CIRCULARS
DETAILED REGULATIONS ON SOME ARTICLES OF THE LAW ON CORPORATE INCOME TAX AND GOVERNMENT DECREE NO. 320/2025/ND-CP DATED DECEMBER 15, 2025 DETAILING SOME ARTICLES AND MEASURES FOR ORGANIZING AND GUIDING THE IMPLEMENTATION OF THE LAW ON CORPORATE INCOME TAX
Based on the Corporate Income Tax Law No. 67/2025/QH15;
Based on Decree No. 320/2025/ND-CP dated December 15, 2025 of the Government detailing a number of articles and measures to organize and guide the implementation of the Corporate Income Tax Law;
Based on Government Decree No. 29/2025/ND-CP dated February 24, 2025, regulating the functions, tasks, powers, and organizational structure of the Ministry of Finance, as amended and supplemented by Decree No. 166/2025/ND-CP;
As requested by the Director of the Department of Tax, Fee and Charge Policy Management and Supervision;
The Minister of Finance issued a Circular detailing certain provisions of the Law on Corporate Income Tax and Government Decree No. 320/2025/ND-CP dated December 15, 2025, detailing certain provisions and measures for organizing and guiding the implementation of the Law on Corporate Income Tax.
Article 1. Scope
This circular stipulates the following:
1. Documentation of expenses included in deductible expenses as stipulated in points b and c, clause 1, Article 9 of the Corporate Income Tax Law.
2. Documents for tax incentives in cases stipulated in Articles 4, 13, 14, and 15 of the Corporate Income Tax Law.
3. The time of determining taxable revenue for corporate income tax purposes in certain cases as stipulated in point c, clause 2, Article 8 and clause 3, Article 12 of Government Decree No. 320/2025/ND-CP dated December 15, 2025, detailing some provisions and measures to organize and guide the implementation of the Corporate Income Tax Law (hereinafter referred to as Decree No. 320/2025/ND-CP).
4. Documents for declaring and paying taxes by Vietnamese enterprises investing abroad on income from investment projects abroad as stipulated in Clause 2, Article 12 of Decree No. 320/2025/ND-CP.
5. Corporate income tax for foreign enterprises operating in Vietnam is regulated in Article 2, Clause 4 of Article 3 and Clause 3 of Article 12 of Decree No. 320/2025/ND-CP.
6. The registration of investment capital for the implementation of enterprise expansion investment projects is regulated in Article 20 of Decree No. 320/2025/ND-CP.
7. Tax obligations in cases where fixed assets formed from the enterprise's Science and Technology Development Fund for scientific and technological research activities have not yet been fully depreciated and are transferred by the enterprise to serve its production and business activities, and the form for reporting the establishment and use of the enterprise's Science and Technology Development Fund as stipulated in Clause 4, Article 22 of Decree No. 320/2025/ND-CP.
Article 2. Subject of application
This Circular applies to organizations and individuals involved within the scope of regulation specified in Article 1 of this Circular.
Article 3. Documentation of expenses included in deductible expenses as stipulated in points b and c, Clause 1, Article 9 of the Corporate Income Tax Law.
Expenses deductible under points b and c, Clause 1, Article 9 of the Corporate Income Tax Law must be supported by sufficient invoices, documents, and other required documentation. The specific required documents are as follows:
1. The documentation for expenditures on national defense and security education, training, operations of militia and self-defense forces, and other national defense and security tasks as prescribed by law, as stipulated in point b1, clause 1, Article 9 of the Corporate Income Tax Law, includes:
a) Decisions of the competent authority at the enterprise regarding the implementation of national defense and security education tasks, training, activities of the militia and self-defense forces, and serving other national defense and security tasks;
b) A confirmation document from a competent authority, as stipulated by specialized laws, stating that the enterprise has performed tasks related to national defense and security education, training, operations of militia and self-defense forces, and other national defense and security duties.
2. The documentation for expenditures supporting the activities of Party organizations and socio-political organizations within enterprises, as stipulated in point b2, clause 1, Article 9 of the Corporate Income Tax Law, includes:
a) Decisions on the establishment or working regulations of Party organizations and socio-political organizations within enterprises;
b) A written request for support from the Party organization or socio-political organization within the enterprise, or an approved plan for the use of funds to support the activities of the Party organization or socio-political organization within the enterprise (if any).
3. The documentation for expenditures on vocational education and training for employees as prescribed by law, as stipulated in point b3, clause 1, Article 9 of the Corporate Income Tax Law, includes:
a) The employment contract or collective labor agreement or the enterprise's financial regulations stipulate expenses for vocational education and training for employees (including cases where the employment contract or collective labor agreement or the enterprise's financial regulations allow employees to be reimbursed for vocational education and training expenses through non-cash payment services, and these expenses are subsequently reimbursed by the enterprise to the employees through non-cash payment services);
b) Decision of the competent authority at the enterprise approving the list of employees selected to participate in vocational education and training activities;
c) Employee's training registration documents (copy);
d) Diplomas and certificates confirming the employee's educational achievements. In the absence of diplomas or certificates, a confirmation letter from the vocational education or training institution for the employee, or a list of employees who have participated in vocational education or training activities, must be provided.
4. The documentation for actual expenditures on HIV/AIDS prevention and control activities in the workplace of enterprises, as stipulated in point b4, clause 1, Article 9 of the Corporate Income Tax Law, is the enterprise's internal regulations/rules which include provisions on expenditures for HIV/AIDS prevention and control activities.
