What is the maximum reduction level in excise tax on nightclub business in Vietnam?

Is nightclub business subject to excise tax in Vietnam?

According to the provisions in Article 2 of Decree 54/2019/ND-CP, ”Nightclubs” or “discotheque” means a location that has dance floor, stage, sound and lighting to serve dancing, singing activities and/or art performances at facilities eligible for nightclub operation.

Under Article 2 of the excise tax Law 2008, the provisions are as follows:

Taxable objects

1. Goods:

a/ Cigarettes, cigars and other tobacco preparations used for smoking, inhaling, chewing, sniffing or keeping in mouth;

b/ Liquor;

c/ Beer;

d/ Under-24 seat cars, including cars for both passenger and cargo transportation with two or more rows of seats and fixed partitions between passenger holds and cargo holds;

e/ Two- and three-wheeled motorcycles of a cylinder capacity of over 125 cm3;

f/ Aircraft and yachts;

...

2. Services:

a/ Dance halls:

b/ Massage parlors and karaoke bars;

c/ Casinos; prize-winning video games, including jackpot and slot games and games on similar machines;

d/ Betting;

e/ Golf business, including the sale of membership cards and golf playing tickets;

f/ Lottery business.

Thus, nightclub business is one of the services subject to excise tax.

What is the maximum reduction level in excise tax on nightclub business in Vietnam? (Image from the Internet)

What is the maximum reduction level in excise tax on nightclub business in Vietnam?

According to Article 9 of the excise tax Law 2008:

Tax reduction

Taxpayers that produce excise taxable goods and face difficulties caused by natural disasters or unexpected accidents are entitled to tax reduction.

The tax reduction level shall be determined based on the actual extent of damage caused by natural disasters or unexpected accidents but must neither exceed 30% of the payable tax amount in the year the damage occurs nor exceed the balance between the value of damaged assets and the received compensation (if any).

The reduction of excise tax on nightclub business is determined bbased on the actual extent of damage caused by natural disasters or unexpected accidents but must neither exceed 30% of the payable tax amount in the year the damage occurs nor exceed the balance between the value of damaged assets and the received compensation (if any).

Is nightclub business subject to excise tax in Vietnam eligible for VAT reduction?

Under the provisions of Clause 1, Article 1 of Decree 15/2022/ND-CP:

 VAT reduction

1. VAT on goods and services currently subject to 10% VAT shall be reduced, except the following goods and services:

a) Telecommunication, financial activities, banking activities, securities, insurance, trading of real estate, metal and precast metal products, mining products (excluding coal mining), coke mining, refined oil, chemical products. Further details are provided in Appendix I enclosed herewith.

b) Goods and services subject to excise tax. Further details are provided in Appendix II enclosed herewith.

c) Information technology as prescribed in the Law on information technology. Further details are provided in Appendix III enclosed herewith.

d) Reduction of VAT for each type of goods and services specified in Clause 1 of this Article shall be applied consistently in all stages, including import, production, processing and trading.  Coal mined for sale (including coal mined and then washed, sieved and classified under a closed process) shall be eligible for VAT reduction. VAT on coal products in Appendix I enclosed herewith in stages other than the stage of mining and sale shall not be reduced.

In case goods and services in Appendixes I, II and III enclosed herewith are not subject to VAT or are subject to 5% VAT in accordance with the Law on value-added tax, regulations of the Law on value-added tax shall prevail and VAT on such goods and services shall not be reduced.

According to Appendix 2 issued with Decree 15/2022/ND-CP:

1. Goods:

a) Cigarette, cigar and other tobacco-based products used for smoking, sniffing, chewing, snuffing or sucking;

b) Spirit;

c) Beer;

d) Motor vehicles for transport of fewer than 24 people, including those designed to transport both passengers and cargo, having at least 2 aisles and a partition that separates the passenger compartment and the cargo compartment;

dd) Motorbikes, three-wheel motorcycles with cylinder capacity of over 125cm3;

e) Aircraft, yachts;

g) Gasoline of all kinds;

h) Air conditioners of up to 90.000 BTU;

i) Playing cards;

k) Joss paper, votive objects.

2. Services:

a) Nightclub business;

b) Massage and karaoke business;

...

Thus, according to the above regulations, nightclub business subject to excise tax is one of the cases not entitled to VAT reduction.