Official letter No. 32/TCT-KK dated January 6th, 2023 of the General Department of Taxation regarding tax registration

According to point c clause 2 Article 14 of Circular No. 78/2014/TT-BTC , in case both capital transferor and capital transferee are foreign organizations (foreign contractors), the enterprise in which the foreign contractors invested capital shall take responsibility for declaring and paying payable enterprise income tax on behalf of the foreign contractors.

Based on this regulation, the General Department of Taxation assumes that when a foreign contractor earns incomes from capital transfer in Vietnam, the tax payment shall be carried out by the Vietnamese party and the foreign contractor does not belong to the entities eligible for issuance of taxpayer identification number (TIN) for tax declaration and payment according to the regulations at Circular No. 105/2020/TT-BTC .