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LEGAL COMMENTS » FINANCE, TAX & INSURANCE
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Some new regulations on electronic invoices

On September 17, 2021, the Ministry of Finance issued Circular No. 78/2021/TT-BTC guiding the implementation of several articles of the Law on Tax Administration, Decree No. 123/2020/ND-CP prescribing invoices and documents to complete the provisions on electronic invoices. The Circular will take effect from July 1, 2022

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New points on loan rescheduling, exemption or reduction of interests and fees, retention of loan categories to assist borrowers affected by Covid-19 pandemic

On September 7, 2021, the State Bank of Viet Nam issued Circular 14/2021/TT-NHNN to amend and supplement a number of articles of Circular 01/2020/TT-NHNN providing instructions for credit institutions and branches of foreign banks on loan rescheduling, exemption or reduction of interests and fees, retention of loan categories to assist the borrowers affected by Covid-19 pandemic. This Circular takes effect from the date of issuance.

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Some outstanding provisions in the Draft Resolution guiding the application of compensation for non-contractual damage

After more than 15 years of implementation, Resolution 03/2006/NQ-HDTP guiding the application of a number of provisions of Civil Code 2005 on compensation for non-contractual damage promulgated by the Judges’ Council of the Supreme People’s Court has revealed many obstacles and inadequacies. To overcome the above obstacles and inadequacies, the Supreme People’s Court is drafting a Draft Resolution guiding the application of a number of provisions of the Civil Code 2015 on compensation for non-contractual damage to replace Resolution 03.

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Key changes in the Advance Pricing Agreement

On June 18, 2021, the Ministry of Finance issued Circular No. 45/2021/TT-BTC guiding the application of the Advance Pricing Agreement (APA) in tax administration for enterprises with related-party transactions. This Circular takes effect from August 3, 2021 and replaces Circular No. 201/2013/TT-BTC guiding APA application issued previously.

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Guidance on tax declaration and payment for individuals having income from digital information content products and services

On June 1, 2021, the Ministry of Finance issued Circular 40/2021/TT-BTC guiding value added tax, personal income tax and tax administration of household businesses and individual businesses (Circular 40). Compared to Circular 92/2015/TT-BTC, Circular 40 has some changes in subject classification, tax calculation methods, determination of relevant organizations’ responsibilities, etc. Especially, Circular 40 has expanded the applicable subjects, typically individuals having income from digital information content products and services.

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