Monthly Newsletter - August 2015

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1 - This e-newsletter facilitated by Crowe Horwath Vietnam serves as a knowledge sharing tool with the main purpose of information exchange and dissemination. This e-newsletter benefits the readers by keeping you up-to-date on the latest issues, which are your matters of concern. To Access the e-newsletter Our e-newsletter subcriptions are free. You can access the e-newsletter through either: Website: Regularly visit the website and read the new information at: and subscribe here newsletter: Subscribe to our customer care service through one of the following s: customercare@crowehorwath.vn newsletter@crowehorwath.vn Table of Content Corporate Income Tax ( CIT ) Tax incentives for investment projects and expanded investment projects during the period Personal Income Tax ( PIT ) The cases of Personal Income Tax exemption and reduction 3 Compulsory Insurance Resolution 93/2015/QH13 on the implementation of the policy on once-off Social Insurance (SI) Guidance on a number of articles of the Law on employment regarding Unemployment Insurance Administration Procedures Guidance on electronic transactions in the tax field 5 The dossiers and the provisions on overseas profit remittance 5 Others Circular 103/2015/TT-BTC providing the list of exported and imported commodities

2 Corporate Income Tax Tax incentives for investment projects and expanded investment projects during the period Law 71/2014/QH13 and Decree 12/2015/ND-CP has brought good news about Corporate Income Tax (CIT) for the enterprises implementing new investment projects in industrial zones and the enterprises expanding investment projects in the period. On June 22, 2015, the Ministry of Finance officially issued Circular 96/2015/TT-BTC to guide on CIT incentive of these cases. Accordingly, the investment projects, which meet the conditions of tax incentives under the provisions of Law 32/2013/QH13, Law 71/2014/QH13 and the guiding documents, enjoy tax incentives stipulated in these documents for the remaining period from the tax period of 2015, including: Expanded investment projects which were licensed by competent agencies or were implemented during the period, meet the conditions of tax incentives up to the tax period of 2014 (fields eligible for CIT incentives or geographical areas eligible for CIT incentives including industrial zones, economic zones and high-tech zones); Investment projects commencing operations in industrial zones during the period, meet the conditions of tax incentives up to the tax period of 2014 (fields or geographical areas eligible for CIT incentive); Investment projects in geographical areas ineligible for CIT incentives before January 01, 2015 (including industrial zones, economic zones and high-tech zones), however, from January 01, 2015 they are in the geographical areas eligible for CIT incentives stipulated in Law 32/2013/QH13, Law 71/2014/QH13 and the guiding documents; For these conversion of incentive cases, the investment projects have not yet had any turnover up to the tax period of 2015, then the duration of application of the tax incentives is counted continuously from the first year of generating turnover from investment projects enjoying tax incentives. In case the investment projects have not yet had turnover up to the tax period of 2015, then the duration of application of tax exemption and reduction shall be counted continuously from the first year of assessable income from investment projects enjoying tax incentives (If no income is generated in the first three years from the first year of generating turnover from the investment project, the duration of tax exemption or reduction shall be counted from the fourth year of generating turnover). Audit Tax Advisory Outsourcing Crowe Horwath Vietnam

3 Personal Income Tax The cases of Personal Income Tax exemption and reduction According to the guidance of Official Letter 2977/TCT-TNCN dated July 23, 2015 issued by the General Department of Taxation, the cases of PIT exemption and reduction include: PIT reduction for individuals experiencing difficulties due to natural disasters, fires, accidents and fatal disease affecting the ability to pay taxes. PIT exemption under international treaties. PIT exemption for individuals working in ODA projects or projects of NGOs, for staff of United Nations Organization in Vietnam. 50% PIT reduction for individuals working in Economic Zones. Thus, individuals working in projects or high-tech enterprises are not subject to PIT exemption and reduction mentioned above. Compulsory Insurance Resolution 93/2015/QH13 on the implementation of the policy on once-off Social Insurance (SI) On June 22, 2015, Parliament issued Resolution 93/2015/QH13 on the implementation of the policy on once-off SI for employees. Accordingly, this Resolution states: Employees are allowed to reserve the period of SI contributions to be qualified for a pension in order to ensure life quality after working age according to the Social Insurance Law In case the employees participate in compulsory SI after 01 year off work and individuals participate in voluntary SI after 01 year not paying SI premiums and pay for less than 20 years, then they are able to receive once-off SI upon their request. For compulsory SI participants, basis for determining once-off SI is the average monthly salary used to calculate SI contributions. For voluntary SI participants, basis for determining one-off SI is the monthly average earnings used to calculate SI contributions. This Resolution shall take effect from January 01, Audit Tax Advisory Outsourcing Crowe Horwath Vietnam

