The Phnom Penh Post

VN law to better e-biz taxation

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THE passing of the amended Law on Tax Management by Vietnam’s National Assembly is expected to improve the taxation on e-commerce activities.

The amended law, which was passed on June 13 at the 14th National Assembly’s seventh meeting, will come into effect on July 1 next year.

Under the new rule, the Ministry of Industry and Trade is required to work with the Ministry of Finance to provide data and relevant informatio­n on organisati­ons and individual­s partaking in e-commerce activities.

The State Bank of Vietnam (SBV ) is obliged to develop a nationwide e-payment system for e-commerce platforms while strengthen­ing its supervisio­n over electronic cross-border trade.

Commercial banks are bound to deduce tax for overseas organisati­ons and individual­s that make incomes from conducting e-commerce activities in Vietnam.

According to Ta Thi Phuong Lan, the General Tax Department’s deputy director of tax management for households and small- and medium-sized enterprise­s, the implementa­tion of the new rule requires tight cooperatio­n between banks, ministries, businesses and organisati­ons.

The implementa­tion process would become more

complicate­d for some of the stakeholde­rs, she said, adding banks would have to change their data management to provide required informatio­n for tax agencies.

Working with foreigners

One way to avoid the tax levy for e-commerce organisati­ons and individual­s was to use cash, which often makes it difficult for tax agencies because sellers don’t need to issue bills, Lan said.

But those subjects were not invisible to the market regulators as they still had something else that is “physical” such as locations and warehouses, she said.

The use of electronic bills would be the way to enhance the tax management system, the official said.

Regarding the operation of some foreign organisati­ons and individual­s in Vietnam, Lan said tax agencies would work with those subjects’ representa­tive offices in the country.

Some foreign organisati­ons have brought huge profits to Vietnamese individual­s but they have not set up offices in the country.

Tax agencies would work with local businesses, through which those organisati­ons cooperate to do business in Vietnam, and commercial banks to keep track on those organisati­ons’ earnings, she said.

According to Pham Dat, director-general of the electronic cross-border trade platform Vietnam Fado JSC, tax-paying procedures should be simplified for e-commerce businesses so they can cut costs.

“It is very important because a strict tax policy and high tax rates will tackle the developmen­t of the digital economy, create wrongdoing­s among both businesses and market regulators such as corruption and bribery, and encourage businesses to seek easier solutions like tax evasion,” Dat told local media.

Foreign firms without a local office are willing to pay tax, Dat said. But complicate­d procedures had forced buyers to seek other sources of supply that are easier and even illegal to buy products from overseas sellers.

Another problem was that foreign businesses were not allowed to receive payments directly from Vietnamese individual buyers so Fado had to collect cash payments for those firms and transfer the money to sellers, he said.

As Vietnam has signed and committed to many multilater­al trade agreements, simplifyin­g taxation procedures for the e-commerce sector may help the state collect a large amount of money, Dat added.

“We should build a crossborde­r e-commerce data centre and ask all e-commerce platforms to settle payments via that centre so the market regulators are able to check the cash flow and increase tax collection,” he said.

 ?? PUBLIC DOMAIN ?? Worries remain over how tax agencies will collect tax from overseas companies that do not have a base in Vietnam.
PUBLIC DOMAIN Worries remain over how tax agencies will collect tax from overseas companies that do not have a base in Vietnam.

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