The content of this article provides guidance on value-added tax refunds based on current legal regulations in Vietnam.
Guidelines for the Latest Regulations on Value-Added Tax Refund in Vietnam (Image from the Internet)
Article 10 of Decree No. 209/2013/ND-CP (amended by Clause 6, Article 1 of Decree No. 100/2016/ND-CP and Clause 3, Article 1 of Decree No. 49/2022/ND-CP) stipulates the value-added tax refund as follows:
- Business establishments that pay value-added tax using the credit method, if they have input value-added tax that has not been fully credited in the month (for monthly declaration) or in the quarter (for quarterly declaration), will be credited to the next period.
- Business establishments are eligible for tax refunds for investment projects as follows:
+ Business establishments that have registered for business and value-added tax payment using the credit method (including newly established business establishments from investment projects) that have new investment projects (including projects divided into multiple investment phases or investment items) according to the provisions of the Investment Law 2020 in the same province/city or different province/city from the head office location (except for the cases specified in point c, clause 2, Article 10 of Decree 209/2013/ND-CP and investment projects for building houses for sale, projects that do not form fixed assets) that are in the investment phase or projects for oil and gas exploration and development that are in the investment phase, with input value-added tax on goods and services incurred during the investment phase, aggregating to uncredited amounts of 300 million VND or more, are eligible for value-added tax refunds.
Business establishments must file separate value-added tax returns for investment projects and offset the input value-added tax of the investment project against the output value-added tax of current production and business activities (if any). After offsetting, if the cumulative uncredited input value-added tax of the investment project amounts to 300 million VND or more, the value-added tax will be refunded.
In cases where the investment project of the business establishment has been audited or inspected by competent state agencies, the tax authority may use the inspection, audit results to decide on the value-added tax refund.
+ For investment projects by business establishments in industries, conditional business sectors under the following circumstances, the business establishment is eligible for value-added tax refunds for the investment project according to point a, clause 2, Article 10 of Decree No. 209/2013/ND-CP:
++ Investment projects in the investment phase, as per investment laws, sectoral laws have been issued a business license for conditional business sectors by a competent state agency in one of the following forms: License or certificate or confirmation, approval document.
++ Investment projects in the investment phase, as per investment laws, sectoral laws have not yet required a competent state agency to issue a business license for conditional business sectors in one of the following forms: License or certificate or confirmation, approval document.
++ Investment projects according to investment laws, sectoral laws, do not need a business license for conditional business sectors in one of the following forms: License or certificate or confirmation, approval document.
+ Business establishments are not eligible for value-added tax refunds but are allowed to carry forward uncredited tax amounts of the investment project according to investment laws to the next period in cases where:
++ Investment projects of business establishments in conditional business sectors when they do not meet the business conditions as per the provisions of the Investment Law 2020 stipulated at point a, clause 1, Article 13 of the Value-Added Tax Law 2008, as amended and supplemented by the Law on Amendments and Supplements to Certain Articles of the Value-Added Tax Law 2013, Special Consumption Tax Law 2013, and Tax Administration Law 2019 are investment projects of business establishments in conditional business sectors but have not been granted a business license in conditional business sectors by competent state agencies in one of the following forms: License or certificate or confirmation, approval document or do not meet the conditions to carry out conditional business activities without requiring written confirmation, approval as per investment laws (except for cases specified in point b, clause 2, Article 10 of Decree No. 209/2013/ND-CP).
Investment projects of business establishments in conditional business sectors do not ensure the maintenance of sufficient business conditions during operation as stipulated at point a, clause 1, Article 13 of the Value-Added Tax Law 2008, as amended and supplemented by the Law on Amendments and Supplements to Certain Articles of the Value-Added Tax Law 2013, Special Consumption Tax Law 2008, and Tax Administration Law 2019 are investment projects of business establishments in conditional business sectors but during operation the business establishment has been revoked one of the conditional business sector licenses: License, certificate or confirmation document, approval; or during operation, the business establishment does not meet the conditions to carry out conditional business activities according to investment laws, then the time point for not refunding value-added tax is calculated from the time the business establishment is revoked one of the aforementioned documents or the time the competent state agency checks and detects that the business establishment does not meet the conditions for conditional business activities.
++ Investment projects exploiting resources, minerals that have been licensed from July 01, 2016, or investment projects producing products and goods where the total value of resources, minerals plus energy costs account for 51% or more of the product cost according to the investment project, except for exploration and development of oil and gas stipulated at point a, clause 2, Article 10 of Decree No. 209/2013/ND-CP.
The determination of resources, minerals; value of resources, minerals, and the time for determination of the value of resources, minerals and energy costs are conducted according to the provisions of clause 11, Article 3 of Decree No. 209/2013/ND-CP.
Article 11 of Decree No. 209/2013/ND-CP stipulates the value-added tax filing locations as follows:
- Taxpayers declare and file value-added tax at the locality where the production and business activities take place.
- Taxpayers declaring and filing value-added tax according to the credit method, if they have dependent production facilities located in provinces or cities other than where the head office is located, must file value-added tax at the locality where the production facility is located and where the head office is located.
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