(LUẬN văn THẠC sĩ) improvement of efficiency for tax management of multinational enterprises

MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION IMPROVING TAX MANAGEMENT OF TRANSFER PRICING ACTIVITIES OF MULTINATIONAL ENTERPRISES IN VIETNAM Major: The master of International Trade Policy and Law Full name: Le Thi Thuong Ha Noi - 2017 download by : skknchat@gmail.com MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION Improving Tax Management Of Transfer Pricing Activities Of Multinational Enterprises In Vietnam Major: The master of International Trade Policy and Law Full Name : Le Thi Thuong SUPERVISOR : Assoc Prof Ph.D Nguyen Viet Dung Ha Noi - 2017 download by : skknchat@gmail.com i CERTIFICATION I hereby certify that the thesis with the title: "Improving Tax Management of Transfer Pricing Activities of Multinational Enterprises in Vietnam" is my own research and does not reproduce any other materials The data indicated in the thesis is clear, accurate and are collected from the confident sources of information The Author Le Thi Thuong download by : skknchat@gmail.com ii ACKNOWLEDGMENTS In order to complete this thesis, besides the efforts of myself, I have received the help, encouragement and guidance of my teachers, friends, colleagues and family throughout the course as well as in the period of the thesis research Special thanks to Assoc Prof Ph.D Nguyen Viet Dung, who was dedicated to guide and help me in the process of researching and writing this thesis I am grateful to the teachers in the Council of Assessment who gave me the valuable insights and comments, supporting me to complete the thesis I am grateful to the teachers teaching at the Faculty of Postgraduate Education of the Foreign Trade University for the interesting and useful lectures, for the enthusiastic transmission of the valuable knowledge and for the best conditions offering in the process of the course I want to say many thanks to my colleagues working on tax department who support me with a lot of data and information related to tax management of transfer pricing in Vietnam and other countries I am grateful to my family and my colleagues for their encouragement and supports during the course and the period of thesis research This thesis studies on the tax management of transfer pricing – not a new but a very complicated issues required various knowledge, skills and practical experiences Thus, the thesis has the inevitable shortcomings and limitations I look forward to receiving valuable comments for improving the thesis Sincerely, Hanoi 2017 The Author Le Thi Thuong download by : skknchat@gmail.com iii TABLE OF CONTENTS LIST OF ABBREVIATIONS vi INTRODUCTION CHAPTER 1: THEORETICAL BASIS FOR TAX MANAGEMENT OF TRANSFER PRICING 1.1 Transfer Pricing 1.1.1 The concept of transfer pricing 1.1.2 Multinational enterprises and associated enterprises .10 1.1.2.1 Multinational enterprises 10 1.1.2.2 Associated enterprises 11 1.1.3 The arm’s length principle .12 1.1.4 Transfer pricing methods 13 1.1.5 Impact of transfer pricing 18 1.2 Tax management of transfer pricing 20 1.2.1 The concept of tax management of transfer pricing .20 1.2.2 History of tax management of transfer pricing in the world 20 1.2.3 Factors of tax management of transfer pricing .21 1.2.3.1 Managing entities 21 1.2.3.2 Managed objects 22 1.2.3.3 Management tools .22 1.3 Experience of Some Countries in Tax Management of Transfer Pricing 23 1.3.1 China 23 1.3.2 India 28 CHAPTER 2: PRACTICAL SITUATION OF TAX MANAGEMENT OF TRANSFER PRICING OF MULTINATIONAL ENTERPRISES IN VIETNAM 33 2.1 Transfer pricing of multinational enterprises in Vietnam 33 2.1.1 The establishment and operation of multinational enterprises in Vietnam 33 2.1.2 The motives for formation of transfer pricing in Vietnam .36 2.1.2.1 The tax policy and incentives for enterprises with foreign direct investment 36 2.1.2.2 The difference in the tax base between Vietnam and other countries 38 2.1.2.3 The Operation Purpose and Policy of Multinational Enterprises 39 2.2 History of formation and development of tax management of transfer pricing in Vietnam 39 download by : skknchat@gmail.com iv 2.3 Practical situation of tax management of transfer pricing in Vietnam 42 2.3.1 Managing entities 42 2.3.2 Managed object 45 2.3.3 Management tools .47 2.3.3.1 Legal legislation 47 2.3.3.2 Tax examination and audit 53 2.3.3.3 Database used for transfer pricing analysis .57 2.3.3.4 Economic development and international cooperation on transfer pricing management 57 2.4 Tax Transfer