Recently, the General Department of Taxation of Vietnam issued Official Dispatch 427/TCT-TTHT on new points and the implementation of Circular 10/2021/TT-BTC . Below are some new points on practice management for tax agents in this Circular.
Article table of contents
Tax agent practice management in Vietnam: New points from March 12, 2021 (Artwork)
New point 1: Amending and supplementing regulations on conditions for business in service of tax procedures
- Amendments to conditions for doing business in tax procedure services: there are at least two people who have been granted tax procedure practice certificates working full-time at the enterprise.
- Additional conditions: have at least one tax agent with a certificate of accountant working full time at the enterprise in case of registration to provide accounting services for micro enterprises.
Previously, in Article 6 of Circular 117/2012/TT-BTC, it was not required to work full-time at a tax agent.
New point 2: Regarding the issuance of the Certificate of eligibility for business in tax procedure services (Clause 3, Clause 4, Article 22 of Circular 10/2021/TT-BTC):
Supplementing regulations on the form of submission of registration dossiers for the issuance of certificates of eligibility for businesses in the service of carrying out tax procedures done through the portal of the General Department of Taxation.
- Supplementing the stipulation that the Certificate of eligibility for business in tax procedure services must clearly state the scope of service provision "Eligible to provide tax services"; or "Eligible to provide tax services and provide accounting services for micro businesses."
Previously, the form of electronic submission of documents was not regulated and the service was not specified on the Certificate of eligibility for business in tax procedure services.
New Point 3: Adding regulations on the re-issuance of certificates of eligibility for businesses in tax procedure services (Clause 5, Article 22 of Circular 10/2021/TT-BTC).
Previously: Not regulated yet.
New point 4: Adding regulations on tax agency services to taxpayers (Article 23 of Vietnam's Circular 10/2021/TT-BTC), in which tax agents must immediately notify taxpayers when their certificate of eligibility for business in tax procedure services has been suspended or has been revoked but the contract on provision of tax procedure services with the taxpayer is still valid.
Previously: Not regulated yet.
New point 5: Adding responsibilities of tax agents (Clause 2, Clause 3, Clause 6, Article 24 of Circular 10/2021/TT-BTC), which stipulates: tax agents must maintain and ensure the following conditions for conducting tax procedures during the operation period: recruiting and managing tax agent staff according to regulations; on behalf of the taxpayer, to provide and explain at the request of the tax authority information and documents within the scope of the contract with the taxpayer;
Previously: no specific regulations.
New point 6: Amending regulations on forms, forms and time for tax agents to submit reports to tax authorities. (Clause 8, Article 24 of Vietnam's Circular 10/2021/TT-BTC).
Tax agents send notices and reports to the Department of Taxation through the portal of the General Department of Taxation; Send a notice of change of tax agent employee information within five working days;No later than January 15 of each year, send a report on the status of tax agency activities.
Previously, Clause 2, Article 8 of Vietnam's Circular 117/2012/TT-BTC did not stipulate the form of sending reports, sending notice of employee change within 10 days and only sending status reports when requested by tax authorities.
New Point 7: Amending and supplementing regulations on the suspension of business activities and tax procedures
Regarding suspended cases (Clause 1, Article 26 of Vietnam's Circular 10/2021/TT-BTC), there are 5 cases of suspension.
If a tax agent fails to meet the conditions, he or she will be barred from providing tax procedure services.At least two people are granted a tax procedure practice certificate to work full-time at the enterprise in the following years: providing tax authorities with incomplete and inaccurate information and documents;disclosure of information causing damage to taxpayers using tax agency services; using and managing tax agent staff in contravention of regulations; Failing to notify or report as prescribed for 15 days or more compared to the reporting deadline or the tax agency's notice time limit
- Supplementing regulations on the maximum period of suspension of business and service activities of tax agents not exceeding 90 days. The agency that decides to suspend is the Tax Department.
Previously: Vietnam's Circular 117/2012/TT-BTC had no specific regulations.
New point 8: Adding regulations on withdrawal of certificates of eligibility for business in tax procedure services (Article 27 of Circular 10/2021/TT-BTC). Accordingly, specific provisions on the case of recall (Clause 1); it is clearly stated that tax agents must terminate the business of providing tax procedure services from the effective date of the withdrawal decision of the Department of Taxation (Clause 2); and clearly stipulate the case of being revoked but not re-issued (Clause 3).
Previously: Not regulated yet.
