Japan–Vietnam tax treaty · exit tax
Japan’s domestic residence is domicile or one continuous year — not a 183-day myth. The exit-tax gate is ¥100 million of covered assets and more than five years in the prior ten. Treaty in force since 1995-12-31. MLI withholding from 2024-01-01.
Visa → days → tax → labour
- TRC / stay sets how long you may remain.
- Days and habitual abode decide Vietnam tax residence (threshold 183 days).
- Working needs a permit or exemption — separate from tax.
- Relief between the states runs through the Japan–Vietnam DTA (signed 1995-10-24).
Treaty article caps on file
Primary MOF synthesised MLI text. Article-by-article PPT / other overrides are not re-celled here.
| Article / topic | On file |
|---|---|
| Dividends | 10 % |
| Interest | 10 % |
| Royalties | 10 % |
| Construction PE | more than 6 months |
| Services PE | more than 6 months within any twelve-month period |
| Art 15 short-stay limb | 183 days |
| Art 18 pensions | Taxable only in the residence state |
| Art 23 credit JP ← VN tax | Exists — dollar amounts refused |
| Art 23 credit VN ← JP tax | Exists — dollar amounts refused |
| MLI withholding effect | From 2024-01-01 |
| MLI other taxes — Japan | Periods from 2024-03-01 |
| MLI other taxes — Vietnam | Periods from 2025-01-01 |
| Art 4 dual-resident tie-breaker | permanent home → centre of vital interests → habitual abode → nationality → mutual agreement |
MLI applies to this pair. Article-by-article overrides beyond the WH effect date are not re-celled.
Dual residence — why day counts disagree
- Vietnam: 183-day / habitual-abode machine (tax residency).
- Japan: domicile (jusho) or continuous residence (kyosho) of one year or more — not a single 183-day domestic test.
- Dual domestic residence → DTA Art 4: permanent home → centre of vital interests → habitual abode → nationality → mutual agreement.
- Refused: picking treaty residence without permanent-home and vital-interests facts.
Japan-side traps
Domestic Japan gates. They do not travel from the Australia page. We state the gate — not the bill.
1. Worldwide tax for ordinary residents
Ordinary residents are taxed on whole income. A non-permanent resident category exists for certain non-Japanese nationals. Vietnam residence does not by itself switch worldwide tax off.
2. Domicile or one-year residence (not the 183-day myth)
Domestic tax residence uses domicile or continuous residence of 1 years. The treaty Art 15 short-stay limb uses 183 days — that is not Japan’s domestic residence test.
3. Exit tax
Leaving Japan permanently can trigger a deemed disposal of covered securities and unsettled derivatives when holdings total 100000000 JPY or more and domicile or residence exceeds 5 years in the prior 10 years. Regime from 2015-07-01. Payment deferral of 5 years (max 10 years) exists if a tax manager and collateral are filed before departure. Gain maths refused.
What stays refused
Dollar Art 23 credits, exit-tax gain maths beyond the ¥100m threshold gate, non-permanent resident dollar schedules, and MLI article-by-article overrides beyond the WH effect date.
All cells on this page
- Japan–Vietnam double tax agreement exists and is in forceJapan–Vietnam DTA 1995; MOF tax convention list; MOF synthesised textyeschecked Aug 2026
- Japan–Vietnam DTA signedMOF — signed Hanoi 24 October 19951995-10-24checked Aug 2026
- Japan–Vietnam DTA entry into forceMOF Japan tax convention list — Viet Nam EIF 31 Dec 19951995-12-31checked Aug 2026
- Dividend source capJapan–Vietnam DTA Art 10(2) (MOF synthesised text)10 %checked Aug 2026
- Interest source capJapan–Vietnam DTA Art 11(2)10 %checked Aug 2026
- Royalty source capJapan–Vietnam DTA Art 12(2)10 %checked Aug 2026
- Construction PE thresholdJapan–Vietnam DTA Art 5(3) — construction/installation/assembly/supervisory > six months6 monthschecked Aug 2026
- Services PE thresholdJapan–Vietnam DTA Art 5(4) — services aggregating > six months within any twelve-month period6 monthschecked Aug 2026
- Dependent personal services short-stay limbJapan–Vietnam DTA Art 15 — ≤183 days in the calendar year (one of conditions)183 dayschecked Aug 2026
- Art 18 pensions taxable only in residence stateJapan–Vietnam DTA Art 18yeschecked Aug 2026
- Art 4 individual dual-resident tie-breaker cascadeJapan–Vietnam DTA Art 4(2)(a)–(d)permanent home → centre of vital interests → habitual abode → nationality → mutual agreementchecked Aug 2026
- Dual JP–VN domestic residents use DTA Art 4Japan–Vietnam DTA Art 4(2)yeschecked Aug 2026
- Art 23 credit: Japan ← Vietnam taxJapan–Vietnam DTA Art 23(2)(a) — Japan credit for Vietnamese taxyeschecked Aug 2026
