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FEBRUARY 2023 NEWS SUMMARY

1. DECREE 91/2022/ND-CP SUPPLEMENTS TO THE DEADLINES FOR SUBMISSION OF CIT DECLARATION AND PAYMENT

Issued by: The Government, effective date: October 30, 2022


Pursuant to Clause 1, Article 1, Decree 91/2022/ND-CP stipulates:


“In case the last day of the deadline for submission tax declaration dossiers, the deadline for tax payment, the deadline for the tax administration offices to process dossiers, or the validity period of the enforcement decision falls on a public holiday as prescribed, then the last day of such deadline shall be the next working day.”

Accordingly, the provisional CIT payment schedule for 2023 is as follows:

  • Deadline for provisional payment of CIT for the fourth quarter of 2022: Enterprises must pay at least 80% of payable CIT according to the annual finalization by January 30, 2023.

  • Deadline for provisional payment of CIT for the first quarter of 2023: In 2023, the holiday schedule for The Hung Kings' Temple Festival, April 30th Reunification Day and May 1st International Labor Day will be extended from April 29th, 2023, to the end of May 3rd, 2023, the deadline for provisional CIT payment for the first quarter of 2023 is May 4, 2023, at the latest.

  • Deadline for provisional payment of CIT for the second quarter of 2023: Since July 30, 2023, is a Sunday coinciding with a weekly rest day, the deadline for provisional CIT payment for the second quarter is July 31, 2023.

  • Deadline for provisional payment of CIT for the third quarter of 2023: No later than October 30, 2023.

  • Deadline for provisional payment of CIT for the fourth quarter of 2023: Enterprises must temporarily pay at least 80% of payable CIT according to the annual finalization by January 30, 2024.

2. DRAFT DECREE REGARDING THE EXTENSION OF DEADLINE FOR VALUE-ADDED TAX PAYMENTS FOR 2023

Issued by: Ministry of Finance, effective date: Not yet.


The Ministry of Finance is now collecting comments on a draft decree on extension of deadlines for VAT payment (except for VAT at the import stage) as follows:


The extension time of VAT payment deadline is from January to June 2023 (for the case of monthly VAT declaration) and the tax period of the first and second quarter of 2023 (for the case of quarterly VAT declaration).


The extension period is 06 months for the VAT amount incurred from January to May 2023 and the 1st quarter of 2023, 05 months for the VAT amount incurred from June 2023 and the 2nd quarter of 2023. The period is extended from the last day of VAT payment deadline as prescribed by law.

Enterprises and organizations eligible for the extension shall declare and submit monthly and quarterly VAT declarations without paying the payable VAT amounts on the VAT declarations.


The deadline for monthly and quarterly VAT payment is extended as follows:

  • The deadline for VAT payment of the tax period of January 2023 is August 21, 2023, at the latest.

  • The deadline for VAT payment of the tax period February 2023 is September 20, 2023, at the latest.

  • The deadline for VAT payment of the tax period March 2023 is October 20, 2023, at the latest.

  • The deadline for VAT payment of the tax period April 2023 is November 20, 2023, at the latest.

  • The deadline for VAT payment of the tax period May 2023 is December 20, 2023, at the latest.

  • The deadline for VAT payment of the tax period June 2023 is December 20, 2023, at the latest.

  • The deadline for VAT payment of the tax period of the 1st quarter of 2023 is October 30, 2023, at the latest.

  • The deadline for VAT payment of the tax period of the 2nd quarter of 2023 is December 31, 2023, at the latest.

3. CIRCULAR NO. 20/2022/TT-NHNN ON GUIDELINES FOR ONE-WAY MONEY TRANSFER FROM VIETNAM TO ABROAD AND PAYMENT, MONEY TRANSFER FOR OTHER CURRENT TRANSACTIONS OF RESIDENTS BEING ORGANIZATIONS AND INDIVIDUALS

Issued by: The State Bank of Viet Nam, effective date: February 15, 2023


According to Circular 20/2022/TT-NHNN issued by the State Bank of Vietnam on December 30, 2022, cases of purchase, transfer and carrying of foreign currency abroad to serve the organization's sponsorship and aid purposes includes:

  • Purchase, transfer, carrying of foreign currency abroad for sponsorship and aids according to commitments and agreements with foreign countries. Sponsorship and aid sources are from the budget of the funding body itself.

