Are legal consulting services subject to value added tax exemption in Vietnam?

Are legal consulting services subject to value added tax (VAT) exemption in Vietnam?

Based on the regulations at Clause 8, Article 5 of the Law on Value Added Tax 2008 as amended by Clause 1, Article 1 of the Law on Value Added Tax (Amendment) 2013 regarding the non-taxable subjects as follows:

Non-taxable Subjects

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8. The following financial, banking, and securities trading services:

a) Credit granting services including: lending; discounting, rediscounting of negotiable instruments and other valuable documents; guarantee; financial leasing; issuance of credit cards; domestic factoring; international factoring; other forms of credit granting as prescribed by law;

b) Lending services of taxpayers who are not credit institutions;

c) Securities trading including: securities brokerage; securities dealing; securities issuance underwriting; securities investment advisory; securities depository; securities investment fund management; securities portfolio management; market organization services of stock exchanges or securities trading centers; other securities trading activities as prescribed by the legal regulations on securities;

d) Capital transfer including transferring part or all of the invested capital, including the case of selling enterprises to other enterprises for production, business, transferring securities; other forms of capital transfer prescribed by law;

dd) Sale of debts;

e) Foreign currency trading;

g) Derivative financial services including: interest rate swaps; forward contracts; futures contracts; options to buy, sell foreign currency; other derivative financial services as prescribed by law;

h) Sale of secured assets of the debt of organizations owned 100% by the State established by the Government of Vietnam to handle bad debts of Vietnamese credit institutions.

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Thus, according to the above regulations, legal consulting services are subject to value added tax.

Are legal consulting services subject to value added tax exemption in Vietnam? (Image from Internet)

What is the value added tax rate applicable to legal consulting services in Vietnam?

Based on Article 8 of the Law on Value Added Tax 2008 (as supplemented and amended by Clause 3, Article 1 of the Law on Value Added Tax (Amendment) 2013), the applicable VAT rates are specified as follows:

(1) The 0% tax rate applies to exported goods and services, international transportation, and goods and services not subject to VAT as prescribed in Article 5 of the Law on Value Added Tax 2008 when exported, except for the following cases:

- Technological transfer, transfer of intellectual property rights abroad;

- Reinsurance services abroad;

- Credit granting services;

- Capital transfer;

- Derivative financial services;

- Postal and telecommunication services;

- Exported products being mined natural resources, minerals not processed into other products as prescribed at Clause 23, Article 5 of the Law on Value Added Tax 2008.

Exported goods and services are those consumed outside Vietnam, in non-tariff zones; goods and services provided to foreign customers under regulations of the Government of Vietnam.”

(2) The 5% tax rate applies to the following goods and services:

- Clean water for production and living activities;

- Ore for fertilizer production; pest control drugs and plant growth stimulants;

- Services of digging, dredging canals, ditches, ponds, lakes for agricultural production; cultivation, care, and pest control for crops; preliminary processing, preserving agricultural products;

- Cultivated and bred aquatic products not yet processed, except for products specified in Clause 1, Article 5 of the Law on Value Added Tax 2008.

- Processed rubber latex; processed rosin; nets, strings, and yarn for knitting fishing nets;

- Fresh food; unprocessed forest products, except wood, bamboo shoots, and products specified in Clause 1, Article 5 of this Law;

- Sugar; by-products in sugar production, including molasses, bagasse, biogas;

- Products made of hemp, rush, rattan, bamboo, leaves, straw, coconut fibers, coconut shells, water hyacinths, and other handicraft products made from agricultural by-products; processed cotton; newspaper printing paper;

- Medical equipment, sanitary medical cotton, bandages; preventive and curative medicines; pharmaceutical products and raw materials for producing curative and preventive medicines;

- Teaching and learning aids, including models, drawings, blackboards, chalk, rulers, compasses, and specialized teaching, research, and laboratory equipment;

- Cultural, exhibition, sports activities; performing arts, film production; import, distribution, and screening of films;

- Toys for children; all kinds of books, except books specified in Clause 15, Article 5 of the Law on Value Added Tax 2008;

- Scientific and technological services in accordance with the Law on Science and Technology.

- Sale, lease, and lease-purchase of social housing in accordance with the Law on Housing.”

(3) The 10% tax rate applies to goods and services not specified in tax rates (1) and (2).

Thus, according to the above regulations, legal consulting services do not fall under the 0% or 5% tax rate categories. Therefore, this service is subject to a 10% tax rate.

What are regulations on the current time of value added tax determination in Vietnam?

Pursuant to Article 8 of Circular 219/2013/TT-BTC, the current time of value added tax determination is regulated as follows:

- For the sale of goods, it is the time of the transfer of ownership or right to use the goods to the buyer, regardless of whether payment has been received.

- For service provision, it is the time of completion of service provision or the time of issuing the service provision invoice, regardless of whether payment has been received.

For telecommunications services, it is the time of data reconciliation on telecommunications service charges according to economic contracts between telecommunications service providers but not later than 2 months from the month the telecommunications service charges are incurred.

- For electricity and clean water supply activities, it is the date of recording the consumption meter readings to be recorded on the payment invoice.

- For real estate business activities, infrastructure construction, house construction for sale, transfer, or lease, it is the time of money collection according to the project's implementation progress or the payment progress stated in the contract. Based on the collected money, businesses perform VAT declaration on the output arising for the period.

- For construction and installation activities, including shipbuilding, it is the time of acceptance, handover of work, work items, completed construction, and installation volume, regardless of whether payment has been received.

- For imported goods, it is the time of registration of the customs declaration.