Circular 13/2023/TT-BTC guiding Decree 49/2022/ND-CP detailing Law on Value-Added Tax

CIRCULAR

Guiding the implementation of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022, amending and supplementing a number of articles of the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax which had a number of articles amended and supplemented under Decree No. 12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 146/2017/ND-CP, and amending and supplementing the Ministry of Finance’s Circular No. 80/2021/TT-BTC of September 29, 2021^[1]

Pursuant to the June 3, 2008 Law on Value-Added Tax and the June 19, 2013 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax;

Pursuant to the November 26, 2014 Law Amending and Supplementing a Number of Articles of the Laws on Taxes, and the April 6, 2016 Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax, the Law on Excise Tax and the Law on Tax Administration;

Pursuant to the June 13, 2019 Law on Tax Administration;

Pursuant to the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax;

Pursuant to the Government’s Decree No. 12/2015/ND-CP of February 12, 2015, detailing the implementation of the Law Amending and Supplementing a Number of Articles of the Laws on Taxes, and amending and supplementing a number of articles of the Decrees on taxes;

Pursuant to the Government’s Decree No. 100/2016/ND-CP of July 1, 2016, detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Value-Added Tax, the Law on Excise Tax and the Law on Tax Administration;

Pursuant to the Government’s Decree No. 146/2017/ND-CP of December 15, 2017, amending and supplementing a number of articles of the Government’s Decree No. 100/2016/ND-CP of July 1, 2016, and the Government’s Decree No. 12/2015/ND-CP of February 12, 2015;

Pursuant to the Government’s Decree No. 49/2022/ND-CP of July 29, 2022, amending and supplementing a number of articles of the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax which had a number of articles amended and supplemented under Decree No. 12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 146/2017/ND-CP;

Pursuant to the Government’s Decree No. 126/2020/ND-CP of October 19, 2020, detailing the implementation of a number of articles of the Law on Tax Administration;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the General Director of the General Department of Taxation,

The Minister of Finance promulgates the Circular guiding the implementation of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022, amending and supplementing a number of articles of the Government’s Decree No. 209/2013/ND-CP of December 18, 2013, detailing and guiding the implementation of a number of articles of the Law on Value-Added Tax which had a number of articles amended and supplemented under Decree No. 12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 146/2017/ND-CP, and amending and supplementing the Ministry of Finance’s Circular No. 80/2021/TT-BTC of September 29, 2021, as follows:

Article 1. To amend and supplement a number of articles of the Ministry of Finance’s Circular No. 219/2013/TT-BTC of December 31, 2013 (which was amended and supplemented under the Ministry of Finance’s Circular No. 26/2015/TT-BTC of February 27, 2015, and Circular No. 130/2016/TT-BTC of August 12, 2016), as follows:

1. To amend and supplement Clause 10, Article 7 as follows:

“10. For real estate transfer activities, the taxable prices must comply with Clause 1, Article 1 of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022.”

2. To amend and supplement Clause 13, Article 7 as follows:

“13. The taxable prices for power generation activities of the Vietnam Electricity must comply with Clause 1, Article 1 of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022.”

3. To replace Clauses 2 and 3, Article 18 with the new Clause 2 below:

“2. Business establishments are entitled to value-added tax refund for investment projects under Clause 3, Article 1 of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022.”

Article 2. To amend and supplement Point a.4, Clause 2, Article 28 of the Ministry of Finance’s Circular No. 80/2021/TT-BTC of September 29, 2021, as follows:

“a.4/ For investment projects of establishments engaged in sectors and trades subject to conditional business investment in the investment phase for which competent state agencies have granted a written permission for doing business in sectors or trades subject to conditional business investment in accordance with the law on investment and specialized laws as specified in Clause 3, Article 1 of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022: a copy of the license, certificate, written certification or written approval for conducting a sector or trade subject to conditional business investment.”

Article 3. Effect

1. This Circular takes effect on April 14, 2023.

2. The provisions on value-added tax refund for investment projects of establishments engaged in sectors and trades subject to conditional business investment of Clause 3, Article 1 of this Circular shall apply from the effective date of the Government’s Decree No. 100/2016/ND-CP of July 1, 2016, as specified in Clause 2, Article 2 of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022.

In case a business establishment is subject to adjustment of value-added tax amounts, late-payment interests, or fines for tax-related administrative violations (if any) as specified in Clause 2, Article 2 of the Government’s Decree No. 49/2022/ND-CP of July 29, 2022, the adjustment shall be as follows:

a/ In case the tax office has promulgated the decisions on revocation of refunded tax amounts, late-payment interests and fines for tax-related administrative violations, it shall issue an adjustment decision according to Form No. 38 provided in the Appendix to the Government’s Decree No. 118/2021/ND-CP of December 23, 2021. In case the business establishment has made additional declaration of the refunded value-added tax amount subject to recovery, the business establishment and tax office shall apply Form No. 02/KTT provided in Appendix I to the Ministry of Finance’s Circular No. 80/2021/TT-BTC of September 29, 2021, in order to adjust the refunded value-added tax amount subject to recovery and late-payment interest.

b/ The refunded value-added tax amount subject to recovery (even in cases in which the business establishment has yet to clear the refunded value-added tax amount subject to recovery against the payable value-added tax amount arising in production and business activities and cases in which the business establishment has cleared the refunded value-added tax amount subject to recovery against the payable value-added tax amount arising in production and business activities), late-payment interest and fine for tax-related administrative violations (if any) already remitted into the state budget before the effective date of this Circular shall be handled under Article 25 and Section 2, Chapter V of the Ministry of Finance’s Circular No. 80/2021/TT-BTC of September 29, 2021. The refund of the overpaid amount compared to the refunded value-added tax amount subject to recovery after the handling of the refunded value-added tax amount subject to recovery under this Point shall be made with the use of the funding sources for value-added tax refund.

Any problems airing in the course of implementation of this Circular should be promptly reported to the Ministry of Finance for timely settlement.-

For the Minister of Finance
Deputy Minister
CAO ANH TUAN