Pricing Outstanding Cases in Vietnam .58 2.4.1 Keangnam Vina 58 2.4.2 Metro Cash & Carry 60 2.4.3 Coca-Cola Beverages Vietnam Co., Ltd 61 2.4.4 Hualon Corporation 62 2.5 Evaluation of tax management of transfer pricing in Vietnam 63 2.5.1 Achievements 63 2.5.1.1 Sufficient regulations on transfer pricing 63 2.5.1.2 Certain achievement in tax examination and audit .64 2.5.1.3 Training for tax officers 64 2.5.2 Limitations .66 2.5.2.1 Lack of comprehensive legal framework .66 2.5.2.2 Lack of comparables for determination of arm’s length price 67 2.5.2.3 Lack of knowledgeable and experienced human resources in tax authorities 68 2.5.2.4 Lack of database on prices and average profit margins for comparability analysis .69 2.5.2.5 Vietnam position in international arena .69 2.5.2.6 Insufficient application of arrangements on transfer pricing .70 CHAPTER 3: RECOMMENDATIONS FOR IMPROVING TAX MANAGEMENT OF TRANSFER PRICING OF MULTINATIONAL ENTERPRISES IN VIETNAM 71 3.1 Orientation for recommendations 71 3.2 Recommendations for Improving Tax Management of Transfer Pricing of Multinational Enterprises in Vietnam 73 3.2.1 Improving legal regulations on transfer pricing .73 3.2.2 Forming database for comparability analysis 75 3.2.3 Improving risk assessment in selecting enterprises subject to tax download by : skknchat@gmail.com v examination and audit 78 3.2.4 Establishing separate procedures for tax examination and audit of transfer pricing 79 3.2.5 Training for tax officers and tax experts on transfer pricing issues 81 3.2.6 Coordinating between related authorities in Vietnam 83 3.2.7 Enhancing dissemination of transfer pricing regulations to taxpayers 85 3.2.8 Participating in international organizations on transfer pricing management 87 CONCLUSION 89 REFERENCES 91 download by : skknchat@gmail.com vi LIST OF ABBREVIATIONS ABBREVIATIONS AL MEANING Arm’s Length APA Advance Pricing Agreement CbC Country-by-Country CIT Corporate Income Tax CP Cost Plus Method CPM Comparable Profits Method CUP Comparable uncontrolled price method EU European Union GDT the General Department of Taxation of Vietnam GSO General Statistics Office Of Vietnam MNE Multinational Enterprise MOF Ministry of Finance of Vietnam OECD the Organization for Economic Co-operation and Development TNMM Transactional Net Margin Method TP Transfer Pricing UN United Nations USD The United State Dollar PWC PricewaterhouseCoopers R&D Research and Development RPM Resale price method VND Vietnamese dong download by : skknchat@gmail.com INTRODUCTION I The necessity of the research Globalization gives opportunities for domestic companies to trade and invest internationally It is also a prerequisite for the establishment of multinational enterprises (MNEs) with business operation of increasing diversity and complexity Taking advantages of preferential policies, especially tax incentives, of many countries in attracting foreign investment, MNEs have performed a range of tricks to maximize overall profits In which, transfer pricing (TP) is a trick of shifting profits among related parties of a MNE through associated transactions TP has become popular in the world with growingly complex and sophisticated forms, causing tax losses and affecting the social-economic development As a consequence, governments always pay special attention to TP management, notably tax management Tax management of TP is one of the hottest issues which have been discussed on regional and global forums International organizations, consisting of the Organization for Economic Co-operation and Development (OECD) and the United Nations (UN), have provided several publications like guidelines or model tax conventions on this issue In Vietnam, after approximately 30 years from “Doi Moi”, there are certain achievements in attracting foreign investment Registered and implemented capital of FDI in 2016 reached USD 24.3 billion and 15.8 billion respectively, which are the highest ever, with more than 2,500 new projects For the first seven months of year 2017, the sum of registered capital from new projects, additional funding and investment in the form of capital contribution and share purchasing reached USD 21.93 billion, increasing 52 percent in comparison to the same period of 2016 To the date of 20 July 2017, there are 23,737 effective projects with total registered capital of USD 307.86 billion The accumulated implemented capital of foreign investment’s projects is estimated to reach USD 163.9 billion, equaling to 53.2 percent of total effective registered capital