Who is competent to establish Tax Advisory Council in Vietnam? What are the responsibilities of Tax Advisory Council in Vietnam?
Who is competent to establish Tax Advisory Council in Vietnam?
In Article 7 of Circular No. 80/2021/TT-BTC on the establishment of a Tax Advisory Council as follows:
Establishment of Tax Advisory Council in Vietnam
1. On the basis of the quantity and scale of local household businesses and individual businesses, the President of the People’s Committee of the district shall decide the establishment of Tax Advisory Councils of communes at the request of Directors of sub-departments of taxation.
2. A Tax Advisory Council may operate for up to 05 years.
3. A Tax Advisory Council may be re-established, add or replace its members in the following cases:
a) The Tax Advisory Council shall be re-established upon expiration of the 5-year period mentioned in Clause 2 of this Article.
b) Members of the Tax Advisory Council may be added or replaced in the following cases:
b.1) The composition of the Tax Advisory Council is no longer conformable with Clause 1 and Clause 2 Article 6 of this Circular;
b.2) Additional household businesses and individual businesses are needed to reach the required number or replace those that have stopped operating in the commune;
b.3) Other changes to the composition of the Tax Advisory Council proposed by the Director of the sub-department of taxation.
4. Procedures for establishment of a Tax Advisory Council
a) The Fatherland Front Committee of the commune shall submit the list of proposed household businesses and individual businesses participating in the Tax Advisory Council to the sub-department of taxation. The sub-department of taxation shall provide information about these household businesses and individual businesses in order to facilitate selection by the Fatherland Front Committee of the commune.
b) On the basis of the composition and the list of participants in the Tax Advisory Council, the Director of the sub-department of taxation shall request the President of the People’s Committee of the district to issue the decision on establishment of the Tax Advisory Council (Form No. 07-1/HDTV in Appendix I hereof).
Thus, according to the above provisions, the President of the People’s Committee of the district shall decide the establishment of Tax Advisory Councils of communes at the request of Directors of sub-departments of taxation.
Who is competent to establish Tax Advisory Council in Vietnam? What are the responsibilities of Tax Advisory Council in Vietnam? (Image from the Internet)
What are the responsibilities of Tax Advisory Council in Vietnam?
In Article 11 of Circular No. 80/2021/TT-BTC, the responsibilities for providing advice on tax and tax administration are as follows:
- Provide advice on annual revenues and estimated stable presumptive tax of household businesses and individual businesses paying presumptive tax, including those whose revenues are not subject to VAT, personal income tax (PIT);
- Provide advice on adjustment of tax payable by household businesses and individual businesses paying presumptive tax in case of changes to their business operation such as change in scale, location, business lines, business suspension or termination in the tax year;
- Cooperate with the sub-department of taxation in supervising and managing operation of local household businesses and individual businesses paying presumptive tax.
What are the operation principles of Tax Advisory Council in Vietnam?
In Article 8 of Circular No. 80/2021/TT-BTC, the operation principles and modes of the Tax Advisory Council are as follows:
Operation principles and modes of the Tax Advisory Council
1. The president and members of the Tax Advisory Council shall work on a part-time basis. The Tax Advisory Council shall work directly under the leadership of the President of the Tax Advisory Council.
2. The President of the Tax Advisory Council shall convene meetings to seek opinions of its members about the advisory contents. A meeting of the Tax Advisory Council shall be opened when it is chaired by its President and participated in by at least two thirds of the members (including the President). The Tax Advisory Council may seeks opinions of its members via electronic means. In case of disagreement among the members, a voting under the majority rule shall be held; in case of a tie, the President of the Tax Advisory Council shall have the casting vote.
3. Meetings of the Tax Advisory Council shall be recorded in writing according to Form No. 07-2/HDTV in Appendix I hereof. The minutes of meeting shall bear signatures of participating members. In case of electronic survey, the standing member shall prepare the minutes as if it was an in-person meeting.
Thus, the operation principles of the Tax Advisory Council are as follows:
- The Tax Advisory Council shall work directly under the leadership of the President of the Tax Advisory Council.
- The President of the Tax Advisory Council shall convene meetings to seek opinions of its members about the advisory contents.
- A meeting of the Tax Advisory Council shall be opened when it is chaired by its President and participated in by at least two thirds of the members.
- Meetings of the Tax Advisory Council shall be recorded in writing.
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