- Art 23 credit: Vietnam ← Japan taxJapan–Vietnam DTA Art 23(1) — Vietnam credit for Japanese taxyeschecked Aug 2026
- Art 23 foreign-tax credit dollar amounts deliberately not modelledArt 23 mechanism filed; dollar credits refusedyeschecked Aug 2026
- MLI applies to the Japan–Vietnam tax treatyMOF — MLI applies to Japan–Vietnam treaty; WH effect from 1 Jan 2024yeschecked Aug 2026
- MLI withholding-tax effect fromMOF MLI Viet Nam page — WH effect on or after 1 Jan 2024 in Japan and Viet Nam2024-01-01checked Aug 2026
- MLI article-by-article overrides deliberately not modelledMOF synthesised text exists; article-by-article PPT/other overrides not re-celledyeschecked Aug 2026
- Japan domestic tax traps are modelled on this sitenguon/JP_SIDE_TRAPS.md — domicile/1yr / worldwide / exit tax gatesyeschecked Aug 2026
- Japan tax residence uses domicile or one-year continuous residenceNTA — resident = domicile (jusho) or residence (kyosho) continuously for one year or moreyeschecked Aug 2026
- Japan continuous-residence threshold for tax residenceNTA Income Tax Guide — continuous residence of one year or more1 yearschecked Aug 2026
- Japan domestic tax residence is not a single 183-day testNTA — domestic residence is domicile/1yr; 183 days appears in treaty Art 15 short-stay, not as the domestic residence testyeschecked Aug 2026
- Japan ordinary residents are taxed on worldwide incomeNTA Income Tax Guide — residents other than non-permanent residents taxed on whole incomeyeschecked Aug 2026
- Japan non-permanent resident category existsNTA — non-permanent resident = non-Japanese national with ≤5 years domicile/residence in preceding 10 yearsyeschecked Aug 2026
- Japan exit-tax regime existsNTA Tax Answer No.1478 — 国外転出時課税 deemed disposal of covered assets on overseas departureyeschecked Aug 2026
- Exit-tax covered-asset thresholdNTA No.1478 — covered assets totaling ¥100 million or more at departure100000000 JPYchecked Aug 2026
- Exit-tax dollar amounts deliberately not modelledExit-tax gate and ¥100m threshold filed; gain maths refusedyeschecked Aug 2026
- Exit-tax prior-residence limbNTA Tax Answer No.1478 — more than 5 years domicile/residence in the 10 years before departure5 yearschecked Aug 2026
- Exit-tax residence lookback windowNTA Tax Answer No.1478 — lookback window for the residence limb10 yearschecked Aug 2026
- Exit-tax regime applies fromNTA No.1478 — regime applies to overseas departures on or after 1 July 2015 (Heisei 27 tax reform)2015-07-01checked Aug 2026
- Exit-tax payment-deferral base periodNTA No.1478 — tax payment deferral available for 5 years (extendable to 10) if tax manager + collateral filed before departure5 yearschecked Aug 2026
- Exit-tax payment-deferral maximumNTA No.1478 — deferral extendable to a maximum of 10 years10 yearschecked Aug 2026
- Exit-tax covered assets include securities and unsettled derivativesNTA No.1478 — covered assets include securities (shares, investment trusts), silent-partnership interests, unsettled margin and derivative contractsyeschecked Aug 2026
- MLI other-tax effect in Japan fromMOF MLI Viet Nam page — for taxes other than WH, MLI effect in Japan for taxable periods beginning on or after 1 Mar 20242024-03-01checked Aug 2026
- MLI other-tax effect in Vietnam fromMOF MLI Viet Nam page — for taxes other than WH, MLI effect in Viet Nam for taxable periods beginning on or after 1 Jan 20252025-01-01checked Aug 2026
Common questions
- Is Japan tax residence a 183-day test?
- No. Domestic Japan residence uses domicile or continuous residence of one year or more. The 183-day figure appears in treaty Art 15 short-stay — not as Japan’s domestic residence test.
- What is Japan’s exit tax threshold?
- NTA Tax Answer No.1478: covered securities and unsettled derivatives totaling ¥100 million or more, and domicile/residence for more than five years in the prior ten. Gain maths refused. Payment deferral of five years (max ten) exists with conditions.
- Is there a Japan–Vietnam tax treaty?
- Yes. Signed 24 October 1995; in force from 31 December 1995. MLI withholding effect from 1 January 2024. Article-by-article MLI overrides beyond filed dates are not re-celled.
- How is dual JP–VN residence resolved?
- When both domestic systems claim you, DTA Art 4 applies (permanent home → centre of vital interests → habitual abode → nationality → mutual agreement). We refuse outcomes without those facts.
Cells cite primary sources with check months. Method · Sources · Disclosure. Not personalised tax advice.
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