MINISTRY OF JUSTICE MINISTRY OF EDUCATION & TRAINING HANOI LAW UNIVERSITY LE PHUONG ANH 463103 GRADUATION THESIS LAW ON TAX FOR INDIVIDUAL TAXPAYERS ENGAGED IN E-COMMERCE ACTIVITIES IN VIETNAM Hanoi — 2025 MINISTRY OF JUSTICE MINISTRY OF EDUCATION & TRAINING HANOI LAW UNIVERSITY LE PHUONH ANH 463103 GRADUATION THESIS LAW ON TAX FOR INDIVIDUAL TAXPAYERS IN E-COMMERCE ACTIVITIES IN VIETNAM Major: General Law Subject: Financial Law THESIS SUPERVISOR MS. NGUYEN THU TRANG, LL.M Hanoi — 2025 DECLARATION I hereby declare that this is my own research work, and all conclusions and data presented in this graduation thesis are truthful and reliable. Supervisor's Confirmation Author of the Graduation Thesis (Signature and full name) Le Phuong Anh il LIST OF ABBREVIATION APEC : Asia — Pacific Economic Cooperation EC : European Commission VAT : Value — Added Tax WTO : World Trade Organization 1H TABLE OF CONTENTS Page Inner Cover Page i Declaration HÌ List OfAbbreviation il Table Of Contents iv INTRODUCTION sccssnassesssacncucmmnmasnnen `. 1 CHAPTER 1: THEORETICAL ISSUES REGARDING E-COMMERCE ACTIVITIES AND LAW ON TAX MANAGEMENT FOR INDIVIDUAL TAXPAYERS IN E- COMMERCE ACTIVITIES IN VIVTNAM.
Theoretical issues regarding e-commerce aCfÏYÏf©s. Concept of vo cố. Characteristics Of @-cO MCC cis nrasisinsavcenainencrnneiencnenusevamnencemmnnnanenmnieaunaner 8 PR Os ie gee, 10 1,14, Role of €-conner06 201V: nssesssnseeesenniaooaatoiioEHEEOIUHSEELEESESLEBEGLDEEESEGGG. Theoretical issues regarding tax management law for individual taxpayers engaged in E-COMMECTCE ACH VIN CS ve csescicsses researc cence sax ana 15 1.
The concept and characteristics of tax management for individual taxpayers in e- S9000ả =9. The concept and content of tax management law for individual taxpayers in e- SOULS) rn 17 1. Tax management law for individual taxpayers engaged in e-commerce activities in several countries world wWide.cccceccessseeseeeeseeeeseeceaceecueeaeeeesesseceseeseeeaceacueeeees 20 CHAPTER 2: LAW ON TAX MANAGEMENT FOR INDIVIDUAL TAXPAYERS IN E- COMMERCE ACTIVITIES IN VIETNAM. Legal regulations related to tax management for individual taxpayers in e-commerce activities in Vietmamm.
Regulations on tax registration for individual taxpayers in e-COITIIKTCe. Regulations on tax declaration, payment obligations, and tax refunds for individual FARDAVSTS IT É CGITHHTẨIETÔiisennssukdindoesdebdseossgicdSSSGGIE. Regulations on tax refunds, tax exemptions and reductions for individual taAXPAYe 6511-1)1117/11J) 2001088. Regulations on tax inspection and audit in e-commerce activities for individual 5t; 5n ii:':iiAA‡êiỉ+ằ⁄“53Ó5-Ó5Ó54Ó545454ÓÖ5Ó5ÓỎÓ3Ö53444.
Regulations on handling violations, complaints, denunciations, and lawsuits for individual taxpayers 11 C-COMMELCE ACfTVIÍICS. Current status of tax management law enforcement for individual taxpayers in e- commeerce acfivi(iesin VietMAMM. Achievements in implementing tax management laws for individual taxpayers in e- COTTITI€TC€ ACTIVITIES 0. eee ¿5 S14 11T T1” TH TH TT Hàn HT HT Lá Hà HT HH ke 39 2.
Difficulties and limitations in implementing tax management laws for individual tAXPAYELS IN C-COMMMELCE ACTIVILICS.:cecsesseessteesersessencnssesasssssessssesssossassnenssassassnsasnesnest 42 CHAPTER 3: SOLUTIONS TO IMPROVE LAW ON TAX MANAGEMENT FOR INDIVIDUAL TAXPAYERS IN E-COMMERCE ACTIVITIES IN VIETNAM. General orientations for improving tax management law for e-commerce in Vietnam 3. Solutions to improve tax law for individual taxpayers in e-commerce in Vietnam. Solutions to enhance the implementation of tax management law for individual taxpayers in e-commerce IN YÏefrnaim.-- -- 6 S2 2v 39 111111 1e 1xepxesreeriee 58 Ce uy 3.