5. Documents for grants for education, health, and culture; grants for disaster prevention, mitigation, and recovery; building solidarity houses, charitable houses, and houses for policy beneficiaries as prescribed by law; grants as prescribed by the Government and the Prime Minister for localities in areas with particularly difficult socio-economic conditions; grants for scientific research, technological development, innovation, and digital transformation as stipulated in point b5, clause 1, Article 9 of the Corporate Income Tax Law.
a) For donations to education, healthcare, and culture in cash or in kind, the documentation includes: A donation confirmation record signed by the representative of the sponsoring enterprise and the representative of the recipient (or the representative of the agency or organization authorized to mobilize donations as prescribed by law). For donations to patients, the donation confirmation record must include confirmation from the agency or organization authorized to mobilize donations as prescribed by law and the signature of the patient or their family member.
b) For donations in cash or in kind for disaster prevention, control, and mitigation, the dossier includes: A donation confirmation record signed by the representative of the donating enterprise and the representative of the recipient, who is an individual or organization established and operating in accordance with the law. For donations to individuals, the donation confirmation record must include confirmation from the agency or organization authorized to mobilize donations as prescribed by law and the signature of the individual receiving the donation.
c) For donations of money or in-kind contributions for the construction of solidarity houses, charitable houses, or houses for policy beneficiaries, the dossier includes: A confirmation record of the donation signed by the representative of the sponsoring enterprise and the representative of the recipient (or the representative of the agency or organization authorized to mobilize donations as prescribed by law); a document confirming that the beneficiary is a policy beneficiary issued by the competent authority as prescribed by specialized laws;
d) For monetary or in-kind donations as stipulated by the Government, the Prime Minister shall allocate funds to localities in areas with particularly difficult socio-economic conditions. The dossier shall include: A confirmation record of the donation signed by the representative of the donating enterprise and the representative of the recipient (or the representative of the agency or organization authorized to mobilize donations as prescribed by law);
d) For grants in cash or in kind for scientific research, technological development and innovation, and digital transformation, the application process must comply with the regulations of the law on science, technology and innovation, the law on digital transformation, and Decree No. 320/2025/ND-CP;
e) Minutes confirming the grant mentioned in this clause, using Form No. 01/TNDN issued together with this Circular.
6. The documentation for expenditures on scientific research, technological development, innovation, and digital transformation as stipulated in point b6, clause 1, Article 9 of the Corporate Income Tax Law shall comply with the provisions of the law on science, technology, and innovation, the law on digital transformation, and Decree No. 320/2025/ND-CP.
7. The documentation for the portion of the loss value due to natural disasters, epidemics, and other force majeure events that are not compensated as stipulated in point b7, clause 1, Article 9 of the Corporate Income Tax Law includes:
a) An inventory report of the value of damaged assets and goods, prepared by the enterprise, must clearly identify the value of the damaged assets and goods, the cause of the damage, the responsibility of the organization or individual for the damage, the type, quantity, unit price, and recoverable value of assets and goods (if any);
b) A list of damaged goods, including incoming and outgoing shipments, must be confirmed, signed, and legally vouched for by the business's legal representative.
c) Documents proving that the insurance company has accepted the claim for compensation (if any);
d) Documents specifying the responsibility of organizations and individuals to provide compensation (if any).
8. The records of actual expenditures for seconded individuals participating in the management, operation, and control of credit institutions under special supervision and commercial banks that are compulsorily transferred according to the provisions of the Law on Credit Institutions, as stipulated in point b8, clause 1, Article 9 of the Law on Corporate Income Tax, include:
a) Decision on secondment by the competent authority;
b) Written approval or acceptance of the secondment from the credit institution receiving the seconded person;
c) Contracts and agreements (if any) between the parties involved.
9. The documentation for certain expenses incurred in the production and business activities of an enterprise but not corresponding to the revenue generated during the period, as stipulated in point b9, clause 1, Article 9 of the Corporate Income Tax Law, is regulated as follows:
a) Regarding the costs incurred by a bidder for participating in a tender but failing to win, the dossier includes: the tender documents from the investor/procuring entity; the bid submitted to the investor/procuring entity when participating in the tender; the results of the contractor selection issued by the investor/procuring entity (if any); and other documents as prescribed by law on bidding (if any).
b) For costs related to market research, product and service research in preparation for the production of new products and services, and investment costs for new product and service development projects that are unsuccessful or discontinued, the dossier includes: A research report on market development and new product and service development as prescribed in point 12, clause 2, Article 9 of Decree No. 320/2025/ND-CP;
c) Regarding land lease fees and infrastructure management and maintenance costs paid to infrastructure businesses in economic zones, high-tech zones, high-tech agricultural zones, concentrated digital technology zones, industrial parks, and industrial clusters; and land lease fees paid to the State for land leased from the State, where this land and infrastructure must be the location or headquarters of the enterprise's production and business activities in cases where the enterprise has not yet participated in production and business activities, the dossier includes: Decision approving the investment policy or investment policy decision or investment registration certificate or equivalent legally valid document as prescribed by investment law (if any); agreement or contract for land and infrastructure lease, clearly specifying the costs the enterprise must pay for land lease fees and infrastructure management and maintenance costs;
d) For depreciation or amortization expenses as prescribed for leased assets during the period when there are no tenants, the documentation includes: Documents proving the enterprise's legal ownership or right to use the asset; and records of asset management and accounting as prescribed.
d) For costs related to the establishment of a business or its branches, subsidiaries, or business locations; costs for restoration after temporary suspension of production or business operations (excluding investment expenditures for the construction of fixed assets); costs for restoring the original state according to the contract before the dissolution of the business or the termination of operations of its branches, subsidiaries, or business locations, the dossier includes: Business registration certificate, branch/representative office registration certificate, business location registration certificate, confirmation that the business, branch, or business location has notified of temporary suspension/resumption of business operations before the previously announced deadline, or confirmation that the representative office has temporarily suspended/resumed operations before the previously announced deadline; notification of the dissolution of the business or notification of the termination of the existence of the branch/representative office/business location.
