The problem: your refund now depends on your supplier’s tax behaviour
Vietnam’s VAT refund system was rebuilt with VAT Law 48/2024 and Decree 181/2025. For export-oriented FDI companies, refunds remain available — but the rules now link your refund to whether your suppliers declared and paid their VAT, and the tax authority classifies refund claims by risk. Understanding the new mechanics is the difference between a refund in weeks and a file stuck in audit for months.
The legal basis
- VAT Law 48/2024/QH15 (effective 1 January 2026) and Decree 181/2025/ND-CP guiding it.
- Export refunds: a business with exported goods or services and uncredited input VAT of VND 300 million or more qualifies for monthly or quarterly refund.
- The new supplier condition (Decree 181, Article 37(3)): at the time you file, the seller must have filed its VAT return for the corresponding period and have no outstanding VAT debt for that period — verified automatically through the tax IT system. Invoices from sellers who have not filed or still owe VAT for the period are excluded from your refund.
- Investment-project refunds: input VAT of the project, after offsetting against output VAT of operating activities, of VND 300 million or more is refundable — provided charter capital was fully contributed as registered, conditional business lines are licensed, the project is not resource extraction, it forms fixed assets, and the file is submitted within one year of completion.
- Risk classification: the tax authority classifies taxpayers and refund claims by risk; high-risk files go through pre-refund audit instead of refund-first-audit-later.
What changed for FDI exporters in practice
Two shifts matter most. First, supplier selection is now a tax decision. Buying from a supplier with poor filing discipline can directly shrink your refund, because their invoices drop out of the eligible pool. Vet major domestic suppliers’ compliance before you depend on their VAT. Second, the “refund first” track is earned. Clean history, consistent filings and low risk scores keep you on the fast track; anomalies push you into pre-refund inspection. New FDI companies should also note the traps: uncontributed charter capital blocks project refunds; and since late 2025, VAT on imported goods later re-exported as returns to foreign vendors is not refundable — do not build cash-flow plans on it.
A refund-ready file
(1) Reconcile input VAT monthly and flag any supplier whose invoices repeatedly fail the Article 37(3) check. (2) Keep export documentation airtight — customs declarations, contracts, payment proofs through banks. (3) For projects: track charter-capital contribution certificates and licensing milestones alongside construction spending. (4) File complete dossiers the first time; supplementary rounds reset the clock. (5) Monitor your risk classification and fix the underlying issues (late filings, arrears) rather than fighting the classification itself.
Frequently asked questions
How long does an export VAT refund take now?
It depends on your risk track: refund-first files move in weeks; pre-refund audit files take months. The single biggest lever you control is your compliance history and dossier quality.
Can we get a refund if our supplier went missing?
Only for invoices where the supplier filed and paid for the corresponding period. If the supplier never filed, those invoices are excluded — which is why supplier vetting now belongs in procurement, not just in tax.
Does the 300-million threshold apply per month or per quarter?
Per the refund period you file for: businesses file monthly or quarterly, and the uncredited input VAT of VND 300 million or more in that period qualifies. Check current filing guidance for your taxpayer category.
This article has been quality-reviewed by the FLAW AI Legal Council