  • Purchase and transfer of foreign currency abroad for sponsorship and aids in mitigating the impacts of natural disasters, epidemics and wars. Sponsorship and aid sources are voluntary contributions from domestic organizations and individuals and/or from the funding body.

  • Purchase and transfer of foreign currency abroad to sponsor programs, funds and projects established by domestic and/or overseas organizations to support and encourage development in cultural, educational and medical fields. Sponsorship sources are the funds of the funding body itself.

In addition, there are cases of purchase and transfer of money abroad by an organization to serve other purposes.

In addition, the Circular also mentions Payment, money transfer for other current transactions of residents being organizations and individuals include:

  • Payments and money transfers related to the following activities: temporary import, re-export, temporary export, re-import, transit, goods purchase and sale for foreign traders as agencies and hiring foreign traders as foreign sales agents, processing goods for foreign traders and ordering goods processed abroad, buying and selling goods through the Mercantile Exchanges in Vietnam that links with the foreign Mercantile Exchanges, other activities related to international goods purchase and sale;

  • Payment, money transfer related to social insurance contributions, social insurance payments.

  • Payment and transfer of money related to premiums of insurance, reinsurance, insurance cession, insurance brokerage, ancillary insurance according to international treaties to which Vietnam is a member or pay compensation, insurance benefits.

  • Payment or transfer of money according to a legally effective decision or judgment of a court or arbitration; or a decision of a competent Vietnamese authority.

  • Payment and transfer of money related to fines and compensation for property damage or injury that have not been paid by insurance. Payment and money transfer for current transactions must be made through authorized banks.

4. CIRCULAR 25/2022/TT-BTTTT ON DETERMINING IMPORTED MATERIALS, SUPPLIES AND COMPONENTS THAT ARE SUBJECT TO EXEMPTION FROM IMPORT DUTY AND DIRECTLY USED FOR PRODUCTION OF INFORMATION TECHNOLOGY, DIGITAL AND SOFTWARE PRODUCTS

Issued by: Ministry of Information and Communications, effective date: February 15, 2023


According to Circular 25/2022/TT-BTTTT issued by the Ministry of Information and Communications on December 31, 2022, the determination of imported raw materials, supplies and components that are subject to exemption from import duty must meet the following criteria:

  • Being materials, supplies and components directly used for goods production under the list of software, hardware and electronic products prescribed in Circular No.09/2013/TT-BTTTT that is amended and supplemented in Circular No.20/2021/TT-BTTTT; or under the List of digital products as prescribed by the Ministry of Information and Communications. Based on the development and management policies in each period, the Ministry of Information and Communications shall update and adjust the lists accordingly.

  • Not included in the list of machines, equipment, materials, supplies and components that are used in the telecommunications – information technology industry, digital contents, software that can be domestically produced as prescribed in Appendix 8 issued with Circular No.05/2021/TT-BKHDT

5. CIRCULAR 18/2022/TT-BYT AMENDING, SUPPLEMENTING TO CIRCULAR NO. 56/2017/TT-BYT ON ELABORATION OF THE LAW ON SOCIAL INSURANCE AND THE LAW ON SOCIAL SAFETY IN THE HEALTH SECTOR

Issued by: Ministry of Health, effective date: February 15, 2023


Accordingly, Circular 18 stipulates that employees suffering from occupational accidents or diseases who have undergone a health assessment to qualify for the benefits of occupational accident and disease are entitled to initiatively take a re-assessment of working capacity reduction level if necessary.


Also, according to the circular, employees are also paid the fee for re-assessment by the Occupational Accident and Disease Insurance Fund in case the re-assessment results are qualify for an increase in the allowance for occupational accidents and diseases.


If the re-assessment results are not qualified for an increase in the allowance, the employee who initiatively requests for a re-assessment will have to bear the cost of the assessment.

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