(+84) 9 61 57 18 18
info@vietanlaw.com

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

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

Table of contents

Hide

    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!

    Related Acticle

    Post establishment process of JSC company in Vietnam

    Post establishment process of JSC company in Vietnam

    Key procedures after establishing a JSC company in Vietnam will be navigating in the next steps of this article. According to information from the Department of Business Registration Management (Ministry…
    Minimum capital level for establishing a company in Vietnam

    Minimum capital level for establishing a company in Vietnam

    The minimum capital requirement for establishing a foreign-invested company in Vietnam is an important factor that businesses need to consider when planning their investment in Vietnam. According to the current…
    Established company seals under Vietnamese law

    Established company seals under Vietnamese law

    During the operation process, the company seal is an important component, often used to stamp internal enterprise documents, economic contracts, etc. Therefore, enterprises need to comply with legal regulations on…
    Set up an editing business in Vietnam

    Set up an editing business in Vietnam

    Editing companies are growing in Vietnam along with the growth of the marketing and film industry. With nearly 20 years of experience, Viet An Law Firm is proud to be a…
    Setting a tax agent business in Vietnam

    Setting a tax agent business in Vietnam

    A tax agency is a representative legally for individuals and businesses in Vietnam to fulfill tax obligations under Vietnamese law. Legal regulations in the tax field are also increasingly strict…

    CONTACT VIET AN LAW

    Hanoi Head-office

    #3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam

    info@vietanlaw.com

    Ho Chi Minh city office

    Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam

    hcm@vietanlaw.com

    SPEAK TO OUR LAWYER

    English speaking: (+84) 9 61 57 18 18 - Lawyer Dong Van Thuc ( Alex) (Zalo, Viber, Whatsapp)

    Vietnamese speaking: (+84) 9 61 37 18 18 - Dr. Lawyer Do Thi Thu Ha (Zalo, Viber, Whatsapp)