1. What is Tax? What common taxes do businesses have to pay?

Tax is a mandatory payment to a state to finance various public expenditures. Failure to pay, along with evasion or resistance to payment of taxes, is punishable by law.

Tax law is a collection of legal norms that govern the social relationships arising during the tax collection and payment process between competent state agencies and taxpayers in order to generate state budget revenue for implementation predetermined goals.

Common taxes that businesses must pay include:

• Value added tax (VAT) is an indirect tax that is calculated on the added value of goods and services as they are produced, circulated, and consumed.

Taxable objects are goods and services used for production, business and consumption in Vietnam. Taxpayers are all organizations and individuals that produce and trade goods and services subject to VAT in Vietnam and other organizations and individuals that import goods subject to VAT. Current tax rates are 0%, 5% and 10%.

• Special consumption tax (SCT) is an indirect tax calculated on the selling price of certain items that businesses produce or collect on import prices and import taxes for some imported products.

Taxable objects are business services, some products and some imported goods according to the provisions of the Special Consumption Tax Law. 

Taxpayers are those who trade in services, products, and goods subject to Special Consumption Tax. Each item subject to special consumption tax is only taxed once. About imported commodity which special consumption tax has been paid,  these are no need to pay taxes anymore. Current tax rates range from 10% to 150%.

• Import-export tax: is a direct tax, calculated directly on the value of exported and imported goods.

Import and export taxes apply to goods imported and exported by domestic and foreign economic organizations that cross Vietnam's borders. This tax is paid by all organizations and individuals who import and export goods on the list of goods subject to import and export tax. 

• Corporate income tax (CIT) is a direct tax based on the enterprise’s final production and business contract results.

Corporate income tax payers are all organizations and individuals who produce and trade goods and services that generate income and must pay taxes. The corporate income tax rate is 20%, except for some other special cases, the tax rate may be lower or higher.

• Personal income tax (PIT) is a direct tax levied on personal income earned inside or outside the territory of Vietnam.

Personal income tax is a tax levied on individual income, but the organization paying the income must deduct the employee’s personal income tax before paying income and is responsible for declaring and paying the tax amount to the the state budget.

Taxpayers are all individuals with income from salaries, wages, business, services, real estate, property transfers, copyrights, inheritance, gifts and other income. Current tax rates range from 5% - 35%.

2. Who are Business Tax Lawyers in Ho Chi Minh?

Business Tax Lawyers in Ho Chi Minh are a team of lawyers with in-depth knowledge and rich practical experience in legal matters of accounting, tax and business finance, advising businesses on the correct and flexible application of tax regulations, thereby optimizing payable taxes. In addition, Business Tax Lawyers in Ho Chi Minh are also represent businesses to resolve tax-related problems with competent state agencies or partners.

3. What do Business Tax Lawyers in Ho Chi Minh perform?

Business Tax Lawyers in Ho Chi Minh provide counsel, drafts documents, works with competent state agencies and if required, tax lawyers can represent for business in court proceedings. The scope of work shall be handled by business tax lawyers can include as follows:

• Consulting on regulations on tax code registration;
• Consulting on investment and business forms to enjoy tax incentives;
• Guiding and preparing tax declaration documents and registering to exchange information with tax authorities;
• Consulting on handling violations in the tax field;
• Consulting on legal regulations on tax finalization, consulting on preparing financial reports;
• Consulting on tax payment procedures;
• Consulting on Value Added Tax refund procedures;
• Consulting on regulations on using invoices and documents;
• Consulting on laws and regulations on tax exemption and reduction procedures;
• Consulting, declaring taxes arising during the company’s operations;
• Instructions on self-calculation, self-declaration, and self-payment of taxes for business owners;
• In case of reorganizing or rearranging a business, business tax lawyers advise on taxes before and after converting the business type; business division; business separation; merger and consolidation of businesses; sale of business; converting an affiliated enterprise into an independent enterprise or vice versa; temporarily stopped operating;
• In case of dissolution, bankruptcy, or business termination, business tax lawyers can advise on legal regulations for completing procedures for closing the tax code with the Tax Authority;
• Drafting complaint documents and representing the business to work with competent authorities to protect the legal rights of the business;
• Representing businesses to participate in resolving disputes at Court, drafting documents and presenting opinions to protect the legal rights and interests of businesses.

