Official document No. 38348/HAN-QLDN5 Issued by the Hanoi City Tax Department on December 16, 2025, this is an important guidance document to help maritime transport businesses determine the correct tax rate. VAT rate. Incorrect application of tax rate 0% not only results in the need to pay additional taxes but also leads to significant late payment penalties from the authorities.
In the context of a rapidly evolving tax legal system, Circular No. 38348/HAN-QLDN5 has promptly clarified the boundaries between two important regulatory phases. This article will provide an in-depth analysis of the qualitative and quantitative conditions necessary for businesses to fulfill their tax obligations and optimize their financial benefits.
Download the article summary here.
Legal context and value of Official Letter No. 38348/HAN-QLDN5
Maritime tugboat services are an indispensable link in the international supply chain. Circular No. 38348/HAN-QLDN5 was issued to standardize the understanding of "export services" in the maritime sector, especially when... Decree 181/2025/ND-CP It has come into effect.
Previously, many entities often confused services provided to ships operating on international routes with services provided domestically. Circular No. 38348/HAN-QLDN5 clearly stated that the essence of enjoying the 0% tax rate lies in strict compliance with the conditions regarding documentation and actual payment methods.
Regulations on VAT rates for tugboat services before July 1, 2025
Prior to July 1, 2025, the regulations regarding VAT This is primarily based on Circular No. 219/2013/TT-BTC. In accordance with Official Letter No. 38348/HAN-QLDN5, businesses need to carefully review the following conditions to ensure their documentation is valid before in-depth inspections.
Legal basis according to Circular 219/2013/TT-BTC
Currently, tugboat services are classified as services directly related to international transport. Official document No. 38348/HAN-QLDN5 cites point d, clause 1 and point d, clause 2 of Article 9 of Circular 219 as the basis for determining the subjects eligible for preferential tax rates. This creates opportunities for businesses to reduce costs and increase international competitiveness.
Requirements regarding documentation and bank payment
To qualify for the 0% tax rate, Official Letter No. 38348/HAN-QLDN5 emphasizes two mandatory elements: a contract with a foreign organization and bank documentation. If either is missing, the service will be subject to the normal tax rate (usually 10%), directly impacting the service provider's cash flow.
| Target | Regulations prior to July 1, 2025 | Refer to Official Letter No. 38348/HAN-QLDN5 |
| Applicable document | Circular 219/2013/TT-BTC | See details in section 1. |
| Applicable tax rate | 0% | When the conditions are met |
| Contract terms and conditions | Document signed with a foreign party | Obligatory |
| Payment methods | Through the bank | Bank documents |
A new turning point from July 1, 2025, according to Official Letter No. 38348/HAN-QLDN5
From July 1st, 2025, the legal framework for Value Added Tax (VAT) will undergo significant changes with the introduction of Decree 181/2025/ND-CP. Official Letter No. 38348/HAN-QLDN5 promptly updated these new points, enabling businesses to proactively issue invoices and file periodic tax returns.
New features of "Cashless Payment"“
A key change in Official Letter No. 38348/HAN-QLDN5 is the term "non-cash payment document". This concept is broader than "bank payment," reflecting the diversity of modern electronic payment methods. However, the authenticity and verifiability of the document must still be absolutely guaranteed.
Regulations stipulated in Decree 181/2025/ND-CP and Circular 69/2025/TT-BTC
According to Official Letter No. 38348/HAN-QLDN5, based on point c, clause 3, Article 17 of Decree 181, services must be proven to be provided to international transport vessels. Circular No. 69/2025/TT-BTC supplements technical guidance on the storage of electronic documents, which businesses need to pay special attention to in order to avoid errors during settlement.
Comparing the conditions for enjoying the 0% tax rate across different periods.
Below is a summary table to help accountants track requirements based on the guidance in Official Letter No. 38348/HAN-QLDN5:
| Characteristic | Period before July 1, 2025 | Period after July 1, 2025 |
| Main basis | Circular 219/2013/TT-BTC | Decree 181/2025/ND-CP |
| Supplementary document | Official document No. 38348/HAN-QLDN5 | Circular 69/2025/TT-BTC |
| Payment request | Through the bank | No cash |
| Ship | International ships under contract | International ships by category |
| Record keeping | Valid hard copy/scanned copy | Digitized records according to the new standard. |
A comparison with Official Letter No. 38348/HAN-QLDN5 shows that transparency of cash flow remains the guiding principle for applying the preferential tax rate 0%.
Risks of not complying with the instructions in Official Letter No. 38348/HAN-QLDN5
Many businesses, due to negligence, have paid a heavy price for failing to adhere to the content of Official Letter No. 38348/HAN-QLDN5. The most common risk is that the tax authorities will remove the 0% tax rate and collect the 10% VAT on the total revenue from towing services performed.
During inspections, if a clear contract regarding the delivery location is missing or payment documents are faulty, Official Letter No. 38348/HAN-QLDN5 will serve as grounds for penalties. This seriously affects the company's credibility in the eyes of regulatory agencies and financial partners.
Expert advice from MAN regarding Official Letter No. 38348/HAN-QLDN5
Experts at MAN recommend that businesses establish strict internal control procedures for towing services. Circular No. 38348/HAN-QLDN5 serves as a standard checklist for accountants to review their entire invoicing system from the second half of 2025 onwards.
Ensure that all payment transactions leave a clear numerical record and match the contract value. If there is any discrepancy with Official Letter No. 38348/HAN-QLDN5, the business must make immediate adjustments to minimize late payment penalties.
Conclude
Official document No. 38348/HAN-QLDN5 acts as a "shield" protecting businesses from tax risks if applied correctly. Understanding the timelines and accompanying conditions helps managers feel more confident in international business and ensures maximum transparency.
In the context of constantly changing regulations, Master Accountant Network (MAN) proudly offers comprehensive solutions: auditing services, tax accounting, tax consulting, tax settlement and tax reporting. We are committed to helping businesses effectively utilize Circular No. 38348/HAN-QLDN5 to optimize their financial obligations. Contact MAN today!
Service contact information at MAN – Master Accountant Network
- Address: No. 19A, Street 43, Tan Thuan Ward, Ho Chi Minh City
- Mobile/Zalo: 0903 963 163 – 0903 428 622
- Email: man@man.net.vn
Content production by: Mr. Le Hoang Tuyen – Founder & CEO MAN – Master Accountant Network, Vietnamese CPA Auditor with over 30 years of experience in Accounting, Auditing and Financial Consulting.
Frequently Asked Questions about Official Letter No. 38348/HAN-QLDN5
This is an inevitable trend aimed at combating fraud and improving management efficiency. Official document No. 38348/HAN-QLDN5 provides guidance on this to ensure that services eligible for tax under Decree 0% are truly exports, generating actual foreign exchange value for the national economy.
Generally, Circular No. 38348/HAN-QLDN5 provides fairly detailed general guidance. However, given the specific nature of the business model, consulting with tax accounting experts remains essential to ensure absolute legal safety for the enterprise.
Yes, payment in foreign currency through a bank is the clearest evidence of international services, according to Official Letter No. 38348/HAN-QLDN5. Businesses need to retain the wire transfers (Swift) and related documents as authentic proof when requested by the tax authorities. Why does Official Letter No. 38348/HAN-QLDN5 require non-cash payment?
This is an inevitable trend aimed at combating fraud and improving management efficiency. Official document No. 38348/HAN-QLDN5 provides guidance on this to ensure that services eligible for tax under Decree 0% are truly exports, generating actual foreign exchange value for the national economy.
If payment is made in foreign currency, does this comply with Official Letter No. 38348/HAN-QLDN5?
