GENERAL DEPARTMENT OF TAXATION OF VIETNAM
HANOI TAX DEPARTMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 40822/CTHN-TTHT
Re: Identification of residents

Hanoi, June 12, 2023

 

To: Zoomlion Vietnam Co., Ltd.
(Address: 9th floor, Center Building, No. 1 Nguyen Huy Tuong street, Thanh Xuan Trung ward, Thanh Xuan district, Hanoi, TIN: 0104555334)

On May 18th 2023, Hanoi Tax Department received Official Dispatch No. 1705/2023-DN-CV of Zoomlion Vietnam Co., Ltd. enquiring about identification of residents among foreign workers. Below is the response of Hanoi Tax Department:

Clause 1 Article 1 of Circular No. 111/2013/TT-BTC dated 15/08/2013 of the Ministry of Finance providing guidelines for implementation of the Law on Personal Income Tax, the Law on Amendments to the Law on Personal Income Tax and the Government’s Decree No. 65/2013/ND-CP elaborating the Law on Personal Income Tax and the Law on Amendments to the Law on Personal Income Tax:

“1. A resident is a person that meets one of the conditions below:

a) He/she has been present in Vietnam for at least 183 days in a calendar year or for 12 consecutive months from the first day of his/her presence in Vietnam (the date of arrival and date of departure are considered 01 day). The date of arrival and date of departure depends on the certification of the immigration agency on the passport (or laissez-passers) when that person enters and leaves Vietnam. If the person enters and leaves Vietnam within one day, it will be considered a day of residence.

A person in Vietnam defined in this Point is the presence of that person in Vietnam’s territory.

b) He/she has a regular residence in Vietnam in one of the following cases below:

b.1) He/she has a regular residence according to regulations of law on residence:

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b.1.2) For foreigners: the regular residence is the permanent residence written in the permanent residence card, or the temporary residence when applying for the temporary residence card issued by a competent authority affiliated to the Ministry of Public Security.

b.2) He/she rents a house in Vietnam according to regulations of law on housing under a contract that has a term of at least 183 days in the tax year. To be specific:

b.2.1) A person who has no regular residence defined in Point b.1 Clause 1 of this Article will be considered a resident if he/she has a total house lease period of at least 183 days in the tax year under various lease contracts, even if a he/she rents houses in different locations.

b.2.2) The rented houses can be hotels, guesthouses, motels, offices, etc. whether they are rented by the person or their employer.

If the person has a regular residence in Vietnam according to this Clause but his/her actual presence in Vietnam is shorter than 183 days in the tax year and he/she fails to prove his/her residency in any other country, that person will be considered a resident of Vietnam.

The residency in another country shall be proved by the Certificate of residence. If the person is a citizen of a country or territory that has signed a tax agreement with Vietnam and does not issue the Certificate of residence, that person shall present a photocopy of the passport to prove the period of residence."

Pursuant to the above regulations, Hanoi Tax Department has the following opinions:

If Zoomlion Vietnam has foreign workers who satisfy one of the conditions specified in Clause 1 Article 1 of Circular No. 111/2013/TT-BTC dated 15/08/2013 of the Ministry of Finance, they can be identified as residents.

Zoomlion Vietnam needs to compare the actual residency of the foreign workers with the aforementioned regulations in order to properly identify their resident status.

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For your information and compliance./.

 

 

PP DIRECTOR
DEPUTY DIRECTOR




Nguyen Huu Hung

 

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