The urgency of the topic The development of e-commerce globally in general and in Vietnam in particular has brought significant changes to traditional business methods and commercial transactions, accompanied by tremendous benefits for business entities, consumers, and society as a whole. In recent years, e-commerce activities in Vietnam have made remarkable progress. In 2024, our country’s socio-economic development and the entire industry and trade sector unfolded in a global context with many significant and unpredictable fluctuations, accompanied by both opportunities and challenges regarding the research situation related to the topic. Nevertheless, e-commerce continued to maintain a growth rate nearly three times higher than that of traditional commerce globally, contributing approximately 20% to total retail sales of goods and services in 2024.
Southeast Asia continues to be the region with the highest growth rate in e-commerce and digital economy worldwide. Specifically for Vietnam, e-commerce maintained an impressive growth rate of 18-25% annually. In 2024, the e-commerce market size quickly surpassed $25 billion, an increase of 20% compared to 2023, accounting for approximately 9% of the total retail sales of goods and consumer service revenue nationwide. The proportion of e-commerce accounts for two-thirds of Vietnam's digital economy value.
Vietnam's e-commerce and digital technology growth rate continues to maintain solid double- digit growth, ranking among the top 10 countries with the highest e-commerce growth rates in the world, creating momentum for digital economy development and leading digital transformation in business and commerce!. Along with the strong and rapid development of e-commerce, the issue of tax management for these activities has become increasingly urgent and more challenging than ever before. The primary cause is the increase in tax evasion behaviors in the e-commerce sector. Although legal regulations on tax management have been and are being improved, with important legal documents such as Tax Administration Law No.
38/2019/QH14 passed by the XIV National Assembly on June 13, 2019, and Decree No. 52/2013/ND-CP on e-commerce ' “The proportion of e-commerce accounts for 2/3 of the value of Vietnam's digital economy”, The electronic portal of the Ministry of Industry and Trade, https://moit.vn/tin-tuc/hoat-dong/hoat-dong-cua-cac-don- Y1/cuc-thuong- mai-dien-tu-va-kinh-te-so-to-chuc- hoi-nghi-tong-ket-cong-tac-nam-2024-va-trien-khai-nhiem- yu-nam- 2025.html#:~:text=N%C43%s83 m3202024%2C%20qguy%20m%C33%B4%20th%E1%BB%8B.kinh%20(%EL %BA%BFE%20s%E13%6BB%591%20Vi%E1%BB%871%20Nam. 1 issued on 16/5/2013 (together with amendments and supplements stipulated in Decree No. 85/202 1/ND-CP on 25/9/2021), the unique characteristics and nature of the digital economy as well as the rapid development of e-commerce in Vietnam have revealed that tax administration in this field still faces considerable difficulties.
One of the greatest challenges is the ability to comprehensively manage the revenue and expenditure sources of business entities, thereby accurately determining their revenue and tax obligations. This becomes even more complex when e-commerce transactions primarily occur online, independent of traditional physical facilities such as shops or stores. Additionally, servers storing data may be located abroad, making tax monitoring and inspection increasingly difficult. Furthermore, an entity may open multiple stores on the same e-commerce platform or even across different platforms, simultaneously participating in business activities on various social media platforms.
Therefore, identifying taxable subjects and taxpayers in the electronic environment becomes a significant challenge for tax authorities. Moreover, the robust development of online business forms has created numerous gaps in controlling transactions and cash flows, making it difficult to ensure that all business activities are monitored and fully taxed, contributing to creating fairness in the national tax system. For the reasons and realities mentioned above, researching the topic: “Legal Framework jor Tax Administration of Individual Taxpayers in E-commerce Activities in Vietnam” has significance theoretically and practically to contribute to the evaluation and improvement of legal regulations governing this field. Literature review The issue of tax management for e-commerce in general, as well as specific research on tax management for individual e-commerce taxpayers, has been addressed in various studies, articles, and scientific journals.
Notably: Firstly, the doctoral dissertation in economics by Pham Nu Mai Anh (2019) at the Academy of Finance, titled “Zax Management for E-commerce in Vietnam” outlined fundamental issues of tax management in e-commerce activities. The study focused on tax authorities’ management of e-commerce in Vietnam and proposed measures for improvement. However, the dissertation emphasized economic aspects rather than legal perspectives on e- commerce tax management. Secondly, the Master’s thesis in Law by Ton Nu Phuoc Duyen (2022), titled “Tax Laws Jor the Sale and Supply of Goods on E-Commerce Platforms by Businesses and Individual Traders: A Case Study in Quang Neai Province” in 2022 at the University of Law, Hue University.