Foreign invested sector also contributes a large portion of imports and exports, accounting for more than 70 percent of total download by : skknchat@gmail.com export turnover and around 60 percent of total import turnover in the previous two years [MPI, 2017] Although substantial amount of total invested capital, contribution of this area to state budget is only a small proportion According to data from General Statistics Office of Vietnam (GSO), for the first four months of 2017, national revenue from foreign invested sector (crude oil excluded) achieved VND 47.3 million billion, contributing to around 23.5 percent of estimation, while the figures for private sector and state sector are VND 52.1 and 49.4 million billion In 2016, domestic income from foreign invested enterprises is VND 147.7 million billion out of the total income of VND 744.9 million billion, accounting for around 19.83 percent That of year 2015 is 19.06 percent [GSO, 2016] In addition, a large part of foreign invested enterprises report losses over the past years but still expand their business operation Coca-Cola is one outstanding example Coca-Cola consistently reported a loss, as of the end of 2011, reaching VND 3,768 million, which exceed the total initial invested capital Despite such losses, its revenue gradually grew from 20 to 30 percent annually This situation raises questions about the compliance of foreign enterprises with tax laws and regulations of Vietnam Vietnam government has given concerns of tax management of foreign investment, especially TP, since the 1990s, but there is no legal documents regulating this activity until the year 1997 At present, after several times of amendments and supplements, Decree No 20/2017/ND-CP dated 24 February, 2017 and effected May, 2017 (Decree 20) is the document with highest legal effectiveness governing TP Based on such regulations and action plan proposed by Ministry of Finance (MOF), tax examination and audit of TP have been seriously implemented in recent years In the year 2015, the General Department of Taxation of Vietnam (GDT) established official Transfer Pricing audit teams in the GDT and in four major provinces: Hanoi, Ho Chi Minh City, Binh Duong and Dong Nai in order to conduct specialized tax examination and tax audit However, up to now, legal regulations on TP have not yet completed with download by : skknchat@gmail.com 83 they are engaging with This includes others in the administration and stakeholders such as taxpayers and their advisors Some specific steps through which this can be achieved by tax administrators include: - Knowing taxpayers and their commercial environment, as well as their main issues and concerns, and having in place a continuous dialogue with taxpayers, tax professionals, their associations or peak representative bodies on tax issues; - Being reasonable and proportionate in actions, and open and transparent with taxpayers; - Being responsive to requests; - Extensive and clear taxpayer education, including making available to taxpayers tax guidance notes, information circulars and other guidance on interpretation of tax laws to avoid misunderstandings, confusion and surprises to those willing to meet their obligations; - An informative and easy to navigate Internet presence that is regularly tested and kept under review for its user-friendliness and relevance; - Seeking to avoid disputes arising unnecessarily but also setting up clear and fair systems for addressing such disputes that not unfairly deter taxpayers from pursuing legitimate disputes; and - Advance rulings on specific issues of taxpayers 3.2.6 Coordinating between related authorities in Vietnam TP is a complicated activities required deep and broad knowledge To enhancing tax management of TP, all related authorities should coordinate with others In Vietnam, the authorities in charge of TP management include but not limited to the Ministry of Planning and Investment, Ministry of finance, GDT and its branches, the General Department of Customs and its branches, the State Bank of Vietnam, the State Audit Office of Vietnam In which, the Ministry of Finance takes the main responsibility in policy making and the GDT together with its branches download by : skknchat@gmail.com 84 takes the main responsibility in implementing of the policy The Decree 20 includes the regulations on collaboration of other statutory authorities in TP management, in which having involvement of the Ministry of Finance, the State Bank of Vietnam, Ministry of Planning and Investment, Ministry