Barriers to implementation of the APA program in Vietnam and remedies

Abstract

With the expectation that Vietnam will be a valuable tool to counteract the current price transfer, the Advance Agreement on the Determination of Duty-Free Price (APA) is included in the 21/2012 / QH13 Revised Numbers Amendment. Article of Law on Tax Administration. To guide APA implementation, Ministry of Finance's Circular No. 201/2013 / TT-BTC guiding the application of APA has been issued. And has officially come into effect since 05/02/2014. However, in application of this Circular, many barriers have been encountered by taxpayers (FDI enterprises) and tax authorities, which have reduced the ability of tax authorities to resist the transfer of prices.