In cases where costs arise for restoring the original condition of the headquarters, production and business locations as per the contract before the dissolution of the enterprise or the termination of operations of its branch/representative office/business location, the enterprise shall supplement the handover record of the current condition of the headquarters, production and business location before the temporary suspension of production and business and the handover record of the current condition after resuming business before the announced deadline, or the handover record of the current condition before and after the dissolution of the enterprise or the termination of operations of its branch/representative office/business location;
e) For pre-sale product/service introduction/marketing costs, the dossier includes: A report on the investment plan for the production of products and services as stipulated in point 16, clause 2, Article 9 of Decree No. 320/2025/ND-CP;
g) For costs related to the destruction of damaged inventory due to natural biochemical changes, outdated or obsolete goods, expired goods, goods with no usable value, or goods that do not meet market circulation requirements as stipulated by specialized laws; and costs related to the destruction of unused raw materials, supplies, and components, the documentation includes: A decision by the competent authority at the enterprise regarding the destruction of goods, raw materials, supplies, and components; an inventory record of the value of goods, raw materials, supplies, and components prepared by the enterprise, clearly stating the cause, type, quantity, value, and proposed disposal plan for the aforementioned goods, raw materials, supplies, and components, confirmed, signed, and vouched for by the enterprise's legal representative; a decision establishing a council to handle the destruction of goods, raw materials, supplies, and components; and a decision on the disposal by the council.
h) For the cost of disposing of assets due to damage or loss of use, the documentation includes: A decision by the competent authority at the enterprise regarding the disposal of the assets; an inventory report of the assets' value prepared by the enterprise, clearly stating the cause of damage, type, quantity, value, and asset disposal plan, confirmed, signed, and vouched for by the enterprise's legal representative; a decision establishing the Asset Disposal Council; and a disposal decision by the Disposal Council.
i) For costs related to the disposal of scrap and waste materials generated during processing and production, the documentation includes: A record confirming the disposal of scrap and waste materials, prepared by the enterprise and confirmed, signed, and legally responsible by the enterprise's legal representative.
10. The documentation for expenditures supporting the construction of public works, while simultaneously serving the production and business activities of enterprises as stipulated in point b10, clause 1, Article 9 of the Corporate Income Tax Law, includes:
a) The document approving the policy or project for the construction of public works must be signed and vouched for by the legal representative of the enterprise;
b) Investment decision or contract signed between the enterprise and the competent authority.
11. Documentation of expenses related to reducing greenhouse gas emissions to achieve carbon neutrality and net zero, reducing environmental pollution, and related to the production and business activities of enterprises as stipulated in point b11, clause 1, Article 9 of the Corporate Income Tax Law includes:
a) Decision of the competent authority of the enterprise regarding the implementation of greenhouse gas emission reductions;
b) Project or plan documents related to reducing greenhouse gas emissions.
12. Documents for contributions to funds established by decision of the Prime Minister and regulations of the Government that enterprises are obligated to submit as stipulated in point b12, clause 1, Article 9 of the Corporate Income Tax Law include:
a) Decision of the Prime Minister or regulation of the Government on the establishment of the fund;
b) Minutes confirming the company's contribution to the funds (if any).
13. The documentation for certain expenditures as stipulated in point c, clause 1, Article 9 of the Corporate Income Tax Law is regulated as follows:
a) For cases of purchasing agricultural, forestry, and aquatic products from producers or fishermen who sell them directly; purchasing handicrafts made from ropes, sedges, bamboo, reeds, leaves, rattan, straw, coconut shells, or recycled materials from agricultural products from handicraft producers who sell them directly; purchasing scrap materials from collectors; purchasing household goods and assets from individuals who sell them directly; purchasing goods and services from individuals or business households (excluding the cases mentioned above) with revenue below the value-added tax threshold, the dossier includes: Payment documents to the seller in accordance with the law on accounting, invoices, and supporting documents (for cases where the value of goods and services purchased on the same day by each household or individual is 05 million VND or more, payment must be made using non-cash methods); The list of purchased goods and services, in accordance with Form No. 02/TNDN issued with this Circular, must be signed and vouched for by the legal representative or authorized person of the enterprise;
b) For cases where the enterprise incurs expenses of VND 05 million or more due to the enterprise authorizing/assigning employees to directly purchase goods and services to serve the enterprise's production and business activities, and these expenses are paid by the employees using non-cash payment services, the documentation includes: Invoices and supporting documents as prescribed by law on accounting, invoices, and supporting documents; financial regulations or internal regulations or decisions of the enterprise stipulating the authorization or permission for employees to pay for the purchase of goods and services to serve the enterprise's production and business activities; non-cash payment documents of the employee when purchasing goods and services under authorization from the enterprise; non-cash payment documents of the enterprise reimbursing the employee;
c) For purchases of goods and services with a value of 05 million VND or more per transaction, if the enterprise has not yet paid at the time of recording the expense, the enterprise may include it as a deductible expense when determining taxable income, provided there is a contract for the purchase of goods and services, a handover record of goods and services, and the enterprise has non-cash payment documents when making the payment;
d) In the case of a business leasing assets from an individual, the documents required to determine deductible expenses are the asset lease contract and proof of payment for the lease.
