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November 2023 News Summary

I. Decision NO. 1388/QD-TCT on applying risk management in classification of value added tax (VAT) refund documents


Issued by: General Department of Taxation

Issued Date: September 18, 2023. Effective date: September 18, 2023


On September 18, 2023, the General Director of the General Department of Taxation issued Decision 1388/QD-TCT applying risk management in classifying VAT refund dossiers and selecting taxpayers to develop post-tax refund inspection plans with the following content:


1. Subjects of application

  • Subjects of application: Businesses and organizations that have dossiers requesting VAT refund.

  • Scope of application: Tax refund dossiers for investment projects and tax refunds dossiers for exported goods and services.


2. New set of criteria for classifying VAT refund documents


Accordingly, the Set of Criteria Indexes for classifying VAT refund dossiers and selecting taxpayers with signs of risk to develop a post-tax refund inspection and examination plans include 03 groups, specifically:

  • Group I: Group of criteria index for classifying VAT refund applications subject to inspection first and tax refund later;

  • Group II: Group of criteria index for classifying VAT refund applications according to the risk scoring method;

  • Group III: Criteria index according to management requirements of tax authorities.


The Set of Criteria Indexes for classifying VAT refund dossiers and selecting taxpayers to develop a post-tax refund inspection and examination plan are specified in detail in Appendix I attached to the Decision.


3. The main purpose of the regulations on applying risk management in classifying VAT refund dossiers

  • It is a basis to help tax authorities evaluate and rank risks for taxpayers with VAT refund applications.

  • The results of risk evaluation and ranking for taxpayers at the above point are the basis for:

  • Decision to check then refund tax for VAT refund applications of taxpayers ranked high risk;

  • Developing a plan for post-refund inspection for VAT refund dossiers subject to refund then inspect according to the taxpayer's risk rating.

  • Standardize the content and work steps, create consistency in selecting taxpayers with signs of risk to classify VAT refund dossiers and develop post-refund inspection plans.

  • Contribute to promoting reform and modernization of the selection of taxpayers showing signs of risk, promptly detecting tax law violations and improving tax management efficiency.

4. Source of information to classify tax dossiers


Tax ofices collect information from the following sources:


a) From the tax database, centrally managed at the General Department of Taxation through the application of information technology and processed, shared, and provided to tax authorities at all levels to perform tax management according to regulations of the Law;


b) From Tax Applications: Information exploitation from tax industry applications is carried out according to a synchronous, automatic, and periodic mechanism from tax management applications to risk management applications;


c) From other external sources:

  • Information about financial transactions via banks with suspicious signs provided by the banking inspection and supervision agency according to Regulation No. 1319/QCPH-CQTTGSNH-TCT dated May 11, 2015;

  • Information on handling smuggling and illegal transportation of goods across borders, commercial fraud; handling administrative violations of customs procedures; risk ranking of import and export taxpayers provided by the General Department of Customs according to the Regulation on information exchange and coordination between the General Department of Customs and the General Department of Taxation issued together with Decision No. 2413/QD-BTC dated November 23, 2017;

  • Information about enterprises being transferred to the police offices by tax offices is carried out according to Joint Circular 85/2016/TTLT-BTC-CA dated June 20, 2016 of the Minister of Finance and the Minister of Police regulating coordination in protecting national security and ensuring social order and safety in the financial sector and Regulations issued under Decision No. 489/QD-TCT dated April 7, 2022 of the Director General of the General Department of Taxation on transferring information about tax cases and criminal reports, dossiers recommending prosecution for tax law violations showing signs of crime to the investigation agency or amending, supplementing or replacing Decisions.


II. Officially reducing 2% value added tax (VAT) until June 30, 2024 according to resolution 110/2023/QH15


Issued by: The Government

Issued date: November 1, 2023. Effective date: November 1, 2023


On November 29, 2023, the National Assembly approved Resolution 110/2023/QH15 on the 6th Session, 15th National Assembly, including Section 10 agreeing to reduce VAT until June 30, 2024.


Specifically, groups of goods and services applying a tax rate of 10% as prescribed in Point a, Section 1.1, Clause 1, Article 3 of Resolution 43/2022/QH15 of the National Assembly on Fiscal and monetary policies support the socio-economic recovery and development program will be reduced the VAT rate by 2% in the first 6 months of 2024.


