Professional Documents
Culture Documents
Fact:
Mr. X is a foreigner dispatched by contractor Y to an oil rig on the
continental shelf of Vietnam. According to the labor contract, the work cycle
of Mr. X on this oil rig is 28 consecutive working days and 28 days off.
Question:
1. The payments made by contractor Y for the air tickets for Mr. X to fly
from his country to Vietnam and vice versa for every time of changing
shift
2. The helicopter that take Mr. X from the mainland to the oil rig and vice
verse
3. The residence expense while Mr. X is waiting for the helicopter
Shall those payments to Mr.X be included in taxable income?
ANSWER 01
In accordance with Circular 111/2013/TT-BTC, Article 02, Point g.9, the
payments paid by the employer for dispatching, reassigning foreign
employees in Vietnam in accordance with labor contracts and international
work schedules of some industries such as petroleum, mineral extraction.
The basis of determination is the labor contract and the payments for air
tickets from Vietnam to the home country of the foreign employee and vice
versa.
So, those payments to Mr.X shall not be included in taxable income.
QUESTION 02
The wages of Mr. A on an ordinary working day is 40,000 VND/hour.
1. When working overtime on an working day, he is paid 60,000 VND/hour, how
much is the tax-free income?
60,000 VND/hour – 40,000 VND/ hour = 20,000 VND/ hour
2. When working overtime on an holiday, he is paid 80,000 VND/hour, how much is
the tax-free income?
80,000 VND/hour – 40,000 VND/ hour = 40,000 VND/ hour
ANSWER 02
In accordance with Circular 111/2013/TT-BTC, Article 03, Point i.1, the tax-free
additional payments for working at night or working overtime is identified based on
the actual total payment for working at night or overtime minus (-) the payment for
an ordinary working day.
The wages of Mr. A on an ordinary working day is 40,000 VND/hour.
1. When working overtime on an working day, he is paid 60,000 VND/hour, the tax-
free income is:
60,000 VND/hour – 40,000 VND/ hour = 20,000 VND/ hour
2. When working overtime on an holiday, he is paid 80,000 VND/hour, the tax-free
income is:
80,000 VND/hour – 40,000 VND/ hour = 40,000 VND/ hour
QUESTION 03
The first tax period of Mr. B begins on April 20/2014 and ends on April 19,
2015. The second tax period begins on January 01, 2015 and ends on
December 31, 2015.
QUESTION 04
Base salary (per month) for social insurance, health insurance and unemployment
insurance, etc. for the year 2018 = VND 27,800,000
Note: For simplicity, you should assume that this rate is applicable for the whole of the year
2018.
What is Mr Quang Phan’s annual personal income tax (PIT) liability (in VND millions – to be
rounded only in the final PIT calculations) in the year 2018?
ANSWER 10
What is the amount (in VND million, rounded by one decimal) of Ms Man’s
personal income tax (PIT) liability on the above promotion prize?
ANSWER 11
According to Article 15.1 (b) of Circular 111/2013, the taxable income of a
promotion prize is the total market value of the item (inclusive of VAT) in
excess of VND10 million. The deduction of VND10 million is per item,
not per person.
What is the total personal income tax (PIT) liability (rounded to VND millions)
in Vietnam for Mr Jung Nam-Oh in the year 2018? (Assume that USD 1 =
VND 23,500)
ANSWER 12
A non-resident in Vietnam is subject to the 20% tax rate on employment
income by proportioning days present in Vietnam over 365 days. Other
income received in Vietnam, such as the golf course membership, is
taxable in full. No dependent relief is available (Article 18 of Circular
111/2013).
What is Ms Mai Pham’s Vietnamese personal income tax (PIT) liability (in
VND million) in the year 2018 in relation to the dividend?
ANSWER 13
According to Article 10 (point 3.c of Circular 111/2013 as amended by
Circular 92/2015), only the dividend paid in cash is subject to PIT at the
time of receipt. The dividend payment rate would be calculated based on
par value (VND10,000 per share), not market price.
Since the commencement of his employment with NSV Co in April 2018, Tony has been present in Vietnam along with
his wife, Huyen Tran, a 30-year-old Vietnamese tax resident, and their two children: a five-year-old boy and a two-year-
old girl. Throughout that time the family has been living in a villa which Huyen inherited from her parents. As this
resulted in a saving of accommodation costs for NSV Co, the company paid Tony and Huyen a monthly home
allowance of USD6,000 in cash. Tony used half of this allowance to pay for kindergarten fees for their children.
Note: You should ignore any social, health or unemployment insurance contributions which may be applicable. Assume
that USD 1 = VND 23,500
(a) Calculate the taxable income and personal income tax (PIT) liability of Mr Tony Phan in Vietnam in 2018.
(b) Briefly discuss the treatment for PIT purposes of the amount of USD10 million which Next Start Co may pay Tony to
acquire the artificial intelligence licence, assuming the licence is acquired during Tony’s employment with NSV Co in
Vietnam.
ANSWER 14
ANSWER 14
(b) Possible tax treatments of licence fee
The licence fee which may be received by Tony during his presence in
Vietnam would be subject to personal income tax (PIT) in Vietnam in his
hands.
However, since the licence fee is paid by Tony’s employer, there would be a
risk that tax authorities in Vietnam may view this as part of employment
income (subject to a much higher tax rate of 35%).
