
Based on the latest Vietnam Tax Policy Updates, Vina TPT is pleased to provide a summary of critical tax and labor regulations that will directly impact business operations starting from late 2025 and into 2026. In the context of a rapidly changing legal environment, staying compliant is not just a legal requirement but a strategic advantage for enterprises operating in Vietnam.
1. Vietnam Tax Policy Updates: Value Added Tax (VAT)
Regarding VAT refunds for investment projects implemented before 01 July 2025 under the new regulations.
Official Letter No. 5938/CT-CS dated 12/12/2025 of the Department of Taxation refers to the value-added tax (VAT) policy related to tax refund for investment projects. Accordingly, in case business establishments have investment projects that have been invested before July 1, 2025 and are still in the investment stage from the effective date of Decree 181/2025/ND-CP (July 1, 2025), tax refund regulations for investment ( according to Clause 2, Article 15 of the VAT Law No. 48/2024/QH15 and Article 30 of Decree No. 181/2025/ND-CP ).
This means that business establishments need to clearly determine the time of starting the investment project and the implementation period to determine the benefits of VAT refund according to the new regulations. At the same time, operating business establishments with investment projects eligible for VAT refund must make a separate VAT declaration dossier for the investment project (on the declaration form 02/GTGT) in accordance with the law on tax administration (Point d, Clause 2, Article 7 of Decree No. 126/2020/ND-CP).
2. Vietnam Tax Policy Updates: Foreign Contractor Tax (FCT)
2.1. Regarding the contractor tax policy in cases where the company generates income from subscription service contracts in Vietnam.
Official Letter No. 4998/HYE-QLDN2 dated 02 December 2025 issued by Hung Yen Provincial Tax Department, the tax payment obligations are noted as follows:
a. Determination of Service Type:
- Important: First, it is necessary to clearly determine whether the services provided under the contract are software products or software services as prescribed in Decree No. 71/2007/ND-CPstatus2 . To determine, it is necessary to contact the state management agency for information and communication.
- If it is a software product/service: Exempt from VAT.
- If not a software product/service: Subject to VAT and CIT according to the provisions of contractor tax.
b. Value Added Tax (VAT):
- If not a software product/service:
- Tax calculation method: Calculated directly on revenue.
- VAT rate: 5% of revenue.
c. Corporate Income Tax (CIT):
- Tax calculation method:
- Direct method (percentage to revenue): Applicable if the foreign contractor does not meet the conditions for paying tax according to the declaration method (revenue – expenses).
- Turnover for CIT calculation: All turnover received by the foreign contractor, exclusive of VAT, including expenses paid by the Vietnamese party on behalf of the Vietnamese party (if any).
- Rate (%) of CIT calculated on taxable turnover:
- If income from royalties (according to Clause 3, Article 7 of Circular 103/2014/TT-BTCstatus2 ): 10%
- If not royalty income: 5%
d. Important Note:
- New guiding documents: When the competent authority issues a document guiding the implementation of the Law on CIT No. 67/2025/QH15, it is necessary to comply with these new regulations.
- Accurate determination of the type of service: Determining the exact type of service (software or not) is a key factor in determining the right tax obligation
2.2. Regarding Foreign Contractor Tax (FCT) on the use of foreign brands.
Based on the guidance provided by the Quang Ngai Provincial Tax Department in Official Letter No. 3601/QNG-QLDN1 dated 12 December 2025, if a Vietnamese company enters into a contract with a foreign company for the use of instructions and content associated with the foreign company’s brand in Vietnam, the Vietnamese party shall bear the responsibility for declaring and paying Foreign Contractor Tax (FCT) as follows:
a. Responsibility for tax deduction and payment:
Vietnamese companies must be obliged to declare, deduct and pay tax on behalf of foreign contractors for the copyright fee for using foreign brands in Vietnam, because this is a payment to foreign organizations that do not have permanent establishments in Vietnam.
b. Legal grounds:
The declaration, deduction and payment of tax must comply with the provisions of current law, including:
- Circular No. 103/2014/TT-BTC dated 06/8/2014 of the Ministry of Finance (especially Article 4).
- VAT Law No. 48/2024/QH15 dated 26/11/2024, Decree No. 181/2025/ND-CP dated 01/7/2025, Circular No. 69/2025/TT-BTC dated 01/7/2025 (related to VAT).
- Decree No. 126/2020/ND-CP dated 19/10/2020 of the Government (especially Point n, Clause 4 and Point e, Clause 6, Article 8).
c. Form of Payment:
This liability arises regardless of the form of payment, including payment directly or through payment.
d. Tax Declaration:
- VAT and CIT of foreign contractors applied by the direct method or CIT under the mixed method must be declared for each time of payment incurred. If you pay multiple times a month, you can declare it monthly.
