Accordingly, in case a company is executing a project with an investment registration certificate, upon transformation from a foreign invested enterprise into a domestic enterprise, it is required to carry out procedures for change of investor.
If an FDI enterprise imports goods to execute investment projects, it shall carry out according to the regulations at the Law on investment No. 67/2014/QH13 and Decree No. 118/2015/ND-CP.
If an FDI enterprise imports goods for business and production purposes, it shall carry out according to the regulations of the Law on foreign trade management No. 05/2017/QH14 and Decree No. 09/2018/ND-CP.
Upon importing goods under the importation right, the Company shall use customs procedure code A41 - Import for business.
Upon exporting goods under the exportation right, if the exported goods are not derived from the import, the company shall use code B11 - Export for sale; if exporting imported goods, the company shall use code B13 - Export of imported goods.
Dossier of, procedure for duty refund with regard to goods re-sold to EPEs, enterprises in non-tariff zones shall be carried out according to Clause 2 Article 34 of Decree No. 134/2016/ND-CP and Clause 63 Article 1 of Circular No. 39/2018/TT-BTC.
In case the individual has paid tax on the dividends at the foreign country and is entitled to deduct the already – paid tax from tax payable in Vietnam, the amount of tax to be deducted must not exceed the tax payable in Vietnam.
According to opinions of the Ministry of Natural Resources and Environment, if land value has been capitalized before a domestic enterprise becomes an FDI enterprise and the land is allocated by the State with the collection of land use levy, leased with full one-off rental payment for the entire lease period, the company is allowed to transfer both land use rights and land-attached assets under its ownership (Article 183 of the Land Law).
Hoverer, if the land is leased by the State with annual rental payment, the company may only transfer its assets attached to the leased land rather than being allowable to transfer the land (Article 189 of the Land Law).
If the land value has not been capitalized before a domestic enterprise becomes an FDI enterprise, it is only allowable to perform rights and obligations of a land user under the capital contribution contract already concluded upon the establishment of the company.
However, according to Clause 2 Article 4 of Decree No. 09/2018/ND-CP, when the FDI enterprise performs the importation and export rights, apart from complying with this Decree, it also has to comply with relevant laws and regulations.
Accordingly, if the FDI enterprise wishes to perform the right to import pharmaceutical products, it has to comply with Decree No. 09/2018/ND-CP and regulations on specialized management regulated at the Law on Pharmacy and Decree No. 54/2017/ND-CP.
Customs procedures shall be carried out according to Article 48 of Decree No. 08/2015/ND-CP (which has been amended, supplemented at Clause 21 Article 1 of Decree No. 59/2018/ND-CP).
Particularly, the custom dossier is not required a written acceptance to receive back the goods of the foreign goods owner (except for the case of exporting the goods to return the seller of such consignment).
Customs procedure code of the form of re-export of intact goods is B13 - export of already - imported goods.
Accordingly, FDI enterprises to which the capital contribution of foreign side exceeds the aforesaid committed levels are not permitted to engage in transport business, thereby they may not apply for issuance of tokens for their trucks.
Accordingly, the notices on the profits remittance abroad shall be carried out according to the forms issued together with Circular No. 186/2010/TT-BTC and on which specifying the amount of profit remitted abroad every year (in case profits accumulated for many years are transferred aboard).
The foreign investors shall themselves determine the amount of profits remitted abroad in accordance with the regulations of Circular No. 186/2010/TT-BTC.
Time for remitting profits abroad is at least 7 working days after the notice on the profits remittance abroad has been sent to direct managing tax office.
At the same time, if such foreign traders wish to pay withholding tax directly at tax authorities in Vietnam after they are issued with the Certificate of registration of right to export/import, they have to apply for 10-digit TINs in accordance with Clause 3 Article 7 of Circular No. 95/2016/TT-BTC.
The declaration and payment of withholding tax by using the combined method shall be carried out according to the guidelines in Official letter No. 4431/TCT-KK dated September 23rd, 2016.