of Science and Technology, Ministry of Agriculture and Rural Development, Ministry of Information and Communications, Ministry of Industry and Trade and People’s Committees of centrally-affiliated cities and provinces However, there is no detailed mechanism in cooperation between such authorities To enhance the efficiency of TP management, the government should direct and tax authorities should take the main responsibility in establishing coordination mechanism between related authorities on TP Besides, the responsibilities of several authorities should be complimented and clarified as follows: (1) Ministry of Planning and Investment - Heighten investment examination and audit in accordance with Law No 67/2014/QH13 dated 26 November 2014 on audit of machinery, equipment, technological lines during investment period - Review the enterprises with continuous losses of profit for years, but increase of revenue and expansion of manufacturing operations Before issuing the investment certificate for production expansion, the Ministry of Planning and Investment should carefully check existing data and compliance status of enterprises - Coordinate with other authorities for effective tax management of TP (2) Ministry of Finance - Govern and coordinate with related authorities to improve legal legislation, tax policy suitable for each development period and integration level of Vietnam - Govern and coordinate with related authorities to establish database of taxpayers’ profile download by : skknchat@gmail.com 85 - Govern and coordinate with related authorities in tax examination and audit of enterprises with high-risk assessment of TP as well as design planning, tax examination/audit methods for provincial tax office - Form database for comparable analysis of TP and make proposal on legalization of the data sources approved internationally - Establish training program in order to improve knowledge and qualification of tax officers, especially who work on TP tax examination and audit - Govern and coordinate with media operators to propaganda tax policy, especially TP regulations (3) State Bank of Vietnam - Coordinate with Ministry of Finance in regulating reasonable costs of interest rates and proportion of loans/equity to control the TP and ensure monetary security - Coordinate with other authorities in controlling payment activities via bank transfer, especially international payments (4) State Audit of Vietnam - Actively implement the audit in accordance with applicable regulations - Provide data and information to set up the database for tax management of TP 3.2.7 Enhancing dissemination of transfer pricing regulations to taxpayers Given that TP has only recently come into force, many MNEs are still unaware of what is expected of them locally and whether internationally accepted practices in areas such as documentation and comparables will be appropriate in meeting the expectations of the tax authorities in Vietnam Therefore, the tax authorities should strengthen propaganda of tax regulations to taxpayers, systematically guide MNEs in Vietnam regulations related to determine the AL price for associated transactions to raise awareness of compliance with tax laws Decree 20 regulates the responsibility of relevant statutory authorities, in which, the download by : skknchat@gmail.com 86 MOF is responsible for undertaking and collaborating with the Ministry of Information and Communications in communicating or disseminating state management of prices of related-party transactions Because it is a general provision, to efficient implementation and cooperation between authorities, there is a need for drafting and issuing official mechanism on dissemination of TP regulations In order to support taxpayers to comply with the law, the tax authorities has coordinated with the central and local press agencies in propaganda on tax policies, new document, such as cooperating with television stations to perform television broadcasts, radio broadcasts on tax policy, collaborating with newspapers, radio and magazines to bring news, articles and photos for propaganda on tax work For comprehensive propaganda, the tax authorities have systematized, compiled and transmitted the content of new tax policies through other forms such as: Website, email (email) to all enterprises have email addresses connected to the tax office; publicly post at the tax office's one-stop sections at all levels so that taxpayers can catch up in time with new regulations In addition, the tax authorities offer regularly