Export Exchange Rate: Customs Department Sets Out the Customs Tax Rate but Gives No Guidance on Handling Invoices
A company asked how to handle export invoices issued since 1 July 2026 using the customs exchange rate (Clause 4, Article 14 of Decree 252/2026/ND-CP), after Tax Department Official Letter 6810/CT-QLNT of 14 September 2026 said the invoice rate is the actual transaction rate under accounting law. The Customs Department cited Clause 9, Article 1 of Decree 167/2025/ND-CP: the rate for determining taxable value is the transfer buying rate of the head office of the Joint Stock Commercial Bank for Foreign Trade of Vietnam at the end of the Thursday of the preceding week (or the prior working day if Thursday is a day off), applied to declarations registered that week. Currencies not quoted by that bank use cross rates published by the State Bank of Vietnam. On the rate shown on invoices and exchange differences, the answer gives no specific conclusion on handling invoices already issued; Customs asks the company to study the rules or contact the domestic tax authority.
AI consulting fees paid to a Dutch-resident expert: Tax Department gives no conclusion, nature of income must be clarified
The Tax Department (Ministry of Finance) said the information provided is insufficient to determine the nature of the income of the Dutch-resident expert, so it gave no conclusion on which treaty article applies or whether withholding is required. It outlined three possibilities: (i) independent personal services (Article 14) if the expert is autonomous in expertise, methods and organization of work and has no employment relationship; (ii) dependent personal services (Article 15) if in substance the expert works under the company's direction and control; (iii) royalties (Article 12) if all or part of the payment is for the use of, or the right to use, copyrights, software, patents, know-how or other intellectual property. On documentation, if the expert is a Dutch resident and falls within the group exempt from PIT under the treaty, the expert files an exemption application with the tax authority where they are registered, or authorizes the Vietnamese party to file on their behalf. The Vietnamese party files with its directly managing tax authority, per Article 76 of Circular 89/2026/TT-BTC.
Consolidated Document No. 117/2026/VBHN-NĐ-NHNN consolidating the Decree on Gold Business Management
This consolidated document brings together Decree 24/2012/NĐ-CP on gold business management, as amended by Decree 232/2025/NĐ-CP (effective 10 Oct 2025) and Decree 390/2026/NĐ-CP (effective 16 Oct 2026). The State Bank of Vietnam (SBV) manages gold business on behalf of the Government. Key points for SMEs: producing, processing and trading gold jewelry is not a conditional business line; the SBV certificate of eligibility for jewelry production is no longer a condition, and pending applications are terminated. Businesses must still comply with laws on quality, measurement, labeling, price listing, invoices, tax, fire safety, environment, consumer protection and anti-money laundering. Gold purchases and sales of VND 5 million or more per customer per day must be paid by non-cash means. Producing and trading gold bars is conditional and requires SBV licenses. A trading enterprise needs charter capital of at least VND 100 billion, 2 years' experience, at least VND 500 million per year of gold-business tax paid for the 2 latest consecutive years, and a network in at least 3 provinces/cities. Gold bar production requires capital of at least VND 1,000 billion (commercial banks: VND 50,000 billion). Using gold as a means of payment is a violation.
VAT Reduction on Accepted Aluminum-Glass Construction and Installation Work by a Subcontractor
A subcontractor performing aluminum-glass work (supplying, installing and finishing aluminum-glass doors and curtain walls) asked what VAT rate applies when accepting and billing completed work, given that its input materials carry 8% or 10% VAT. Can Tho Tax Sub-department No. 3 answered by citing the rules and did not state a specific rate. For construction and installation, the VAT point and the invoice issuance point is when the project, work item or completed volume is accepted and handed over, whether or not payment has been received. Decree 174/2025/ND-CP reduces VAT for goods and services currently taxed at 10% (except excluded groups), effective from 1 July 2025 to 31 December 2026. The tax office's conclusion: construction and installation work whose acceptance/handover of completed volume falls between 1 July 2025 and 31 December 2026 qualifies for the VAT reduction under Decree 174/2025/ND-CP. The company should check this against its actual circumstances.
Circular No. 154/2026/TT-BTC amending and supplementing Circular No. 80/2019/TT-BTC on customs procedures for border trade goods
Circular 154/2026/TT-BTC, issued by the Ministry of Finance on 15 October 2026 and effective 1 January 2027, amends Articles 4, 5, 6 and 7 of Circular 80/2019/TT-BTC on customs procedures for border trade goods. It also replaces certain terms (Customs Department, Regional Customs, Border-gate Customs) and updates legal references. Traders aggregating goods from border residents must follow customs procedures for ordinary imports through border gates, entering the border-resident declaration number in the bill-of-lading field and attaching the declaration; the dossier must be filed within 30 days of purchase at the nearest border-gate customs office. Goods must be assembled at centralized customs-supervised warehouses, yards or inspection points, and may be sold or moved inland only after customs clearance and full tax payment. If the residents' goods already met tax, import management and quality inspection obligations, the trader does not have to carry out customs procedures; an e-invoice must be issued when the goods enter domestic circulation. Border residents declare electronically per Appendix I (paper form in Appendix II if the system fails); imports above the duty-free allowance must be physically inspected and taxed; only items on the list in Circular 34/2025/TT-BCT may be imported. At border gates without Treasury/bank collection points, customs collects tax in cash or electronically.
