What are the principles and policies of the operation of the Tax Advisory Council in Vietnam?

What are the principles and policies of the operation of the Tax Advisory Council in Vietnam?

According to Article 8 of Circular 80/2021/TT-BTC, the principles and policies governing the operation of the Tax Advisory Council are as follows:

- The Chairman and members of the Tax Advisory Council operate on a part-time basis. The Tax Advisory Council is directly supervised by the Chairman of the Tax Advisory Council regarding the contents specified in Circular 80/2021/TT-BTC.

- The Tax Advisory Council convenes meetings to gather opinions from members on advisory contents upon the invitation of the Chairman of the Tax Advisory Council. Meetings of the Tax Advisory Council are conducted when presided over by the Chairman and attended by at least two-thirds of all members (including the Chairman).

- The Tax Advisory Council may solicit opinions from members on advisory contents through electronic means. In case member opinions are inconsistent, a vote must be conducted to decide by the majority; if the vote results in a tie, the decision is based on the opinions agreed upon by the Chairman of the Tax Advisory Council to serve as the basis for drafting the minutes of the Tax Advisory Council meeting.

- Meetings of the Tax Advisory Council must be documented using form No. 07-2/HDTV, as issued in Annex I of Circular 80/2021/TT-BTC. The meeting minutes must be signed by all attending members of the Tax Advisory Council. In the case of soliciting opinions through electronic means, the standing member of the council consolidates and records the minutes as in direct meetings.

What are the principles and policies of the operation of the Tax Advisory Council in Vietnam? (Image from the Internet)

What are the responsibilities of the members of the Tax Advisory Council in Vietnam?

According to Article 11 of Circular 80/2021/TT-BTC, the responsibilities of the members of the Tax Advisory Council are defined as follows:

(1) Responsibilities for tax consultation and tax management

- Consult on projected stable turnover and tax rates at the beginning of the year for business households and individuals applying the presumptive tax method, including those with revenue below thresholds for VAT and personal income tax exemption;

- Advise on adjusted tax rates for business households and individuals applying the presumptive tax method when changes occur in business activities such as changes in scale, location, and sector of operation; cessation or temporary suspension of business activities within the tax year;

- Coordinate with the Tax Sub-department to oversee and manage the activities of business households and individuals applying the presumptive tax method locally.

(2) Responsibilities of the Chairman of the Tax Advisory Council

- Decide on the program and work plan of the Tax Advisory Council;

- Invite delegates, summon members, and preside over meetings of the Tax Advisory Council;

- Assign specific tasks to members of the Tax Advisory Council;

- Decide and assume overall responsibility for the activities of the Tax Advisory Council and its members during task execution;

- Report in writing to the Chairman of the District People's Committee and the Chief of Tax Sub-department if individuals or other members cannot continue participating in the Tax Advisory Council;

- Sign documents and transactional materials on behalf of the Tax Advisory Council.

(3) Responsibilities of Tax Advisory Council members

- General responsibilities of members of the Tax Advisory Council

+ Implement tasks as assigned by the Chairman of the Tax Advisory Council and be accountable to the Chairman for the results of assigned tasks;

+ Participate fully in all activities of the Tax Advisory Council;

+ Present opinions at meetings or in writing;

+ Report in writing to the Chairman of the Tax Advisory Council if unable to continue participating.

- Responsibilities of the Standing Member of the Tax Advisory Council

+ Propose development of the work program, plan for the Tax Advisory Council, and forecast task assignment for members for examination and decision by the Chairman;

+ Prepare materials, draft meeting minutes, and compile comments from Tax Advisory Council members;

+ Report to the Chairman of the Tax Advisory Council and the Chief of the Tax Sub-department in case of changes or additional member appointments.

- The Tax Advisory Council is responsible for sending tax advisory results to the District and Commune People's Committees simultaneously as results are sent to the Tax Sub-department.

What are the powers of the Tax Advisory Council in Vietnam?

According to Article 10 of Circular 80/2021/TT-BTC, the rights of the Tax Advisory Council include:

- Participation in training, dissemination, and receipt of documents on current tax policies and tax management related to tax management for business households and individuals;

- Request the Tax Sub-department to provide information on the taxation management situation for business households and individuals applying the presumptive tax method locally.