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LEGAL UPDATE

07/2022

CREATED BY VIETVALUE LAW FIRM

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Updated text

1.Decree No. 123/2020/ND-CP issued by the Government on invoices and records

2. Circular No. 78/2021/TT-BTC issued by the Ministry of Finance guiding the implementation of a number of articles of the June 13rd, 2019 Law on Tax Administration, and the Government’s Decree No. 123/2020/ND-CP of October 19th, 2020 on invoices and records

3. Decree No. 41/2022/ND-CP issued by the Government amending and supplementing a number of articles of the Government's Decree No. 123/2020/ND-CP on invoices, records and Decree No. 15/2022/ND-CP of the Government stipulating tax exemption and reduction policies under Resolution No. 43/2022/QH15 of the National Assembly on fiscal policy, currency supports socio-economic recovery and development program

TAX, FEES, CHARGES

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Updated text

LABOUR

4. Decree No. 38/2022/ND-CP issued by the Government stipulates the minimum wage for employees working under labor contracts

5. Circular No. 10/2022/TT-BCT issued by the Ministry of Industry and Trade amending and supplementing a number of circulars on the implementation of Rules of Origin under the ASEAN Trade in Goods Agreement

6. Decree No. 35/2022/ND-CP issued by the Government on management of industrial parks and economic zones

TRADE - INVESTMENT

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1. Decree No. 123/2020/ND-CP issued by the Government on invoices and records

    • Add 2 new types of electronic invoices which are e-invoices for the sale of public property and e-invoices for the sale of national reserve goods;
    • Supplement regulations on paper invoices printed by tax authorities for sale for organizations and individuals who belong to cases that are eligible to purchase invoices from tax authorities;

Invoice:

    • Supplement regulations on records, including personal income tax deduction records, tax receipt, fees and charges presented in electronic form or ordered to be printed or self-printed.

Records:

Prohibited acts:

    • Prohibit tax officials from covering up or colluding for organizations and individuals to use illegal invoices and records; prohibit disturbing or cause to organizations/individuals to buy invoices and records.
    • Prohibit fraudulent acts in using illegal invoices, obstructing tax officials from performing their official duties; unauthorized access to falsify and destroy the information system on invoices and records; bribe or commit acts related to invoices in order to gain illicit profits with organizations/individuals selling goods, services, and individuals with related rights and obligations.

The Effective date: July 1st, 2022

The Issued date: October 19th, 2020

Clearly prescribe 07 acts of using illegal invoices and records, using illegal invoices and records.

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2. Circular No. 78/2021/TT-BTC issued by the Ministry of Finance guiding the implementation of a number of articles of the June 13rd, 2019 Law on Tax Administration, and the Government’s Decree No. 123/2020/ND-CP of October 19th, 2020 on invoices and records

For cases of using e-invoices with the tax authority's code without having to pay for services within 12 months from the date of using the invoice, the paper invoice shall be used when no transaction with the tax authorities by the electronic means, without information technology infrastructure, without an accounting software system, without e-invoice making software to use e-invoices and to transmit electronic data to buyers and to the tax authorities.

Business households and individuals using e-invoices from July 1st, 2022 include:

    • Pay taxes by the declaration method;
    • Pay taxes by the presumption method and wish to use invoices;
    • Declare taxes whenever the tax liability arises and wish to use invoices.

The Effective date: July 1st , 2022

The Issued date: September 17th, 2021

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3. Decree No. 41/2022/ND-CP issued by the Government amending and supplementing a number of articles of the Government's Decree No. 123/2020/ND-CP on invoices, records and decree No. 15/2022/ND-CP of the Government stipulating tax exemption and reduction policies under Resolution No. 43/2022/QH15 of the National Assembly on fiscal policy, currency supports socio-economic recovery and development program

For business establishments that calculate value-added tax by the credit method, the VAT rate of 8% shall apply to a number of goods and services as prescribed. If the goods or services are subject to different tax rates, the invoice must clearly state the VAT rate of each good or service.

The Effective date: June 20th, 2022

The Issued date: June 20th, 2022

Business establishments that calculate VAT according to the percentage method on revenue are entitled to a 20% reduction of the percentage rate to calculate VAT when issuing invoices.

Business establishments that have made VAT invoices according to the new regulations from February 1st, 2022 to June 20th, 2022 are still entitled to VAT reduction and do not have to adjust invoices, and are not penalized.

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Monthly minimum wage in 4 regions:

    • Zone I: VND 4.680.000/month
    • Zone II: VND 4.160.000/month
    • Zone III: VND 3.640.000/month
    • Zone IV: VND 3.250.000/month

4. Decree No. 38/2022/ND-CP issued by the Government stipulates the minimum wage for employees working under labor contracts

Minimum hourly wage in 4 regions:

    • Zone I: VND 22.500/hour
    • Zone II: VND 20.000/hour
    • Zone III: VND 17.500/hour
    • Zone IV: VND 15.600/hour

The Effective date: July 01st, 2022

The Issued date: June 12nd, 2022

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5. Circular No. 10/2022/TT-BCT issued by the Ministry of Industry and Trade amending and supplementing a number of circulars on the implementation of Rules of Origin under the ASEAN Trade in Goods Agreement

    • C/O form D as prescribed in Appendix II issued together with Circular 19/2020/TT-BCT (old form) shall be issued by the end of October 31st, 2022.
    • For C/O issued in the transition period from May 1st, 2022 to the end of October 31st, 2022, the customs authority will accept the old C/O form D and the new C/O form D.
    • For C/O form D issued since November 1st, 2022, the customs authority will only accept C/O form D issued according to the new form (specified in Appendix II issued together with Circular 10/2022/TT-BCT).

The Effective date: July 16th, 2022

The Issued date: June 01st, 2022

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6. Decree No. 35/2022/ND-CP issued by the Government on management of industrial parks and economic zones

The Effective date: July 15th, 2022

The Issued date: May 28th, 2022

Amend, and supplement many regulations related to planning industrial parks and economic zones to comply with the provisions of the Law on Planning; more detailed regulations on consideration and approval of investment policies for investment projects in construction and business of industrial infrastructure; policy provisions aimed at removing difficulties and promoting the development of industrial parks and industrial parks; on housing and service and utility works for employees in industrial zones; adding some contents related to industrial parks and new industrial zone models...

Industrial zones are determined to have been established since the date of competent authorities:

    • Decide the investment policy of the industrial park infrastructure project using public investment capital in accordance with the law on public investment;
    • Approve investment policies, approve investors or grant investment registration certificates to implement investment projects on construction and business of industrial park infrastructure in accordance with the provisions of the law on investment.

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