Dong Nai Tax Office on Unit, Quantity and Unit Price on Invoices for Instalment Collections in Real Estate
The Dong Nai City Tax Office answered a real estate company on invoicing for instalment collections under industrial-cluster property leases and project land-plot transfer contracts. It cites Article 10 and the Appendix of Decree 254/2026/NĐ-CP and Article 15 of Decree 320/2025/NĐ-CP. For property leasing (a service), the detailed invoice content on unit, quantity and unit price follows Article 10(1), (3) and Section 5 of the Appendix. For real estate transfers under Article 15 of Decree 320/2025/NĐ-CP, if the activity is house-building-for-sale with progress-based payments under the contract, the invoice need not show unit, quantity and unit price (Section 9(e) of the Appendix). The answer does not address land-plot transfers that are not build-to-sell, nor does it give a method for percentage-based payments or advance multi-period rent. Businesses should contact their managing tax office if unclear.
PIT on Investment Income via Foreign Platforms (Forex/CFD, Crypto Assets): No Specific Rule Yet
A Vietnam-resident individual asked about tax obligations when trading CFDs, forex and crypto assets on foreign platforms with their own funds. Tax Sub-Department No. 6 of Dak Lak answered by citing the 2025 Personal Income Tax Law, Decree 253/2026/ND-CP, Resolution 05/2025/NQ-CP and Circular 32/2026/TT-BTC. Under these texts, income from transferring digital assets, including crypto assets, is 'other income'. Individuals (resident or non-resident) who transfer crypto assets through a crypto asset service provider pay PIT at 0.1% of the transfer price each time, and the activity is not subject to VAT. The tax office concluded that current law has no specific rule on taxable income from investing on foreign forex exchanges. Income from crypto trading on foreign platforms falls outside the scope and subjects of Circular 32/2026/TT-BTC and Resolution 05/2025/NQ-CP. The reply gives no guidance on record-keeping, filing procedures or which authority to approach.
Professional Social Organizations: Circular 133 Does Not Apply, Choice of Corporate or Administrative-Non-Business Accounting Regime
The Department of Accounting and Audit Management and Supervision (Ministry of Finance) answered a reader's question on the accounting regime for a non-profit professional social organization funded by its own resources. According to the answer, Circular 133/2016/TT-BTC does not apply to professional social organizations. They may choose the corporate accounting regime under Circular 99/2025/TT-BTC or the administrative and non-business accounting regime under Circular 24/2024/TT-BTC, to suit their operations and management needs. When applying Circular 99/2025/TT-BTC, the entity must apply it consistently for at least one annual accounting period; if it changes regime, it must restate comparative figures and explain in the notes. On reporting, under Article 29 of the Law on Accounting, financial statements comprise a statement of financial position, a statement of operating results, a cash flow statement, notes and other reports required by law; annual financial statements go to the competent state authority within 90 days of the end of the annual accounting period.
Q&A: Filing a Tax Return More Than 90 Days Late but Paying Tax and Late-Payment Interest in Full - A Tax Procedure Violation, Not Tax Evasion
An individual proposed amending Article 13 of Decree 125/2020/ND-CP on penalties for late PIT finalisation filing, saying people with small casual income from e-commerce platforms who voluntarily paid the shortfall were still fined up to VND 5.75 million per return. The asker proposed removing the fixed fine where additional tax is under VND 1 million and waiving or only warning for small digital-platform income before 2025. Hue City Tax replied, citing Tax Administration Laws 38/2019/QH14 and 108/2025/QH15: filing a tax return more than 90 days late with tax due, where the taxpayer paid the full tax and late-payment interest before the tax authority issued a record of the late filing, is not penalised as tax evasion but is a tax procedure violation subject to administrative penalty. The violation, limitation period and penalty level must be determined from the actual file; Hue City Tax holds no records of the asker's case and so could not determine a specific penalty. The policy proposals were only noted for reporting to the competent authority.
Q&A: Setting Estimated Prices Based on a Valuation Certificate Applying the Software Cost Norms of Decision 671/QD-BTTTT
A valuation firm asked whether a state agency may set an estimated price based on a valuation certificate that still uses the norm-based software cost method of Decision 671/QD-BTTTT (26 April 2024), even though the questioner believes Decree 224/2026/ND-CP no longer provides for that method. The project is funded from recurrent state budget in the IT and digital transformation field. The answer gives no direct conclusion on whether this is permitted. It only restates provisions of the 2023 Law on Prices: definitions of valuation and valuation certificate (Article 4), the distinction between valuation services and State valuation (Article 40), the rule that certificates and reports are one of the bases for deciding or approving a price and are valid only within their validity period and for the stated purpose (Article 55), and the scope of State valuation (Article 59). For specific guidance on the new estimating method replacing the old norms for recurrent funding, the answer advises the questioner to submit a written request to, or contact, the Ministry of Science and Technology.