OECD_税务透明度和信息交流全球论坛_越南2025（第二轮_合并审议）_关于应要求交换信息的同行审议报告_105页_1mb

Summary of the Peer Review Report on the Exchange of Information on Request in Viet Nam (2025, Second Round, Combined Review)

Core Content

This report is a peer review conducted by the Global Forum on Transparency and Exchange of Information for Tax Purposes on Viet Nam's implementation of the Exchange of Information on Request (EOIR) standard in the second round of reviews. The report was approved on 10 October 2025 and adopted by the Global Forum on 5 November 2025. It evaluates both the legal and regulatory framework and its practical implementation from 1 January 2021 to 31 December 2023. Viet Nam joined the Global Forum in 2020, and this is its first comprehensive assessment.

Main Findings and Ratings

The report concludes that Viet Nam is rated Overall Non-Compliant with the EOIR standard. The assessment is based on the following three categories:

A. Availability of Information

• A.1 Legal and beneficial ownership and identity information: In place but needs improvement → Partially Compliant
• A.2 Accounting records: In place → Partially Compliant
• A.3 Banking information: In place but needs improvement → Partially Compliant

B. Access to Information

• B.1 Competent authority's ability to obtain and provide information: In place but needs improvement → Partially Compliant
• B.2 Notification requirements, rights and safeguards: In place but needs improvement → Largely Compliant

C. Exchange of Information

• C.1 Exchange of information mechanisms: In place → Compliant
• C.2 Network of EOIR mechanisms: In place → Compliant
• C.3 Confidentiality: In place but needs improvement → Non-Compliant
• C.4 Rights and safeguards: In place but needs improvement → Largely Compliant
• C.5 Quality and timeliness of responses: N.A. → Non-Compliant

Key Issues Identified

Legal and Regulatory Framework

• Ownership and identity information for domestic legal entities and arrangements is generally available, but there are no retention requirements after entities cease to exist, and inactive entities may not provide updated records.
• Beneficial ownership information for legal persons is available through AML-obliged entities, but the criteria for identifying beneficial owners are not fully aligned with the standard. The definition of beneficial ownership excludes indirect or joint ownership and control through other means, which may lead to incomplete identification.
• Foreign companies with a sufficient nexus to Viet Nam lack comprehensive legal ownership information in the BRA and tax authorities, as it is only available if mentioned in the incorporation certificate.
• Nominee arrangements are not prohibited, but there is no requirement for nominees to disclose their status or the identity of the nominator, which may lead to incomplete beneficial ownership records.

Practical Implementation

• Incoming EOI requests: Viet Nam received 49 EOI requests, but could not provide complete information on their status. Responses were generally delayed, with only 19% provided within 180 days. Three requests were withdrawn due to lack of response, and 41% remain pending.
• Outgoing EOI requests: Viet Nam sent 338 outgoing requests, but the quality and relevance of these requests were questioned by peers. There was also a lack of clarity and timeliness in the clarifications provided.
• Confidentiality: There are confidentiality obligations in place, but they are not well understood or properly implemented by tax authorities. The handling, labeling, and archiving of exchanged information need urgent attention.
• Disclosure to taxpayers: Taxpayers have the right to access the entire audit file, including EOI correspondence, with no exceptions. This is inconsistent with the standard, which allows for limited disclosure.

Key Recommendations

1. Ensure that legal ownership information of joint stock companies remains available for at least five years after their dissolution.
2. Improve the availability of legal ownership information for foreign companies with a sufficient nexus to Viet Nam.
3. Require nominees to disclose their status and provide identity information on the nominator to the company or AML-obliged entities.
4. Align the definition and identification criteria for beneficial owners with the standard, including joint and indirect ownership.
5. Ensure ongoing relationships between legal persons and AML-obliged entities throughout their existence.
6. Implement clear retention requirements for beneficial ownership information and ensure continued availability of records even after AML-obliged entities cease to exist.
7. Strengthen supervision of AML-obliged persons and improve the quality and timeliness of EOI responses.
8. Clarify the use of exchanged information to ensure it is not restricted to the persons named in the request.
9. Develop formalised processes for managing and monitoring incoming EOI requests, including status updates and communication with partners.

Conclusion

Viet Nam has made some progress in improving its transparency and exchange of information framework since joining the Global Forum in 2020. However, significant deficiencies remain in the availability and retention of ownership and beneficial ownership information, as well as in the confidentiality and communication of EOI processes. These shortcomings have led to the Overall Non-Compliant rating. The report recommends further actions to align Viet Nam's legal and practical implementation with the EOIR standard.

Additional Information

• The report includes Annexes detailing recommendations, EOI mechanisms, methodology, and Viet Nam's response.
• Viet Nam is expected to provide a self-assessment report on its progress in addressing the recommendations in accordance with the Enhanced Monitoring methodology.