I. INVOICES

1. How to adjust multiple invoices of the same customer?

Official letter No. 3543/TCT-CS dated August 13, 2024 of the General Department of Taxation on electronic invoices

The General Department of Taxation notes that in cases where the Company issues electronic invoices according to Decree No. 123/2020/ND-CP and Circular No. 78/2021/TT-BTC to adjust/replace many already issued invoices, Errors of the same buyer will be processed according to the provisions of Clause 2, Article 19 of Decree No. 123/2020/ND-CP.

Clause 2, Article 19 of Decree No. 123/2020/ND-CP guides the preparation of adjusted/replaced electronic invoices as follows:

– If the seller and buyer have agreed to draw up a written agreement before issuing an adjustment/replacement invoice, the parties must draw up a written agreement clearly stating the errors, then the seller will issue an electricity bill. adjustment/replacement element.

– The adjusted/replaced electronic invoice must have the words “Adjustment for invoice Form no… symbol… number… date… month… year”/ or “Replace for Invoice Form number… symbol… number… date… month… year”.

– The seller digitally signs the adjusted/replaced electronic invoice, then sends it to the buyer (in case of using an electronic invoice without a code) or sends it to the tax authority to issue a code for the electronic invoice. new and then sent to the buyer (in case of using electronic invoices with code). Source: LuatVietnam.NET

2. Retail sectors are required to issue electronic invoices from cash registers in 2024

Official letter No. 2637/TCT-DNNCN dated June 19, 2024 of the General Department of Taxation on assessing progress and work that needs to be continued to implement electronic invoices initiated from cash registers in 2024

In 2024, the Tax sector will continue to review and urge the application of electronic invoices initiated from cash registers for the following retail industries and fields:

– Catering business, restaurants, entertainment services, shopping spots, modern medicine retail, business establishments in the night economic activity area.

– Trading, buying, selling gold (gold jewelry, fine arts).

– Business in the fields of golf courses, cable cars, and road tolls; selling tourist tickets; road passenger transport; cosmetic services.

Especially for chain stores with headquarters in the city. Hanoi and City. HCM has large-scale retail business but has not yet applied electronic invoices generated from cash registers (according to the attached list), it is required to implement electronic invoices generated from cash registers. completed in the third quarter of 2024. Source: LuatVietnam.NET

II. TAX POLICY

1. Electronic components are not eligible for 2% VAT reduction

Official letter No. 3790/TCHQ-TXNK dated August 8, 2024 of the General Department of Customs on VAT rates according to Decree No. 72/2024/ND-CP

According to the provisions of Section VI, Part B, Appendix III of Decree No. 72/2024/ND-CP, in case the goods are hardware and electronic spare parts and components (parts and accessories of hardware and electronic product groups). hardware, electronics belonging to Sections I to V, Part B of this Appendix; electronic lamps, electronic circuits and capacitors; (LED); semiconductor devices; integrated electronic circuits; copper cables; other types are not subject to VAT reduction, the tax rate is still applicable.

HS codes in column (10) of Appendix I, column (10) of Part A and column (4) of Part B of Appendix III are for reference only. Determination of HS codes for actual imported goods is carried out in accordance with regulations on goods classification in the Customs Law and legal documents guiding the implementation of the Customs Law. Source: LuatVietnam.NET

2. Business cooperation with individuals, the company must pay taxes on behalf of indivuduals

Official letter No. 45796/CTHN-TTHT dated August 12, 2024 of the City Tax Department. Hanoi on tax policy for business cooperation contracts

According to the provisions of Point c, Clause 5, Article 7 of Decree No. 126/2020/ND-CP, in case the Company signs a business cooperation contract with an individual, the Company is responsible for declaring VAT on all revenue. of business cooperation activities without distinguishing the form of division of business results, and must declare and pay personal income tax on behalf of the individual doing business cooperation.

Tax declaration documents on behalf of individuals comply with the instructions in Clause 1, Article 16 of Circular No. 40/2021/TT-BTC.

