Deputy Minister of Industry and Trade Nguyen Hoang Long said that after November 2024, if Shein and Temu do not complete registration in Vietnam, their applications and domain names will be blocked.
Temu and Shein exchanges are registering to operate in Vietnam.
On the afternoon of November 9, at the regular Government press conference in October 2024, the press asked questions to the leaders of the Ministry of Industry and Trade and the General Department of Taxation about the agencies' management of the e-commerce platforms Temu and Shein.
Responding, Mr. Nguyen Hoang Long - Deputy Minister of Industry and Trade said that regarding cross-border e-commerce platforms, the Ministry of Industry and Trade has worked with the legal agencies of Temu and Shein platforms.
In particular, it is required to urgently register operations with the Ministry of Industry and Trade according to Vietnamese law in November 2024. During the registration period, consumers must be notified that the registration procedure is being carried out. Along with that, Temu and Shein must stop all commercial activities and advertising that violate Vietnamese law to protect consumers.
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The Ministry of Industry and Trade also requested these platforms to urgently study other laws related to e-commerce such as customs and taxes.
"Shein and Temu exchanges are working closely with the Ministry of Industry and Trade and in November 2024, these two exchanges will register to operate in Vietnam," said Mr. Long.
The Deputy Minister of Industry and Trade affirmed: After the announcement, if these exchanges do not comply, the Ministry of Industry and Trade will coordinate with relevant agencies to implement technical measures such as blocking applications and blocking domain names.
"We will continue to carry out inspections, checks, and warn consumers about risks with unlicensed e-commerce platforms," said Mr. Long.
In addition, the Deputy Minister of Industry and Trade affirmed that he will promote the communication of the movement of Vietnamese people giving priority to using Vietnamese goods. The Ministry of Industry and Trade will review relevant regulations and make recommendations to the Government on management frameworks for cross-border e-commerce platforms that are receiving public attention.
Temu filed its Q3/2024 tax return with zero revenue.
Responding further to this content, Mr. Mai Son - Deputy General Director of the General Department of Taxation affirmed that the business activities of Vietnamese e-commerce platforms are business activities that must be licensed and subject to State management by the Ministry of Industry and Trade according to the provisions of Decree No. 52 dated May 16, 2013 of the Government on e-commerce; amended and supplemented by Decree No. 85/2021.
Mr. Son said that in the field of State management of domestic revenues, including revenues from e-commerce business activities, based on the provisions of the Law on Tax Administration and Circular No. 80/2021, e-commerce platform managers such as Temu, Shein Amazon... are responsible for registering, self-calculating, self-declaring, and self-paying taxes directly through the General Department of Taxation's Electronic Information Portal.
"If a foreign supplier is found to have declared incorrect revenue, the tax authority will compare data to determine revenue, thereby requesting the foreign supplier to fulfill its obligations and conducting inspections and checks according to regulations if there are signs of fraud or tax evasion," said Mr. Son.
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According to the Deputy Director General of the General Department of Taxation, up to now, 116 foreign suppliers have registered, declared and paid taxes via the Electronic Portal for foreign suppliers.
"By the end of October 2024, the state budget revenue from foreign suppliers was VND 20,174 billion. In 2024 alone, the revenue was VND 8,600 billion, an increase of 25.7% over the same period in 2023," Mr. Son informed.
Regarding Temu, the leader of the General Department of Taxation said that on September 4, 2024, Elementary Innovation Pte. Ltd - the owner and operator of the Temu platform in Vietnam, registered for tax through the General Department of Taxation's Foreign Supplier Portal and was granted tax code 9000001289.
According to Circular No. 80, foreign suppliers must declare and pay taxes quarterly.
Accordingly, on October 30, 2024, Elementary Innovation Pte. Ltd. filed its tax return for the third quarter of 2024, declaring zero revenue and explaining that all revenue arising from October 2024 will be declared in the fourth quarter of 2024.
"The General Department of Taxation is closely monitoring and urging Temu's revenue declaration for the fourth quarter of 2024 (deadline January 30, 2025) to ensure correct and full state budget collection in accordance with the law," said Mr. Son.
In addition, for sellers who are business households and individuals doing business on e-commerce platforms in general, Mr. Son said that the Ministry of Finance has reported to the Government to submit to the National Assembly to amend and supplement the Law on Tax Administration.
It stipulates the responsibility of the organization that is the manager of e-commerce platforms (including domestic and foreign platforms) with payment functions to deduct, pay taxes on behalf of, and declare tax obligations on behalf of business households and individuals doing business on the platform.
When the Law is passed, the Ministry of Finance will report to the Government to issue a Decree providing specific guidance on support and coordination in implementation between tax authorities and organizations managing e-commerce floors and digital platforms.
Accordingly, the scope of responsibilities and obligations of the organization managing the floor and platform when deducting, paying taxes on behalf of and declaring tax obligations on behalf of households and individuals doing e-commerce business must be consistent with the regulations on value-added tax policy, personal income tax, and the Law on Tax Administration currently stipulated in legal documents; simple and easy to implement to create maximum convenience for both the e-commerce floor and individuals and business households on the floor.
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