What are rules for registration for practices by tax agent employees in Vietnam?

What are rules for registration for practices by tax agent employees in Vietnam?

Pursuant to the provisions stipulated in Article 15 of Circular 10/2021/TT-BTC on the registration for practices by tax agent employees, as follows:

Registration for practices by tax agent employees

1. Rules for registration for practices by tax agent employees

a) The registration for the service of tax procedure services is conducted through the tax agent where the registrant is the legal representative of the tax agent or has an employment contract with the tax agent.

b) A tax agent employee is permitted to practice from the day the Tax Department announces that they meet the conditions for practicing tax procedure services.

c) At any given time, a person possessing a certificate for tax procedure services is only allowed to practice at one tax agent.

d) Tax agent employees are prohibited from practicing during the suspension or termination period of their tax procedure service practice.

2. The legal representative of the tax agent is responsible before the law for verifying the information and documents provided by the service registrant; confirming the conditions in accordance with Article 14 of this Circular for tax agent employees.

3. The tax agent must provide information about tax agent employees to the Tax Department (where the tax agent is headquartered) when registering for a certificate confirming eligibility to conduct tax procedure services of the tax agent according to Article 22 of this Circular or when notifying changes in information about tax agent employees according to point a, clause 8, Article 24 of this Circular.

According to the above provisions, the rules for the registration for practices by tax agent employees are as follows:

[1] The registration for the service of tax procedure services is conducted through the tax agent where the registrant is the legal representative of the tax agent or has an employment contract with the tax agent.

[2] A tax agent employee is permitted to practice from the day the Tax Department announces that they meet the conditions for practicing tax procedure services.

[3] At any given time, a person possessing a certificate for tax procedure services is only allowed to practice at one tax agent.

[4] Tax agent employees are prohibited from practicing during the suspension or termination period of their tax procedure service practice.

What are rules for registration for practices by tax agent employees in Vietnam? (Image from the Internet)

What are the responsibilities of tax agent employees in Vietnam?

The responsibilities of tax agent employees are stipulated in Article 17 of Circular 10/2021/TT-BTC as follows:

- Perform tasks within the scope of the tax procedure service contract signed between the tax agent and the taxpayer.

- Be legally responsible for the use and management of the tax procedure service practice certificate as prescribed.

- Provide full and accurate personal information and documents related to the registration for tax procedure service practice to the tax agent, including: Tax procedure service practice certificate, documents proving hours of knowledge updates, work permits (for foreigners), documents with information on ending work at other tax agents (if any).

In case personal information related to the above documents changes, the tax agent employee is responsible for informing the tax agent about the changes so the tax agent can notify the Tax Department.

- At least 30 days prior to the cessation of practice (except in cases of suspension or termination), a written notice must be provided to the tax agent where the employee is working.

- Comply with audit regulations related to the practice of tax procedure services.

- Keep confidential information for entities, individuals using the services of the tax agent.

- Attend training sessions, update knowledge to ensure sufficient knowledge update hours as prescribed.

What are cases of termination of practices performed by tax agent employees in Vietnam?

Tax agent employees shall have their practices terminated if they fall under one of the cases stipulated in point a, clause 4, Article 16 of Circular 10/2021/TT-BTC as follows:

(1) The suspension period ends but the tax agent employee has not rectified the violation.

(2) Practicing at two or more tax agents at one time.

(3) The tax procedure service practice certificate is revoked.

(4) Violating clause 4, Article 105 of Law on Tax Administration 2019.