Resolution of the thematic meeting on law making in April 2024

Prime Minister chairs Government meeting on law making in April 2024

The Resolution stated: In recent times, the Government and its members have been very active and have promoted a high sense of responsibility in leading and directing the work of law-making, thereby creating many positive changes in this work, promptly removing difficulties and obstacles for people and businesses and promoting the process of economic and social recovery and development of the country. Since the beginning of 2024, the Government has periodically organized monthly sessions on law-making to give opinions and approve many proposals for law-making and draft laws to be submitted to the National Assembly at the 7th Session, May 2024.

The Government requests that Ministers and Heads of ministerial-level agencies continue to focus resources on law-making to ensure the best quality of the draft laws submitted to the National Assembly at the 7th Session of the 15th National Assembly. Ministers and Heads of ministerial-level agencies assigned to preside over the preparation of proposals and drafts of legal documents focus on directing, closely following the Party's guidelines and policies, the State's policies and practical requirements, focusing on summarizing law enforcement, carefully assessing the impact of policies, strengthening policy communication, collecting opinions from experts and scientists , especially opinions from subjects directly affected by the documents to ensure consistency, synchronization, feasibility, publicity and transparency, creating favorable conditions for organizations and individuals in production and business activities and contributing to preventing corruption, negativity, group interests and localism in law-making.

At the Government's Special Session on Law-Making in April 2024, the Government discussed and commented on the draft Law on Value Added Tax (amended). This is a difficult and complicated draft Law with a wide range of subjects of application and scope of regulation, directly affecting the rights and interests of organizations, individuals, people and businesses.

The Government highly appreciates the Ministry of Finance in preparing and submitting to the Government the draft Law on Value Added Tax (amended); relevant ministries and agencies have actively contributed opinions and completed this Law project with a high sense of responsibility.

The Government agreed that it is necessary to urgently develop and complete the draft Law on Value Added Tax (amended) in order to fully institutionalize the Party's guidelines and policies on perfecting a comprehensive, unified, and stable legal framework for value added tax policies, ensuring compliance with practical requirements and removing difficulties and obstacles in the implementation of the current Law on Value Added Tax. The content of the draft Law is basically consistent with the policies in the proposal to develop the Law on Value Added Tax (amended) approved by the Government in Resolution No. 115/NQ-CP dated July 28, 2023 on the Special Session on Law Development in July 2023.

The Government assigned the Ministry of Finance to preside over and coordinate with relevant ministries and agencies to study and absorb as much as possible the opinions of Government members and opinions at the Government meeting; increase consultation with experts, scientists, associations, businesses and affected subjects to complete the draft Law dossier.

In particular, it is important to fully institutionalize the Party's guidelines and policies and the State's policies on perfecting the value-added tax policy in accordance with Vietnam's reality and international practices, ensuring transparency and harmonizing the State's interests with the interests of the people and businesses, while encouraging domestic production activities, exporting goods and services and promoting the three main driving forces contributing to economic growth: consumption, investment and export.

At the same time, supplement and thoroughly review legal documents related to the content of the draft Law, promptly detect and propose solutions to handle cases where there are conflicting, contradictory or overlapping contents between the provisions of current laws and the contents expected to be amended and supplemented in the draft Law, ensuring the consistency and unity of the legal system; explain in detail the amendments and supplements to each provision in the draft Law, clearly stating the content inheriting the provisions of the current Law on Value Added Tax, the new amended and supplemented contents in the draft Law ensuring the requirements on decentralization, delegation of powers and administrative procedure reform.

Research, review and legalize issues that have been applied stably, consistently and in accordance with the situation and practical requirements; for issues that are not yet highly stable or need to be adjusted during the implementation process to suit the reality and requirements of the country's socio-economic development, the regulations are of a principle nature and assigned to competent authorities for detailed regulations to ensure flexibility and proactive adjustment when necessary, such as: regulations on the level of revenue from sales of goods and services not subject to value added tax of business households and individuals; regulations on the value of non-cash payment documents for goods and services purchased one time...

Full review of goods not subject to value added tax

Regarding the regulations on subjects not subject to value added tax, the Ministry of Finance will study and absorb the opinions of Government members, fully review the goods, services/groups of goods and services that are not subject to value added tax to ensure consistency and synchronization with the provisions of relevant specialized laws in each field; if necessary, consider and supplement some types of goods and services that are not subject to value added tax to meet practical requirements, ensuring the true nature of goods and services that are not subject to value added tax.

Regarding the regulations on export services subject to the 0% tax rate, the Ministry of Finance continues to refer to international experience and evaluate implementation practices to study and prescribe criteria and principles for classifying and determining export services as a basis for regulating cases of export services subject to the 0% tax rate, ensuring fairness and the true nature of export services, while harmoniously combining state management requirements and the interests of enterprises in the export sector.

Carefully review regulations on cases and conditions for value added tax refund

Regarding the regulations on value-added tax refunds, the Ministry of Finance carefully reviews the regulations on cases and conditions for value-added tax refunds, ensuring they are reasonable, feasible, public, transparent, and convenient for people and businesses; studies the regulations on value-added tax refunds for cases of enterprises changing ownership, converting enterprises, merging, consolidating, dividing, separating, and ceasing operations to ensure feasibility; specifies and specifies the appropriate processes, procedures, and responsibilities of tax authorities, tax officers, and related agencies, organizations, and individuals, ensuring consistency and synchronization with legal regulations on tax management.

The Ministry of Finance shall preside over and coordinate with relevant ministries and agencies to urgently study and absorb the opinions of Government members; revise and complete the draft Law on Value Added Tax (amended) in accordance with the provisions of the Law on Promulgation of Legal Documents; and report to the Prime Minister before submitting it to the National Assembly at the 7th Session of the 15th National Assembly.

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