Vietnam: Guidelines on APA program changes

Guidelines regarding the advance pricing agreement (APA) program

Guidelines regarding the advance pricing agreement (APA) program

The General Department of Taxation (GDT) issued an “official letter” to provide guidelines for tax departments of the provinces and municipalities with regard to changes made to the advance pricing agreement (APA) program.

Official Letter No. 3194/TCT-DNL (25 August 2021) sets forth the guidelines regarding the APA program changes, pursuant to Circular 45/2021/TT-BTC. In general, the APA program guidelines address:

  • Covered transactions under an APA
  • Documentation and information, data used in an APA
  • Pre-filing (consultation) prior to the APA submission
  • Review of the APA application
  • Discussion and negotiation of the APA content
  • Rights, obligations, and responsibilities of taxpayers
  • Rights and responsibilities of the tax authorities
  • Confidentiality
  • Effective duration of an APA

Read an October 2021 report [PDF 897 KB] prepared by the KPMG member firm in Vietnam

This KPMG report provides, in table format, notable points under the guidelines including descriptions of the changes to the APA program, comments from the GDT on the reasons for the new measures under Circular 45, and KPMG observations.


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