4 Guidance on a number of articles of the Law on employment regarding Unemployment Insurance On July 31, 2015, the Ministry of Labour, Invalids and Social Affairs issued Circular 28/2015/TT-BLDTBXH to guide on a number of contents regarding Unemployment Insurance (UI). In which, some noticeable main contents are: In case an employee has entered multiple labour contracts, if his first labour contract expired, within 30 days of expiration, the next employer subject to compulsory UI, must prepare and submit the UI dossier for the employee. In case an employer concluded labour contract with an employee for seasonal work or specific work before January 01, 2015 with the duration from 03 months to less than 12 months and currently implementing the labour contracts; and the duration of the labour contract still remains at least 03 months or more as of January 01, 2015, then employers must purchase UI for employees since January 01, 2015 onwards. Specific guidance on the order and procedures of counseling placements for employee. Regulating the specific cases for determining whether employees entitled to unemployment benefits, refuse job vacancies without proper reason or not. Guidelines for calculating benefit amount, the number of months of benefits and the reserved duration of participating in UI. Regulating the cases in which employees entitled to unemployment benefits do not have to make monthly notifications about job searching. In addition, the Circular also provides the regulations on vocational training support for employees needing vocational training as well as regulations concerning support for training, retraining and improvement of professional skills to help employees maintain jobs. The Circular takes effect from September 15, The regulations in this Circular shall apply from January 01, Audit Tax Advisory Outsourcing Crowe Horwath Vietnam

5 Administration Procedures Guidance on electronic transactions in the tax field On July 28, 2015, the Ministry of Finance issued Circular 110/2015/TT-BTC to guide on electronic transactions in the tax field. The main contents of this Circular include: Guidance on the tax registration, tax declaration, tax payment, tax refund and receiving the dossier or other documents of taxpayer sent to Tax Authority by the electronic means. Providing services to support taxpayer searching for information, to send the notices of Tax Authority by electronic means. Stipulating the selection criteria, procedures and order of signing agreement with organization providing value added service on electronic transactions in the tax field; performing electronic transactions in the tax field via this organization. Note that this Circular does not regulate the electronic transactions on tax for the goods in the import-export section at Customs Authority. This Circular takes effect from September 10, In case taxpayers have made tax declaration by electronic means before the effective date of this Circular, they shall be forwarded to implement the other administrative procedures by electronic means, declare additional information under the provisions of Article 16, shall not re-register under the provisions of Article 15 of this Circular. The dossiers and the provisions on overseas profit remittance Circular 186/2010/TT-BTC issued by the Ministry of Finance on November 28, 2010 has detailed instructions regarding remittance of overseas profit from direct investment in Vietnam. Recently, on July 15, 2015, Hanoi Tax Department once again referred to this issue in Offical Letter 45838/CT-HTr. Accordingly: In case the Financial Statements of arising profit year remain accumulated losses after transferring losses, the Company is not allowed to share profits for capital contributors and foreign investors are not allowed to remit their shared profits in that year to their home country under the guidance in paragraph 3 of Article 3 of Circular 186/2010/TT-BTC. In case of overseas profit remittance under the provisions, the Company must submit the audited Financial Statements, declaration of Corporate Income Tax of year suggested remitting abroad. Investors need to provide dossiers and documents determining the profits remitted abroad, including: Meeting minutes of Board of Management approving the distribution of profits. Announcement of overseas profit remittance (This announcement must be sent to the directly managing tax authority at least 07 working days before overseas profit remittance). Audit Tax Advisory Outsourcing Crowe Horwath Vietnam

6 Others Circular 103/2015/TT-BTC providing the list of exported and imported commodities On July 01, 2015, the Ministry of Finance issued Circular 103/2015/TT-BTC to provide the list of exported and imported commodities. At the same time, the Ministry of Finance also published six general rules to explain the classification of goods under the list of exported and imported commodities based on the Harmonized Commodity description and coding system (HS) of World Customs Organization. Shown on the Excel file and presented as a bilingual document in English and Vietnamese, the list is appraised to be favorable in the comparison and search of information. Circular 103/2015/TT-BTC takes effect after 45 days from the date of signing. Audit Tax Advisory Outsourcing Crowe Horwath Vietnam

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