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Thanh Nguyen

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Thanh Vinh Nguyen is a partner in Baker McKenzie's Ho Chi Minh City office. Prior to joining the Firm, he practiced tax and consultancy work for two international accounting firms and worked as a compliance counsel for an international insurance company. He has co-written Business Operations in Vietnam, published by The Bureau of National Affairs, Inc.

Rapid business transformation across the globe and shifting international policy are driving significant changes to organizations’ tax exposure, financial resilience, strategy and management. These factors are shaping how companies across every sector approach the future of tax dispute resolution.
Our latest report draws on an independent survey of 1,200 tax leaders in 10 jurisdictions and across six sectors conducted in late 2021 and insights from our tax disputes and international tax teams.

Following the National Assembly’s adoption of the Law on Tax Administration, the Vietnam Ministry of Finance just issued Circular No. 80/2021/TT-BTC to provide implementing guidelines on the Law on Tax Administration and Government Decree No. 126/2020/ND-CP. One of the important provisions under Circular 80 is tax administration with respect to e-commerce business, digital-based business and other services of overseas suppliers without having a permanent establishment in Vietnam.

The Ministry of Finance released the draft Decree Regulating the Management of Imports and Exports Transacted via E-commerce in August 2021. The Draft Decree introduces dedicated customs procedures for e-commerce transacted goods, including provisions on advance information submissions via a specialized customs electronic data processing system; exemptions from specialized management and inspection and from import tax; categorization of goods; and customs procedures for returned goods.

On 3 June 2021, the Trade Remedy Authority of the Ministry of Industry and Trade (MOIT) received a petition for an anti-dumping investigation with regard to office desks and chairs originating from China and Malaysia. The petitioners are Xuan Hoa Vietnam JSC, and Hoa Phat Furniture., JSC. On 1 September 2021, the MOIT issued Decision No. 2091/QD-BCT to officially conduct the investigation.

Vietnam is projected to be the only ASEAN economy to report growth following the emergence of the global COVID-19 pandemic. With the ratification of the CPTPP, EVFTA, and entering into RCEP, coupled with the fallout from regional trade tensions, the country is poised as the next regional hub for logistics and manufacturing, energy production, agricultural production and distribution, and corporate investment.

The UK-Vietnam Free Trade Agreement entered into force as a replacement for the Vietnam-EU Free Trade Agreement due to Brexit, to leverage Vietnam-UK trade relations. To implement preferential tariff treatment under the UKVFTA, the Ministry of Industry and Trade issued Circular No. 02/2021/TT-BCT that will regulate the origin issues and take effect on 27 June 2021.

On 3 June 2021, the Trade Remedy Authority (TRA) of the Ministry of Industry and Trade (MOIT) – the investigator – received a petition for an anti-dumping investigation (AD) with regard to office desks, chairs and their parts originating from the People’s Republic of China (China) and Malaysia. On 18 June 2021, the TRA confirmed that the submitted petition dossier is complete and legal.