In cases where a business leases assets from an individual and the lease agreement stipulates that the rental fee excludes taxes (value-added tax, personal income tax), and the business is obligated to pay these taxes on behalf of the individual according to tax management regulations, the business is allowed to deduct the portion of the taxes paid on behalf of that individual as a deductible expense if it has proof of tax payment.
14. The documentation for expenses deductible under this Article shall be the original, a certified copy, a copy bearing the company's seal, or an electronic document as prescribed by law.
15. Enterprises are responsible for maintaining and providing complete records related to the expenses mentioned in this Article to facilitate inspections, audits, and other cases as prescribed by law. In cases where records related to national defense and security tasks and activities as specified in Clause 1 of this Article are maintained and provided, compliance with the law on the protection of state secrets must be ensured.
Article 4. Documents required for tax incentives as stipulated in Articles 4, 13, 14, and 15 of the Corporate Income Tax Law.
1. The procedures and documents for tax exemption, tax reduction, preferential tax rates, and the duration of tax exemption and reduction shall be implemented in accordance with the provisions of the law on tax administration.
2. Businesses determine the conditions for tax exemption, tax reduction, preferential tax rates, tax exemption/reduction periods, and the amount of losses deductible from taxable income for tax declaration and settlement with the tax authorities.
3. In cases where inspections and audits reveal and conclude that an enterprise does not meet the conditions for applying tax exemptions, tax reductions, tax incentives, preferential tax rates, or periods of tax exemption or reduction, the competent authority shall collect back taxes, calculate late payment penalties, and impose tax fines in accordance with the law.
Article 5. Time of determining taxable revenue for corporate income tax in certain cases stipulated in point c, clause 2, Article 8 and clause 3, Article 12 of Decree No. 320/2025/ND-CP
1. The time of determining taxable revenue for corporate income tax purposes in certain cases for businesses established under Vietnamese law is as follows:
a) For exported goods, the time of determining taxable revenue for corporate income tax purposes is the date of transfer of ownership according to the export contract. If the date of transfer of ownership cannot be determined, the time of determining taxable revenue for corporate income tax purposes shall be based on the provisions of customs law regarding the basis for determining exported goods;
b) For air transport activities, the time of determining taxable revenue for corporate income tax purposes is the time when the transportation service is completed for the buyer;
c) For construction and installation activities (including shipbuilding), the time of determining taxable revenue for corporate income tax purposes is the time of acceptance of the project, project item, or construction and installation volume, regardless of whether payment has been received or not;
d) For electricity and water supply activities, the time of determining taxable revenue for corporate income tax purposes is the date of confirmation of electricity and water meter readings recorded on the electricity and water bills.
2. The time of determining taxable revenue for corporate income tax purposes in certain cases for foreign enterprises is as follows:
a) For capital transfer activities, the time of determining taxable revenue for corporate income tax purposes is the time when the original capital transfer contract takes effect as prescribed;
b) For the transfer of securities and certificates of deposit, the time of determining taxable revenue for corporate income tax purposes is the time of transfer;
c) For the transfer of derivative securities in the form of futures contracts, the time of determining taxable income for corporate income tax purposes is the time when the buy or sell order of the futures contract is matched on the stock exchange's trading system or the time when the futures contract expires.
Article 6. Documents for declaring and paying taxes by Vietnamese enterprises investing abroad on income from investment projects abroad as stipulated in Clause 2, Article 12 of Decree No. 320/2025/ND-CP
The tax declaration and payment procedures for Vietnamese enterprises investing abroad regarding income from overseas investment projects shall comply with the regulations stipulated in Circular No. 80/2021/TT-BTC dated September 29, 2021, issued by the Minister of Finance, guiding the implementation of certain provisions of the Law on Tax Administration, and Decree No. 126/2020/NĐ-CP dated October 19, 2020, of the Government detailing certain provisions of the Law on Tax Administration, and any amending or supplementary documents (if any).
Article 7. Corporate income tax for foreign enterprises operating in Vietnam as stipulated in Article 2, Clause 4 of Article 3 and Clause 3 of Article 12 of Decree No. 320/2025/ND-CP
1. The provisions of this Article apply to foreign enterprises specified in points b2, b3 and b4 of Clause 1, Article 2 of Decree No. 320/2025/ND-CP (except for the cases specified in Clause 2 of this Article) in the following cases:
a) Foreign enterprises with or without a permanent establishment in Vietnam, including enterprises engaged in e-commerce or digital platform-based business activities (hereinafter collectively referred to as foreign contractors, foreign subcontractors) conducting business in Vietnam or generating income in Vietnam based on contracts, agreements, or commitments between the foreign contractor and Vietnamese organizations or individuals, or between the foreign contractor and foreign subcontractors to perform a part of the contractor's contract work;
b) Foreign contractors and foreign subcontractors providing services, providing services associated with goods, supplying and distributing goods (including cases where they authorize or hire Vietnamese organizations or individuals to perform part of the distribution service or other services related to the sale of goods in Vietnam) in the form of on-the-spot export and import or according to international trade terms (Incoterms), except for processing and returning goods to foreign enterprises that outsourced the processing; providing goods and services in Vietnam through e-commerce and digital platform business models.