support taxpayers in various forms: direct assistance, telephone support or tax policy response in writing Specifically, the tax department have successfully organized many seminars, dialogues as well as offered training courses for taxpayers In addition, the tax authorities should give support to taxpayers to overcome the difficulties, creating the best conditions for taxpayers to fully enjoy the tax incentive policies At the same time, the tax authorities should take the initiative in studying and sticking to geographical areas, set up information collection mechanism, strengthening dialogues, direct contact with associations, business associations such as the Japanese Business Association, American Business Association, Small Business Association, Tax Advisory Association to capture the situation of production and business and timely solve the difficulties and problems of taxpayers in the implementation of tax law download by : skknchat@gmail.com 87 In parallel with the propaganda on new tax policies, the tax authorities should promptly rewarded typical taxpayers in order to motivate and create a great motivation for taxpayers to continue to perform well In addition, proactively survey and classify the demands of each group of taxpayers is necessary to apply appropriate, practical and efficient forms of propagation so that taxpayers can fully and promptly grasp tax policy contents To maintain and effectively disseminate tax policies, propaganda should carry out on the loudspeaker system at the grassroots, on the electronic billboards, bulletin boards at the one door section, through publications The feedback loop should be created to receive the ideas and opinions from taxpayers for better dissemination in the future 3.2.8 Participating in international organizations on transfer pricing management The mission of the OECD is to promote policies that will improve the economic and social well-being of people around the world The OECD provides a forum in which governments can work together to share experiences and seek solutions to common problems The organization work with governments to understand what drives economic, social and environmental change We measure productivity and global flows of trade and investment The OECD were established in 1961 with 35 country members and had cooperated with more than 70 non-member countries to date All the publications including but not limited to principles, guidelines, reports of the organization have great impact on all countries in the world The OECD guidelines for MNEs and tax administrations are the base for many countries to build up their domestic law and regulations of TP, including Vietnam Up to present, Vietnam is not a member of OECD, therefore, there are some barriers to access the information and experience relating to social economic development in general and TP in particular Vietnam has many limitations on TP policy as well as the implementation of TP regulations, trying to accede the OECD in the near future shall be a good opportunity for download by : skknchat@gmail.com 88 Vietnam to handle TP issues and boost the economy Besides, Vietnam government and tax authorities should strengthen international cooperation on tax administration, especially cooperation on TP, develop mechanisms for providing and sharing information related to prices of products sold on the world market as a basis for management and handling of TP In addition, Vietnam government should participate in international protocol on tax administration, such as OECD Convention on Mutual Administrative Assistance in Tax Matters to exchange tax information with other tax authorities At present, there are 112 countries and territorial extension are members of such convention Being a member and signing MAP with other countries not only help to obtain sufficient information of MNEs but also avoid unnecessary disputes in TP management download by : skknchat@gmail.com 89 CONCLUSION TP is generally considered to be the major international taxation issue faced by MNEs today Even though responses to it will in some respects vary, TP is a complex and constantly evolving area and no government or MNE can afford to ignore it Because of preferential policy for foreign investment, the number of MNEs running business in Vietnam is increasingly growth in recent years with sophisticated tricks TP is not a new phenomenon, but it is a complicated issue required significant resources, various knowledge, skills and practical experience In Vietnam, tax management of TP