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)

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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:

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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:

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b.1.1) For Vietnamese citizen: the regular residence is the place where that person regularly, stably, and indefinitely lives and has been registered as permanent residence as prescribed by regulations of law on residence.

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.

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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.

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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:

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

In case difficulties are encountered during the implementation of tax policies, Zoomlion Vietnam should study instructional documents of Hanoi Tax Department on http://hanoi.gdt.gov.vn or contact Inspection Department No. 1 for assistance.

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