Professional Documents
Culture Documents
INTERNATIONAL TAXATION
CREATED BY:
LECTURER :
HAINES WATTS
i. History.......................................................................................................................................1
II. Body..........................................................................................................................................5
v. Comparison..............................................................................................................................21
III. Conclusion..............................................................................................................................24
IV. Reference................................................................................................................................25
I. Introduction
i. History
Vietnam has a history of tribes uniting to form strong dynasties. The first dynasty
that many consider to be the start of the Vietnamese state was the Hong Bang Dynasty
Ho
Chi
Minh
City
In 111 BC, the Han Dynasty from China absorbed Vietnam into their empire.
Vietnam would remain a part of the Chinese empire for over 1000 years. It was in 938
AD that Ngo Quyen defeated the Chinese and gained independence for Vietnam.
Vietnam was then ruled by a succession of dynasties including the Ly, Tran, and the
Le dynasty. Under the Le dynasty the kingdom of Vietnam reached its peak,
Vietnam into French Indochina. France continued to rule until it was defeated by
communist forces led by Ho Chi Minh in 1954. The country became divided into
Communist North Vietnam and the anti-Communist South. The Vietnam War raged
for years between the two countries with the US supporting the South and communist
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countries supporting the north. The North eventually won uniting the country under
community due to the Cold War, Vietnamese invasion of Cambodia and an American
economic embargo. In 1986, the Communist Party of Vietnam changed its economic
policy and began a series of reforms to the private sector and to the economy through
what is known as Đổi Mới, a political movement primarily led by Prime Minister Võ
Văn Kiệt. During the 6th National Congress of the Communist Party of Vietnam, the
country abolished its planned economy system in favor of a market oriented one. Ever
since the reforms in the mid-1980s, Vietnam has enjoyed substantial economic
growth.
slowdown. Gross Domestic Product (GDP) growth remained robust at about seven
percent (the highest in Southeast Asia) with inflation stable at four percent. There are
major developments and regulatory changes in labor code and visa policy in 2020
which are:
(FDI) inflow into Vietnam. There is a significant rise in both the volume and
the value of FDI projects. As of November 2019, 3478 new projects (28.2
percent YoY increase) brought in US$31.8 billion (3.1 percent YoY increase).
In 2019, South Korea was the top investor in Vietnam followed by Hong
Kong. Vietnam remains a beneficiary of the US-China trade war, and the
2
political tension in Hong Kong, which have contributed to rising investments
from both Mainland China and Hong Kong. Vietnam is being chosen by
China, low labor cost and pro-investment policies. The processing and
factor.
Apart from significant demand, government policies have also played a role in
sectors will get a corporate tax exemption for four years and a 50 percent
This year, the Labor Code has two major changes in retirement age and
overtime hours limit. The retirement age for men has been increased from 60
to 62, and from 50 to 55 for women. The increase is inevitable to avoid labors
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fund. Companies can introduce a more flexible retirement scheme whereby
time workers.
The new code also limits overtime to 40 hours a month (300 hours a year).
The cap is higher than that of other Asian countries, such as China’s 36 hours
cap to 400 hours in five special sectors: garments, textiles, seafood, leather
and workers still need to enter a voluntary agreement before working the
overtime limit. These changes are still under review and will officially come
into effect in 2021. By then, companies should already have a concrete plan to
The amended Law on Entry, Exit, Transit, which will come into effect in July
2020, allows foreigners to enter coastal economic zones for 30 days without a
and must be separate from the mainland. The exemption is hailed as a good
policy for FDI firms to visit and gather information about potential economic
zones. In November, the government also announced that it would extend visa
Finland, and Belarus until December 31, 2022, if their stay does not exceed 15
days. Japan, South Korea, and Russia are key markets for Vietnam’s tourism
sector. The number of tourists from these countries has an annual increase of
about 30 percent in the past decade. A flexible visa policy will entice more
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bringing in foreign investments and fostering the cultural exchange between
nations.
