What is a tax agent acording to the law in Vietnam? What services does a tax agent in Vietnam provide to taxpayers under a contract?
What is a tax agent acording to the law in Vietnam?
Based on Article 101 of the Law on Tax Administration 2019 on businesses providing tax procedure services:
Article 101. Businesses providing tax procedure services
1. A business providing tax procedure services (hereinafter referred to as a tax agent) is an enterprise established and operating in accordance with the law on enterprises, performing services in agreement with taxpayers.
- Enterprises that meet the conditions to engage in tax procedure services must register with the Tax Department of the province or centrally run city to be granted a certificate of eligibility to provide tax procedure services.
Thus, a tax agent is a business providing tax procedure services that is established and operates in accordance with the law on enterprises, and performs services based on agreements with taxpayers.
What is a tax agent acording to the law in Vietnam? What services does a tax agent in Vietnam provide to taxpayers under a contract? (Image from the Internet)
What services does a tax agent in Vietnam provide to taxpayers under a contract?
Based on Article 104 of the Law on Tax Administration 2019 on the provision of tax procedure services:
Article 104. Provision of tax procedure services
1. Services provided by a tax agent to taxpayers under a contract include:
a) Procedures for taxpayer registration, tax declaration, tax payment, tax finalization, preparation of dossiers for tax exemption, tax reduction, tax refund, and other tax procedures on behalf of taxpayers;
b) Tax consulting services;
c) Accounting services for micro enterprises as stipulated in Article 150 of this Law. Micro enterprises are defined according to the law on supporting small and medium-sized enterprises.
- A tax agent has the following rights and obligations:
a) Perform the services with the taxpayer as agreed in the contract;
b) Comply with the provisions of this Law, tax law, and other relevant laws in the provision of tax procedure services;
c) Be responsible before the law and the taxpayer for the content of the services provided.
- The Minister of Finance regulates the management of business activities providing tax procedure services.
According to the above regulations, a tax agent provides the following services to taxpayers under a contract:
- Procedures for taxpayer registration, tax declaration, tax payment, tax finalization, preparation of dossiers for tax exemption, tax reduction, tax refund, and other tax procedures on behalf of taxpayers
- Tax consulting services
- Accounting services for micro enterprises. Micro enterprises are defined according to the law on supporting small and medium-sized enterprises.
Who is not eligible to be an employee of a tax agency in Vietnam?
Based on Article 105 of the Law on Tax Administration 2019 on the tax procedure service practice certificate:
Article 105. Tax procedure service practice certificate
- A person issued with a tax procedure service practice certificate must meet the following standards:
a) Have full civil act capacity;
b) Hold at least a university degree in economics, finance, accounting, auditing or another major as prescribed by the Minister of Finance;
c) Have a minimum of 36 months of practical experience in finance, accounting, auditing, or tax after graduating from university;
d) Pass the examination for the tax procedure service practice certificate.
The examination for the tax procedure service practice certificate includes subjects on tax law and accounting.
- A person holding an auditor certificate or accountant certificate issued by a competent authority as prescribed is granted a tax procedure service practice certificate without having to take the tax procedure service practice examination.
- A person holding a tax procedure service practice certificate working at a tax agent is called a tax agent employee. A tax agent employee must fully participate in the knowledge update program.
4. The following individuals are not eligible to be tax agent employees:
a) Officials and public employees; officers, non-commissioned officers, professional soldiers, defense workers, public employees in defense; officers, non-commissioned officers, police workers;
b) Persons prohibited from practicing tax procedure service, accounting, auditing under a legally effective court judgment or decision; persons being criminally prosecuted;
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As such, the following individuals are not eligible to be tax agent employees:
- Officials and public employees; officers, non-commissioned officers, professional soldiers, defense workers, public employees in defense; officers, non-commissioned officers, police workers
- Persons prohibited from practicing tax procedure service, accounting, auditing under a legally effective court judgment or decision; persons being criminally prosecuted
- Persons who have been convicted of offenses against the economic management order related to tax, finance, accounting and whose convictions have not been expunged; persons subject to administrative handling measures such as education at commune, ward, or commune-level town, placement in compulsory education institutions, placement in compulsory rehabilitation centers
- Persons subject to administrative penalties for tax management, accounting, or auditing violations who have not completed 06 months from the date of completing the penalty in case of a caution or have not completed 01 year from the date of completing other forms of penalties
