Official Letter No. 3441/QNG-QLDN1 dated December 5, 2025, issued by the Quang Ngai Provincial Tax Department regarding guidance on VAT policies for asset transfers, is as follows:
by KMC Consulting Company Limited
- Pursuant to the Law on Value-Added Tax No. 48/2024/QH15;
- Pursuant to Clause 6, Article 10 of Decree No. 123/2020/NĐ-CP dated October 19, 2020, and Point b, Clause 7, Article 1 of Decree No. 70/2025/NĐ-CP dated March 20, 2025, of the Government providing regulations on invoice details;
- Pursuant to Article 46 of the Land Law No. 31/2024/QH15.
Based on the above-mentioned provisions:
- Where assets attached to land are permitted to be transferred in accordance with the Land Law No. 31/2024/QH15, and such assets directly serve activities under the project objectives licensed by the Dung Quat Economic Zone and Quang Ngai Industrial Zones Authority, and do not serve any activities other than those approved under the project objectives, the VAT rate of 0% shall apply if the conditions on dossiers and procedures prescribed in Article 18 of Decree No. 181/2025/NĐ-CP and Article 4 of Circular No. 69/2025/TT-BTC are satisfied (except for cases ineligible for the 0% tax rate as stipulated in Point d, Clause 1, Article 9 of the Law on VAT No. 48/2024/QH15 and Clause 4, Article 17 of Decree No. 181/2025/NĐ-CP of the Government).
- Regarding the resale of land lease rights under a land lease contract: where the company is permitted to resell land lease rights in accordance with the law, such activity does not fall under the cases eligible for the 0% VAT rate.
- Regarding the description of assets shown on invoices, implementation shall comply with the regulations on the names of goods and services under Clause 6, Article 10 of Decree No. 123/2020/NĐ-CP and Point b, Clause 7, Article 1 of Decree No. 70/2025/NĐ-CP.
For more detailed information about this or related Tax Advisory, please don't hesitate to contact us.
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