Tax agent means an enterprise or branch of an enterprise that fully satisfies the conditions for providing tax service business according to the provisions of the Law on Tax Administration and other relevant laws. Accordingly, foreign investors who want to do business as tax agents in Vietnam must meet the conditions and carry out business registration procedures with competent state agencies, LSX Lawfirm wil guide you the order and procedures for foreign investors establish tax agents in Vietnamnt as follows.
Legal grounds
Investment Law 2014;
Enterprise Law 2014;
Law on Tax Administration 2006; amended and supplemented in 2012;
Circular No. 117/2012/TT-BTC guiding the practice of tax procedures;
Circular No. 51/2017/TT-BTC amending; and supplementing a number of articles of Circular No. 117/2012/TT-BTC guiding the practice of tax procedure service.
Step 1: Register to invest
Foreign investors investing in establishing economic organizations in Vietnam must carry out investment registration procedures at agencies competent in state management of investment.
Accordingly, the investor prepares and sends 01 set of application for the Investment Certificate to the Department of Planning and Investment where the investor intends to locate. Dossier include:
- Firstly, a written request for the implementation of an investment project;
- Secondly, copy of personal identification;
- Thirdly, a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor being an organization;
- Fourthly, proposing investment projects; Copies of documents proving the investor’s financial capacity;
- Lastly, BCC contract for investment projects in the form of BCC contract.
Besides, within 15 days from the day on which the complete application is received, the investment registration authority shall issue the Investment Registration Certificate to the investor.
Step 2: Register your business
The investor submits 01 set of business registration documents to the Business Registration Office of the Department of Planning and Investment where the tax agent intends to locate. An application for business registration includes the following documents:
- Business registration application form;
- Company rules;
- List of members or shareholders of the company (if it is a limited liability company with two or more members or a joint stock company);
- Copy of personal certificate;
Within 03 – 05 working days from the date of receipt of complete and valid dossiers, the Department of Planning and Investment will issue the business registration certificate, In case of refusal, the enterprise shall be notified and clearly stated the reason.
Step 3: Announce business registration
After receiving the business registration certificate; within 30 days from the date of publication, the enterprise must publicly announce the business registration information on the National Business Registration Portal.
Within the above time limit, enterprises that fail to carry out the procedures for announcing business registration shall be administratively sanctioned accordingly the provisions of law.
Step 4: Engrave the seal and announce the seal sample
Enterprises themselves or authorize LSX Law Firm to engrave legal seal for the enterprise.
After engraving the seal, the enterprise shall make a public announcement of the use of the seal sample on the National Business Registration Portal. Enterprises have the right to decide on the seal sample and number of seals of their company.
Step 5: Register to be eligible for tax procedure service business
Before doing business, tax agents must register to be eligible for business in tax procedure services and be certified by the Tax Department to be eligible for business tax procedure services. A tax agent shall make one (01) application for a Certificate of eligibility for business in providing tax services; and send it to the Department of Taxation where the tax agent’s head office is located, including:
- Firstly, a written notice of eligibility for business in service of tax procedures; (made according to form No01 issued together with this Circular);
- Secondly, a photocopy of the business registration certificate stating the service line of tax procedures; and the certificate of tax registration certified by the tax agent;
- Thirdly, copy of the tax agent’s practicing certificate of the tax agent, certified by the tax agent;
- Lastly, the signature form of the authorized person of the tax agent is signed on the application for tax registration; tax declaration, tax payment, tax finalization, tax complaint; application file for tax exemption, tax reduction; tax refund, other relevant documents as prescribed in the Law on Tax Administration and relevant laws.
Within ten (10) working days from the date of receipt of a complete and valid dossier accordingly in Clause 1 of this Article, the Tax Department must certify the eligibility for business in providing tax service for tax agents.
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Related questions
Hence the regulation of Vietnamese Law, tax is a compulsory, non-reimbursable revenue of the State for organizations and individuals to meet the spending needs of the State for the common good.
Accordingly, businesses could pay taxes in the following places: the State Treasury, tax management department, organizations authorized by tax authorities to collect taxes, commercial banks, other credit institutions, and service organizations.
Depend on the situation, the penalty may vary from 0,05% per day to 0,07% per day.
Conclusion: So the above is Foreign investors establish tax agents in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