- VAT and CIT by the direct method or CIT by the mixed method of foreign contractors must be finalized at the end of the contract. CIT according to the declaration method of foreign contractors is settled annually.
3. Vietnam Tax Policy Updates: Personal Income Tax (PIT)
3.1. Regarding the registration of a new tax identification number (TIN) and the tax identification number for dependents.
Official Letter No. 6030/CT-NVT dated 16 December 2025 issued by the Tax Department regarding notes on the registration of new tax identification numbers and tax identification numbers for dependents. Specifically, pursuant to Clause 2 Article 38 and Clause 2 Article 39 of Circular No. 86/2024/TT-BTC, from 1 July 2025, the personal identification number shall be used in replacement of the individual tax identification number (TIN).
Taxpayers may use their personal identification number when their tax registration information has been successfully matched with the individual’s information stored in the National Population Database. At that time, the taxpayer shall record the personal identification number in the “Tax Identification Number” field on tax returns, tax payment documents, invoices, personal income tax (PIT) withholding dossiers, and other dossiers, documents, and materials that require declaration of the TIN.
From July 1, 2025, enterprises will register new tax returns for employees when they first go to work or register new employees for new employees/dependents who do not have tax returns according to the provisions of Point b, Clause 1, Article 22 of Circular 86/2024/TT-BTC. After successful tax registration (i.e. the taxpayer’s tax registration data matches the personal information stored in the national population database), the enterprise uses the personal identification number for tax deduction, declaration and payment as prescribed.
Regarding the self-registration of dependents when changing workplaces, taxpayers can register dependents for family circumstance deduction through web portals such as: National Public Service Portal (https://dichvucong.gov.vn); Information system for settlement of administrative procedures (https://dichvucong.gdt.gov.vn); Electronic Tax Portal (https://thuedientu.gdt.gov.vn “personal” module or register directly with the tax authority.
Taxpayers are only required to register and submit documents proving that each dependent is eligible for family circumstance deduction (according to the provisions of Point i, Clause 1, Article 9 of Circular No. 111/2013/TT-BTC). However, when changing the place of work, there is no connection to share information between the income-paying agencies (the new working unit has no basis to calculate the deduction of dependents), so the taxpayer must re-register the dependents at the new workplace.
Currently, the Ministry of Finance is developing a draft of a new PIT Law and a new Law on Tax Administration. Accordingly, the tax authority will build and operate a centralized electronic data system, allowing the storage and lookup of information on family circumstance deduction of dependents through tax identification numbers/personal identification numbers
4. Invoice Policy Updates
4.1. VAT policy and invoicing regulations regarding the time of invoice issuance and the VAT policy applicable to digital products and services.
According to Official Letter No. 5706/CT-CS dated 3 December 2025 issued by the Tax Department, the related contents are responded as follows: Regarding value added tax (VAT) policy, the Company should note that from July 1, 2025, regulations on 0% tax rate, conditions for applying 0% tax rate and conditions for deduction and refund of tax for exported goods and services have been specifically regulated in new legal documents ( Article 9 of Law on Value Added Tax No. 48/2024/QH15, Decree No. 181/2025/ND-CP and Circular No. 69/2025/TT-BTC ). This includes digital information content products.
For the period before July 1, 2025, it is necessary to base on the legal documents in effect at that time ( Clause 6, Article 1 of Law No. 31/2013/QH13, Decree No. 209/2013/ND-CP and Circular No. 219/2013/TT-BTC ), and at the same time refer to previous guidance documents of the Tax Department to ensure compliance with regulations at each period.
Regarding invoice issuance time, (Clause 1 and Clause 4, Article 9 of Decree No. 123/2020/ND-CP ), it is necessary to clearly define the time of transferring ownership/right to use the card to the customer according to the company’s terms of service. Accordingly, when the customer has paid, the money has been transferred to the company’s account and the customer has received the code, the transaction is considered complete . This determination needs to be based on comparison with actual records, the nature of the operation and the provisions of e-commerce law to ensure compliance with regulations on invoice issuance time.
4.2. Regarding the issuance of invoices for on-the-spot export goods.
Accordingly, Official Letter No. 3258/TNI-QLDN2 dated 1 December 2025 issued by the Tay Ninh Provincial Tax Department provides guidance on the issuance of invoices for on-the-spot export goods as follows:
The Company is responsible for issuing VAT invoices when selling goods (Article 4, Decree 123/2020/ND-CP, amended by Article 1, Decree 70/2025/ND-CP) , including cases of goods and services used for promotion, advertising, samples; goods and services used for giving, donating, exchanging, paying in lieu of salary for employees and internal consumption (except for goods circulated internally to continue the production process); exporting goods in the form of lending, borrowing or returning goods. Invoices must be issued and delivered to the buyer.
