Vietnam drops the seller-paid condition for VAT refunds and sets agricultural-product rules (Decree 359/2025/NĐ-CP)
This page records one dated change. For the rules in Vietnam as they stand today, see the Vietnam guide →
- Jurisdiction
- Vietnam
- Tax
- VAT (GTGT)
- Change type
- Compliance
- Status
- In force
- Impact
- Plan ahead
- Announced
- 31 December 2025
- Effective
- 1 January 2026
- Instrument
- VN-DECREE-359-2025-ND-CP
- Authority
- Công Báo — Official Gazette of the Government of Vietnam
- Verified
- Fetched from official source · high confidence
Businesses in Vietnam claiming VAT refunds, and enterprises and cooperatives trading unprocessed crop, forestry, livestock and fishery products.
Businesses claiming VAT refunds on agricultural input purchases should re-evaluate eligibility under the revised conditions effective 1 January 2026.
Decree 359/2025/ND-CP, signed 31 December 2025 and in force 1 January 2026, amends Decree 181/2025/ND-CP: (1) it repeals Article 37.3 and Article 39.3, removing the refund condition that the seller has declared and paid VAT on the invoices issued to the refund claimant, with a transitional rule for refund dossiers received before 1 January 2026; (2) it adds Article 4.1b: enterprises and cooperatives that buy unprocessed or preliminarily processed crop, forestry, livestock and fishery products and sell them to other enterprises or cooperatives do not declare or pay VAT on them but may still deduct input VAT; deduction-method sellers of such products to households, individuals and other buyers charge 5%; direct-method sellers at the commercial stage pay 1% of turnover.
What changed in detail
The Government issued Decree No. 359/2025/NĐ-CP on 31 December 2025, signed by Deputy Prime Minister Hồ Đức Phớc and published in Công Báo No. 16 of 14 January 2026. It amends Decree 181/2025/NĐ-CP, which details VAT Law 48/2024/QH15 as amended by Laws 90/2025/QH15 and 149/2025/QH15. It takes effect on 1 January 2026.
- Refunds. Article 1(2) repeals Article 37(3) and Article 39(3) of Decree 181, removing the refund condition that the seller has declared and paid VAT on the invoices issued to the claimant. Under Article 2(2), refund files received before 1 January 2026 but not yet decided also need not meet that condition.
- Agricultural products. Article 1(1) inserts Article 4(1b). Enterprises, cooperatives and cooperative unions that buy unprocessed or simply pre-processed crop, forestry, livestock and fishery products and sell them to other such entities do not declare or pay VAT on them, but may still deduct input VAT. Deduction-method sellers of these products to households, individuals and other buyers charge 5%. Direct-method sellers at the commercial stage pay 1% of turnover.
What it means
The decree is in force and still part of the current text of Decree 181, which Decree 144/2026/NĐ-CP amended again from 20 June 2026 on other points.
The refund change matters most. The repealed condition made a claimant’s refund depend on whether its suppliers had filed and paid, which the claimant could not control. That condition is gone, including for files already pending at the start of 2026. The agricultural rule implements the Law 149/2025/QH15 amendment to Article 5(1). Traders in farm produce should check which buyer type each sale goes to, because that decides between no VAT, 5% and 1% of turnover.
Proof
Nghị định này có hiệu lực thi hành từ ngày 01 tháng 01 năm 2026.This Decree takes effect from 1 January 2026.
Source snapshot of the official page. Open full size ↗Archived from the official distribution · Nghị định số 359/2025/NĐ-CP ngày 31 tháng 12 năm 2025, Công báo Số 16, ngày 14-01-2026 · congbaocdn.chinhphu.vn