MINISTRY OF FINANCE
GENERAL DEPARTMENT OF TAXATION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 3847/TCT-TNCN
RE: introduction to new
contents of Circular No. 96/2016/TT-BTC.
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Hanoi, August
23, 2016
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To: Provincial
Departments of Taxation
On June 28, 2016, the
Ministry of Finance promulgated Circular No. 96/2016/TT-BTC on documents and
procedures for grant of exemption from personal income tax to foreign experts
participating in programs and projects funded by foreign non-governmental aid
in Vietnam, which comes into force from August 15, 2016.
Provincial Departments of
Taxation shall disseminate the Circular among tax officials and taxpayers in
their provinces, especially the following contents:
1. Scope
Circular No.
96/2016/TT-BTC replaces Circular No. 55/2007/TT-BTC dated May 29, 2007 and
comes into form from August 15, 2016. Circular No. 96/2016/TT-BTC only provides
for documents and procedures for grant of exemption from personal income tax to
foreign experts who directly participate in programs and projects funded by
foreign non-governmental aid in Vietnam. Policies on exemption from personal
income tax shall comply with the Prime Minister’s Decision No. 06/2016/QĐ-TTg
dated February 22, 2016, which consist of: scope, taxpayers eligible for
exemption, conditions for exemption, tax-free incomes.
2. Documents and procedures for grant of tax exemption
Pursuant to Article 2 of
Circular No. 96/2016/TT-BTC:
2.1. Application for
tax exemption
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- The confirmation of
foreign experts’ participation and request for personal income tax exemption
submitted by the governing body (in case the foreign expert has a contract with
the governing body) or foreign non-governmental aid manager (in case the
foreign expert has a contract with the foreign NGO or aid manager) on the
income from direct participation in a non-governmental program/project in
Vietnam (template No. 01/XNCG-ĐNMT enclosed with the Circular);
- Relevant documents:
+ A copy of the Decision
to approve the foreign non-governmental aid program/project in Vietnam.
+ A copy of the program/project
instrument approved by a Vietnamese competent authority.
+ A copy of the contract
between the foreign expert and the foreign NGO or governing body or aid
manager.
Previous
regulations did not specify
documents relevant to foreign experts’ tax-free income.
2.2. Deadline for
submitting application for tax exemption
The application shall be
submitted within 30 days from the effective date of the foreign expert’s
contract. The governing body or aid manager shall send the application to the
tax authority.
Previous
regulations did not specify the
deadline for submitting applications for tax exemption and foreign experts
shall send their applications to the tax authority.
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The receiving body varies
on a case-by-case basis:
- If the foreign expert
has a contract with the governing body, the application shall be submitted to
the Provincial Department of Taxation of the province where the governing body
is located.
- If the foreign expert
has a contract with the foreign NGO or aid manager, the application shall be
submitted to the Provincial Department of Taxation of the province where the
aid manager’s office is located.
According to
previous regulations, the
application for tax exemption shall be submitted to Provincial Department of Taxation
of the province where the project management board or project owner's office is
located.
2.4. Procedures for
granting tax exemption:
Within 15 working days
from the day on which the satisfactory application is received, the tax
authority shall issue a confirmation of personal income tax exemption (template
No. 02/XNMT enclosed herewith) or a notice of ineligibility for tax exemption
(template No. 03/TB-KMT enclosed with the Circular)
Previous
regulations did not specify a
deadline for the tax authority to issue a confirmation of personal income tax
exemption or a notice of ineligibility for tax exemption.
2.5. In case of
replacement of a foreign expert while the application for tax exemption has
been sent to the tax authority, the governing body or aid manager shall send
the application as if it is submitted for the first time.
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PP DIRECTOR
DEPUTY DIRECTOR
Cao Anh Tuan