For individual revenue of over 100 million VND/year, the personal income tax rate shall comply with the provisions in Point 2, Appendix I issued with Circular No. 40/2021/TT-BTC (2%). Source: LuatVietnam.NET

3. Global minimum tax will apply starting from fiscal year 2024

Open letter from the City Tax Department. Hanoi on implementing Resolution No. 107/2023/QH15 dated November 29, 2023 of the National Assembly on the application of additional corporate income tax according to regulations on preventing global tax base erosion

This open letter informs businesses in the city. Hanoi issues some important regulations on global minimum tax policy (additional corporate income tax) in Resolution No. 107/2023/QH15.

Accordingly, Resolution No. 107/2023/QH15 on global minimum tax takes effect from January 1, 2024 and applies from fiscal year 2024 to constituent units of multinational corporations. have revenue in the consolidated financial statements of the ultimate parent company for at least 02 of the 04 years immediately preceding the fiscal year under consideration equivalent to EUR 750 million or more, except for some cases according to regulations.

The Resolution stipulates 02 contents on the application of additional corporate income tax as follows:

(i) Regulations on qualified domestic minimum additional tax (QDMTT) apply to constituent units or groups of constituent units of multinational corporations with production and business activities in Vietnam.

(ii) Minimum taxable income (IIR) regulations apply to ultimate parent companies, partially owned parent companies, and intermediate parent companies in Vietnam that are constituent units of the Group multinational, holding directly or indirectly ownership of a low-tax constituent entity in a foreign country under the Global Minimum Tax Regulations.

The Resolution clearly states that if a multinational corporation has more than one constituent unit in Vietnam, within 30 days from the end of the fiscal year, the multinational corporation must send a written notice of designation. one of the constituent units in Vietnam submits a declaration and pays additional corporate income tax of the Group in accordance with the Global Minimum Tax Regulations. If at the end of the 30-day period mentioned above, the multinational corporation does not have a notification of appointment, then within 30 days from the date of expiry of the notification period, the tax authority will itself appoint a constituent unit to carry out the assignment. tax declaration.

Taxpayers must submit an Information Declaration in accordance with the Global Minimum Tax Regulations and a supplementary CIT Declaration accompanied by an explanation of differences due to differences between financial accounting standards. The deadline for submitting declarations and paying taxes for QDMTT is 12 months after the end of the fiscal year, for IIR is 18 months after the end of the first fiscal year in which the group is subject to application and 15 months after the end date. end of the next fiscal year.

It is expected that before October 31, 2024, the Ministry of Finance will submit to the Government for promulgation a Decree detailing Resolution No. 107/2023/QH15 mentioned above. Therefore, to avoid errors in the tax declaration and payment process related to the global minimum tax, the Hanoi Tax Department has advised businesses to proactively notify the Group’s Supreme Parent Company about the application. Global minimum tax in Vietnam from 2024, from which there is information about revenue on the consolidated financial statements of the Supreme Parent Company to determine whether the enterprise is subject to Resolution No. 107 or not. ? And if you are subject to Resolution No. 107, you need to notify the Supreme Parent Company to consider appointing a constituent unit to perform tax declaration and payment. Source: LuatVietnam.NET

III. LABOR – EMPLOYMENT

1. Is there a penalty for defaming a company on social networks?

Many employees, after quitting their jobs, often go to Facebook groups to “expose” the company about the working environment, salary, bonuses… but many times there is no basis, even revealing secrets of the company they came from. from personal vengeance has somewhat affected the reputation and quality of recruiting new personnel. I would like to ask, is the act of exposing a company on social networks a violation of the law?

Lawyer Tran Minh Hung, Ho Chi Minh City Bar Association:

Every citizen has the right to express his or her personal views and opinions without violating the law; which must not harm the honor, reputation or legitimate interests of other individuals and organizations. Therefore, the act of “exposing scandals”, defaming or even revealing secrets about the old company after leaving the job if there are signs of slander or insulting the honor and dignity of individuals or organizations on social networks will be must be responsible before the law.