For the supply and distribution of goods in Vietnam as stipulated in this point, it applies when the foreign contractor or foreign subcontractor remains the owner of the goods delivered to Vietnamese organizations or individuals, or is responsible for the costs of distribution, advertising, marketing, service quality, and quality of goods delivered to Vietnamese organizations or individuals, or sets the selling price of the goods or the price of the services provided;
c) Foreign contractors and foreign subcontractors supplying goods in the form of delivery points located within the territory of Vietnam (except as stipulated in Clause 2 of this Article) or supplying goods accompanied by certain services performed in Vietnam such as advertising services, marketing, trade promotion activities, after-sales services, installation, commissioning, warranty, maintenance, replacement and other services accompanying the supply of goods (including cases where the accompanying services are free of charge), whether or not the provision of the above-mentioned services is included in the value of the goods supply contract;
d) Foreign contractors and foreign subcontractors negotiate and sign contracts in the name of foreign enterprises through Vietnamese organizations or individuals;
d) Foreign contractors and foreign subcontractors exercise the right to export, import, and distribute goods in the Vietnamese market, purchase goods for export, and sell goods to Vietnamese traders in accordance with the law on commerce and the law on foreign trade management.
2. The provisions of this Article do not apply to the following cases:
a) Foreign contractors and foreign subcontractors supplying goods to Vietnamese organizations and individuals without accompanying services performed in Vietnam, in the form of delivery at a foreign border gate, where the seller bears all responsibility, costs, and risks related to exporting and delivering goods at the foreign border gate; the buyer bears all responsibility, costs, and risks related to receiving and transporting goods from the foreign border gate to Vietnam (including cases where delivery at the foreign border gate includes a warranty clause which is the responsibility and obligation of the seller);
b) Foreign contractors and foreign subcontractors supplying goods to Vietnamese organizations and individuals without accompanying services performed in Vietnam, in the form of delivery at Vietnamese border gates, where the seller bears all responsibility, costs, and risks related to the goods until the point of delivery at the Vietnamese border gate; the buyer bears all responsibility, costs, and risks related to receiving and transporting the goods from the Vietnamese border gate (including cases where delivery at the Vietnamese border gate includes a warranty clause which is the responsibility and obligation of the seller);
c) Foreign contractors and foreign subcontractors providing repair services (with or without accompanying materials and replacement equipment) for transport vehicles, machinery, and equipment (including submarine cables and transmission equipment) to Vietnamese organizations and individuals where these services are performed abroad;
d) Foreign contractors and foreign subcontractors providing advertising and marketing services (excluding internet advertising and marketing) to Vietnamese organizations and individuals, where these services are performed abroad;
d) Foreign contractors and foreign subcontractors providing investment and trade promotion services (excluding investment and trade promotion on the internet) to Vietnamese organizations and individuals, where these services are performed abroad;
e) Foreign contractors and foreign subcontractors providing brokerage services (excluding internet brokerage) for the sale of goods or brokerage services to Vietnamese organizations and individuals abroad, where these services are performed overseas;
g) Foreign contractors and foreign subcontractors providing training services (excluding online training) to Vietnamese organizations and individuals, where these services are performed abroad;
h) Foreign contractors and foreign subcontractors are entitled to share (pay) the international telecommunications service fees between Vietnam and foreign countries, or to lease transmission lines and satellite bandwidth from foreign countries in accordance with the Law on Telecommunications and its amendments (if any), international telecommunications treaties to which the Socialist Republic of Vietnam is a signatory, and these services are performed outside Vietnam;
i) Foreign contractors and foreign subcontractors are entitled to share the postal service fees (payment fees) for international postal services between Vietnam and foreign countries in accordance with the Law on Posts and its amendments and supplements (if any), international postal treaties to which the Socialist Republic of Vietnam is a signatory, and for these services performed outside Vietnam;
k) Foreign contractors and foreign subcontractors using bonded warehouses and inland container depots (ICDs) as warehouses to support international transport, transit, transshipment, storage of goods, or for processing by other enterprises;
l) Foreign contractors and foreign subcontractors providing services other than those mentioned in points c, d, e, g, h, and i of this clause to Vietnamese organizations and individuals, where the provision of these services is carried out abroad and not consumed in Vietnam;
m) Foreign enterprises transferring capital in the form of ownership restructuring transactions of companies within the group that do not change the ultimate parent company of the participating parties with direct or indirect ownership of the enterprise in Vietnam after restructuring and do not generate income, including cases such as: company division or separation; company consolidation; company merger; share swap; capital contribution in the form of shares; profit distribution, dividend distribution in the form of shares within the group and transactions transferring direct or indirect ownership of enterprises in Vietnam.
The transfer of capital in the form of ownership restructuring transactions between companies within a group, which does not change the ultimate parent company of the participating parties with direct or indirect ownership of the business in Vietnam, is considered to have no income generated when simultaneously meeting the following conditions: It does not change the ultimate beneficial owner; the transfer value is not recorded higher than the book value or the initial capital contribution value; the transaction does not create a difference in value, and the value determined according to the restructuring plan approved by the competent authority is not higher than the value recorded at the time of capital transfer; the transferee inherits the entire capital value, obligations, and rights related to the investment of the transferor;
n) Foreign enterprises selling goods that are raw materials, supplies, and components at bonded warehouses or free trade zones for import into Vietnam to serve the production of export goods or processing of export goods under contract; foreign enterprises designating export processing enterprises to deliver goods that are raw materials, supplies, and components to other export processing enterprises to serve the production of export goods or processing of export goods under contract as stipulated in point b, clause 3, Article 12 of Decree No. 320/2025/ND-CP.
3. The method for determining the amount of corporate income tax payable is as follows:
The amount of corporate income tax payable by foreign contractors and foreign subcontractors is determined based on taxable revenue and a percentage of taxable revenue. Specifically, as follows:
In this context, taxable revenue for corporate income tax purposes is the total revenue received by the foreign contractor or foreign subcontractor, before deducting any taxes payable. Taxable revenue for corporate income tax purposes also includes any expenses paid by the Vietnamese party on behalf of the foreign contractor or foreign subcontractor (if any).
