Department)

VALUE ADDED TAX (“VAT”)

Guidelines on VAT for goods exported via foreign e-commerce platforms

Based on the comments of the Ministry of Industry and Trade and the Ministry of Information and Communications, in case an enterprise has activities of selling goods on foreign e-commerce sites, it is not eligible to apply the 0% VAT rate and deduct, refund VAT according to the provisions of current VAT law.

(Official Letter No. 986/TCT-CS dated 28 February 2025 issued by the General Department of Taxation)

OTHER CONTENTS

Decree 90/2025/ND-CP amending Decree 17/2012/ND-CP guiding the Law on Independent Auditing

Adding enterprises and organizations whose annual financial statements are required by law to be audited by an auditing firm or a branch of a foreign auditing firm in Vietnam, including:

a) Supplementing other large-scale enterprises as prescribed in Point d, Clause 1, Article 37 of the Law on Independent Auditing 2011 that satisfy at least 2 of the following 3 criteria:

– Having an average annual number of employees participating in social insurance of 200 or more;

– Having a total annual revenue of 300 billion VND or more;

– Having total assets of 100 billion VND or more.

b) Supplementing the principles for determining the average annual number of employees participating in social insurance, total annual revenue, and total assets of other large-scale enterprises as prescribed.

(Decree 90/2025/ND-CP dated 14 April 2025, effective from 14 April 2025