Point a Clause 1 Article 101 Decree 15/2020 amended by Clause 37 Article 1 Decree 14/2022 stipulates a fine of 10-20 million VND for organizations that take advantage of social networks to commit acts after providing or sharing fake information, false information, distortion, slander, insulting the reputation of agencies, organizations, honor and dignity of individuals.

For individuals who commit the same violation, the fine is equal to 1/2 the fine for organizations.

For business secrets, disclosure is a prohibited act. In case of disclosing a company’s business secrets, an individual may be fined from 100,000,000 VND to 150,000,000 VND (according to Point b, Clause 1, Article 16 of Decree 75/2019, Clause 7, Article 4 of Decree 75 /2019).

Besides, in case the “exposing” causes damage due to the violation of honor, dignity, and reputation, the “exposing” person may be sued and must compensate amounts such as actual lost income. or decreased; Compensate for mental losses at a maximum of no more than 10 times the base salary if the two parties cannot agree on the compensation level…

Notably, if the “disclosure” is false to defame the honor and reputation of an individual or organization, the person “exposing the scandal” may be prosecuted for criminal liability for slander…

Therefore, instead of “exposing” the old company on social networks, employees can report violations of the law and acts showing signs of crime by individuals and organizations to the competent authority. . Source: https://plo.vn

2. Enterprises do not send collective labor agreements to specialized labor agencies (fine from 2 – 6 million)

According to the provisions of Clause 1, Article 16 of Decree No. 12/2022/ND-CP

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to send the collective labor agreement to the specialized labor agency under the Provincial People’s Committee where the head office is located according to regulations

Apply the fine level for organizations as prescribed in Clause 1, Article 6 of Decree No. 12/2022/ND-CP, the fine level for organizations is equal to twice the fine level for individuals.

3. Do branches have to issue their own labor regulations?

One member limited liability company owned by the State has branches in provinces and cities; operating in many different fields, each branch has its own grassroots union, the corporation can authorize the branch director to promulgate labor regulations of each branch and register with the Department of Labor and Trade. Military and Social Affairs where the branch is headquartered?

Law of the Ministry of Labor, War Invalids and Social Affairs:

Clause 4, Article 119 of the 2019 Labor Code stipulates the registration of labor regulations as follows: Employers with branches, units, production and business establishments located in many different areas must send The labor regulations have been registered with the specialized labor agency under the Provincial People’s Committee where the branch, unit, production and business facility is located.

It is recommended that your corporation, if it has branches, units, production and business establishments located in many different areas, send registered labor regulations to the competent authority according to regulations mentioned above. Source: Chinhphu.vn

IV. SOCIAL INSURANCE

1. If I go to work early 1 month after maternity leave, do I have to refund my maternity insurance benefits?

Article 40 of the 2014 Law on Social Insurance stipulates that female employees can go to work before the end of their maternity leave after having taken maternity leave for at least 4 months, but must give advance notice and get approval from the employer. .

In this case, in addition to the salary for working days paid by the employer, the female employee is still entitled to maternity benefits until the end of the prescribed period.

The current law on social insurance does not regulate documentation procedures for female employees who return to work before the end of their maternity leave. The agreement between the employee and the employer is not under the authority of the social insurance agency. Source: baohiemxahoi.gov.vn

2. Are employees on sick or maternity leave entitled to pay?

During long-term sick leave or maternity leave, if employees are entitled to social insurance benefits, can businesses pay them?

According to Ms. Nguyen Thi Hong Nga (Deputy Head of Department in charge of Social Insurance Policy Department of Ho Chi Minh City Social Insurance), the principle of sickness and maternity benefits is to provide financial support to employees during days of loss of income due to illness. pain, maternity. Therefore, employees who have received sickness and maternity benefits are not entitled to receive wages, and receiving wages are not entitled to sickness or maternity benefits.

However, if the business is willing to support the salary for the employee’s sick leave or maternity leave, it is okay, but it must be in the form of a certain benefit and cannot be included in the salary.

Ms. Hong Nga said: “During sick and maternity leave days, social insurance pays sickness and maternity benefits. As for the supporting part, the company has the right to regulate and include it in its internal regulations. This is beneficial for employees but cannot be included in wages.” Source: dantri.com.vn

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