Establish a foreign-invested company providing the tax service in Vietnam

Legal basis

• WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP;
• The Law on Tax Administration 2019;

Conditions for market access when establishing a foreign-invested company providing tax services

Regulations in Agreements: WTO, AFAS, VJEPA, VKFTA, EVFTA

Non restricted.

Regulations in CPTPP Agreements

Vietnam reserves the right to adopt and maintain any measure that is inconsistent with its Presence in the Country obligations in Cross-Border Services in the sectors of accounting, bookkeeping and tax services.

Conditions for issuance of a certificate of eligibility for business in tax procedure services

• It is an enterprise which is established according to the law;
• At least 02 persons who have been granted the practice certificate of tax procedure services, work full-time at the enterprise.

Dossier of application for a certificate of eligibility for business in tax procedure services

• An application form for a certificate of eligibility for business in tax procedure services;
• A photocopy of the practice certificate of tax procedure services of individuals working at the enterprise;
• A copy of the labor contract between the enterprise and individuals who have a practice certificate of tax procedure services.

Tax Departments of provinces and cities under the central government shall issue the certificate of eligibility for business in tax procedure services to enterprises within 05 working days from the date of receipt of complete the valid dossiers. If they refuse to grant, they must reply in writing and clearly state the reasons.

Scope of providing tax procedure services

Services provided by tax agents to taxpayers under contract

• Procedure on tax registration, tax declaration, tax payment, tax finalization, make dossier of application for tax exemption, tax reduction, tax refund and other tax procedures on behalf of taxpayers;
• Tax consulting services;
• Accounting services for micro enterprises as prescribed in Article 150 of the Law on Tax Administration. Micro-enterprises are defined in accordance with the law on supporting small and medium-sized enterprises.

Rights and obligations of tax agents

• Performing services with taxpayers as agreed in the contract;
• Comply with the provisions of the Law on Tax Administration, the law of tax and the relevant laws in the practice operation of tax procedure services;
• Be responsible before the law and responsible before the taxpayer for the service content has been provided.

Conditions for issuance of the practice certificate of tax procedure services

A person who is issued the practice certificate of tax procedure services must satisfy the following standards:

• Have full civil act capacity;
• Having a university degree or higher belong to the majority of economics, finance, accounting, auditing or other majors as prescribed by the Minister of Finance;
• Having actually worked in the fields of finance, accounting, auditing and tax for 36 months or more after graduating from university;
• Pass the exam to get the practice certificate of tax procedure services.
• Exams for granting the practice certificate of tax procedure services including the subjects of tax and accounting law.
• Persons who hold an auditor’s certificate or an accountant’s certificate issued by a competent authority according to regulations may be granted a practice certificate of tax procedure services without having to take the exam to obtain a practicing certificate of tax procedure services.
• A person who has a practicing certificate of tax procedure services and works at a tax agent is called a staff of tax agent. Tax agent’s staff must fully participate in the knowledge update program.

Cases not allowed to work as a staff of tax agents

• Officials and civil servants; officers, non-commissioned officers, professional soldiers, defense workers, defense officers; officers, non-commissioned officers, public security workers;
• Persons who are banned from practicing tax, accounting or auditing services according to legally effective court judgments or decisions; the person is being examined for penal liability;
• Persons who have been convicted of one of the crimes of infringing upon the economic management order related to taxation, finance and accounting but have not yet had their criminal records cleared; people who are being applied the measure of administrative handling, education in communes, wards or townships, sent to compulsory education institutions, sent to compulsory detoxification establishments;
• Persons sanctioned for administrative violations in tax administration, accounting, auditing that have not yet expired 06 months from the date of completion of the sanctioning decision in case of being subject to a warning or the time limit has not yet expired 01 year from the date of completing the execution of the decision to sanction by other forms.

Customers wishing to establish an FDI company, a foreign-invested company, please contact Viet An Law Firm for the best support!