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 dated 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 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 dated September 29, 2021

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

Pursuant to the Law Amending and Supplementing a Number of Articles of the Laws on Taxes dated November 26, 2014; the Law on 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 dated April 6, 2016;

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

Pursuant to the Government’s Decree No. 209/2013/ND-CP dated 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 dated 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 dated 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 Value-Added Tax Law, the Excise Tax Law and the Tax Administration Law;

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

Pursuant to the Government's Decree No. 49/2022/ND-CP dated 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 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 dated October 19, 2020, detailing a number of articles of the Law on Tax Administration;

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

At the proposal of the General Director of Taxation;

The Minister of Finance hereby promulgates the Circular guiding the implementation of the Government's Decree No. 49/2022/ND-CP dated 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 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 dated September 29, 2021, as follows:

Article 1. Amending and supplementing a number of Articles of the Ministry of Finance’s Circular No. 219/2013/TT-BTC dated December 31, 2013 (amended and supplemented under Circular No. 26/2015/TT-BTC dated February 27, 2015, and Circular No. 130/2016/TT-BTC dated August 12, 2016, of the Ministry of Finance) as follows:

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

“10. For real estate transfer, the taxable price shall comply with Clause 1 Article 1 of the Government's Decree No. 49/2022/ND-CP dated July 29, 2022.”

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

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

3. To replace Clause 2, Clause 3 Article 18 with Clause 2 as follows:

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

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

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

Article 3. Effect

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

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

If the establishments are subject to value-added tax amounts, late-payment interests, and fines for tax-related administrative violations (if any) adjustment under Clause 2 Article 2 of the Government’s Decree No. 49/2022/ND-CP dated July 29, 2022, the adjustment shall be as follows:

a) If the tax office has already issued a decision on recovery of the refunded tax amounts, calculation of late payment interests and imposition of fines for tax-related administrative violations, the tax office shall issue an adjustment decision according to the Decision form No. 38 to the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021. In case the establishment has made additional declarations on the refunded value-added tax amount to be recovered, such establishment and tax office shall follow Form No. 02/KTT to the Ministry of Finance's Circular No. 80/2021/TT-BCT dated September 29, 2021, to adjust the recovery amount of refunded valued-add tax and late payment interests.

b) The amount of refunded valued-add tax that has been recovered (including the case where the establishment has not yet cleared the refunded valued-add tax amount to be recovered against the payable value-add tax amount incurring from its business and production operations, and in case where the establishment has cleared the refunded valued-add tax amount to be recovered against the payable value-add tax amount incurring from its business and production operations), the late payment interests and fines for tax-related administrative violations (if any) that have been paid into the state budget before the effective date of this Circular shall be settled in accordance with Article 25 and Section 2 Chapter V of the Ministry of Finance's Circular No. 80/2021/TT-BCT dated September 29, 2021. The recovery of the overpaid value-added tax amount after settling the refunded amount that has been recovered as prescribed at this Point shall be covered by the funding for value-added tax refund.

Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Finance for settlement./.