faces several difficulties, including lack of comprehensive legal legislation, shortage of practical experience in tax examination and audit, lack of skilled human resources and low level of economic diversification and integration In addition, there is no long-term specific procedure and plan and comparable data for tax examination and audit of TP Despite that, the tax authorities in Vietnam have reached several achievements In the next period, to handle the above mentioned limitation, the government and tax authorities, namely the GDT, provincial taxation department and its branches, should implement a series of solutions These solutions consist of (i) improving legal regulations of TP by amending/supplementing the existing documents and issuing new documents with higher level of legal effect and detailed instructions; (ii) forming database for comparable analysis for tax examination and audit of TP; (iii) improving risks assessment of enterprises with transfer pricing warning signs (iv) establishing separate procedures for tax examination and audit to facilitate the implementation of such activities and avoid confusion for both enterprises and tax authorities; (v) training deeply for tax official to strengthen knowledge, skills for theory and reality and develop tax expert, and enhancing integration and macroeconomic situation; (vi) coordinating between related authorities of Vietnam in TP tax management; (vii) enhancing dissemination of TP to taxpayers through training class and conference for taxpayers or media like news, specialized journals in order to make the regulations so popular; and (viii) participating in international organizations on transfer pricing management to download by : skknchat@gmail.com 90 cooperate with other tax authorities in dealing with such difficult issues TP is a hot issue in the researches of the governments, organizations and individuals In this research, by analyzing the management situation in Vietnam, from that the author has made some suggestions on policy change, on enhancement of practical action of tax examination and audit and on development of economic diversification and integration, aiming at understanding basic content of TP for improving Tax Management of TP in the near future download by : skknchat@gmail.com 91 REFERENCES In English Anita Kapur (2012), Indian Transfer Pricing System Available at: http://www.taxjustice.net/cms/upload/pdf/Vikram_Vijayraghaven_Helsinki_120 6_ppt.pdf Andrew Lymer and John Hasseldine (2012), The International Taxation System, page 159 BNA (2011), Tax Management: Transfer Pricing Report Available at: https://www.bna.com/transfer-pricing-report-p17179911958/ Truy cập ngày 03/10/2016 Deloitte (2013), Operational transfer pricing Enhancing insight and process management through technology Available at: https://www2.deloitte.com/content/dam/Deloitte/uk/Documents/tax/deloitte-ustransfer-price-tech.pdf Deloitte (2016), Tax Alert Draft Transfer Pricing Decree October 2016 Available at: http://auschamvn.org/wp-content/uploads/2016/10/Deloitte- Vietnam_Tax-Alert_Draft-Decree-on-Transfer-Pricing-October-2016-En.pdf Deloitte (2016), China’s SAT issues new rules on reporting of related-party transacstions and contemporaneous documentation – Global Transfer Pricing Alert 2016-026 Available at: https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Tax/dttl-taxglobal-transfer-pricing-alert-16-026-14-july-2016.pdf Delloite (2017), Tax Alert – Decree No 20/2017/ND-CP dated 24 February 2017 guiding tax management on transfer pricing in enterprises Available at: https://www2.deloitte.com/content/dam/Deloitte/jp/Documents/tax/it/jp-itglobal-tax-update-vietnam-april2017-en.pdf Duran Timms (2013), The Harmonisation Of Transfer Pricing: The Obstacles, The Arm’s Length Principle And The Oecd Guidelines Available at: download by : skknchat@gmail.com 92 http://researcharchive.vuw.ac.nz/xmlui/bitstream/handle/10063/3186/thesis.pdf? sequence=1 Hoang Thuy Duong, Huynh Nhan and Tran Thi Thuy Ha (2017), Make or break, first APA concluded Available at: http://www.internationaltaxreview.com/Article/3728206/Make-or-break-firstAPA-concluded.html 10 EY (2014), Worldwide Transfer Pricing Reference Guide 2014 Available at: http://www.ey.com/Publication/vwLUAssets/EY-Worldwide-transfer-pricingreference-guide2014/$FILE/Worldwide%20transfer%20pricing%20reference%20guide%20201 4.pdf 11 EY (2016), Worldwide Transfer Pricing Reference Guide 2015-16 Available at: http://www.ey.com/Publication/vwLUAssets/EY-Worldwide-transfer- pricing-reference-guide-201516/$File/EY_Worldwide_Transfer_Pricing_Reference_Guide_2015-16.pdf 12 EY (2016), Transfer pricing in Vietnam 13 EY (2013), Doing Business in Vietnam Available at: https://www.pwc.com/vn/en/publications/2015/dbg_2015.pdf 14 Haskic, Nerissa (2009), The Arm’s Length Principle and the CCCTB: Solutions to transfer pricing issues for individual countries and the European Union?, Revenue Law Journal: Vol 19: Iss 1, Article Available at: http://epublications.bond.edu.au/rlj/vol19/iss1/6 15 KPMG (2014), Global transfer pricing review evolving regulation Available at: https://home.kpmg.com/content/dam/kpmg/pdf/2015/10/tp-review-vietnamv3.pdf 16 KPMG (2017), Integrated International Tax Transfer Pricing – KPMG in Vietnam Available https://home.kpmg.com/vn/en/home/insights/2017/03/integrated-international- download by : skknchat@gmail.com at 93 tax-transfer-pricing.html 17 Library of the European Parliament (2013), Corporate tax avoidance by multinational firms Available at: http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130574/LD M_BRI(2013)130574_REV1_EN.pdf 18 Moritz Hiemann and Stefan Reichelstein (2012), Transfer Pricing in Multinational Corporations: An Integrated Management- and Tax Perspective Available at: http://www.springer.com/cda/content/document/cda_downloaddocument/97836 42259791-c1.pdf?SGWID=0-0-45-1302150-p174273161 19 OECD (2012), Dealing Effectively with the Challenges of Transfer Pricing, OECD Publishing Available at: http://dx.doi.org/10.1787/9789264169463-en 20 OECD (2012), Transfer Pricing Country Profile, Name of Country: India Available at: http://www.oecd.org/tax/transfer- pricing/India_TPcountryprofile_Oct2012.pdf 21 OECD (2008), OECD Guidelines for Multinational Enterprises Available at: www.oecd.org/investment/mne/1903291.pdf 22 OECD (2010), OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations Available at: http://www.ilsole24ore.com/pdf2010/SoleOnLine5/_Oggetti_Correlati/Docume nti/Norme%20e%20Tributi/2011/02/istruzioni-uso-societa-perdite-fiscali/ocselinee-guida-2010-prezzi-trasferimento.pdf 23 OECD (2017), Jurisdictions participating in the convention on mutual administrative assistance in tax matters status – 29 june 2017 Available at: http://www.oecd.org/tax/exchange-of-tax-information/Status_of_convention.pdf 24 PWC (2014), International Transfer Pricing 2013/14 Available at: https://www.pwc.com/gx/en/international-transfer-pricing/assets/itp-2013final.pdf download by : skknchat@gmail.com 94 25 PWC (2016), International Transfer Pricing 2015/16 Available at: http://www.pwc.com/gx/en/international-transfer-pricing/assets/itp-2015-2016final.pdf 26 Quantera (2015), Transfer pricing in Vietnam Available at: http://www.quanteraglobal.com/wp-content/uploads/2016/06/QG_Transferpricing-in-Vietnam_25February2015.pdf 27 Steven Go (2010), The global tax environment: challenges for multinationals Available at: http://www.pwc.tw/en/topics/tax/taxation-201007.html 28 UN (2013), United Nations Practical Manual on Transfer Pricing for Developing Countries Available at: http://www.un.org/esa/ffd/documents/UN_Manual_TransferPricing.pdf 29 UN (2017), United Nations Practical Manual on Transfer Pricing for Developing Countries Available at: http://www.un.org/esa/ffd/wp- content/uploads/2017/04/Manual-TP-2017.pdf 30 Vietnam Investment Review (2016), Transfer pricing audits: assessment or adjustment Available at: http://www.vir.com.vn/transfer-pricing-audits- assessment-or-adjustment.html download by : skknchat@gmail.com 95 Documentation in Vietnamese Bộ Tài (1997), Thông tư số 74/1997/TT-BTC ngày 20/10/1997 Bộ Tài chính, hướng dẫn thực quy định thuế hình thức đầu tư theo luật đầu tư nước ngồi Việt Nam Bộ Tài (1999), Thơng tư số 89/1999/TT-BTC ngày 16/7/1999 Bộ Tài chính, hướng dẫn thực quy định thuế hình thức đầu tư theo luật đầu tư nước ngồi Việt Nam Bộ Tài (2001), Thơng tư số 13/2001/TT-BTC ngày 08/3/2001 Bộ Tài chính, hướng dẫn thực quy định thuế hình thức đầu tư theo luật đầu tư nước ngồi Việt Nam Bộ Tài (2005), Thơng tư số 117/2005/TT-BTC ngày 19/12/2005 Bộ Tài chính, hướng dẫn thực việc xác định giá thị trường giao dịch kinh doanh bên có quan hệ liên kết Bộ Tài (2010), Thơng tư số 66/2010/TT-BTC ngày 22/4/2010 Bộ Tài hướng dẫn thực việc xác định giá thị trường giao dịch kinh doanh bên có quan hệ liên kết Bộ Tài (2012), Quyết định 1250/QĐ-BTC ngày 21/5/2012 Bộ Tài việc phê duyệt chương trình hành động kiểm soát hoạt động chuyển giá giai đoạn 2012-2015 Bộ Tài (2013), Thơng tư số 201/2013/TT-BTC ngày 20/12/2013 Bộ Tài hướng dẫn áp