QUESTION 14
Mr Tony Phan, previously resident in Vietnam, is 38 years old and holds Australian citizenship. From 1 April 2018, he
was employed as chief executive officer (CEO) of NSV Co, the Vietnamese subsidiary of Next Start Co, a company in
Australia. Tony’s gross remuneration for his employment with NSV Co is as follows: Monthly salary: USD30,000; Fixed
bonus: USD60,000 for 12-months’ employment or pro-rata; Variable bonus: up to USD120,000, depending on group
and NSV Co’s performance, to be determined and paid in 2019. At the commencement of his employment, NSV Co
also gave Tony the company’s executive well-being fitness membership card. This cost NSV Co an amount of
USD120,000 for a period of 18 months. In Tony’s leisure time he develops artificial intelligence (AI) systems. In 2018,
Tony completed one AI system, in his own time, which could significantly boost the operational efficiency of both NSV
Co and Next Start Co. Next Start Co wants to pay Tony, via NSV Co, an amount of USD10 million for acquiring the
licence to use and further develop his AI system.
Since the commencement of his employment with NSV Co in April 2018, Tony has been present in Vietnam along with
his wife, Huyen Tran, a 30-year-old Vietnamese tax resident, and their two children: a five-year-old boy and a two-year-
old girl. Throughout that time the family has been living in a villa which Huyen inherited from her parents. As this
resulted in a saving of accommodation costs for NSV Co, the company paid Tony and Huyen a monthly home
allowance of USD6,000 in cash. Tony used half of this allowance to pay for kindergarten fees for their children.
Note: You should ignore any social, health or unemployment insurance contributions which may be applicable. Assume
that USD 1 = VND 23,500
(a) Calculate the taxable income and personal income tax (PIT) liability of Mr Tony Phan in Vietnam in 2018.
(b) Briefly discuss the treatment for PIT purposes of the amount of USD10 million which Next Start Co may pay Tony to
acquire the artificial intelligence licence, assuming the licence is acquired during Tony’s employment with NSV Co in
Vietnam.
QUESTION 15
ZLC Co employs four Vietnamese employees in its Ho Chi Minh City office. Their annual gross remuneration and
number of dependants for 2018 is summarised below:
Note: The overtime represents both the normal pay rate (100%) and the excess rate (100%). ZLC Co withholds, at the
set rates, the employees’ contributions of social, health and unemployment insurance from their remuneration. In a
recent written reply received from the Vietnamese tax authority to a query raised by ZLC Co, it was confirmed that
overtime and uniform allowance would NOT be in the list of items to be excluded in determining income which is
subject to social, health and unemployment insurance contributions.
Base salary (per month) for social insurance, health insurance and unemployment insurance, etc. for the year 2018 =
VND 27,800,000
(a) Calculate the monthly personal income tax (PIT) liability of each of the four employees of ZLC Co.
(b) Briefly explain the treatment of the social, health and unemployment insurance contributions for PIT purposes.
ANSWER 15
1. Overtime: only 50% is taxable.
2. Uniform: only the excess over VND5 million is taxable.
3. Personal deductions: self-relief VND9 million plus dependant relief VND3·6 million per
dependant.
4. SHUI (social, health, unemployment insurance): calculated at 10·5% (8% + 1·5% + 1%)
on the lower of (salary + allowance + overtime + uniform)/12, or VND27·8 million
Note: The calculation for that is based on the actual remuneration because it is lower than
VND27·8 million per month.
Mr Mohammad Taqi spent only 5·5 months in Vietnam for the first tax
year (12 months from first arrival) and therefore was non-resident –
accordingly he would be subject to 20% flat rate on the Vietnam-sourced
income (i.e. income from secondment).
QUESTION 18
In January 2017, Mr Chris Beath, a 50-year-old Australian citizen, started
his employment in Vietnam for VF Co, a Vietnamese company. In March
2017, his wife Allanda, also a 50-year-old Australian citizen, suffered an
accident in Australia. She was not handicapped, but had to move to
Vietnam to live with Chris from April 2017 to the end of the 2017 year. She
had no income in 2017. VF Co provided Chris with cash support of VND120
million towards medical care expenses for Allanda in Vietnam during 2017.
What is the total personal deduction/relief (ignoring social, health and
unemployment insurance) Mr Chris Beath can claim in the year 2017
relating to his personal income tax (PIT)?
ANSWER 18
Note: Ms Allanda Beath is 50 years old and would not qualify for the
dependant deduction. The cash support is taxable income in this case,
but not a deduction. Cash support for fatal diseases is non-taxable;
however, in this case cash support is taxable because it is not for a fatal
disease.
QUESTION 19
Mr Minh Phan, a Vietnamese citizen, was assigned to work in the United
States (US) representative office of FTP Co, a company headquartered in
Vietnam. In 2017, he received monthly gross income of USD10,000, plus an
annual tuition fee of USD30,000 for Quang Phan, his ten-year-old son, for
studying at a school in the US. The tuition fee was paid directly by the
representative office of FTP Co to the school.
What is the amount of Mr. Minh Phan’s Vietnamese monthly personal
income tax (PIT) liability in the year 2017 (before deducting any foreign tax
credit)? (Assuming that Mr. Minh Phan is not subject to any compulsory
insurance in Vietnam and USD 1 = VND 22,800)
ANSWER 19