4. Why should you retain Business Tax Lawyers in Ho Chi Minh?

When unfortunately encountering tax problems such as tax violations, late tax payments, tax disputes or difficult problems that need to be adviced... hiring a business tax lawyer is the optimal solution for these reasons: 

• Getting legal advice anytime, anywhere. All your legal issues are answered quickly and promptly;
• Prestigious service quality by experienced and specialized Lawyers;
• All  information of clients is absolutely confidential;
• Getting support to solve problems in the most optimal way, reducing damage to businesses.

5. How to find a qualified Business Tax Lawyer in Ho Chi Minh?

Tax in businesses is a very complicated issue, you need to find a business tax lawyer with high expertise, extensive experience, and the qualifications to stay with a business for an extended period of time. The following criteria will assist you in finding the qualified Business Tax Lawyer:

• Identify a reputable tax lawyer:
  • Having a license to practice Law;
  • Having educational and professional qualifications from Bachelor of Laws or higher;
  • Practicing at a reputable law practice organization.
• Contact reputable Law Firms:

Nowadays, with the development of social networks, you can easily find public information of reputable law firms such as information on consulting services, lawyer's literacy, and business tax code, headquarters, branch offices, phone numbers and email addresses. Besides, you can also see previous clients review about that lawyers to have a more objective view.

To best protect the legitimate rights and interests of clients, Business Tax Lawyers in Ho Chi Minh also pay special attention to resolving all issues about Tax in the spirit of “Honour Justice – Respect Goodwill”. They will always accompany clients on every journey. 

You can learn more about Business Tax Lawyers at PHONG & PARTNERS LAW FIRM SYSTEM according to the following information.

6. FAQ related to Business Tax Lawyer

(1) Tax violations?

• Late submission of tax registration dossiers, slow notification of changes in information in tax registration dossiers compared to the prescribed deadline;
• Incomplete declaration of information in tax records;
• Late submission of tax returns compared to the prescribed deadline;
• Violations of regulations on providing information related to determining tax obligations;
• Violations of regulations on compliance with tax inspection decisions and enforcement of tax administrative decisions;
• Incorrect declaration leads to underpayment of tax or increase in tax refund;
• Tax evasion and tax fraud;
• Illegal use of invoices and documents; 
• Other violations according to regulations.

(2) When will businesses be subject to tax inspection?

Enterprises are subject to tax inspection in the following cases:

• When there are signs of violating tax laws;
• To resolve complaints, denunciations or implement anti-corruption measures;
• According to the requirements of tax management based on the results of risk classification in tax management;
• According to the recommendations of the State Audit, conclusions of the State Inspectorate and other competent agencies.

(3) 5 tips to limit tax problems at enterprise:

1. Correctly comply with tax declaration and payment obligations:

The simplest way to keep your business out of tax trouble is to voluntarily meet your tax payment obligations correctly and completely.

2. Comply with tax laws:

You should understand the nature and characteristics of tax laws.

3. Update information about changes in tax law:

Today, all information about changes to the law is published on the Vietnam Government Portal.

4. Careful and transparent tax audit:

Audit has the role of protecting the interests of related parties including investors, banks, tax authorities, shareholders and other parties; minimizing legal risks and improving financial management.

5. Order legal aid services for tax-related procedures:

Every business has a tax accounting team. However, anyone involved in tax planning must also understand the legal concept of taxes. Therefore, businesses should look for reputable tax consulting lawyers to be able to promptly support the business.

If you need to understand about business tax more clearly and specifically, you can email, phone or come directly to the office to be consulted by professional Lawyers at Phong & Partners Law Firm.

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PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Ho Chi Minh City
Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City. 
Tel: 0905.503.678 - 02822 12 5678
Email: phongpartnerslaw.hcmc@gmail.com

Phong & Partners Lawyer in Da Nang city

1. Phong & Partners Lawyer in Thanh Khe - Hai Chau district: 
​Add: 06th Floor, Thanh Loi Building, 249 Nguyen Van Linh, Da Nang

Tel: 0905.102425 - 02363 822678

Email: phongpartnerslaw@gmail.com

2. Phong & Partners Lawyer in Son Tra district:
​01 Dong Giang, Danang - 0905.205624

3. Phong & Partners Lawyer in Lien Chieu district:
21 Truong Van Da, Danang -0961.283093

4. Phong & Partners Lawyer in Ngu Hanh Son district:
03 Chu Cam Phong, Danang - 0905.579269

5. Phong & Partners Lawyer in Cam Le district:
346 Cach Mang Thang Tam, Danang -0901.955099