Today, LSX Lawfirm will give you an article about: “Cases in which license fees which exempted by Vietnamese law”, as follows:
Legal basis
Consolidation document 20/VBHN-BTC
Consulting content
What is the course fee?
The license fee is an amount to be paid annually or when new to production and business based on the charter capital stated in the business registration certificate/investment capital stated in the investment registration certificate. (for organizations) or revenue of the year (for business households and individuals).
What is the difference between license fees and license tax?
The shift from taxes to fees is more than just a change in terminology. There is also a difference in nature, specifically:
When the license is a tax: It is a compulsory payment to the state budget of organizations, business households, households, and individuals according to the provisions of tax laws. The tax rate will be regulated by tax laws and is the main revenue of the state budget.
Besides, when a license is a fee: It is an amount of money that is fixed to be paid when a state agency provides public services, serving state management. License fees do not depend on the business situation of the subjects.
Subjects must pay license fees
Subjects that must pay license fees are organizations and individuals engaged in the production and trading of goods and services, except for the case specified in Article 3 of this Decree, including:
1. Firstly, enterprises established by law.
2. Then, the organization is established under the Law on Cooperatives.
3. Moreover, non-business units established by law.
4. Economic organization of political organizations, socio-political organizations, social organizations, socio-professional organizations, people’s armed forces units.
5. Besides, other organizations engaged in production and business activities.
6. Branches, representative offices, and business locations of the organizations specified in Clauses 1, 2, 3, 4, and 5 of this Article (if any).
7. Individuals, groups of individuals, and households engaged in production and business activities.
After that, regarding the subject to pay the license fee.
Cases where license fees which exempted according to the law?
Above all, individuals, groups of individuals, households engaged in production and business activities with annual revenue of 100 million VND or less.
Secondly, individuals, groups of individuals, households doing business and production activities infrequently; do not have a fixed location according to the guidance of the Ministry of Finance.
Then, groups of individuals, individuals and households produce salt.
Organizations, individuals, groups of individuals, households farming, fishing, seafood, and fishery logistics services.
Lastly, commune cultural post office and press agencies (print press, audio press, video press, electronic press).
License fee-free for 1 year
Exemption of license fees in the first year of establishment or production and business activities (from January 1 to December 31) for:
a) Newly established organization (granted a new tax code, new enterprise identification number).
b) Meanwhile, households, individuals, groups of individuals doing business for the first time.
c) During the license fee exemption period, when an organization, household, individual, or group of individuals establishes a branch, representative office or business location, the branch, representative office, or business location businesses are exempt from license fees during the period when organizations, households, individuals, and groups of individuals are exempt from license fees.
License fee waiver for 3 years
Small and medium-sized enterprises that move from household businesses (as prescribed in Article 16 of the Law on Support for Small and Medium-sized Enterprises) that exempt from license fees for 03 years from the date of overdue of the first business registration certificate.
Related article:
Conditions for granting a license to trade in traditional medicine in Vietnam
Procedure to change driving license for foreign tourists in Vietnam
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Frequently asked questions
This consolidated document is issued by the Ministry of Finance
Currently, the license tax has been converted into license fees
The purpose is for state officials to provide public services, serving state management work
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