Drawing on our experience advising cross-border e-commerce operators, Sliner offers the following observations for consideration by both regulatory authorities and the business community:
For Regulatory Authorities:
• Enhanced guidance on "legitimate expenses" for cross-border operations is warranted. Application of standards designed for traditional domestic commerce to international e-commerce creates significant practical challenges and may inadvertently render compliant businesses technically non-conforming.
• Vietnam possesses substantial export advantages. Tax policy should incorporate mechanisms that incentivize and support foreign revenue-generating activities, rather than focusing exclusively on risk management. An approach emphasizing "enablement over enforcement" would facilitate voluntary formalization and sustainable compliance.
• Consideration of "safe harbor" provisions or presumptive expense allowances for specific sectors would materially simplify compliance procedures for smaller-scale operators.
• Issue detailed guidance on how foreign e-commerce platforms should issue invoices for service fees charged to Vietnamese sellers, in accordance with Vietnam’s e-invoicing and invoicing regulations. This may include allowing platforms to either issue invoices directly or through a licensed invoicing service provider in Vietnam, so that Vietnamese sellers are able to claim input VAT credits based on valid invoices received from foreign platforms.
For E-Commerce Businesses:
• Proactive action is essential. The current period requires comprehensive review of business structures, cash flow arrangements, and expense documentation practices.
• For household businesses with revenue exceeding VND 3 billion, serious consideration should be given to corporate conversion to optimize available tax incentives and establish foundations for long-term growth.
• Investment in accounting infrastructure and document management systems should commence immediately. This represents not merely a compliance requirement but the foundation for legitimate tax optimization and preparedness for future opportunities including capital raising and M&A transactions.
• Verification of platform tax registration status (via etaxvn.gdt.gov.vn) is advisable to ensure appropriate proactive compliance measures.