THE MINISTRY OF FINANCE
 
No. 78/2014/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, June 18, 2014
 
 
CIRCULAR
Guiding the implementation of the Government’s Decree No. 218/2013/ND-CP of December 26, 2013, detailing and guiding the implementation of the Law on Enterprise Income Tax
Pursuant to June 3, 2008 Law No. 14/2008/QH12 on Enterprise Income Tax and June 19, 2013 Law No. 32/2013/QH13 Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax;
Pursuant to the Government’s Decree No. 218/2013/ND-CP of December 26, 2013, detailing a number of articles of the Law on Enterprise Income Tax and the Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, duties, powers and organizational structure of the Ministry of Finance;
At the proposal of the Director General of Taxation, the Minister of Finance guides the implementation of enterprise income tax as follows:

>> See also:  Law on enterprise income tax

Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the implementation of the Government’s Decree No. 218/2013/ND-CP of December 26, 2013, detailing a number of articles of the Law on Enterprise Income Tax and the Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax.
Article 2. Taxpayers
1. Payers of enterprise income tax are organizations engaged in production and trading of goods or provision of services with taxable income (below referred to as enterprises), including:
a/ Enterprises established and operating under the Enterprise Law, the Investment Law, the Law on Credit Institutions, the Insurance Business Law, the Securities Law, the Petroleum Law, the Commercial Law or other legal documents in the forms of joint-stock company; limited liability company; partnership; private enterprise; lawyer office, private notary public office; party to business cooperation contract; party to petroleum product-sharing contract, oil and gas joint-venture enterprise and joint operating company;
b/ Public or non-public non-business units engaged in production and trading of goods or provision of services with taxable income in all areas;
c/ Organizations established and operating under the Cooperative Law;
d/ Enterprises established under foreign law (below referred to as foreign enterprises) and having permanent establishments in Vietnam;
Permanent establishments of foreign enterprises are manufacturing and trading establishments through which foreign enterprises carry out some or all of their production and trading activities in Vietnam, including:
- Branches, executive offices, factories, workshops, means of transport, mines, oil and gas fields or other sites of exploitation of natural resources in Vietnam;
- Construction sites and construction, installation or assembly works;
- Establishments providing services, including also consultancy services through employees or other organizations or individuals;
- Agents for foreign enterprises;
- Representatives in Vietnam, for representatives authorized to sign contracts in the name of foreign enterprises or representatives not authorized to sign contracts in the name of foreign enterprises but regularly delivering goods or providing services in Vietnam;
In case a double taxation avoidance agreement which the Socialist Republic of Vietnam has signed has different provisions on permanent establishments, the provisions of that agreement prevail.