In November 2019, the Securities Law was amended to suit the actual
conditions related to Initial Public Offering (IPO) have been the main focus of
the amended law. To be able to file for an IPO, VND30 billion (US$2 million)
of 20 percent of the charter capital one year after the IPO. Public companies
and management. Mr. Choi Ji Ung, Director of ASEAN Law Firm, applauds
make the stock market’s size equal to the country’s GDP in 2020. Larger
ranking.
II. Body
5
There are authorities that regulates taxation system in Vietnam which are
Finance.
code registration under the Law on Tax Administration and replacing Circular
organizations and individuals related to tax issues such as: project management
boards, non-business units, organizations and individuals without tax liability but
eligible for tax refund or receiving aid from abroad will be issued with a sole tax code
for the whole operation as from the tax registration until the shutdown (except for
contractors).
The tax code of an enterprise after the business transformation shall be retained.
For enterprises established under the Law on Enterprise, the tax codes are also the
enterprise codes. The enterprise therefore does not need to apply separately for a tax
code.
In addition, the procedure for registering a tax code is simplified, with a number
of documents being removed from the list of required documents. Taxpayers are also
only required to submit the registration form and the copy (not notarized) of business
certificate (for enterprise), the copy (no notarized) of identify card or passport (for
individual) and the timeline for approval is no more than 3 working days from the
regulation.
6
If a tax payer issued with the tax code engages in new business or production or
expands the business engages in new business or production or expands the business
such tax payers must apply for tax registration at the local tax authorities where new
business activities or business expansion arise and still use the issued tax code for
The tax payers are individuals subject to personal income tax that complete the
procedures and tax registration dossiers shall be issued with “the Tax registration
Individuals paying personal income tax via multiple paying organizations shall
apply for tax registration at one paying organizations for the tax code issuance.
Individuals shall notify their tax codes to other paying organizations for them to make
Under Circular 80, if an individual simultaneously pays personal income tax and
does business, the personal income tax code shall be used for declaring and paying tax
on the business. If a business individual is already issued with the tax code, such tax
code shall be used for declaring and paying personal income tax.
households and individuals must notify the tax authorities in charge within 10 days as
from the change occurs under the form No. 08-MST promulgated together with
Circular 80.
Vietnam citizens are taxed based on their profits, whether it is earned from
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classified as residents, if he/she spends 183 days or more in the aggregate in a 12-
month period in Vietnam, starting from the day the individual arrived in Vietnam.
Besides that, they need to maintain a resident in Vietnam, or has leased a resident for
183 days or more in a tax year, unless he/she is present in Vietnam for less than 183
days and can prove residents in other countries. In Vietnam, individual residents must
find their own returns separately, because joint filling is not allowed.
There are deductions and allowances that were applied in Vietnam taxation
systems. Subject to certain restrictions, tax deductions are granted for compulsory
non-accumulative insurance premiums are not taxable. Other tax deductions include a
remitted to the tax authorities. And individual must file a tax return and make a final
tax payment by March 30 in the year following the assessment year. Tax payer are
subjected to pay penalties per day for the late payment of tax, and under reported
Companies are taxed on worldwide income and non-resident company is taxed only
and other activities during a given period, the Personal Income Tax represents
8
the amount of taxes an individual is required to pay into the Vietnamese state
foreign party then receives a net amount and, by this, shall not be obligated to
of the land price per square meter, decided by the state every five years.
stamp duty. The stamp duty rates vary depending on the asset transferred.
7. VAT applies to goods and services used for production, trading, and
9
8. Tax treaty is a bilateral—two-party—agreement made by two countries to
resolve issues involving double taxation of passive and active income. Tax
treaties generally determine the amount of tax that a country can apply to a
treaty between Vietnam and Indonesia that was effective since 10 February
1999.
property. Other than stamp duty, there is also social security contributions
where employers are required to make social insurance (SI), health insurance
respectively.
tax code issued by a government to citizens or firms who is subjected to pay tax.