Some groups of goods and services are not eligible for VAT reduction:

  • Telecommunication;

  • Information technology;

  • Financial activities, banking, securities, insurance, real estate business;

  • Metals, fabricated metal products, mining products (excluding coal mining), coke, refined petroleum, chemical products;

  • Products and services subject to excise duties. The VAT reduction application period is from January 1, 2024 to June 30, 2024.


III. Decree 77/2023/ND-CP on management of importation of remanufactured goods under comprehensive and progressive agreement for Trans-pacific partnership (“CPTPP”)


Issued by: The Government

Issued date: November 02,2023. Effective date: January 01,2024


On November 2, 2023, the Government issued a Decree on the List of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Agreement in the Appendices of Decree 77/2023/ND-CP as follow:


1. Regulated entities


Remanufacturing enterprises, remanufacturing facilities, brand-owners, importers of manufactured goods, and authorities, organizations and individuals involved in the importation of manufactured goods under CPTPP agreement.


2. Lists of remanufactured goods

  • List of remanufactured goods under the management of the Ministry of Information and Communications of Vietnam is provided in Appendix I enclosed herewith;

  • List of remanufactured goods under the management of the Ministry of Health of Vietnam is provided in Appendix II enclosed herewith;

  • List of remanufactured goods under the management of the Ministry of Transport of Vietnam is provided in Appendix III enclosed herewith;

  • List of remanufactured goods under the management of the Ministry of Industry and Trade of Vietnam is provided in Appendix IV enclosed herewith;

  • List of remanufactured goods under the management of the Ministry of Agriculture and Rural Development of Vietnam is provided in Appendix V enclosed herewith;

  • Columns “HS code” and “Description” in Appendixes I, II, II, IV, V enclosed herewith comply with Vietnam’s nomenclature of exports and imports and legislative documents providing amendments thereto.


3. Requirements for imported remanufactured goods


Conditions for remanufactured goods to be imported into Vietnam:

  • It is imported under an import license as prescribed in this Decree including import licenses by batch or limited-term import licenses;

  • It meets the rules of origin set out in CPTPP.

  • It meets all relevant regulations of the law of Vietnam and specialized laws that apply to equivalent goods in new condition. In each specific case, there will be the following regulations: labeling, quality of products, technical standards and regulations, energy efficiency, radiation safety, cyberinformation security, measurement, environmental protection, protection of intellectual property rights, and other regulations;

For information on the market, the original or secondary label of refurbished goods must display in Vietnamese the phrase "Remanufactured goods" in a position and in a size that can be seen and read with the naked eye.


IV. Official dispatch NO.3731/BHXH-CSXH instruction for reserving unemployment insurance payment period which last over 144 months


Issued by: Vietnam Social Insurance

Issued date: November 08, 2023. Effective date: November 08, 2023


On November 8, 2023, Vietnam Social Insurance issued Official Dispatch No. 3731/BHXH-CSXH implementing Official Dispatch 4379/LDTBXH-VL of the Ministry of Labor, War Invalids and Social Affairs on reserving the unemployment insurance payment period of over 144 months.


In the document, Vietnam Social Insurance requests the Social Insurance of provinces and centrally run cities (collectively referred to as provincial social insurance) to implement:


(1) Review and cut the unemployment insurance payment process of over 144 months that has been reserved on the software system (TST) from January 1, 2021 to present for cases with unemployment insurance payment period of over 144 months. month has been resolved to enjoy unemployment benefits for a maximum of 12 months in accordance with the instructions in Official Dispatch 4379/LDTBXH-VL.


(2) When confirming the period of unemployment insurance payment for employees quitting their jobs, re-issuing books or separate sheets of social insurance books: Check the number of times, the period of unemployment allowance benefits and the period of unemployment insurance payment are reserved for later. When receiving unemployment allowance of the employee to cut off the unemployment insurance payment process, the unemployment insurance payment process is over 144 months according to regulations.


(3) When receiving decisions from the Employment Service Center

  • Check the reserved unemployment insurance payment period recorded on the decision on unemployment benefits and termination of unemployment insurance benefits for cases with unemployment insurance payment period of over 144 months. In case the reservation of unemployment insurance payment time is not in accordance with the instructions in Official Dispatch 4379/LDTBXH-VL, payment shall be made according to the procedures of Vietnam Social Insurance specified in Decision 166/QD-BHXH dated January 31, 2019;

  • Check the number of times and duration of unemployment allowance benefits and unemployment insurance payment period that are reserved when the previous unemployment allowance benefits are terminated. In case the reserved unemployment insurance payment period is not correct according to the instructions in Official Dispatch 4379/LDTBXH-VL, confirm the unearned unemployment insurance payment period on the social insurance book and send a document to the Department of Labor, War Invalids and Society proposed to re-adjust the employee's decision to enjoy unemployment benefits. Pursuant to the adjustment decision of the Department of Labor, War Invalids and Social Affairs to organize payment of unemployment benefits to employees.

