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    Vietnamese Local Companies Face Challenges as Foreign Enterprises Take Advantage of Tax Loopholes


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    According to data from the Ministry of Finance in 2023, more than 50% of foreign-invested enterprises (FDI) reported losses, with cumulative losses reaching nearly 1 quadrillion VND. Photo: Nam Khanh

    In Vietnam, foreign direct investment (FDI) has long been celebrated for driving economic growth and technological advancement. However, recent reports reveal a worrying trend: cumulative losses among FDI enterprises are nearing 1 quadrillion VND (approximately $40 billion). This situation has raised critical concerns about tax evasion, market distortion, and the resulting unfair competition faced by domestic businesses.

    Experts are increasingly vocal about the tactics employed by some foreign firms, particularly the complex strategies surrounding transfer pricing. These strategies can inflate production costs artificially, putting local companies at a distinct disadvantage. With over 50% of FDI firms declaring losses even as they expand operations, critics suggest that many may be exploiting a “fake losses, real profits” strategy to minimize their tax obligations. This duplicity not only impacts tax revenue but also skews the market dynamics in favor of foreign entities.

    The Impact of FDI Losses on Local Businesses

    Nguyen Cong Cuong, Vice Chairman of the Hanoi Association of Leading Manufacturing Enterprises (HAMI), acknowledges the undeniable contributions of FDI—such as job creation, export facilitation, and technology transfer. Yet, he emphasizes the dark side of this influx of foreign capital: unchecked transfer pricing practices that elevate local production costs and suppress competition.

    “When FDI companies engage in transfer pricing, domestic production costs rise artificially, creating an uneven playing field,” Cuong explains. As local enterprises contend with higher expenses and limited access to export markets, the pressure mounts, forcing many to struggle to survive in an increasingly unbalanced landscape.

    Moreover, while local firms adhere strictly to tax regulations, some foreign enterprises seem to navigate around these obligations, leveraging tax incentives while finding loopholes to evade corporate taxes. This discrepancy raises alarm bells about the sustainability of local businesses that play by the rules while foreign competitors do not.

    Calls for Tighter Regulations on FDI Tax Compliance

    Bui Quang Cuong, CEO of iViet Business Solutions, paints a troubling picture of the competitive imbalance that local companies face. “Foreign firms enjoy preferential tax policies, larger capital reserves, and access to global supply chains,” he states. In contrast, Vietnamese businesses, unable to use transfer pricing, find themselves grappling with higher operational costs, pushing them further into the margins.

    Nguyen Dinh Thang, Chairman of Hong Co Group, echoes these concerns, noting the paradox where certain FDI firms report consistent losses while aggressively expanding their operations. This trend raises questions about potential financial manipulation and the risks local partners face in joint ventures, especially when capital increases impose a burden they cannot meet.

    Proposed Solutions: Blacklisting Loss-Making FDI Firms

    While Vietnam has initiated measures to tackle transfer pricing challenges, experts believe stronger actions are necessary. Nguyen Cong Cuong advocates for a multi-pronged approach. Key recommendations include:

    • Targeted Audits: Instead of broad investigations, focus on FDI firms flagged for high transfer pricing risks to optimize resource allocation.
    • Blacklist System: Firms reporting ongoing losses for 3–5 years while expanding should be subjected to rigorous scrutiny and placed on a watchlist.
    • Standardized Pricing Database: Creating benchmarks for internal transactions can prevent FDI firms from manipulating prices to evade tax obligations.
    • Enhanced Auditing Capacity: Expanding the capabilities of Vietnam’s financial auditors is vital for scrutinizing multinational corporations effectively.
    • Global Cooperation: Engaging with OECD tax initiatives can strengthen efforts against tax evasion.

    Thang further suggests cutting tax incentives for companies that repeatedly report losses, alongside advocating for blockchain-based financial reporting to improve transparency.

    In light of these challenges, the call for reform is resonating across the economic landscape. Cuong emphasizes the need for corporate tax policy reforms that eliminate financial incentives for transfer pricing, thus fostering a culture of compliance among FDI firms. “Fair and effective tax policies will not only boost revenue but will also create a competitive environment that attracts responsible foreign investors,” he concludes.

    Binh Minh

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