How do overseas suppliers authorize taxpayer registration, tax declaration and tax payment in Vietnam?

How do overseas suppliers authorize taxpayer registration, tax declaration and tax payment in Vietnam?

Pursuant to Article 79 of Circular 80/2021/TT-BTC stipulating authorizing taxpayer registration, tax declaration and tax payment in Vietnam by overseas suppliers as follows:

1. In case the overseas supplier authorizes a tax agent or tax organization operating under Vietnam's law (hereinafter referred to as "authorized party"), the authorized party shall complete tax procedures (taxpayer registration, tax declaration and tax payment), under the contract with the overseas supplier. On the basis of the scope of authorization and responsibilities of each party specified in the authorization contract, the authorized party shall complete corresponding tax procedures specified in Article 76, Article 77 and Article 78 on behalf of the overseas supplier.

2. In case the overseas supplier has directly applied for taxpayer registration, declared and paid tax in Vietnam but then authorizes a tax agent to declare and pay tax, within 05 working days before the effective date of the authorization contract, the overseas supplier shall send a notification to the supervisory tax authority according to Form No. 01-1/NCCNN in Appendix I hereof and enclose it with relevant documents.

a) The overseas supplier has the responsibility to provide adequate and accurate documents and information that are necessary for completion of tax procedures under the contract between the parties.

b) IN case the overseas supplier enters into an authorization contract with the tax agent, the legal representative of the tax agent shall append the seal and signature on in the part for the taxpayer's legal representative on the documents submitted to the tax authority. Tax return must contain the full name and practice certificate number of the tax agent's employee. The transaction documents handled by the tax agent shall not exceed the scope specified in the concluded authorization contract.

3. The authorized party shall promptly and accurately provide documents at the request of the tax authority to prove the accuracy of the declared and paid tax, the refundable tax, tax eligible for exemption or reduction claimed (if any).

4. The supervisory tax authority shall provide the username and password for logging into the online portal of the General Department of Taxation to the authorized party for completion of tax procedures; send notifications relevant to the tax procedures covered by the authorization contract to the email address of the authorized party during the process of electronic transactions.

What are regulations on direct tax payment in Vietnam by overseas suppliers?

Pursuant to Article 78 of Circular 80/2021/TT-BTC stipulating direct tax payment by overseas suppliers as follows:

1. After the overseas supplier receives the tax payment identifier from the supervisory tax authority, the overseas supplier shall pay tax in a convertible foreign currency to the receiving account notified on the online portal of General Department of Taxation and correctly specify the tax payment identifier.

2. In case tax is overpaid by the overseas supplier, the overseas supplier may offset the overpayment against the tax payable in the next tax period.

Best regards!