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REPORT MUST BE SUBMITTED TO DOLISA |
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| Decree 145/2020/NĐ-CP
Decree 152/2020/NĐ-CP |
“- The employer shall submit biannual reports (before June 05) and annual reports (before December 05) on changes of employees to the Provincial Department of Labor, War Invalids and Social Affairs through the National Public Service Portal according to Form No. 01/PLI in Appendix I hereof and send notifications to the social insurance authorities of the districts where the headquarters, branches and representative offices are located. In case the employer cannot submit the report through the National Public Service Portal, physical reports (Form No. 01/PLI in Appendix I hereof) shall be sent to the Provincial Department of Labor, War Invalids and Social Affairs and the social insurance authorities of the districts where the headquarters, branches and representative offices are located. (Clause 2 Article 4 Decree 145/2020/ND-CP).
– Prior to July 5 and January 5 of the following year, the employer of foreign workers shall send a first-half-year report and an annual report on employment of foreign workers, using Form No. 07/PLI Appendix I hereto appended. The reporting period of the first 6 months is from December 15 of the previous reporting year to June 14 of the reporting year, the reporting period of the annual report is from December 15 of the previous reporting year to December 14 of the reporting year. (Clause 1 Article 6 Decree 152/2020/ND-CP). – Before December 15 or on an ad-hoc basis, the foreign employer shall send an annual report on recruitment and employment of Vietnamese workers, using Form No. 02/PLII Appendix II hereto appended. The reporting period is from December 15 of the previous year to December 14 of the reporting year. (Clause 3 Article 26 Decree 152/2020/ND-CP).” |
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PIT |
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| Payment discount for individual home buyers
(Official Letter No. 779/CTBNI-TTHT dated 05/05/2021 of Bac Ninh Tax Department) |
“- In case for individual customers (not borrowing a bank loan to buy a house), the Company pays a cash payment discount to the customer, this is the Company’s financial expense, and also the income from capital investment activities of individuals received due to capital advance before the payment term. The company bases on the purchase and sale contract, sales program, payment documents for individuals as prescribed to calculate deductible expenses when calculating CIT. At the same time, deduct and pay PIT from capital investment at the tax rate of 5% calculated on the amount paid to individuals to buy houses.
– In case for individual customers (borrowing from a bank to buy a house), the company pays the interest on the loan to the bank on behalf of the home buyer according to the bank’s repayment period, this is the selling expense of company. The Company shall base on the purchase and sale contract, sales program, and bank loan contract of the home buyer (including the agreement that the Company is responsible for paying interest on behalf of the home buyer); vouchers of interest payment to the bank in accordance with regulations to be included in deductible expenses when calculating CIT. The company does not have to withhold, pay on behalf of PIT on interest payments to banks on behalf of individuals.” |
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FCT |
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| FCT on breach of contract compensation
(Official Letter No. 757/CTBNI-TTHT dated 29/04/2021 of Bac Ninh Tax department)
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“- The company signed a contract to export goods to the company abroad, the company sold the goods and received enough money. Then, in the process of using, the foreign party finds out that it is defective, the quality is not satisfactory, cannot be used, and the entire set is destroyed abroad.
+ In case the company has to compensate the foreign party under the contract, the foreign party must pay FCT on the compensation received and the company is responsible for declaring and paying tax on behalf of the foreign party. + In case the Company returns the money to the foreign party that has paid and does not bear any liability related to the supply of defective goods, the amount returned by the Company to the foreign party is not subject to pay FCT.” |
| FCT when signing 4 party
contract with Overseas Companies (Official Letter No. 704/CTBNI-TTHT dated 22/04/2021 of Bac Ninh Tax department) |
“- Company A in Korea signs a sales contract for Company B in Korea. Company A hires Company C in Vietnam to process this good, then appoints Company C to deliver the goods to Company D in Vietnam (Company D is the company authorized by company B to receive goods under the contract signed by 4 parties) to continue processing and delivering goods to Company E in Vietnam as designated by Company B.
Company A and Company B both supply goods in Vietnam in the form of transitional processing performed as a form of on-site import and export and generate income in Vietnam. Therefore, company A is subject to pay FCT on the value of the goods sold to Company B; Company B is subject to pay FCT on the value of goods sold to Company E.” |
