Legal News

Guidance from the Directorate General of Taxation regarding attached documents for VAT refund application

2023/11/23

In the official letter dated November 7, 2023 on tax policy, the Directorate General of Taxation stated that regarding the documents to be attached when applying for VAT refund for investment projects, Circular No. 80/2021/TT-BTC (Circular No. 13/2023/ Based on Article 28, Paragraph 2 (amended by TT-BTC (hereinafter referred to as “Circular No. 80”)), in addition to the refund application form, the following documents must also be submitted.

①Copy of Investment Registration Certificate (IRC)
②If the construction cost of a factory etc. includes VAT, a copy of the land use right certificate, land transfer decision, or land lease contract and construction permit from the competent authority.
③Copy of proof of capital contribution in the articles of incorporation.
④In the case of an investment project related to a conditional business field, a copy of the business license or permit for the business concerned.
⑤List of invoices and vouchers for purchased goods and services (based on Form No. 01-1/HT of Circular No. 80, unless the taxpayer sends an electronic invoice to the Tax Bureau)

In addition, if a Vietnamese local company has an investment project, the establishment decision of the in-house project management department committee, the decision of the investment project owner to appoint an investment project manager, the branch office or the investment project management committee. When making a VAT refund, the internal regulations regarding the organization and operation of the branch or investment project management committee must also be submitted.

In this official letter, the Taxation Bureau clearly states that the VAT refund will not be approved unless all documents required in Article 28, Paragraph 2 of Circular 80 are submitted, so companies applying for it should keep this in mind.

Reference
Directorate General of Taxation Official Letter No.4981/TCT-CS dated November 7, 2023

*This article was translated by Yarakuzen.