25%. Preferential CIT rates of 10% and 20% are available for enterprises investing in
or in encouraged investment sectors for a certain period of time. When the period for
enjoyment of preferential rates expires, the CIT rate generally reverts back to the
standard rate.
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No. Preferential Conditions Enjoyed Tax Holidays
CIT Rates Duration
CIT Exemption CIT Reduction
1. 20% Newly set up enterprises under 10 2 years from 50% CIT
investment projects in years generating reduction for 4
geographical areas with socio- taxable income consecutive years.
economic difficulties
2. 10% Newly set up enterprises under 15 4 years from 50% CIT reduction
investment projects in years generating for 9 consecutive
geographical areas with extreme taxable income years.
socio-economic difficulties,
economic zones or hi-tech parks;
newly set up enterprises under
investment projects in the
domains of high technology,
scientific research and
technological development,
development of the State’s
infrastructure works of special
importance, or manufacture of
software products
3. 10% Enterprises in the domains of During 4-years CIT 50% CIT
education and training, vocational the exemption reduction for 5
training, health care, culture, sport duration consecutive years
and environment (socialization) of
project
The duration for application of tax rate incentives is counted from the first year an
enterprise has turnover. The tax exemption or reduction duration is counted from the
first year an enterprise has taxable income; in case an enterprise has no taxable
income for the first three years from the first year it has turnover, the tax exemption or
available to companies operating within the country. The following incentives are
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2. Exemption or reduction of import tax on goods imported as fixed assets
specify in the types of projects that qualify for incentives and the nature of incentives
that these projects qualify for. The most common incentives are those available for
country.
A. Employment income
regulations encompass the concept of tax deduction at source, and legalese this by
specifying that certain employers are designated entities for tax collection purposes.
Such entities are required to deduct income tax at source prior to paying income to
individuals.
Although individual foreigners who are paid from an overseas entity may opt
to declare and settle their own tax directly with the tax authority, the local tax
employees’ personal income equal to the respective employees’ personal income tax
liabilities and deposit the withheld amount with the State Treasury within the statutory
deadlines.
that the employees have income only from this employer (or any irregular income
12
from other sources not exceeding 10,000,000 Vietnamese dong (VND) per month and
10 percent PIT of which has been withheld) and that the employees authorize the
Vietnam’s tax authorities have singled out a number of incomes that are
2. Interest earned on deposit from the bank or from life insurance contracts;
5. Wages paid for night shift or overtime work, which are higher than those
paid for day shifts or prescribed working hours in accordance with the law;
and
yearly amount can be fully deducted, regardless of whether the taxpayer had an
Taxpayer can be obtained the tax reduction for each dependent is pegged at
US$155 (VND 3,600,000) per month. Qualified dependents are children aged below
18 years old, or children over 18 years old but earning a low income, which does not
exceed US$21 (VND 500,000) per month. In addition, spouses or parents of taxpayers
who are unable to work or have low income are also qualified dependents.Only one
person can claim the reduction for each dependent. The dependent allowance is not
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automatically granted, and the taxpayer needs to register the qualifying dependent and
declaration and payment is carried out on a withholding basis. Income paying bodies
are required to withhold tax at source and then pay to the relevant tax authority within
commitment indicating they have income less than the personal and dependent relief
Vietnam personal income tax rates are progressive to 35%. Nonresidents are
taxed at a flat tax rate of 20%. Nonemployment income is taxed at rates from 0.1% to
25%.
Non-resident can be exempted from taxation for certain benefits such as:
2. One round-trip air fare a year for foreign employees’ annual leave, paid for
by employers (the air ticket should indicate the country where these
3. General education school fee or tuition paid by the employer for the
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4. Contributions to a voluntary pension fund, up to the amount of
January 2009, dividends (except for government bonds), interest (except for bank
deposits and life insurance), capital gains from securities trading, private business
income and other income from franchising, inheritance, the transfer of land use rights,
and gifts/winnings or prizes are taxable in Vietnam. Profits derived from the carrying
on of a trade or profession generally are taxed in the same way as profits derived by
companies.