The thesis focuses on examining the legal framework governing tax management for the sale and supply of goods through e-commerce platforms by businesses and individual traders. By analyzing the practical application and enforcement of these tax Jaws in Quang Ngai Province, the study identifies challenges and opportunities within the current system. Based on these findings, the thesis proposes a range of solutions aimed at improving the legal framework for tax management in e-commerce activities. These recommendations are designed to enhance the alignment of tax laws with the practical demands of managing e-commerce activities and to support the growth and regulation of e-commerce within Quang Ngai Province.
Thirdly, the scientific journal titled “Overview ofLegal Provisions and Some Difficulties on Managing Tax Towards Individuals and Business Households on E-commerce Trading Platforms Under Vietnamese Law” by authors Pham Huynh Bao Oanh and Doan Thanh Tho, published by Ho Chi Minh City University of Economics and Finance in 2024. The document analyzes the legal provisions and challenges in tax management for e-commerce in Vietnam. It highlights rapid e-commerce growth, the evolving tax laws, and the increasing complexity of ensuring comphance among individual and business taxpayers. Challenges include unclear regulations, difficulties in identifying taxable entities, and limited enforcement tools.
The paper also discusses international best practices and proposes reforms such as enhanced. digital infrastructure, simplified procedures, and better interagency coordination to improve compliance and efficiency. Fourthly, the study titled “Tax Declaration Decisions on Social Networks of Online Retailers: A Case Study in Vietnam” by authors Le Xuan Cu and Nguyen Tran Hung was published in the online journal kuey.net, under the section Educational Administration: Theory and Practice. The article specifically explores the tax declaration decisions of online retailers on social media platforms in Vietnam.
It examines factors influencing compliance, such as awareness of tax policies, perceived fairness of the tax system, and enforcement measures. The study highlights the challenges faced by tax authorities in managing e-commerce taxation and provides recommendations to improve compliance. These include better communication of tax policies, strengthening enforcement mechanisms, and simplifying tax procedures. Objectives of the research This thesis is developed based on the following objectives: Firstly, to identify and clarify the fundamental theoretical aspects of tax management laws for individual taxpayers engaged in e-commerce activities in Vietnam.
Secondly, to analyze the content and current state of legal regulations on tax management for individual e-commerce taxpayers in Vietnam. Thirdly, to propose solutions to improve tax management laws for individual e- commerce taxpayers in Vietnam. Scope and subject of the research Research Subjects: The research subjects of this thesis include theoretical aspects related to e-commerce activities and tax management regulations applicable to individual e-commerce taxpayers in Vietnam. Scope of Research: i Scope of Content Regarding international trade, the thesis analyzes and clarifies the concepts and characteristics of this activity, provides an overview of international trade models, and highlights the role of e-commerce in Vietnam's socio-economic development.
Regarding tax laws for individual e-commerce taxpayers, the thesis focuses on analyzing and studying the legal foundations related to this issue, thereby proposing solutions and recommendations to improve relevant legal regulations. Scope of Space and Time The thesis examines tax management laws applicable to individual e-commerce taxpayers across the entire territory of Vietnam over a five-year period (from 2020 to the present). Research method The thesis applies various research methods, including analytical method, enumeration method, synthesis method, statistical method, and comparative method for data, figures, and related information. The figures and parameters are extracted from theses, dissertations, and scientific articles that have been published in previous research.
Additionally, the author also references and 4 utilizes materials from international articles, teaching curricula fromreputable universities, along with authoritative and reliable information sources from websites and online databases. Scientific and practical significance of the research The research results of the thesis provide contributions in both theoretical and practical aspects as follows: First, regarding the theoretical aspect: Although the thesis does not directly focus on resolving theoretical issues related to tax management for e-commerce, the researchresults from this topic have contributed to further clarifying the theory of tax management in e-commerce, particularly the legal theory of tax management for individuals participating as taxpayers in the e-commerce sector. Second, regarding the practical aspect: The thesis has delved deeply into analyzing issues related to tax management regulations for individual taxpayers in e-commerce activities in Vietnam. On this basis, the research has proposed practical solutions aimed at improving the effectiveness of applying tax management laws for individual taxpayers in the e-commerce sector in Vietnam today.