4. Taxable revenue for corporate income tax purposes in certain specific cases is determined as follows:
a) In cases where, according to the contractor's contract or subcontractor's contract, the revenue received by the foreign contractor or foreign subcontractor does not include corporate income tax payable, the taxable revenue for corporate income tax purposes shall be determined according to the following formula:
b) In cases where the contract or contract addendum assigns a portion of the work or a portion of the work item to a subcontractor, the taxable income of the foreign contractor for corporate income tax purposes does not include the value of the work or item performed by the subcontractor based on the subcontract agreement signed between the foreign contractor and the subcontractor. The subcontractors specified in this point are determined according to the list of subcontractors stipulated in the contract or contract addendum signed between the foreign contractor and the Vietnamese party before the subcontractor performs the assigned portion of the work or item.
In cases where a foreign contractor signs contracts with suppliers in Vietnam to purchase raw materials, machinery, and equipment for the execution of the contractor's contract, and goods and services for internal consumption or for purposes not included in the items or work performed by the foreign contractor under the contractor's contract, the value of these goods and services shall not be deductible when determining the taxable revenue for corporate income tax purposes of the foreign contractor.
c) In cases where a foreign contractor signs a contract with a foreign subcontractor, the Vietnamese party shall declare and pay corporate income tax on behalf of the foreign contractor or foreign subcontractor at a percentage rate on the taxable revenue corresponding to the business sector or profession that the foreign contractor or foreign subcontractor performs under the contractor contract or subcontractor contract. The foreign subcontractor is not required to declare and pay corporate income tax on the value of the work performed by the foreign subcontractor as stipulated in the subcontractor contract signed with the foreign contractor, for which the Vietnamese party has already declared and paid on their behalf;
d) For machinery, equipment, and transportation vehicle rental services, the taxable revenue for corporate income tax purposes is the entire rental fee. However, if the rental revenue includes expenses directly paid by the lessor, such as vehicle insurance, maintenance, registration certificates, operator fees, and transportation costs from abroad to Vietnam, then these expenses are excluded from the taxable revenue if there is actual documentation to prove them.
d) For transportation services of foreign airlines, the taxable revenue for corporate income tax purposes is the revenue from the sale of passenger tickets, air waybills, and other revenues (excluding revenues collected on behalf of the State or organizations as prescribed by law) in Vietnam for the transportation of passengers, goods, and other transported items carried out on flights of the airline itself or its joint ventures;
e) For transportation services provided by foreign shipping companies, taxable income for corporate income tax purposes is the total freight charges received from passenger transportation, cargo transportation, and other surcharges earned by the shipping company from the loading port in Vietnam to the final unloading port (including freight charges for shipments transshipped through intermediate ports) and/or freight charges received for transporting goods between Vietnamese ports.
The freight charges used as the basis for calculating corporate income tax do not include freight charges already subject to corporate income tax at Vietnamese ports for foreign ship owners and freight charges paid to Vietnamese transport companies for participating in transporting goods from Vietnamese ports to an intermediate port;
g) For international freight forwarding and warehousing services from Vietnam to foreign countries (regardless of whether the sender or receiver pays for the service), the taxable revenue for corporate income tax purposes is the total revenue received by the foreign contractor, excluding international freight charges payable to the carrier (air or sea).
h) For international delivery services from Vietnam to foreign countries (regardless of whether the sender or recipient pays for the service), the taxable revenue for corporate income tax purposes is the entire revenue received by the foreign contractor;
i) For overseas reinsurance cession activities, the taxable income for corporate income tax purposes is the amount of overseas reinsurance cession fees, reinsurance cession commissions, and other income arising from reinsurance cession activities received by the foreign contractor. For overseas reinsurance acceptance activities, the taxable income for corporate income tax purposes is the reinsurance acceptance fees and other income arising from reinsurance acceptance activities according to the confirmed reinsurance payment received by the foreign contractor;
k) For the transfer of securities and certificates of deposit, the taxable revenue for corporate income tax purposes is the total revenue from the sale of securities and certificates of deposit. For the transfer of derivative securities in the form of futures contracts, the taxable revenue for corporate income tax purposes is the transfer price of each futures contract. The transfer price of each futures contract is determined by multiplying the settlement price of the futures contract at the time of determining taxable revenue by the contract multiplier, then by the number of contracts, then by the initial margin ratio, and finally by 2 (the initial margin ratio is announced by the Vietnam Securities Depository and Clearing Corporation as per regulations).
l) Regarding interest on loans, taxable income for corporate income tax purposes is the total amount received by the lender from loans in any form, whether or not the loan is secured by collateral, and whether or not the lender receives interest from the borrower; income from interest on deposits (excluding interest on deposits of foreign individuals and interest on deposits arising from deposit accounts for maintaining operations in Vietnam of diplomatic missions, representative offices of international organizations, and non-governmental organizations in Vietnam), including any bonuses accompanying interest on deposits (if any); income from late payment interest as stipulated in contracts; income from interest on bonds, bond price discounts (excluding tax-exempt bonds), treasury bills; and income from interest on certificates of deposit. Interest on loans includes all fees that the Vietnamese party must pay as stipulated in the contract.
5. Percentage of revenue subject to corporate income tax:
a) The percentage of revenue subject to corporate income tax applicable to foreign enterprises operating in Vietnam shall be implemented in accordance with the provisions of Clause 3, Article 12 of Decree No. 320/2025/ND-CP;
b) In cases where a contractor contract or subcontractor contract includes multiple different business activities, the application of a percentage of taxable revenue for corporate income tax purposes when determining the amount of corporate income tax payable shall be based on the taxable revenue for each business activity performed by the foreign contractor or foreign subcontractor as stipulated in the contract. If the value of each business activity cannot be separated, the percentage of taxable revenue for the business sector with the highest percentage of taxable revenue shall be applied to the entire contract value.
