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Treaty detail

China - Vietnam tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

1995-05-17

Effective

1996-10-18

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 10% · Corporate rate: 10%

The China-Vietnam treaty generally applies a uniform cap on cross-border dividends without a separate parent-subsidiary rate. The precise outcome still depends on beneficial ownership and Article 10.

Interest

Rate: 10%

Interest paid to or guaranteed by the government or central bank of either state is typically exempt. Other categories follow the standard 10 percent cap.

Royalties

Rate: 10%

Royalty treatment under this treaty caps the source-country rate at 10 percent for most categories. Practitioners should still confirm the specific royalty type against Article 12.

Permanent establishment

Construction threshold: more than 6 months

Dependent-agent rules apply where a person habitually concludes contracts or maintains a stock of goods on behalf of the enterprise.

Other treaty flags

Pensions: residence
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: Yes

Pension taxation is generally allocated to the residence state, with separate rules for government-service pensions.

Seeded article summaries

Article 4

Residence

Defines treaty residence and is the gateway to any benefit under the treaty.

Residence under the China-Vietnam treaty matters in particular for Chinese investors operating in Vietnam's manufacturing zones and for cross-border employment arrangements.

Article 5

Permanent Establishment

Sets the business-presence threshold with a services-PE element.

The China-Vietnam treaty includes a construction threshold and a separate services threshold, which is typical of treaties between China and other developing economies.

Article 7

Business Profits

Reserves business profits to the residence state absent a permanent establishment in the other state.

Article 7 is the operating rule for cross-border supply chains, contract manufacturing arrangements, and consulting services flowing between China and Vietnam.

Article 10

Dividends

Caps source-country withholding on cross-border dividends at a uniform rate.

Article 10 produces a uniform treaty cap regardless of shareholding percentage. The dividend article should be read together with Vietnamese and Chinese domestic withholding rules.

Article 11

Interest

Caps source-country withholding on cross-border interest with government-interest carve-outs.

Article 11 caps the general rate at 10 percent. Government-related and qualifying financial-institution interest may be fully exempt under the article.

Article 12

Royalties

Caps source-country withholding on royalties at a uniform rate.

The royalty article matters for cross-border technology transfer, manufacturing licenses, and software. The precise rate should be confirmed against Article 12.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.