On December 23rd, 2020, Hanoi Tax Department issued Official Letter No. 109323/CTHN-TTHT guiding tax policies for EPE during its FA liquidation as follows:
In terms of the implementation of Article 79 Circular No. 38/2015/TT-BTC, whenever the EPE sells assets domestically, the company must contact the domestic tax agency to issue 01 VAT invoice (in compliance with Article 13 Circular No. 39/2014/TT-BTC). The company uses the above retail VAT invoice to export and sell machines, equipment, transportations which are determined by the taxed payable VAT as specified the retail invoice of machines, equipment, transportations liquidation, this payable VAT amount shall minus the paid VAT amount at the importation stage when changing the repurposing.
In term of the implementation of Article 86 Circular No. 38/2015/TT-BTC, the company must send a written document specifying the liquidation, liquidation method, the quantity of liquidated goods to the Provincial Administration Department of Customs for EPE and make the declaration for the corresponding types, domestic enterprises shall implement the import procedures, make tax payment as regulated by the law. At the time of sale, liquidation into the domestic market, the goods export and import administration policies shall not be applied, unless the goods are not subjected to be under the management with specialized conditions, standards, and inspections; for license-based management goods, written consent from the licensing authority shall be required.
