3.1. Adding the case of determining a related-party relationship through lending/borrowing of assets

An enterprise having transactions involving the transfer or receipt of a transfer of at least 25% of the owner’s contributed capital during the tax period; or lending, borrowing, or lending/borrowing assets equal to at least 10% of the owner’s contributed capital at the time the transaction arises during the tax period with an individual who manages or controls the enterprise, or with an individual falling under one of the relationships specified at Point g Clause 2 Article 5 of this Decree 255.

3.2. Adding a case not treated as a related-party relationship for state-owned debt trading/handling organizations (100% charter capital)

Adds a provision that a related-party relationship is not determined in the case where the creditor or guarantor is an organization wholly owned by the State (100% of charter capital) with the function of purchasing, selling and handling debts, and which does not directly or indirectly participate in managing, controlling, contributing capital to, or investing in the debtor enterprise or the guaranteed enterprise as prescribed.

4.1. Updating provisions on commercial databases

Amends and supplements the provisions on commercial databases by cross-referring to Clause 15 Article 4 of the Law on Tax Administration No. 108/2025/QH15, ensuring consistency, completeness and conformity with current legal regulations.

Clause 15 Article 4 of the Law on Tax Administration No. 108 provides as follows:

4.2. Adding the national database

For the first time, the national database is added as a data source used in the declaration, determination and management of related-party transaction pricing, helping to expand the pool of reliable data for both taxpayers and the tax authority.

4.3. Updating provisions on the tax authority’s database

Amends the provisions on the tax authority’s database by cross-referring to Clause 2 Article 35 of the Law on Tax Administration No. 108/2025/QH15 and legal documents on tax administration, in order to ensure consistency with current regulations.

Clause 2 Article 35 of the Law on Tax Administration No. 108 provides as follows:

4.4. Prescribing the order of priority for using databases

For the first time, the order of priority for using databases when analyzing and comparing related-party transactions is prescribed as follows:

• Public databases;
• Commercial databases;
• The tax authority’s databases.

This provision aims to increase transparency and consistency in the selection of data sources and to reduce discrepancies in the process of analyzing and comparing related-party transactions.

5.1. Updating the rights of taxpayers

Amends the provisions on the rights of taxpayers in accordance with Clause 1 Article 37 of the Law on Tax Administration No. 108/2025/QH15, ensuring consistency with current regulations.

5.2. Updating the obligations of taxpayers

Amends the provisions on the obligations of taxpayers in accordance with Clause 2 Article 37 of the Law on Tax Administration No. 108/2025/QH15, ensuring consistency with current regulations.

Notably, Point m Clause 2 Article 37 of the Law on Tax Administration 108/2025/QH15 continues to affirm the taxpayer’s obligation to prepare, retain, declare and provide the related-party transaction pricing documentation, including related parties abroad.

5.3. Expanding the entities entitled to prepare related-party transaction pricing documentation

Replaces the term “tax-procedure service company” with “tax-procedure service organization” in the provision on the taxpayer’s representative preparing the related-party transaction pricing documentation, in order to align with the Law on Tax Administration No. 108/2025/QH15.

6.1. Changing the basis for determining the global consolidated revenue threshold

The revenue threshold for determining the obligation to prepare a CbCR is determined based on the global consolidated revenue of the fiscal year immediately preceding the reporting year, instead of being based on the global consolidated revenue of the tax period as before.

This amendment aims to ensure conformity with the OECD guidance under BEPS Action 13.

6.2. Changing the revenue threshold for preparing a CbCR

Replaces the threshold of VND 18,000 billion with a threshold equivalent to EUR 750 million, in line with OECD standards and to limit the impact of exchange-rate fluctuations.

This amendment aims to accommodate exchange-rate fluctuations while ensuring conformity with the OECD guidance under BEPS Action 13.

6.3. Adding the exchange-rate conversion principle

Adds a uniform provision on the exchange rate for converting the global consolidated revenue threshold according to the foreign-currency exchange rate, whereby the consolidated revenue threshold is determined based on the central rate or the average cross rate of December of the year immediately preceding the referenced reporting year, as announced by the State Bank of Vietnam.

