Notable documents of Vietnam in the previous week (from April 10 to April 16, 2023)

1. Vietnam’s deferral periods for 2023’s VAT, corporate income tax, and personal income tax

On April 14, 2023, the Government of Vietnam promulgated Decree No. 12/2023/ND-CP on deferral periods for 2023’s VAT, corporate income tax, personal income tax, and land rent.

- Regarding VAT incurred in tax periods from March to August 2023 and the 1st and 2nd quarters of 2023 payable by enterprises and organizations prescribed in Article 3 of Decree No. 12/2023/ND-CP:

+ VAT incurred in the tax period of March 2023 will be deferred until October 20, 2023.

+ VAT incurred in the tax period of April 2023 will be deferred until November 20, 2023.

+ VAT incurred in tax periods of May, June, July, and August 2023 will be deferred until December 20, 2023.

+ VAT incurred in the tax period of the 1st quarter of 2023 will be deferred until October 31, 2023.

+ VAT incurred in the tax period of the 2nd quarter of 2023 will be deferred until December 31, 2023.

Attention: the above regulation does not apply to VAT incurred during importation.

- Regarding provisional income tax of the 1st and 2nd quarters of the tax period of 2023 payable by enterprises and organizations prescribed in Article 3 of Decree No. 12/2023/ND-CP, the deferral period shall be 3 months from the corporate income tax payment deadline according to tax administration laws.

- VAT and personal income tax payable in 2023 by household and individual business operating in fields and sectors prescribed in Clauses 1, 2, 3 Article 3 of Decree No. 12/2023/ND-CP will be deferred until December 30, 2023.

- Regarding 50% of land rent incurred in 2023 payable by enterprises, organizations, and household and individual businesses prescribed by regulations, the deferral period shall be 6 months, from May 31, 2023 to November 30, 2023.

See more details in Decree No. 12/2023/ND-CP of the Government of Vietnam, effective as of April 14, 2023 to the end of December 31, 2023.

2. Vietnam to amend regulations on professional standards and salaries of teachers at all levels

On April 14, 2023, the Ministry of Education and Training of Vietnam promulgated Circular No. 08/2023/TT-BGDDT on amendments to Circulars on codes, standards of professional titles, appointment, and salary classification of teachers at all levels with the following notable contents:

- Grade I teachers of primary and lower secondary schools are no longer required to have master’s degrees.

- Only 1 advanced training certificate according to the standards of professional titles of teachers corresponding to each studying level is required. Each studying level only has 1 advanced training program according to the standards of professional titles of teachers.

- The required time to hold the professional title of grade III preschool teacher for eligibility for participating in the exam for professional title promotion is adjusted to 3 years or more. (Previously, it was 9 years or more)

- Regulations on criteria for the promotion of professional titles of preschool teachers, primary school teachers, lower secondary school teachers, and high school teachers are amended.

See more details in Circular No. 08/2023/TT-BGDDT of the Ministry of Education and Training of Vietnam, effective as of May 30, 2023.

3. New regulations of Vietnam on conditions for grant of APEC business travel cards

On April 12, 2023, the Prime Minister of Vietnam promulgated Decision No. 09/2023/QD-TTg on competence in and procedures for granting and managing APEC business travel cards.

According to the Decision, conditions for grant of APEC business travel cards are as follows:

- Conditions for the agency or organization where the business person works: The agency or organization wishes to appoint personnel to regularly travel or conduct short-term travel to participate in annual conferences, seminars, meetings, and activities on economic cooperation and development of APEC.

- Conditions for an enterprise where the business person works:  

+ The enterprise has been in continuous operation for at least 12 months and complies with regulations of laws on commerce, tax, customs, labor, social insurance, and regulations of other relevant laws;

+ The enterprise contracts or direct cooperation with partners of APEC member economies;

+ The enterprise wishes to appoint personnel to regularly travel or conduct short-term travel to cooperate in business, commerce, investment, services, or other economic purposes at APEC member economies.

- Conditions for a business person applying for an APEC business travel card:

+ He/she is 18 years old or older, with full legal capacity;

+ He/she is currently working for or holding a position in reality at the agency, organization, or enterprise for at least 12 months at the time of applying for the APEC business travel card;

+ He/she is not being suspended from exit according to Article 36 of the Law on Entry and Exit of Vietnamese Citizens.

Decision No. 09/2023/QD-TTg of the Prime Minister of Vietnam comes into force as of July 10, 2023.

4. The Minister of Health of Vietnam to annul 3 Circulars

On April 14, 2023, the Minister of Health of Vietnam promulgated Circular No. 08/2023/TT-BYT annulling 3 Circulars promulgated by the Minister of Health of Vietnam:

- Circular No. 03/2016/TT-BYT on herbal ingredient trading.

- Circular No. 31/2019/TT-BYT on requirements for fresh dairy products used in the School Milk Program.

- Circular No. 14/2020/TT-BYT on several contents of medical equipment bidding at public healthcare facilities.

Circular No. 08/2023/TT-BYT of the Ministry of Health of Vietnam comes into force as of its date of signing.

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