Vice Chairman of the National Assembly Nguyen Duc Hai has assigned the Secretary General of the National Assembly to coordinate with relevant agencies to carry out procedures to supplement the consideration and decision of the draft Law amending and supplementing a number of articles of the Law on Value Added Tax to the Program of the 10th Session.
Sharing with Lao Dong reporter, tax expert, Dr. Nguyen Ngoc Tu - Lecturer at the University of Business and Technology - said that this amendment needs to be carefully reviewed and evaluated, ensuring that the conversion contents do not create new difficulties and problems.
At the same time, do not create legal loopholes that cause loss of revenue, have management measures to prevent loss of State budget revenue. In addition, it ensures the nature and basic principles of VAT.
According to the Government's submission on the draft Law amending and supplementing a number of articles of the Law on Value Added Tax, on November 26, 2024, the National Assembly issued Law on Value Added Tax No. 48, effective from July 1, 2025.
However, immediately after taking effect, the Government and the Ministry of Finance received many recommendations and feedback from associations and businesses on the difficulties of VAT policies for the fields of agriculture, animal feed and tax refund conditions.
Minister of Finance Nguyen Van Thang said that to solve practical problems and shortcomings, it is necessary to immediately amend a number of provisions of the Law on Value Added Tax.
According to the Minister of Finance, the draft Law amends a number of main contents.
Typically, adding to Clause 1, Article 5 the subjects not subject to tax including: crop products, planted forests, livestock, aquaculture and fishing products that have not been processed into other products or are only classified by organizations and individuals for self-production, fishing and sale and at the import stage.
Enterprises, cooperatives, and cooperative unions purchasing crop products, planted forests, livestock, and aquaculture and fishing products that have not been processed into other products or are only sold to enterprises, cooperatives, and cooperative unions through normal processing will not have to calculate value added tax according to the regulations of the Minister of Finance.
At the same time, to ensure clarity and transparency, avoiding different interpretations, the draft Law has been revised in Clause 2, Article 1 on the principle of applying tax rates to scrap, by-products, and scrap as follows: "Sbleach, by-products, and scrap that are recovered during the production process will apply the tax rate of those scrap, by-products, and scrap products".
The Government also proposed to remove the regulation on tax refund conditions at Point c, Clause 9, Article 15 of the Law on Value Added Tax No. 48/2024/QH15.
That is, remove the regulation on one of the conditions for tax refunds, which is "the seller has declared and paid VAT on invoices issued to the business establishment to request a tax refund".
At the same time, it is proposed to stipulate the effective date of the draft Law from January 1, 2026 to ensure the timeliness of the policy and immediately support the agricultural sector.