V. Official dispatch NO. 6110/TCHQ-GSQL on implementation of customs procedures for goods sent via express delivery services


Issued by: General Department of Customs.

Issued date: November 24, 2023


The General Department of Customs issued Official Dispatch No. 6110/TCHQ-GSQL dated November 24, 2023 on implementation of customs procedures for goods sent via express delivery service.


Specifically, the General Department of Customs requires the Customs Departments of provinces and cities to carry out customs procedures for group 2 export and import goods sent via international express delivery service as follows:


a) For goods sent via international express delivery services transported by air or sea, the Customs Department of provinces and cities and express delivery businesses carry out customs procedures on the VNACCS/VCIS system according to current regulations.


b) For goods sent via international express delivery services transported by road, the Customs Departments of provinces and cities and express delivery businesses carry out customs procedures as follows:

  • Enterprises carry out paper customs procedures as prescribed in Clauses 6 and 8, Article 2 of Circular 56/2019/TT-BTC.

  • Provincial and city Customs Departments comply with the provisions of Clause 2, Article 10 of Circular 191/2015/TT-BTC amended and supplemented in Clause 8, Article 2 of Circular 56/2019/TT-BTC and regulations defined in Article 45 to Article 51 of customs procedures for exported and imported goods issued together with Decision 1966/QD-TCHQ in 2015.

VI. Official dispatch NO.6087/TCHQ-GSQL of 2023 on customs procedures for tempoparily imported goods for re-export


Issued by: General Department of Customs

Issued date: November 24, 2023


On November 24, 2023, the General Department of Customs issued Official Dispatch No.6087/TCHQ-GSQL on customs procedures for temporarily imported and re-exported goods.


Legal basis:

  • According to Clause 1, Article 15 of Decree 69/2018/ND-CP dated May 15, 2018 of the Government

  • Article 50 of Decree 08/2015/ND-CPP dated January 21, 2015 is amended and supplemented in Clause 23, Article 1 of Decree 59/2018/ND-CP of the Government

  • Article 35 of Decree 08/2015/ND-CP dated January 21, 2015 of the Government


From the above regulations, the General Department of Customs has the following instructions: Equipment, machinery, construction vehicles, transportation vehicles, molds and samples rented or borrowed from foreign countries for production by Vietnamese enterprises for construction, project installation, project implementation, testing, temporarily imported into Vietnam, when the lease term expires, it must be re-exported and returned to foreign traders.


On-the-spot import and export procedures are not applied in cases where foreign traders designate the delivery of goods temporarily imported for re-export in Vietnam to Vietnamese enterprises.


VII. Official dispatch NO. 3119/HQTPHCM-GSQL Gguiding procedures for exporting used goods type B11


Issued by: General Department of Customs

Issued date: November 02, 2023


On October 25, 2023, City Customs Department. Ho Chi Minh City received Official Dispatch No. 02/GEHCVN from GE Healthcare Vietnam Co., Ltd. guiding procedures for exporting used goods type B11. Regarding the above issue, the City Customs Department. Ho Chi Minh has the following opinion:

  • Hazardous waste classification is carried out according to hazardous waste codes, categories and thresholds as prescribed in Circular No. 02/2022/TT-BTNMT dated January 10, 2022 of the Ministry of Natural Resources and Environment. Environment regulates in detail the implementation of a number of articles of the Law on Environmental Protection and QCVN 07:2009/BTNMT on Environmental Technical Regulations on hazardous waste thresholds.

  • In case the goods are determined to be hazardous waste, comply with the provisions of Circular No. 02/2022/TT-BTNMT dated January 10, 2023 detailing the implementation of a number of articles of the Law on Environmental Protection; Specifically, when exporting, enterprises must obtain written approval from the Ministry of Natural Resources and Environment to export hazardous waste.

  • Cases that are not identified as hazardous waste (for example: goods that are waste, or used goods... are not subject to export ban according to the Law on Environmental Protection and the Law on Foreign Trade Management ) then export procedures shall comply with regulations on environmental protection law, foreign trade management law and guiding documents of relevant specialized management ministries.


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