dụng thỏa thuận trước phương pháp xác định giá tính thuế quản lý thuế Bộ Tài (2013), Thơng tư 156/2013/TT-BTC ngày 06/11/2013 Bộ Tài hướng Dẫn Thi Hành Một Số Điều Của Luật Quản Lý Thuế; Luật Sửa Đổi, Bổ Sung Một Số Điều Của Luật Quản Lý Thuế Và Nghị Định Số 83/2013/Nđ-Cp Ngày 22/7/2013 Của Chính Phủ Bộ Tài (20170 Thơng tư 41/2017/TT-BTC ngày 28/4/2017 hướng dẫn thực số điều nghị định số 20/2017/NĐ-CP ngày 24 tháng 02 năm 2017 phủ quy định quản lý thuế doanh nghiệp có giao dịch download by : skknchat@gmail.com 96 liên kết 10 Bộ Tài (2017), Thanh tra chống chuyển giá 329 doanh nghiệp Chi tiết tại: http://tapchitaichinh.vn/tai-chinh-kinh-doanh/tai-chinh-doanh-nghiep/thanhtra-chong-chuyen-gia-tai-329-doanh-nghiep-101599.html 11 Bộ Kế hoạch Đầu tư (2017), Tình hình đầu tư nước ngồi vào Việt Nam Chi tiết tại: http://fia.mpi.gov.vn/chuyenmuc/14/Tinh-hinh-dau-tu 12 Chính phủ (2017) Nghị định 20/2017/NĐ-CP ngày 24/2/2017 Quy Định Về quản lý thuế doanh nghiệp có giao dịch liên kết 13 Crowe Horwath (2016), Hoạt động tra chuyển giá Cơ quan thuế Chi tiết tại: http://www.crowehorwath.net/uploadedFiles/VN/news- room/newsletter_library/news_in_brief/118b.BN010316_Hoat%20dong%20tha nh%20tra%20Chuyen%20gia%20cua%20Co%20quan%20thue.pdf 14 Phan Thị Thành Dương (2010), Pháp luật kiểm soát chuyển giá Việt Nam Chi tiết tại: http://tracuu.thuvientphcm.gov.vn:8081/Pages/Opac/OViewer.aspx?DocId=318 6&Page=1&fileId=3590#page/1/mode/1up 15 Phạm Tiến Đạt (2011), Giải pháp chống chuyển giá doanh nghiệp FDI, Tạp chí Tài tháng 5/2011 16 Nguyễn Thị Phương Hoa (2009), Tăng cường kiểm soát nhà nước hoạt động chuyển giá doanh nghiệp điều kiện hội nhập kinh tế Việt Nam, Đề tài khoa học cấp 17 Nguyễn Thị Thu Hoài & Dương Văn An (2016), Chuyển giá doanh nghiệp FDI: Thực trạng giải pháp Chi tiết tại: http://tapchitaichinh.vn/nghien-cuu trao-doi/trao-doi-binh-luan/chuyen-giatrong-cac-doanh-nghiep-fdi-thuc-trang-va-giai-phap-75308.html 18 Nguyễn Thị Lan (2016), Quản lý chống chuyển giá: Kết bước đầu Chi tiết tại: http://tapchitaichinh.vn/nghien-cuu trao-doi/trao-doi-binh-luan/quan-ly- chong-chuyen-gia-ket-qua-buoc-dau-81175.html 19 Nguyễn Văn Phượng, Kiểm soát nhà nước gian lận chuyển giá Việt download by : skknchat@gmail.com 97 Nam, Luận án tiến sĩ kinh tế, Trường Đại học Kinh tế quốc dân năm 2015 20 Đào Phú Quý (2014), Chuyển giá Việt Nam số gợi ý sách chống chuyển giá Chi tiết tại: http://tapchitaichinh.vn/nghien-cuu traodoi/trao-doi-binh-luan/chuyen-gia-tai-viet-nam-va-mot-so-goi-y-chinh-sachchong-chuyen-gia-54559.html 21 Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam (2006), Luật số 78/2006/QH11 ngày 29/11/2006 Quản lý thuế 22 Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam (2012), Luật số 21/2012/QH13 ngày 20/11/2012 sửa đổi, bổ sung số điều luật quản lý thuế 23 Lê Văn Sua (2015), Cơ sở pháp lý chống chuyển giá vấn đề hoàn thiện pháp luật chống chuyển giá Việt Nam Chi tiết tại: http://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao-doi.aspx?ItemID=1896 24 Phạm Hùng Tiến (2012), Bàn chống chuyển giá giai đoạn Chi tiết tại: http://tapchi.vnu.edu.vn/upload/2014/02/1131/5.pdf 25 Nguyễn Quang Tiến (2012), Quản lý thuế hoạt động chuyển giá: thực trạng giải pháp Chi tiết tại: http://tapchitaichinh.vn/nghien-cuu-traodoi/quan-ly-thue-doi-voi-hoat-dong-chuyen-gia-thuc-trang-va-giai-phap5673.html 26 Lê Xuân Trường (2012), Chống chuyển giá Việt Nam: Tiếp tục hoàn thiện khung pháp lý điều kiện thực Chi tiết tại: http://tapchitaichinh.vn/nghien-cuu-trao-doi/chong-chuyen-gia-o-viet-nam-tieptuc-hoan-thien-khung-phap-ly-va-cac-dieu-kien-thuc-hien-5672.html 27 Tạp chí thuế nhà nước (2011), Hướng dẫn kê khai giao dịch liên kết toán thuế TNDN chống chuyển giá, Nhà xuất Hà Nội 28 Tổng cục Hải quan (2015), Truy thu thuế Công ty TNHH Metro Cash & Carry Việt Nam 570 tỷ đồng Chi tiết tại: http://www.baohaiquan.vn/Pages/Tong-cucThue-len-tieng-ve-viec-truy-thu-thue-Cong-ty-Metro-Viet-Nam.aspx download by : skknchat@gmail.com ... determinants of tax management of TP of MNEs in a systematic manner III Object and scope of research The object of research is tax management of TP of MNEs in Vietnam Tax management of TP is constituted... basis for Tax Management of Transfer Pricing Chapter 2: Practical situation of Tax Management of Transfer Pricing of MNEs in Vietnam Chapter 3: Recommendations for Improving Tax Management of Transfer... transfer pricing 18 1.2 Tax management of transfer pricing 20 1.2.1 The concept of tax management of transfer pricing .20 1.2.2 History of tax management of transfer pricing in the