1. For employment income, the 20th of the following month for monthly tax
declarations, the 30th of the first month of the following quarter for the
quarterly tax declarations and the 90th day of the following year for the
3. For business income, the finalization due date depends on the type of
business income.
4. For income from real property transfer and from capital assignment, at the
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5. For income from transfer of securities, generally withholding tax is
6. For income from in heritance and gifts, at the time of receiving the
income.
Personal Income tax rates levied on income from business, salaries, wages are
VND 0 - 60,000,000 5%
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activities
Method of calculation:
The foundation to calculate individual income tax for incomes from business
activity, salary and wage are assessable income tax rate. It is determined by the
calculation:
In which:
Illustrations:
register deductions based on family circumstances for my dependants nor pay any
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According to the Law on Personal Income Tax, the payable personal income
First, the taxpayer may have family circumstance-based deduction for himself
made from January or from the month he comes to Vietnam to the month when his
labour contract terminates and he leaves Vietnam in a tax year, for individuals present
in Vietnam for the first time. Deduction for a taxpayer himself is VND 9
Second, in a year, if the taxpayer is present in Vietnam for 183 days or more,
the tax year is the calendar year. If he is present in Vietnam for less than 183 days in a
calendar year but his period of presence in Vietnam is 183 days or more if counted in
12 consecutive months from the first day of his presence in Vietnam, the first tax
period is 12 consecutive months from the first day of his presence in Vietnam. From
the second year on, the tax year will be the calendar year.
In your case, the first tax year will be counted from June 1, 2014, to May 31,
2015:
- Taxed income:
income tax amount in the first tax year: VND 60 million x 5% + (VND 120
million - VND 60 million) x 10% + (VND 216 million - VND 120 million) x
15% + (VND 312 million – VND 216 million) x 20% = VND 42.6 million
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The second tax year (from January 1, 2015, through December 31, 2015):
However, as tax for the first five months (January 2015 to May 2015) of the
second tax year has already been paid in the first tax year, the coincidentally
Value Added Tax (VAT) is the indirect tax which applies to goods and services
used for production, trade and consumption in Vietnam. Goods and services
purchased from overseas are also subject to VAT. The general tax rate is 10%.
In respect of goods purchased from overseas, VAT must be paid at import stage.
Services purchased from overseas are subject to VAT under the withholding regime
applies to certain goods and services. Other than Value Added Tax, Vietnam also
levies a Special Sales Tax (SCT) which is applicable to goods and services classified
When supplying goods and/or services subject to VAT, the business must charge
VAT on the value of goods or services supplied. In addition, VAT applies to the duty
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paid value of imported goods. The importer must pay VAT to Customs at the same
The VAT system of Vietnam is also characterized by two types of VAT payers:
deduction method VAT payers and direct method VAT payers. Most companies and
business organizations are deduction method VAT payers. This means that the
businesses will have to pay the output tax (i.e., VAT collected from their customers)
after deducting the input tax (i.e., the VAT businesses have paid to their suppliers).
The businesses must file VAT returns monthly to the tax authorities. The tax
authorities, in turn, will process the tax return and issue a tax assessment notice to the
tax payer. The payable VAT must be paid to the State budget the following month.
The direct method generally applies to small business households that do not keep
proper accounting records (there are currently over 1 million family businesses). For
Method of calculation:
Payable VAT amount = Output VAT amount – Creditable input VAT amount
Payable VAT amount = Added value of sold goods or services * VAT rate
Where: Added value of sold goods or services = Selling price – Purchasing price
of goods or services.