Previously, there was no such provision. This addition aims to ensure consistency with Decree No. 236/2025/ND-CP on the application of the top-up corporate income tax under the global anti-base-erosion rules.

6.4. Refining the cases exempt from filing a CbCR in Vietnam

Adds and clarifies the cases not required to file a CbCR (Country-by-Country Report), including:

• The report has already been automatically exchanged to the Vietnamese tax authority under a Competent Authority Agreement;
• A surrogate entity meeting the conditions has already filed the CbCR;
• Due to differences in the revenue threshold, the conversion currency, or the revenue-determination principle among countries and territories.

Previously, the regulation did not fully specify the cases not required to file a CbCR in Vietnam and did not provide for certain exceptional cases. These amendments and additions aim to ensure consistency with international guidance, increase transparency and reduce compliance costs for taxpayers.

6.5. Refining the cases required to file a CbCR in Vietnam

Adds cases in which taxpayers in Vietnam incur the obligation to file a CbCR, such as:

• The ultimate parent company has no obligation to prepare and file a CbCR in its country of residence;
• The conditions for a surrogate filing entity are not met;
• A systemic failure to exchange information occurs after the tax authority has notified the taxpayer;
• Meeting the requirements on information confidentiality, consistency and proper use of information; while prescribing the responsibility to publicly disclose the satisfaction of these conditions on the Tax sector’s electronic portal.

Previously, the cases giving rise to the obligation to file a CbCR in Vietnam were not fully prescribed. These amendments and additions aim to provide a complete legal basis for determining the obligation to file a CbCR in Vietnam, while ensuring that taxpayers have full access to information and enhancing transparency in determining the CbCR filing obligation.

6.6. Adding the CbCR filing method

Prescribes that the CbCR must be prepared in encoded XML format and filed through the Tax Administration Information System.

Previously, there was no such provision. This addition aims to implement the standard under BEPS Action 13.

6.7. Standardizing provisions on the CbCR filing deadline and the notification of the CbCR filing entity

Adds provisions on:

• The CbCR filing deadline is 12 months from the end of the ultimate parent company’s fiscal year for the reporting year;
• A taxpayer in Vietnam designated by the ultimate parent company as a surrogate CbCR filing entity is responsible for preparing and filing the CbCR and for submitting the Notification of the CbCR filing entity together with the designation document to the tax authority;
• Adds a Notification form of the CbCR filing entity to be submitted to the tax authority under Form No. 01/TB-BCLN issued together with the Decree;
• The Notification of the CbCR filing entity only needs to be submitted once, when the CbCR-related obligation first arises (from the effective date of the Decree).
• The deadline for submitting the Notification is no later than the end of the ultimate parent company’s fiscal year for the reporting year.
• Where there is a change in the information in the most recently submitted Notification, including the termination of the CbCR filing obligation, the taxpayer is responsible for submitting a Notification to update the information to the tax authority no later than ninety (90) days from the date the change arises.

Previously, there was no uniform provision on the Notification form, the one-time filing principle and the updating of information upon change. These additions and refinements aim to standardize the notification obligations related to the CbCR, ensure transparency and consistency in implementation, facilitate taxpayers and reduce compliance costs.

8.1. Not using the CbCR to adjust or impose related-party transaction prices

Clearly prescribes that the CbCR must not be used to adjust or impose related-party transaction prices, but only serves risk management, information exchange as prescribed, and Vietnam’s commitments under international tax agreements.

8.2. Adding a voluntary compliance support program

For the first time, a provision is added on a voluntary compliance support program for enterprises with related-party transactions. Accordingly, the tax authority is responsible for:

• Developing and implementing the support program on a risk-management basis;
• Publishing industry profit ratios by sector, locality or taxpayer group to support enterprises in declaring and determining related-party transaction pricing;
• Assisting enterprises to raise their compliance level and reduce transfer-pricing risks;
• Keeping confidential the information and data provided by enterprises.