VietnameseOfficial Dispatch No. 661/TCT-TNCN of February 07, 2007, on residence duration of foreigners
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GENERAL DEPARTMENT OF TAXATION ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 661/TCT-TNCN | Hanoi, February 07, 2007 |
OFFICIAL LETTER
ON RESIDENCE DURATION OF FOREIGNERS
To: Vietnam Seed Ltd. Co.
In response to Vietnam Seed Ltd. Company’s Official Letter No. 55-06 SDVN of November 20, 2006, on the determination of residence duration of foreigners for declaration and payment of income tax on high-income earners (personal income tax), the General Department of Taxation gives the following opinions:
According to Point 4.2.2.1, Section III, of Finance Ministry’s Circular No. 81/2004/TT-BTC of August 13, 2004, guiding personal income tax, “when a foreigner is considered a resident in a year, he/she is also considered a resident in the subsequent year.”
In the case of Mr. Hironobu Toiya, who worked as the manager cued currently a member of the Management Board of Vietnam Seed Ltd. Co. in 2003, 2004 and 2005, and was regarded as a resident in Vietnam in these years, though he worked in Vietnam for only 91 days in 2006, he shall be still considered a resident in Vietnam in 2006. As a result, his personal income tax assessment, payment and finalization in 2006 shall be carried out with the partially progressive tax table of rates.
If, in subsequent years, Mr. Hironobu Toiya works less than 183 days in Vietnam, he shall be considered a non-resident in Vietnam and shall assess and pay personal income tax at the rate of 25% of his income generated in Vietnam.
The General Department of Taxation would like to give its reply to Vietnam Seed Ltd. Co. for information and it is kindly requested to contact with Hanoi Municipal Tax Department for further guidance.-
FOR THE GENERAL DIRECTOR OF TAXATION DEPUTY GENERAL DIRECTOR Nguyen Thi Cuc |
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