Knowledge base

This is an official consolidated document published by the Ministry of Industry and Trade (MOIT) in the Official Gazette, merging Circular 47/2014/TT-BCT on managing e-commerce websites together with five subsequent amendments (Circulars 04/2016, 21/2018, 42/2019, 01/2022 and 38/2025/TT-BCT) into a single reference text. It does not create new obligations; it simply compiles the currently applicable rules. The Circular applies to traders, organizations and individuals who set up online selling websites; to owners of e-commerce marketplace, online-promotion and online-auction platforms; to sellers on those platforms; and to organizations conducting website trust-rating (certification) activities. Owners of a selling website must file a simpler 'notification' with MOIT through the E-Commerce Management Portal (online.gov.vn), while marketplace, promotion and auction platform owners must complete a more detailed 'registration' (including a service-provision plan, operating rules, and a model service contract). Businesses must update their filing annually, report activity statistics, and notify MOIT within 7 working days of any change of information or cessation of operation. Websites that violate the rules or fail to report can have their registration revoked and be placed on a public violation list on the Portal. The most recent change folded into this consolidated text is Circular 38/2025/TT-BCT (effective July 1, 2025), which mainly reassigns which administrative level handles these procedures under Vietnam's new two-tier local government model - it does not add new compliance duties for businesses. Owners of e-commerce websites and platforms should use this consolidated version as the single up-to-date reference instead of checking each amending Circular separately.

Son La Tax Department No. 1 clarifies: under Decree 174/2025/ND-CP, a direct-method VAT taxpayer must, when issuing invoices for VAT-reduced goods/services, record the full pre-reduction value in the 'Total amount' column, record the amount after the 20% rate reduction in the 'Total goods/services' line, and note the reduction basis under Resolution 204/2025/QH15. Even where the contract explicitly states the post-reduction price, the invoice must still follow Decree 174/2025/ND-CP's format. The revenue base for VAT calculation is the pre-reduction revenue (must be grossed up), not the post-reduction contract value.

The Ministry of Finance provides guidance on how to record buyer information on invoices when a public non-business unit has both a tax identification number (TIN) and a budget unit code (MQHNS), pursuant to Clause 7, Article 1 of Decree 70/2025/ND-CP dated 20 March 2025 (amending Decree 123/2020/ND-CP on invoices). According to the guidance of the Ho Chi Minh City Tax Department (confirmed by the Ministry of Finance) and Clause 5, Article 10 of Decree 123/2020/ND-CP (as amended by Clause 7, Article 1 of Decree 70/2025/ND-CP): where the buyer is a unit holding both a TIN and a budget unit code, the invoice must record both the TIN and the budget unit code. This is a mandatory requirement, not optional, to ensure accuracy in state budget management. The Ho Chi Minh City Tax Department notifies taxpayers to be aware of and comply with this requirement.

Tax Sub-department 25 of Ho Chi Minh City responded to a query from Ms. Nguyen Thi Loan regarding eligibility for the 3-year CIT exemption for newly established enterprises under Resolution 198/2025/QH15. The authority clarified that the enterprise must qualify as a small and medium enterprise (per Article 5, Decree 80/2021/ND-CP) and must satisfy the conditions in Clause 3, Article 7 of Decree 20/2026/ND-CP. Among the disqualifying conditions: the exemption does not apply if the legal representative, general partner, or highest capital contributor of the new enterprise has held an equivalent role in another enterprise that is currently operating or was dissolved less than 12 months prior. The tax authority did not issue a definitive conclusion for the taxpayer's specific situation, instead instructing Ms. Loan to apply the cited regulations to her own facts to determine eligibility.

The Ministry of Finance clarified the eligibility conditions for the 3-year corporate income tax (CIT) exemption for newly established small and medium enterprises (SMEs) under National Assembly Resolution 198/2025/QH15 and Government Decree 20/2026/ND-CP. The query concerned a single-member LLC established in early 2025 that changed ownership in September 2025 and hired a foreign director. To qualify for the 3-year CIT exemption, a newly established SME must meet conditions set out in Resolution 198/2025/QH15 and Decree 20/2026/ND-CP, including that the owner(s) must not have previously established or contributed capital to any other enterprise. The Ministry confirmed that if both the former and new owner had never established or invested in any other company, the enterprise may still be eligible for the exemption. Eligibility is assessed based on the actual circumstances at the time of establishment and throughout the company's operation. The enterprise should maintain supporting documentation to present to the tax authority upon request.

The Department of Accounting and Auditing Management (Cuc QLKT) of the Ministry of Finance clarifies how to determine whether a company with an independently accounting branch qualifies as a "large-scale other enterprise" subject to mandatory financial statement audit under Decree 90/2025/ND-CP (meeting at least two of three thresholds: average social insurance-enrolled employees, total annual revenue, total assets). The Department rules that the thresholds must be assessed using consolidated or combined financial statement figures, not each entity's stand-alone figures. Since the parent accounting unit is required by Article 29 of the Accounting Law to prepare combined or consolidated financial statements incorporating the branch, the relevant figures are those from the combined/consolidated financial statements of the most recent preceding year (2024).

