Decision 22/2020/QD-TTg (Decision 22) dated 10 August 2020 of the Prime Minister (PM)
reducing the land rental payable for 2020 for persons who are affected by the COVID-19
pandemic.
1. The Decision applies to the following:
► Companies, household businesses, individuals which (i) lease land directly from the
Government under Decisions issued by or Land Lease Agreements signed with the
competent authorities in the form of annual rental payment, and (ii) had to suspend
their business activities for at least 15 days due to the COVID-19 pandemic.
2. The Decision reduces the land rental payments as follows:
► A 15% reduction of the land rental payable for 2020;
► A reduction is not applicable to any outstanding land rental of the previous years nor
any late payment interest.
3. To apply the reduced land rental payments, the following is required:
► Application form;
► A copy of a Decision issued by or a Land Leased Agreement signed with the
competent authority.
The application dossier needs to be submitted to the tax authorities, the management of
Economic Zones, the management of Hi-tech zones and other relevant competent
authorities before 31 December 2020.
Decision 22 takes effect from 10 August 2020.
New development on the CIT incentives offered to social entities mentioned in Decision
118/NQ-CP (Decision 118) dated 10 August 2020.
According to the CIT regulations, social entities which satisfy the requisite type, scale and
standards issued by the PM are entitled to certain CIT incentives.
However, the type, scale and standards previously issued by the PM were not practical.
Therefore, on 25 August 2014, the PM issued Decision 63/NQ-CP (Decision 63) to request
the relevant ministries to submit proposals to amend that list of type, scale and standards.
The PM also ordered the tax authorities to postpone any collection of tax arising from the
non-satisfaction of the previously issued type, scale and standards until an amended list is
issued.
At a meeting in July 2020, the Government reached a consensus to stop postponing the tax
collection on social entities. The Government ordered the Ministry of Finance to issue a
guiding circular on this matter.
It is mentioned in Decision 118 that social entities shall not be penalized nor imposed with
late payment interest during the postponement period implemented in accordance with
Decision 63. After the guiding Circular is effective, social entities shall be penalized and late
payment interest will be imposed if they fail to pay the CIT by the due date.
September 2020
EY – Tax Update | Page 2
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OL 66297 introduces some amendments to OL 4403, as follows:
Vietnam Social Agency issued Official letter 2533/BHXH-BT on 10 August 2020 (OL
2533) to extend the suspension of the Social Insurance (SI) contributions (retirement and
death) to December 2020.
According to OL 2533, this extension is applicable to enterprises which are impacted by the
COVID-19 pandemic, as follows:
► Enterprises which were already approved for the suspension and are still encountering
difficulties by the COVID-19 pandemic;
► Enterprises which qualify for the suspension as announced in May 2020(*) but have not
applied yet.
(*) In accordance with Official letter 1511/LDTBXH-BHXH dated 4 May 2020, enterprises
which are impacted by the COVID-19 pandemic are entitled to the suspension of SI
contributions (retirement and death), subject to the satisfaction of one of the following
conditions:
► At least 50% of the enterprises’ employees who are subject to SI contributions leave their
jobs temporarily; or
► The damage to the enterprise caused by the COVID-19 pandemic accounts for 50% or
more of their total assets; or
► At least 50% of the enterprises’ employees who are subject to SI contributions are laid
off, after having completed the SI contribution up to January 2020.
September 2020
EY – Tax Update | Page 3
Official Letter 3254/TCT-DNNCN on 10 August 2020 (OL 3254) of the General
Department of Taxation provides guidance on a wrong declaration of dependent claim or
wrong authorization for PIT finalization leading to an increase in tax payable or a decrease
in tax refund.
According to OL 3254, employees shall be responsible for the accuracy of their dependent
claim and authorization for PIT finalization.
An employer will not be held accountable for any wrong declaration made by its employees,
e.g. duplicate declaration of dependent registration, authorizing employer to finalize PIT
when having more than one source of employment income.
However, employers are responsible to inform and work with their employees to ensure the
employees will fulfill any underpaid tax or excess refund.
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