vietnam

EY Vietnam Tax Alert - Transfer Pricing Inspection and Examination

In this tax alert 1) Recent transfer pricing (TP) audit trends, 2) General tax inspection and examination procedures, 2) Frequently requested information and documents, typical challenges during a TP audit, and 3) Our experience in TP audits and recommendations for TP risk management.

Vietnam Updates From ADK - Vol. 30: New Law on Environmental Protection

Bản Tin Pháp Luật Từ ADK - Số 30: Luật Bảo vệ môi trường mới

In this update: 1) The Minister of Health issuing the "Vaccine Passport" Form and Procedure, 2) The Minister of Finance amending the list of periodical reporting regimes in terms of insurance business under the management of the Ministry of Finance, and 3) The new Law on Environmental Protection will allow facilities collecting and transporting domestic solid waste to refuse to collect and transport households and individuals’ domestic solid waste that is not classified or contained in inappropriate packages.

Vietnam: Regulations on activities of sending Vietnamese employees to work abroad under contracts

In this legal update: 1) Regulations on activities of sending Vietnamese employees to work abroad under contracts, 2) Regulations on stating the origin of goods on goods labels in Decree 111/2021/ND-CP.

Vietnam: Customs Alert No. 06/2021 - Updated regulations on administrative penalties for customs violations

On the 16th of November, 2021, the Government issued Decree 102/2021/ND-CP amending and supplementing a number of articles in Decrees on administrative penalties in the fields of tax and invoicing; customs; insurance and lottery business; and others.

Vietnam: Customs Alert No. 07/2021 - New official guidance from the General Department of Customs on customs valuation consultation

On 12 November 2021, the General Department of Customs (GDC) issued Official Letter No. 5371/TCHQ-TXNK (OL 5371) to provide city and provincial customs departments with guidance on the customs valuation consultation (CVC).

Vietnam: Notable News Regarding Ecommerce Platforms and Tax

In this legal update: 1. E-commerce platforms are only obligated to declare and submit tax on behalf of individuals when authorized, 2. Extending the deadline for submitting excise tax for automobiles manufactured or assembled domestically.

Return of Debt Purchase Price To A Foreign Debt Purchaser

Hoàn Trả Giá Mua Nợ Cho Bên Mua Nợ Nước Ngoài

This post discusses the situation where the foreign Debt Purchaser advances the Debt Purchase Price to the Seller and will receive the Receivables from the Buyer when due and whether the advanced Debt Purchase Price is considered as a foreign loan.

Transfer of capital contribution in private universities that have not been restructured

Chuyển nhượng vốn góp trong các trường đại học tư thục chưa chuyển đổi

The Law on amending the Law on Higher Education dated 19 November 2018 provides for various new points compared to the Law on Higher Education dated 18 June 2012 (Higher Education Law 2012). One of important new points is the change in the organizational structure of private universities.

New regulations on public offering of shares under in Vietnam

Quy định mới về chào bán cổ phiếu ra công chúng tại Việt Nam

The new rules on public offering of securities in Vietnam under the Securities Law 2019 and Decree 155/2020 contain several changes to the previous rules under the Securities Law 2006 and Decree 58/2012. Here are some notable new changes.

Are computer files property under Vietnamese law?

Tệp máy tính có phải là tài sản theo pháp luật Việt Nam không?

Computer Files are the foundation of the digital economy which in turn is the foundation of a modern economy. There are strong arguments to consider computer files being property and qualified as “things” (vật). However, in practice, it is not clear if the courts and other Government authorities will accept such arguments.

Vietnam: Amendments to the escrow amount required for operating in travel services

In this update: 1) Amendments to the escrow amount required for operating in travel services, 2) Procedures for returning the escrow money after revoking travel services business licenses, and 3) First-time registration fees of automobiles, trailers, semi-trailers drawn by automobiles and other types of vehicles similar to automobiles produced, assembled domestically.

Vietnam Weekly Update - 6 December 2021

Cập Nhật Hàng Tuần Việt Nam - 6 Thang 12 2021

In this week’s Legal Update: 1. Regulations on holding online trial, 2. Guidance on extending tax payment time, 3. Tax declaration for foreign contractors; and 4. The payment of salaries via a third-party application.

Vietnam Weekly Update - 29 November 2021

Cập Nhật Hàng Tuần Việt Nam - 29 Thang 11 2021

In this legal update: 1) Amendment, supplement on some articles of Decree No. 122/2016/ND-CP and Decree No. 57/2020/ND-CP, 2) Guidance on administrative sanctions in case of import of banned goods; and 3) Guidance on the registration of VAT declaration of export processing enterprises.

Vietnam: Customs Alert No. 05/2021 - Updated export and preferential import tariffs

On 15 November 2021, the Vietnamese Government released Decree 101/2021/ND-CP (Decree 101) amending and supplementing a number of articles of Decree 122/2016/ND-CP, Decree 125/2017/ND-CP and Decree 57/2020/ND-CP.

In-Game Units in Vietnam

This post examines the legal issues of buying and selling virtual assets in games in Vietnam with what is referred to as In-game units.

Vietnam Updates From ADK - Vol. 27: State Securities Commission advises re: investment and business activities on unregulated or non-recognized stock exchanges.

Bản Tin Pháp Luật Từ ADK - Số 27: Ủy ban chứng khoán nhà nước khuyến cáo các nhà đầu tư cảnh giác về việc tham gia đầu tư, kinh doanh trên các sàn giao dịch chứng khoán không được pháp luật chứng khoán quy...

In this update: 1) Investors to be wary of investment on unregulated or non-recognized stock exchanges, 2) The National Power Development Plan for 2021-2030 to consider reducing coal, excluding solar power from distribution, 3) Amending the Land Law to support small and medium-sized enterprises.

Vietnam Weekly Update - 22 November 2021

Cập Nhật Hàng Tuần Việt Nam - 22 Thang 11 2021

In this week’s legal update: 1. Guidelines on rooms for pressing and storing breast milk at workplaces, 2. Problems in handling administrative violations in case enterprises make false declarations; and 3. Personal income tax (“PIT”) determination for employees working for foreign airlines.

Vietnam Updates From ADK - Vol. 26: Ministry of Culture, Sports and Tourism released temporary guidance on welcoming international tourists to Vietnam

Bản Tin Pháp Luật Từ ADK - Số 26: Bộ Văn hóa, Thể thao và Du lịch ban hành hướng dẫn tạm thời thí điểm đón khách du lịch quốc tế đến Việt Nam

In this update: 1) Temporary guidance on welcoming international tourists to Vietnam, 2) Supplementing regulations of contents, forms of Certificates of compulsory fire and explosion insurance, 3) Deputy Prime Minister Vu Duc Dam proposed offering aid packages for workers who return to cities to work.

Decree 85 amending e-commerce regulations

Following on from the new rules to tighten up the taxation of e-commerce (please refer to our previous NewsBriefs for further details on related tax and customs regulations), on 25 September the Government issued Decree 85/2021 setting out new rules on e-commerce.

Vietnam Weekly Update - 15 November 2021

Cập Nhật Hàng Tuần Việt Nam - 15 Thang 11 2021

In this week’s legal update: 1) Amending and supplementing several articles of Decree No. 83/2014/ND-CP on petrol and oil trading, 2) Guidance on handling overpaid tax in case of false declaration of value of imported goods, 3) Amending on the subjects entitled to defer the payment to Trade Union funds.