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Viet Nam - A Guide for Business and Investment - asean-korea centre

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A tax reduction of 50% is available when a <strong>for</strong>eign investor’scapital is transferred to an enterprise which isestablished under <strong>Viet</strong>namese laws.refund are: input VAT is larger than output VAT in 3consecutive months; exporters; input VAT on fixed assetsacquired, etc.Value Added Tax (“VAT”)Import DutyVAT applies to goods <strong>and</strong> services consumed in <strong>Viet</strong><strong>Nam</strong> (including goods <strong>and</strong> services purchased fromabroad) <strong>and</strong> are collected during production, trading,provision of services <strong>and</strong> import stages. When supplyinggoods <strong>and</strong>/or services subject to VAT, the businessmust charge VAT on the value of goods or servicessupplied. The importer must pay import VAT to the customsoffice at the same time they pay import duties.The <strong>Viet</strong> <strong>Nam</strong> VAT system has three rate categories:0%, 5%, <strong>and</strong> 10% (the st<strong>and</strong>ard rate). The 0% rate appliesto exported goods <strong>and</strong> exported services (withsome exceptions). Exported goods are goods sold tooverseas or to export processing zones/export processingenterprises. Exported services are servicesprovided to <strong>and</strong> being consumed overseas. The 5%rate applies to areas of the economy concerned withthe provision of essential goods <strong>and</strong> services. The st<strong>and</strong>ardcommon 10% rate applies to other activities <strong>and</strong>goods not specified as subject to the 5% rate. Additionally,there are 29 categories of goods <strong>and</strong> services thatare VAT exempt.The <strong>Viet</strong>namese VAT system is also characterised bytwo types of VAT payers: deduction method VAT payers<strong>and</strong> direct method VAT payers. All companies <strong>and</strong>business organisations are deduction method VAT payers.They will issue VAT invoices, charge output VAT tocustomers <strong>and</strong> claim input VAT through conventionalVAT returns.The direct method generally applies to small businesshouseholds which do not keep proper accounting records<strong>and</strong> <strong>for</strong>eign contractors (<strong>for</strong>eign companiesper<strong>for</strong>ming business in <strong>Viet</strong>nam/having contracts with<strong>Viet</strong>namese customers without establishing alegal entity in <strong>Viet</strong> <strong>Nam</strong>) who do not want to maintain<strong>Viet</strong>namese accounting records. For these businesses,VAT is calculated at a deemed rate on gross turnover.VAT refund is eligible. Some of the examples <strong>for</strong> VATGenerally, all goods crossing <strong>Viet</strong>namese borders aresubject to import/export duties. Import duty rates areclassified into three categories: ordinary rates, preferentialrates <strong>and</strong> special preferential rates.Preferential rates are applicable to imported goodsfrom countries that enjoy most-favoured-nation status(“MFN”) with <strong>Viet</strong> <strong>Nam</strong>. Currently, 89 countries enjoyMFN with <strong>Viet</strong> <strong>Nam</strong>. Special preferential rates are applicableto imported goods from countries that havespecial agreement with <strong>Viet</strong> <strong>Nam</strong> (such as ASEAN countries).<strong>Viet</strong> <strong>Nam</strong> joined ASEAN Free Trade Area (AFTA)in 1996. Under the AFTA Common Effective PreferentialTariff (CEPT) Scheme, <strong>Viet</strong> <strong>Nam</strong> has committed togradually eliminate all import tariffs in its Inclusion List.The ordinary rates are generally imposed at 150% ofthe preferential rates.Export DutyThe export of goods is encouraged by the Governmentof <strong>Viet</strong> <strong>Nam</strong>. Thus, export duties are only charged on afew items, basically natural resources such as minerals<strong>and</strong> <strong>for</strong>est products but also on rice, seafood <strong>and</strong> scrapmetal. Export rates range from 0% - 45%.Customs Post<strong>Viet</strong> <strong>Nam</strong> - A <strong>Guide</strong> <strong>for</strong> <strong>Business</strong> <strong>and</strong> <strong>Investment</strong> 37PART III. BUSINESS AND FOREIGN INVESTMENT ENVIRONMENT

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