Regarding invoice content, the Company must comply with (Article 10, Decree 123/2020/ND-CP, amended by Article 1, Decree 70/2025/ND-CP) and (Clause 6, Article 28, Decree 181/2025/ND-CP) . This includes providing complete and accurate information of the buyer on the VAT invoice, especially in the case of on-the-spot export.
Regarding the conditions for deducting input VAT on goods processed for export, the company needs to ensure that it has all the required documents (Clause 6, Article 28, Decree 181/2025/ND-CP) , including: export processing contract, VAT invoice clearly stating the processing price and quantity of processed goods returned to foreign countries, transfer slip of processed products with confirmation from the parties, and must make non-cash payments according to the provisions of law. Customs declarations also need to be made according to customs laws.
5. Tax administration: Key Updates on Tax and Invoice Penalties Applicable from 16 January 2026
Official Letter No. 6175/CT-PC dated 22 December 2025 issued by the Tax Department regarding the introduction of new provisions under Decree No. 310/2025/NĐ-CP, which amends and supplements a number of articles of Decree No. 125/2020/NĐ-CP, effective from 16 January 2026, with the following important amendments and additions on tax and invoice penalties:
5.1. Supplementing the scope of adjustment and some administrative violations on taxes and invoices:
- Supplementing revenues in accordance with the law on management and investment of state capital in enterprises assigned to tax administration agencies to manage revenues within the scope of adjustment.
- Supplementing the sanctioned subjects being the constituent units responsible for declaration and violations related to the notification of this constituent unit.
- Amending and supplementing regulations on sanctions for e-invoice service providers that provide solutions that do not comply with the principles of the law on invoices.
5.2. Amending and supplementing the principles of sanctioning administrative violations related to taxes and invoices:
Amendments to regulations on sanctions in case taxpayers incorrectly declare many indicators on tax dossiers on the same day. Abolish the aggravating circumstance of “repeated administrative violations” in some cases.
Supplementing regulations on sanctions in case taxpayers falsely declare many indicators on one tax dossier.
Supplementing regulations on sanctions for acts of invoicing at the wrong time or failing to issue invoices.
5.3. Amending and supplementing regulations on determination of aggravating circumstances of “large-scale administrative violations”:
Clearly stipulate 02 cases of application of the aggravating circumstance of “large-scale administrative violations” related to the number of violating invoices and the amount of evaded tax.
5.4. Amendments and supplements to regulations on administrative violations committed by relevant organizations and individuals:
Amending and supplementing regulations on sanctioning administrative violations against individuals and organizations (including foreign bank branches) when providing information and documents related to tax obligations and accounts of taxpayers in contravention of regulations.
5.5. Amendment of the fine bracket for acts of invoicing at the wrong time and acts of not invoicing:
Revise the fine bracket corresponding to the number of violation invoices in a case for these two acts.
5.6. To amend, supplement and abolish the competence to sanction administrative violations of titles:
- Supplementing the authority to impose penalties in the form of fines for tax officials.
- Amendment of names and sanctioning competence of heads of tax authorities at all levels.
- Abolishing the title of chairman of the district-level People’s Committee and a number of other titles from the list of persons with sanctioning competence.
5.7. Amendments to regulations on the order and procedures for sanctioning administrative violations:
- Amending regulations on the right to accountability of taxpayers, in accordance with the new provisions of the Law on Handling of Administrative Violations.
5.8. Abolition of a number of administrative violations on invoices:
Abolish acts of violating regulations on invoices ordered to be printed, invoices printed on order, sale of invoices ordered to be printed, issuance of invoices and cancellation of invoices.
6. Others: Officially Designating 24 November as “Vietnam Cultural Day”
Resolution No. 80-NQ/TW, issued on 7 January 2026, affirms that cultural and human development is a fundamental pillar of sustainable development. Accordingly, 24 November each year is officially designated as “Vietnam Cultural Day,” on which employees are entitled to a paid day off. This regulation aims to enhance cultural participation, encourage creativity, and promote a civilized and healthy lifestyle across society.
Conclusion
The Vietnam Tax Policy Updates for late 2025 and 2026 reflect a significant shift towards digitalization and more stringent compliance standards. From the transition of using personal identification numbers for PIT to the new administrative penalty framework effective January 16, 2026, it is clear that proactive preparation is essential for every enterprise.
At Vina TPT, we understand that navigating these complex changes can be challenging for businesses. Whether you need assistance with VAT refund dossiers for investment projects or clarifying Foreign Contractor Tax (FCT) obligations for digital services, our team of experts is ready to provide tailored solutions. Stay ahead of the regulatory curve and ensure your business operations remain seamless and compliant in the new year.
Contact Vina TPT today for a comprehensive tax health check and professional advisory services!


