The General Department of Taxation provided guidance on how to record buyer information on e-invoices when individual customers decline to provide personal identification details. The primary legal basis is Clause 7, Article 1 of Decree 70/2025/ND-CP amending Decree 123/2020/ND-CP on invoices and documents. According to the guidance, when individual retail customers purchasing for personal consumption (not for business) refuse to provide information (name, address, tax code, national ID), the seller may leave fields blank or record only the information the customer does provide (e.g., just name and province/city). The tax authority instructs businesses to comply with current regulations and to seek further clarification from their direct managing tax authority.

The Customs authority responded to a metal products manufacturer (pliers, screwdrivers, and other hand tools, 95% exported) regarding the timing of electronic invoice issuance for exports and customs clearance conditions under current regulations. On clearance: goods are cleared after completing customs procedures. If tax has not been fully paid, a credit institution guarantee or tax deferral arrangement is required. Goods subject to specialized inspection are cleared upon receiving an inspection waiver notice or a satisfactory inspection result. The Customs authority reminded the company to refer to specific provisions in the 2014 Customs Law, Decree 08/2015/ND-CP, and Circulars 38/2015/TT-BTC and 39/2018/TT-BTC for proper declaration and import-export tax compliance.

The Ho Chi Minh City Tax Department responded to SRT Vung Tau Trading and Investment Co., Ltd. (TIN 3502539672) regarding eligibility for the 3-year Corporate Income Tax (CIT) exemption for newly registered small and medium-sized enterprises (SMEs), under National Assembly Resolution 198/2025/QH15 and Decree 20/2026/NĐ-CP. Under clause 3, Article 7 of Decree 20/2026/NĐ-CP, a newly established company does **not qualify** for the exemption if its legal representative, general partner, or largest capital contributor has previously held the equivalent role in an enterprise that is currently operating or was dissolved less than 12 months before the new company was established. The Tax Department advised the company to self-assess its eligibility, paying particular attention to the business history of its legal representative.

This is a consolidated text merging National Assembly Resolution No. 189/2025/QH15 (effective 19 February 2025) with the amendments made by Standing Committee Resolution No. 121/2026/UBTVQH15 (effective 30 March 2026). Together they set out special mechanisms and policies for building the Ninh Thuan 1 and Ninh Thuan 2 nuclear power plants. The resolution grants a package of exceptions available only to this project: fast-track direct contractor appointment (no competitive bidding) for the turnkey main-plant package and key consulting packages; international treaty negotiations run in parallel with investment-policy approval; use of the foreign partner's own technical standards where Vietnamese standards are absent; domestic commercial banks are exempted from counting the investor's loans toward their credit-concentration limits under the Law on Credit Institutions; the investor may borrow ODA and issue project bonds without some of the usual appraisal steps. Ninh Thuan province keeps 70% of incremental budget revenue generated by the project, may borrow ODA above the normal cap, and applies land-recovery compensation and resettlement support at a 1.5x multiplier for households and organizations whose land is taken for the project. For SMEs generally, direct impact is minimal since these are one-off exceptions tied to a single national energy infrastructure project. Parties directly affected are the state-owned project investor, commercial banks arranging financing, domestic and foreign contractors bidding for the works, and landholders and businesses in the affected areas of Ninh Thuan province. Accountants and tax advisors serving those parties should note the special credit-limit exemptions and the enhanced land-compensation formula described above.

Decision 01/2025/QD-TTg issued by the Prime Minister on January 3, 2025, and effective from February 18, 2025, officially abolishes in its entirety Decision 78/2010/QD-TTg regarding the tax exemption threshold for imported goods sent via express delivery services. This decision holds significant implications for businesses, particularly e-commerce enterprises and individuals who frequently import goods through express delivery services. Previously, Decision 78/2010 stipulated that imported goods valued at VND 1 million or less sent via express delivery would be exempt from import duties. The abrogation of this decision means that the old exemption threshold is no longer valid, and new regulations on import duties will be applied according to other current legal documents. For small and medium enterprise owners, especially those engaged in importing goods or receiving items from abroad, it is important to note that from February 18, 2025, all imported consignments via express delivery services must comply with the latest tax regulations under the Law on Export Tax and Import Tax and related guiding documents. Businesses should proactively update themselves on new exemption thresholds and tax calculation methods to avoid unexpected costs during the goods importation process.

Consolidated Document No. 12/VBHN-NHNN merges Circular No. 62/2024/TT-NHNN with amendments introduced by Circular 26/2025/TT-NHNN and Circular 69/2025/TT-NHNN. It sets out the conditions, application dossiers, and approval procedures the State Bank of Vietnam (SBV) uses to approve the reorganization of commercial banks and non-bank credit institutions. Covered forms of reorganization include mergers, consolidations, conversion of legal form (from limited liability company to joint stock company and vice versa), and conversion between general-purpose and specialized finance companies. Under the rules, a credit institution formed through a merger or consolidation must maintain charter capital at or above the legal minimum for its institution type and comply with prudential safety ratios after reorganization. Approval proceeds in two stages - in-principle approval followed by final approval - each with its own processing timeline and a detailed dossier requirement, including a merger or consolidation scheme, the merger or consolidation contract, three years of audited financial statements, and documentation confirming the transaction is not a prohibited economic concentration under competition law. This document governs the internal restructuring process for banks and finance companies themselves. It is not a tax, accounting, e-invoice, labor, or customs regulation applicable to ordinary SMEs. As such it falls outside RegHub's core coverage areas and has been assessed as not suitable for publication on the platform.