Tax Rate
Applicable VAT rates are 0%, 5%, and 10%, respectively. The 0% rate applies to
export of goods and certain services including sales to EPZs. VAT is calculated by
multiplying the taxable price (net of tax) with the applicable VAT rate. With respect
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to imported goods, VAT is calculated by adding the import price with the import duty
v. Comparison
Vietnam Indonesia
Personal income taxes are using Personal income taxes are using
progressive rate with the rate up to 35% progressive rate with the rate up to
30%
Taxpayer can apply for tax reduction if The taxpayer can apply tax reduction
taxpayer has dependent. The tax
reduction for the taxpayer isn’t limited to if taxpayer is married, and/or for any
amount of depended as long as the
taxpayer register the qualifying dependent blood relatives, relatives or adopted
and providing supporting documents. The
qualified dependent are children aged children that is fully dependent on the
below 18 years old, or children over 18
with low income (not exceed US$21), in taxpayer with the maximum of three
addition spouse or parents of taxpayers
who are unable to work or have low people.
income is also qualified.
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Vietnam doesn’t have the deduction of Indonesia provide the deduction of
occupational expense for the employees
occupational expense for their
500,000 a month.
For oil and gas corporation, the tax rate For oil and gas corporation, tax rate
ranges from 32%-50% ranges from 30%-45%
VAT rates are generally 10%, and can be VAT rates are generally 10%, and can
reduced to 5% depending certain goods be reduced to 5%-15% depending on
and services the government regulations.
James (m/1) works in one of YG branches with a salary 30,000,000 VND / month.
No housing is provided by the employer. The expatriate employee has two dependents
Vietnam
22
Answer
PIT
Tax payable
VAT
A taxable person sells taxable goods with the selling price of VND 40,000,000.
The company purchase the taxable goods for the amount of VND35,000,000.
23
b. If he lives in Indonesia (VND 1 = IDR 0.63)
Answer
III. Conclusion
According to the report above, we can conclude that not all taxes in Vietnam and
Indonesia are the same. The main subtopic of taxes available are the personal income tax,
corporate income tax and also VAT. Personal income tax includes the employment
income which means the tax declaration and payment is carried out on a withholding
basis. For individual foreigners who are paid from an overseas entity may opt to declare
and settle their own tax directly with the tax authority, and under these circumstances, the
employer must withhold a percentage of their employees’ personal income equal to the
respective employees’ personal income tax liabilities and deposit the withheld amount
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For corporate income tax, companies who are producing and trading goods and
services and earning income shall be liable to pay CIT (Corporate Income Tax). Here, the
tax rates are only 20%, which is for newly set up businesses under investment projects in
geographical areas with socio-economic difficulties, and 10%, which is for newly set up
businesses under investment projects in the domains of high technology and also for
businesses in the domains of education and training, vocational training, health care,
VAT applies to goods and services circulated and consumed in Vietnam. VAT is
collected through production, trading and provision of services. The general rate of VAT
in Vietnam which applies to goods and services is 10%. A reduced rate of 5% also applies
IV. Reference
https://www.vietnam-briefing.com/news/vietnamese-circular-tax-code-
registration.html/
https://www.vietnam-briefing.com/news/personal-income-tax-vietnam-tax-exemption
reduction-payment.html/
https://www.ducksters.com/geography/country/vietnam_history_timeline.php
https://www.vietnam-briefing.com/news/vietnams-year-in-review-outlook-2020.html/
https://home.kpmg/xx/en/home/insights/2011/12/vietnam-income-tax.html
https://www.avalara.com/vatlive/en/country-guides/asia/vietnam.html
https://www.vietnam-briefing.com/news/introduction-corporate-income-tax-
vietnam.html/
https://home.kpmg/xx/en/home/insights/2011/12/vietnam-income-tax.html
https://en.luathongduc.com/how-to-income-tax-calculation-guidence-viet-nam
25
https://www.vietnam-briefing.com/news/introduction-personal-income-tax-
vietnam.html/
https://lawyer-vietnam.com/wp-content/uploads/2018/03/GP_VAT_06-2016.pdf
26