Transfer pricing in Vietnam

Transfer pricing in Vietnam at a glance

Regulation Type National regulations based on OECD
Are there specific transfer pricing regulations? Yes
Submission deadline N/A
Submission deadline upon request 30 days
Annual update required Yes
Official language requirements Vietnamese
Potential impact of penalties 20 percent of the adjustment

 

Vietnamese tax law

Rules for transfer pricing in Vietnam are based upon

  • General Department of Taxation Circular 66/2010/TT-BTC
  • Ministry of Finance Circular 201/2013/TT-BTC
  • Ministry of Finance Circular 156/2013/TT-BTC
  • Form 03-7/TNDN

OECD

Vietnam is not an OECD member, however, their latest transfer pricing regulations are based on the OECD Transfer Pricing Guidelines.

Methods

Accepted methods

Accepted methods are:

  • The comparable uncontrolled price method
  • the resale price method
  • the cost plus method
  • the comparable profits method
  • the profit split method

Priority of methods

Rules for transfer pricing in Vietnam do not specifically prescribe a priority of methods. The taxpayer must establish it is using the “best” method under the circumstances, including the reliability of supporting documentation.

Documentation requirements

Information that should be included in the documentation:

Rules for transfer pricing in Vietnam do not specify specific documentation requirements nor does it specify any guidance on a template of the documentation. However, the following areas should always be included in the documentation:

  • transactional description including the related party
  • product specifications
  • contractual terms
  • transfer pricing method adopted

Language

Rules for transfer pricing in Vietnam prescribe that all documentation must be provided for in Vietnamese.

Requirements to prepare documentation annually

Taxpayers must maintain contemporaneous documentation prepared in advance. This means that documentation should be prepared annually.

Submission deadline upon request by tax authorities

Upon request of the tax authorities a taxpayer must submit its transfer pricing documentation within 30 working days from the date of receipt of the request in writing from the tax office. This period can be extend with an additional 30 days, if requested so by the taxpayer.

Advance Pricing Agreements

General 

Rules for transfer pricing in Vietnam provide for the option to obtain unilateral, bilateral, and multilateral Advance Pricing Agreements (APA).

Terms

An APA in Vietnam will have a maximum five-year term. This term can be extended with an additional five year period.

Penalties

Rules for transfer pricing in Vietnam prescribe several penalties if a taxpayer fails to comply with its transfer pricing requirements:

  • In the case of an enterprise making a voluntary adjustment, the under declared amount will be treated as a late payment, and is subject to late payment interest at the progressive rate of 0.05 percent per day on the deferred tax amount if the tax is paid within 90 days, and 0.07 percent if the tax is paid after 90 days.
  • In the case of an incorrect declaration made by an enterprise, a fine equal to 20 percent will be imposed on the under declared tax, if any, in addition to the late payment interest.

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