Outstanding policies effective from January 2022

10/01/2022 11:02 AM


Increasing pension, social insurance allowance; Issuance of bank cards by electronic means; New guidance on fulfilling tax declaration obligations under the Tax Administration Law is one of the prominent new policies that will take effect in January 2022.

Increase pension, social insurance benefits

- From January 1, 2022, pension, social insurance allowance and monthly allowance of December 2021 will be adjusted to increase by 7.4% for the subjects specified in Clause 1, Article 1 of this Decree.

From January 1, 2022, pension and social insurance allowance will be increased by 7.4%.

- From January 1, 2022, additional adjustments will be made to the subjects specified in Clause 2, Article 1 of this Decree, specifically as follows: An additional 200,000 VND/person/month for those with a level of pension, social insurance allowance, monthly allowance of 2,300,000 VND/person/month or less; increase to 2,500,000 VND/person/month for those with pension, social insurance allowance, monthly allowance from 2,300,000 VND/person/month to less than 2,500,000 VND/person/month.

Changing the method to calculate PIT and VAT for business households and individuals:

- For individuals who lease properties that only have property leasing activities and the rental period is not for a whole year, if they generate rental revenue of 100 million VND/year or less, they are not required to pay VAT or PIT. In case the lessee pays rent in advance for many years, the level of revenue to determine whether an individual is taxable or not is the one-time payment amortized according to the calendar year.

- Households that have been notified by the tax authority of the amount of flat tax payable from the beginning of the year, shall pay tax according to the notice. In case the contracted household has been notified of the tax amount from the beginning of the year but in the year it stops or suspends business, the tax authority shall adjust the payable tax amount. In case the contracted household has just started doing business in the year (for less than 12 months in the calendar year), the contracted household is liable to pay VAT and must pay PIT if the business turnover in the year is over 100 million VND; or are not subject to VAT or PIT if they have a business turnover of 100 million VND or less in the year.

Online trial allowed

Accordingly, an online trial is a trial held in a courtroom, using electronic devices connected through the network environment, allowing the accused, victims, litigants and other participants at a location outside the courtroom decided by the Court, but still ensure to directly monitor full image, sound and participate in the order and proceedings of the trial by word of mouth and conduct proceedings continuously, publicly, and simultaneously.

And for first-instance trial, appellate trial of criminal, civil and administrative cases with simple circumstances and nature; documents and evidences in the case file are clear, except for the following cases:

- Criminal, civil and administrative cases related to state secrets;

- A criminal case for one of the crimes of infringing upon national security specified in 13th Chapter of the Penal Code;

- A criminal case for one of the crimes of undermining the peace, against humanity and war crimes specified in 26th Chapter of the Penal Code

New guidance on fulfilling tax declaration obligations under the Law on Tax Administration

The enactment has replaced a series of old regulations including:

- Circular 156/2013/TT-BTC dated November 6, 2013 guiding the Law on Tax Administration; Law amending and supplementing a number of articles of Law on Tax Administration and Decree 83/2013/ND-CP dated July 22nd, 2013.

- Circular 99/2016/TT-BTC dated June 29, 2016 guiding the management of value-added tax refund.

- Circular 31/2017/TT-BTC dated April 18th, 2017 amending Circular 99/2016/TT-BTC guiding the management of value-added tax refund.

- Circular 208/2015/TT-BTC dated December 28, 2015 on activities of tax advisory councils of communes, wards and townships.

- Circular 71/2020/TT-BTC dated May 7, 2010 providing guidance on tax assessment for car and motorcycle business establishments, recording the selling price of cars and motorbikes on invoices delivered to consumers lower than the normal transaction prices on the market.

- Circular 06/2017/TT-BTC dated January 20, 2017 amending Clause 1, Article 34a of Circular 156/2013/TT-BTC dated November 6, 2013.

- Circular 79/2017/TT-BTC dated August 1, 2017 amending Item b1 Point b, Clause 4, Article 48 of Circular 156/2013/TT-BTC dated November 6, 2013.

And new guidance on declaration and distribution of VAT and special consumption, personal income, etc.

New guidance on accounting regime applicable to business households and individuals

Accordingly, business households and individuals shall apply accounting vouchers according to the following list:

- Documents according to Circular 88/2021/TT-BTC include:

+ Receipt slip: Form No. 01-TT;

+ Payment slip: Form No. 02-TT;

New guidance on accounting regime applicable to business households and individuals.

+ Warehouse receipt: Form No. 03-VT;

+ Warehouse release note: Form No. 04-VT;

+ Table of payment of wages and other incomes of employees: Form No. 05-LDTL.

- Other documents prescribed by law:

+ Invoices;

+ Payment slip and state budget;

+ Debit note, Credit note of the bank;

+ Authorization.

Currently, accounting work at business households is still carried out according to the accounting regime issued in the 2000s (Decision 169/2000/QD-BTC dated October 25, 2000, Decision 131/2002/QD-BTC dated October 18, 2002).

Issuance of bank cards by electronic method

The cardholder can issue debit, credit, and prepaid cards for cardholders who are individuals by electronic means. Procedures for issuing cards of individuals by electronic method.

Based on the technological conditions applied when identifying and verifying customers for risk assessment, decision has been made to apply the transaction limit of customers opened electronically in Clause 2 of this Article, but must ensure the total limit transaction level (including cash withdrawal, transfer, payment) of a customer's debit or prepaid card or credit card does not exceed 100 (one hundred) million Vietnam dong in a month without withdrawal of cash in foreign countries and international payments.

Procedures for issuing personal cards by electronic method from January 2022.

The card issuer may decide to apply the transaction limit of the card opened by an electronic method higher than the limit specified in Clause 3 of this Article, and may withdraw foreign currency in cash, make international payments when implementing one of the following measures:

- The transaction agency applies technology to check and compare the customer's biometric characteristics with citizen biometric data through the citizen identification database;

- The card issuer applies a video call solution to collect, check and verify customer identification information during the card issuance process to ensure efficiency such as the process of identifying and verifying information about customer's information through face-to-face meetings. The video call solution must meet at least the following requirements: ensuring safety and security; high resolution; signal continuity; allowing audio and visual interaction with customers in real time to ensure real person identification; storing all audio data, images or video and audio recordings in the process of issuing cards to customers;

- After the cardholder has identified and verified customer information through face-to-face meetings, the cardholder is the individual.

VSS