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 and developed to better suit the socio-economic situation of our country. Realizing that clients’ need to establish companies in the tax field is increasing, in the article below, Viet An Law Firm – Tax Agent will introduce the provisions of law related to conditions, procedures, and documents to setting a tax agent business in Vietnam as current law.
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Tax agent in Vietnam
According to the provisions of Clause 1, Article 3 of Circular 10/2021/TT-BTC, tax agents are explained as businesses and branches of businesses that meet the conditions and are granted a certificate of eligibility to provide tax procedure services.
Tax procedure service is the activity of a tax agent, to perform services according to the service contract signed with the taxpayer, specified in Clause 1, Article 104 of the Law on Tax Administration 2019, specifically as follows:
Tax agent business code
Based on Decision 27/2018/QD-TTg, the tax agency industry code is:
6920: Accounting, bookkeeping, and auditing activities; tax consultancy. Details: Tax procedure services (Article 101 Law on Tax Administration No. 38/2019/QH14)
Conditions for tax agent business
Because the tax field, tax procedure service is a sensitive area, it needs to be performed by individuals and organizations with tax expertise. In addition, according to the provisions of Section 20, Appendix IV issued with the Investment Law 2020, tax procedure service business is a conditional business line. Therefore, a tax agency company needs to meet certain conditions before being established
Pursuant to the provisions of Clause 1, Article 22 of Circular 10/2021/TT-BTC, tax agency companies need to meet the following conditions:
Business type conditions
Is an enterprise that has been legally established according to the provisions of the current Enterprise Law
Registered tax agent profession code
Personnel conditions
Have at least 02 people who have been granted a tax procedure service practice certificate (also known as a tax agent practice certificate), working full-time at the enterprise;
Have at least one tax agent employee with an accountant certificate (also known as an accounting practice certificate) work full-time at the enterprise in case of registering to provide accounting services for micro-enterprises.
Procedures for setting a tax agent business in Vietnam
Step 1: Procedures for applying for Investment Registration Certificate
For enterprises with foreign investment capital, after fully preparing the documents according to regulations, submit the documents to the competent authorities.
The investment registration agency issues an Investment Registration Certificate to the investor within 15 days from the date of receiving valid documents when the project meets the conditions under the Investment Law 2020.
Step 2: Procedures for applying for Enterprise Registration Certificate
Before performing tax procedure services, individuals and organizations need to carry out business registration procedures according to the Enterprise Law 2020.
The business registration agency will issue an Enterprise Registration Certificate within 03 working days from the date of receipt of complete documents.
Step 3: Procedures for applying for a certificate of eligibility to provide tax procedure services
The tax agent company submits complete documents to the Tax Department where the tax agent is headquartered through the Electronic Information Portal of the General Department of Taxation.
After receiving all documents from the enterprise, within 05 working days, the Tax Department (where the tax agent is headquartered) issues a certificate of eligibility to conduct tax procedure service business according to Circular 10/2021/TT-BTC.
Note the application for a certificate of eligibility to provide tax procedure services
According to the provisions of Clause 2, Article 22 of Circular 10/2021/TT-BTC, the application for a certificate of eligibility for tax procedure service business includes the following documents:
Dossier components
Quantity
Application for issuance of a certificate of eligibility to conduct tax procedure service business
01 original
Certificate of tax procedure service practice for individuals working at the enterprise
01 scanned copy
Accountant certificate of individual working at the enterprise (if registering to provide accounting services for micro-enterprises);
01 scanned copy
Labor contract between an enterprise and an individual with a tax procedure service practice certificate or an accountant certificate
Address: 3rd Floor, Hoang Ngan Plaza Building, 125 Hoang Ngan, Trung Hoa Ward, Cau Giay District, City. Hanoi
Hotline: 09888 567 08
Outstanding information: Tax Agent – Viet An Law is an agent providing professional tax accounting services, with a team of experienced and highly specialized specialists.
Thanh Hanh Trading – Tax Agent Company Limited
Address: 702/63/7 Le Duc Tho, Ward 15, Go Vap District, City. Ho Chi Minh
Hotline: 0964 544 527
Outstanding information: Has more than 10 years of experience providing accounting services, tax procedure implementation, tax consulting, and business consulting services for thousands of clients in different business fields and industries.
Truong Gia Tax Consulting and Agent Service Company Limited
Address: 170N No Trang Long, Ward 12, Binh Thanh District, Ho Chi Minh City, Vietnam
Hotline: 0835163333
Outstanding information: Having more than 15 years of experience in the tax field, Truong Gia provides a full range of tax-related services for businesses in all fields.
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