New policy update and news points 1-2023

January 13, 2023

I. NEW POLICY AND LAW DOCUMENTS:

1. 1. Resolution No: 01/NQ-CP of the Government, issued on January 6, 2023 on the main tasks and solutions to implement the socio-economic development plan, state budget estimates and improve business environment, enhance national competitiveness in 2023

2. Resolution No. 06/NQ-CP, issued by the Government on January 10, 2023 on the development of a flexible, modern, efficient, sustainable and integrated labor market in order to quickly recover the economy and society.

3. Circular 18/2022/TT-BYT, dated December 31, 2022 of the Ministry of Health amending and supplementing a number of articles of Circular 56/2017/TT-BYT dated December 29, 2017 providing detailed implementation of the Law on Social Insurance and the Law on Occupational Safety and Health in the field of Health. In which, it is worth noting to amend Article 4 on sick cases entitled to one-time social insurance and Article 21 on Forms of issuance of certificates of leave for social insurance and how to write content of leave certificates. social insurance benefits. Circular 18/2022/TT-BYT takes effect from February 15, 2023.

4. Circular 16/2022/TT-NHNN, dated November 30, 2022 of the State Bank, effective from January 17, 2023 regulating the depository and use of valuable papers at the Bank Vietnamese State Goods. Accordingly, valuable papers at the State Bank are added with some new points: Local government bonds are used in transactions of the State Bank according to the Governor’s decision in each period; Special bonds, bonds issued directly to credit institutions to sell debts to buy bad debts at market value of Vietnam Asset Management Company; Bonds issued by commercial banks where the State holds more than 50% of the charter capital (except for commercial banks that have been compulsorily purchased); bonds issued by credit institutions (except specially controlled credit institutions) and other enterprises.

II. SOME NEW TAX POLICIES APPLICABLE IN 2023:

1. The value added tax is no longer reduced to 8% under Resolution 43 and Decree 15

In 2022, the Government issued Decree 15/2022/ND-CP stipulating the tax exemption and reduction policy according to Resolution 43/2022/QH15. Accordingly, value added tax on some groups of goods and services will be reduced from 10% to 8%. However, the reduction of value added tax to 8% is only applied until the end of December 31, 2022.

Thus, from January 1, 2023, value added tax will no longer be reduced to 8% under Resolution 43 and Decree 15.

2. Change of tax exemption dossier for movable property when removing the paper household registration book.

According to Decree 104/2022/ND-CP on the abolition of paper household registration books, tax exemption dossiers for movable property when paper household books are removed from January 1, 2023 include:

– Customs dossiers according to the provisions of customs law;

– A work permit or document of equivalent validity issued by a competent authority to foreigners or overseas Vietnamese who come to work or work in Vietnam for 12 months or more;

– A document proving the termination of operation or termination of the working term abroad, for Vietnamese organizations or citizens that have been operating abroad for 12 months or more after returning home from the end of their operations;

– A valid passport or replacement passport (with the entry verification stamp of the immigration authority at the border gate) for overseas Vietnamese who have registered their permanent residence in Vietnam;

– A copy of one of the following papers: Citizen’s identity card, People’s identity card, Certificate of residence information, Notice of personal identification number and citizen information in the National Database on population;

(Currently: Permanent residence book issued by the police agency, clearly stating the overseas residence address for overseas Vietnamese who have registered for permanent residence in Vietnam: 01 copy of testify or attest)

– Decision of the Minister of Finance on tax exemption for movable property in excess of the tax exemption limit: 01 original.

3. Change the schedule for payment of provisional corporate income tax in 2023

Decree 91/2022/ND-CP of the Government issued on October 30, 2022 has added the following provisions:

In case the last day of the time limit for submitting tax declaration dossiers, the time limit for tax payment, the time limit for tax administration agencies to handle the dossiers, and the validity period of the enforcement decision coincides with the prescribed holiday, the last day The end of the period is counted as the working day immediately following that holiday.

Accordingly, the schedule for provisional corporate income tax payment in 2023 is as follows:

According to Clause 1, Article 55 of the Law on Tax Administration 2019, quarterly, enterprises shall temporarily pay corporate income tax for that quarter no later than the 30th day of the first month of the following quarter.

(1) Payment of provisional corporate income tax for the first quarter of 2023:: In 2023, the holiday schedule for Hung King’s death anniversary, April 30 Victory Day and International Labor Day will be extended from April 29, 2023 to the end of May 3, 2023, the deadline for paying corporate income tax for the first quarter of 2023 is no later than May 4, 2023.

(2) Payment of provisional corporate income tax for the second quarter of 2023:: Because July 30, 2023 is a Sunday coincided with a weekly holiday, the deadline for paying provisional corporate income tax for the second quarter is December 31. 7/2023..

4. Change the environmental protection tax rate for gasoline, oil, grease

On December 30, 2022, the 15th National Assembly Standing Committee issuedResolution No. 30/2022/UBTVQH15 on environmental protection tax rates for gasoline, oil and grease. Specifically, the environmental protection tax rate for gasoline, oil and grease from January 1, 2023 to the end of December 31, 2023 is regulated as follows:

– Petrol, excluding ethanol: 2,000 VND/liter (an increase of 1,000 VND/liter compared to the previous Resolution 20/2022/UBTVQH15 );

– Flight fuel: 1,000 VND/liter (no increase);

– Diesel oil: 1,000 VND/liter (increase by 500 VND/liter);

– Kerosene: 600 VND/liter (increasing 300 VND/liter);

– Fuel oil: 1,000 VND/liter (increasing 700 VND/liter);

– Lubricants: 1,000 VND/liter (increasing 700 VND/liter);

– Grease: 1,000 VND/kg (increase 700 VND/kg).

The environmental protection tax rate for gasoline, oil and grease from January 1, 2024 shall comply with the provisions of Section I, Clause 1, Article 1 of Resolution 579/2018/UBTVQH14 dated September 26, 2018.

Resolution 30/2022/UBTVQH15 takes effect from January 1, 2023 and replaces Resolution 20/2022/UBTVQH15.

Download Newsletter of RBK 1-2023: RBK update new regulations and newsletter 1-2023