Specifically for construction activities that include the supply of materials or machinery and equipment accompanying the construction project: If the contractor's contract separately specifies the value of each business activity, then each part of the work value under the contract will be subject to a percentage of the taxable revenue corresponding to that business activity. If the contractor's contract does not separately specify the value of each business activity, then the percentage of the taxable revenue for corporate income tax purposes is 2% of the entire contract value. In the case where a foreign contractor signs a contract with a subcontractor to subcontract all parts of the work or items that include the supply of materials or machinery and equipment, and the foreign contractor only performs the remaining services under the contractor's contract, then the percentage of the taxable revenue for corporate income tax purposes will be applied to the service industry (5%).
c) In the case of a contract for the supply of machinery and equipment that includes services performed in Vietnam, if the value of the machinery and equipment and the value of the services can be separated, the tax will be calculated at a percentage of the taxable corporate income for each part of the contract value. If the contract does not separately specify the value of the machinery and equipment and the value of the services, a tax rate of 2% on the taxable corporate income will apply.
Article 8. Registration of investment capital for implementing expansion investment projects of enterprises as stipulated in Article 20 of Decree No. 320/2025/ND-CP
1. When implementing an expansion investment project, the enterprise must send a written notice to the directly managing tax authority at the same time as submitting the Corporate Income Tax Final Settlement Declaration, no later than the year of implementation of the expansion investment project, to inform them of the registered investment capital of the expansion investment project.
2. During the implementation of the investment expansion project, if the enterprise changes the registered investment capital, it must notify the tax authorities.
Article 9. Tax obligations in cases where fixed assets formed from the enterprise's Science and Technology Development Fund for scientific and technological research activities have not yet been fully depreciated and are transferred by the enterprise to its production and business activities, and the form for reporting the establishment and use of the enterprise's Science and Technology Development Fund as stipulated in Clause 4, Article 22 of Decree No. 320/2025/ND-CP.
1. In cases where fixed assets, formed from the enterprise's Science and Technology Development Fund to serve scientific and technological research activities, have not yet been fully depreciated and are transferred to the enterprise's production and business activities, the remaining value of the fixed assets is included in other income, and the remaining value of those fixed assets is subject to depreciation and included in deductible expenses when determining taxable corporate income.
2. Enterprises shall prepare a Report on the Establishment and Use of the Science and Technology Development Fund according to Form No. 03-6/TNDN, Appendix II, issued together with Circular No. 80/2021/TT-BTC dated September 29, 2021, of the Minister of Finance guiding the implementation of a number of articles of the Law on Tax Administration and Decree No. 126/2020/NĐ-CP dated October 19, 2020, of the Government detailing a number of articles of the Law on Tax Administration and any amending and supplementing documents (if any).
Article 10. Enforcement
1. This Circular shall take effect from March 12, 2026 and shall apply from the 2025 tax year.
2. For deductible expenses incurred before the effective date of this Circular, as stipulated in Circular No. 96/2015/TT-BTC dated June 22, 2015, of the Minister of Finance guiding corporate income tax under Decree No. 12/2015/ND-CP dated February 12, 2015, of the Government detailing the implementation of the Law amending and supplementing a number of articles of the Laws on taxation and amending and supplementing a number of articles of the Decrees on taxation and amending and supplementing a number of articles of Circular No. 78/2014/TT-BTC dated June 18, 2014, Circular No. 119/2014/TT-BTC dated August 25, 2014, and Circular No. 151/2014/TT-BTC dated October 10, 2014, of the Ministry of Finance (hereinafter referred to) (referred to as Circular No. 96/2015/TT-BTC) has specifically stipulated the conditions and documents to be implemented according to the regulations in Circular No. 96/2015/TT-BTC for the tax period of 2025.
For deductible expenses when calculating corporate income tax as stipulated in Article 3 of this Circular, which are not specifically regulated in Circular No. 96/2015/TT-BTC, the required documentation for the 2025 tax year includes invoices and supporting documents as prescribed by law (in which, for depreciation or amortization expenses for leased assets during the period without tenants, documentation proving the enterprise's legal ownership and right to use the asset must be provided).
3. The regulations on non-cash payment documents and regulations on capital transfer in this Circular shall apply from the date Decree No. 320/2025/ND-CP comes into effect.
4. In cases where contractor contracts and subcontractor contracts are applying the mixed method as stipulated in Circular No. 103/2014/TT-BTC dated August 6, 2014, of the Minister of Finance guiding the implementation of tax obligations applicable to foreign organizations and individuals doing business in Vietnam or having income arising in Vietnam, and were signed before the effective date of this Circular, the determination of corporate income tax obligations shall continue to be carried out as prescribed in the legal documents in effect at the time of signing the contract.
5. In case the legal documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall be followed.
6. This Circular replaces:
a) Circular No. 78/2014/TT-BTC dated June 18, 2014, issued by the Minister of Finance, guiding the implementation of Decree No. 218/2013/ND-CP dated December 26, 2013, of the Government, stipulating and guiding the implementation of the Corporate Income Tax Law;
b) Circular No. 96/2015/TT-BTC dated June 22, 2015, issued by the Minister of Finance, providing guidance on corporate income tax under Decree No. 12/2015/ND-CP dated February 12, 2015, of the Government, which details the implementation of the Law amending and supplementing a number of articles of the Laws on taxation and amending and supplementing a number of articles of the Decrees on taxation, and amending and supplementing a number of articles of Circular No. 78/2014/TT-BTC dated June 18, 2014, Circular No. 119/2014/TT-BTC dated August 25, 2014, and Circular No. 151/2014/TT-BTC dated October 10, 2014, of the Ministry of Finance.
