In Vietnam, what are regulations on confidentiality of information when applying for APA?

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• What are regulations on confidentiality of information when applying APA in Vietnam?
• How long does APA take effect in Vietnam?

What are regulations on confidentiality of information when applying for APA in Vietnam?

Pursuant to Article 11 of the Circular 45/2021/TT-BTC stipulating confidentiality of information when applying for APA as follows: 

1. Tax authorities, taxpayers and relevant authorities are responsible for the confidentiality of the information and data used throughout the APA process in accordance with Article 99 of the Law on Tax administration, its guiding documents and relevant tax treaties.

2. Where the APA negotiation is terminated or the APA application is withdrawn, invalidated or revoked, the information and data provided by the taxpayer in the official APA application and provided on request, the APA annual reports and ad hoc reports shall not be used by the tax authority as evidence serving inspection or tax imposition upon the taxpayer.

If the information and data provided by the taxpayer are the information and data publicized by the taxpayer, the tax authority is entitled to use them as basis for determination their tax liabilities.

How long does APA take effect in Vietnam?

Pursuant to Article 12 of the same Circular stipulating as follows: 

1. A concluded APA is binding upon both the tax authority and the taxpayer .

2. The effective period of a concluded APA is up to 03 tax years but must not exceed the actual number of years in which the taxpayer has conducted their production and business activities, paid and declared corporate income tax in Vietnam.

Best regards!