7. This Circular repeals the regulations related to corporate income tax policy at:
a) Articles 1, 2, 7, 10, 13 (except point b.11, clause 1, Article 13) and Article 16 of Circular No. 103/2014/TT-BTC dated August 6, 2014, issued by the Minister of Finance, guiding the implementation of tax obligations applicable to foreign organizations and individuals doing business in Vietnam or having income arising in Vietnam;
b) Article 6 of Circular No. 119/2014/TT-BTC dated August 25, 2014, of the Minister of Finance amending and supplementing a number of articles of Circular No. 156/2013/TT-BTC dated November 6, 2013, Circular No. 111/2013/TT-BTC dated August 15, 2013, Circular No. 219/2013/TT-BTC dated December 31, 2013, Circular No. 08/2013/TT-BTC dated January 10, 2013, Circular No. 85/2011/TT-BTC dated June 17, 2011, Circular No. 39/2014/TT-BTC dated March 31, 2014, and Circular No. 78/2014/TT-BTC dated Decision of the Ministry of Finance dated June 18, 2014, on reforming and simplifying administrative procedures related to taxation;
c) Chapter I of Circular No. 151/2014/TT-BTC dated October 10, 2014, issued by the Minister of Finance, guiding the implementation of Decree No. 91/2014/ND-CP dated October 1, 2014, of the Government on amending and supplementing a number of articles in the Decrees regulating taxes;
d) Article 5 of Circular No. 130/2016/TT-BTC dated August 12, 2016, issued by the Minister of Finance, guiding Decree No. 100/2016/ND-CP dated July 1, 2016, of the Government, which provides detailed regulations for the implementation of the Law amending and supplementing a number of articles of the Law on Value Added Tax, the Law on Special Consumption Tax, and the Law on Tax Administration, and amending a number of articles in tax circulars;
d) Article 3 of Circular No. 25/2018/TT-BTC dated March 16, 2018, issued by the Minister of Finance, guiding Government Decree No. 146/2017/ND-CP dated December 15, 2017, and amending and supplementing a number of articles of Circular No. 78/2014/TT-BTC dated June 18, 2014, issued by the Minister of Finance, and Circular No. 111/2013/TT-BTC dated August 15, 2013, issued by the Minister of Finance;
e) Article 2, Clause 5 of Article 3, Article 4, Clause 3 of Article 5 of Circular No. 67/2022/TT-BTC dated November 7, 2022, issued by the Minister of Finance, guiding tax obligations when enterprises establish and use the Enterprise Science and Technology Development Fund;
g) Article 4 of Circular No. 83/2016/TT-BTC dated June 17, 2016, issued by the Minister of Finance, guiding the implementation of investment incentives as prescribed by the Investment Law and Decree No. 118/2015/NĐ-CP dated November 12, 2015, of the Government detailing and guiding the implementation of a number of articles of the Investment Law;
h) Article 4 of Circular No. 128/2011/TT-BTC dated September 12, 2011 of the Ministry of Finance guiding value added tax and corporate income tax for public medical facilities./.
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Form No.: 01/TNDN |
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SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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FUNDING CONFIRMATION RECORD
We consist of:
Company Name (Sponsor):
Address:… Phone number:…
Tax code:
Name of agency, organization, or individual (Recipient of funding; agency/organization responsible for fundraising):
Address: Phone number:
Tax identification number (if any):
We confirm that (Name of Sponsor) has provided funding to (Recipient; organization/agency responsible for fundraising) for the following purposes:
– Funding for education, healthcare, and culture □.
– Preventing, combating, and mitigating the consequences of natural disasters and epidemics □.
– Building solidarity houses, houses of compassion, and houses for policy beneficiaries as prescribed by law □.
– Funding as stipulated by the Government and the Prime Minister for localities in areas with particularly difficult socio-economic conditions □.
– Funding for scientific research, technological development and innovation, and digital transformation □.
With a total grant value of …………..
By money: ……………
Items: ………………. Value in VND: ……………….
The securities are valued at ……………. in VND …………………….
(along with other relevant supporting documents for the grant).
(Name of the grant recipient; agency/organization responsible for fundraising) commits to using the grant for its intended purpose. In case of misuse, the undersigned grant recipient will be held legally responsible.
This record was made at … at … on … day … month … year … and is made in … identical copies, with each party keeping … copy.
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Form No.: 02/TNDN |
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STATEMENT OF GOODS AND SERVICES PURCHASED
NO RECEIPT
(Date ………. month ……… year ………….)
– Business name: …………………………………………………………………………
– Tax identification number: ………………………………………………………………………………….
- Address: ……………………………………………………………………………………….
- Phone number: ……………………………………………………………………………….
– Address of the purchasing location: ………………………………………………………………
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Date of purchase |
Seller |
Goods and services purchased |
Note |
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Seller's name |
Address: |
ID number |
Phone number (if available) |
Name of goods or services |
Quantity, weight |
Unit price |
Total payment |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
– Total value of goods and services purchased: ……………… (Amount in words:…).
Note:
– Based on the actual quantity of goods and services purchased by the business from sellers without invoices, a declaration form should be prepared in chronological order of purchase. The business must fill in all the required information on the form and compile the declaration form monthly.
– For businesses with purchasing stations located in multiple places, each purchasing station must create a separate list. The business then compiles a single consolidated list of all stations.